DOCTORS: MARIJUANA IS NO CRIME

Top Medical Journal Demands Decriminalization Of Drug; Health Effects
Minimal, Editorial Argues

Canada's leading medical journal has added its voice to a growing call
to decriminalize marijuana by saying that Canadians caught with small
amounts should not be saddled with the "indelible tattoo" of a
criminal record.

The Canadian Medical Association Journal, the publication of the
association that represents the country's 50,000 doctors, will urge
Justice Minister Anne McLellan to decriminalize the possession of
marijuana for personal use in an editorial to be published today.

"The minimal negative health effects of moderate use would be attested
to by the estimated 1.5 million Canadians who smoke marijuana for
recreational purposes," says the journal.

While the editorial applauds the recent initiative to legalize
marijuana for medical purposes, it says a "bolder strike" is now needed.

"The decriminalization of marijuana possession for personal use does
not mean making marijuana legal or letting it be sold in every
schoolyard," the journal writes. "It does mean possession of small
amounts for personal use would become a civil offence, like a traffic
violation, not a criminal one."

The influential call for decriminalization comes amid Senate hearings
on drug laws in which the major theme emerging so far is that Canada's
possession law is too paternalistic.

At hearings yesterday, several experts testified about the high
financial and social costs of outlawing possession and one witness
called for an end to the "coercive sanctions" of the Criminal Code.

The Canadian Medical Association Journal details the "legal and social
fallout" of continuing to criminalize possession of small amounts, a
law that resulted in 31,299 convictions in 1995, the editorial says.

"Many lead to jail terms or fines and all result in that indelible
social tattoo: a criminal record.

"This means that for anyone who's ever been caught with a stash in his
or her pocket, the question, 'Have you ever had a criminal
conviction?' during a job application or medical school interview can
force higher aspirations to go up in a puff of smoke."

The Canadian Medical Association, which publishes the journal, has
previously called for the decriminalization of marijuana. And in 1999,
the Canadian Association of Chiefs of Police advocated taking
marijuana possession out of the Criminal Code.

A spokeswoman for Ms. McLellan said the minister welcomes debate on
decriminalization of marijuana but has no immediate plan to drop
possession from the Criminal Code.

"It is far too complex to just move ahead without fully understanding
what the social, what the legal and what the educational impacts may
be," said Farah Mohammed.

Among other things, the government is awaiting the outcome of the
deliberations of the special Senate committee on illegal drugs, which
was struck last year.

Yesterday, sociologist Andrew Hathaway echoed the sentiment of three
other expert witnesses when he told the committee that Canada must
drop "coercive sanctions" for marijuana possession.

"Why the need of the criminal justice machinery of the state to stop
people from doing what they choose to do?" he asked.

"A lot of these illicit drugs are less harmful than the ones we
accept."

In an interview, Mr. Hathaway said the federal government is moving in
the right direction on drug policy by exploring the prospect of
setting up safe injection sites for heroin addicts in major cities
such as Vancouver and Montreal.

Such sites, which would provide drug addicts with a place to safely
inject themselves, already exist in Europe.

The Health Department spokeswoman for the exploration project, Cathy
Airth, was not available yesterday for comment.

Tory Senator Pierre Claude Nolin, who has already said marijuana
possession has no place in the Criminal Code, said the message to
decriminalize has been delivered loud and clear from witnesses who
have appeared before the Senate committee so far.

Statistics presented yesterday revealed that 500,000 Canadians have
amassed criminal records for marijuana possession since the 1960s.

The committee was also told that decriminalization in European
countries and in Australia has not led to an increased prevalence of
marijuana.