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News (Media Awareness Project) - CN MB: Editorial: Pot Law Absurd
Title:CN MB: Editorial: Pot Law Absurd
Published On:2006-10-28
Source:Winnipeg Free Press (CN MB)
Fetched On:2008-01-12 23:27:26
POT LAW ABSURD

GRANT Krieger's odyssey through Canada's judicial system underscores
the lack of logic in meting out criminal sanction for the use or sale
of marijuana. Mr. Krieger, legally permitted to smoke pot because he
has multiple sclerosis, has become a crusader for those who use
marijuana to ease symptoms of chronic disease.

Obtaining "medical" marijuana, as it is called, is not easy in Canada
and Mr. Krieger has been charged repeatedly for selling pot to sick people.

Legally, this makes him a criminal and that, like the law, is absurd.

Since 1999, Mr. Krieger has battled trafficking charges but jurors
have been reluctant to convict him. He was acquitted by a jury in
2001, but a higher court threw out that decision and ordered a new trial.

In 2003, some jurors asked to be excused rather than return a guilty
verdict as they were so ordered by the judge.

They were refused.

The jury did what it was told to do and the Supreme Court now has
overturned the conviction, finding the judge undermined Mr. Krieger's
right to a fair trial.

This case serves only to further undermine the respect for and
justification of this country's laws against pot.

It is a problem that Grant Krieger and all Canadians are subject to
potential criminal sanction for the use of a drug widely considered
to be no more harmful than alcohol.

Canada began to grapple with that under former Liberal
administrations: The Chretien and Martin governments introduced bills
to decriminalize the possession of pot, making it much like a traffic
offence. It was a small step toward a more sensible policy -- making
pot a legal but regulated drug, as are alcohol and tobacco.

Those bills were never passed into law. Now the Harper government,
which has made tougher laws a cornerstone of its legislative agenda,
has signalled it has no intention of decriminalizing marijuana.

That is unfortunate. Cops and courts in Canada have shown, through
their charging and sentencing practices, that simple possession is
not a crime deserving of harsh sanction.

The Supreme Court, however, has said that ultimately it is up to
Parliament to make law consistent with what society widely regards as
harmless conduct.

Prime Minister Stephen Harper believes that using police and court
resources to pursue all and any who use or sell pot to be in Canada's interest.

The weight of evidence and public opinion say otherwise.

His government has had little luck convincing the opposition to
support its legislative agenda.

A bill to decriminalization possession of marijuana would be a useful
law that would garner good support in Parliament.
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