LIGHTING UP THE CANNABIS DEBATE

In Britain last week a court cleared a man on cannabis charges because he
was using the drug to relieve a back problem. In Scotland, prominent
judges, politicians and even a police chief are urging decriminalisation.
What's the story here?

Time appears to be on the side of whose indulgence is pot, rather than
port, after dinner.

The prospect of puffing a marijuana joint in the local pub without
attracting the attention of the Gardai is now no longer a pipe dream of a
few hippie activists on the green fringes of society.

Legalised dope, a concept that would have been considered taboo in polite
circles five years ago, is now being taken seriously as a matter for debate
within the heart of the establishment.

Already in many parts of Europe including Holland, Spain and Italy cannabis
users can smoke their joints with impunity, while in Germany, the
authorities are lenient. Unlike President Clinton, who famously admitted
smoking marijuana without inhaling, our pot-smoking EU neighbours are
getting high.

Leading academics such as UCD Economics Professor Brendan Walsh,
constitutional lawyers, and even mainstream political parties such as Fine
Gael are thinking the unthinkable and considering the effects of lifting
the ban.

It is now the official policy of Young Fine Gael to make marijuana freely
available in the same way as drink and cigarettes (a policy that the
grown-up wing of our largest opposition party has so far resisted).

The chances of John Bruton running on a pro-marijuana ticket at the next
general election are about as likely as Michael Noonan puffing a joint in
Leinster House. But where the Turks of Young Fine Gael have led in the past
on issues such as divorce, contraception and abortion information Fine Gael
Governments have often followed years afterwards. Could it be the same with
dope?

One only has to look at Scotland and other countries in the EU to see how
the idea of legalised cannabis can take root and flourish.

Just two months into the Scottish Parliament, cannabis is firmly on the
political agenda. The latest in a long line of public figures to declare
himself in favour of pot legalisation is the senior Scottish judge Lord
McCluskey. Other public marijuana supporters include senior policemen and
members of the Scottish branch of the British Medical Association. Liberal
politicians, Sir David Steel, speaker of the parliament, and Jim Wallace,
deputy first minister have also helped to light up the debate with
pro-cannabis views. The British Medical Association is due to start
clinical trials on marijuana for medical purposes in October, while
cannabis used for medicinal purposes is already legal in California.

On this side of the Irish Sea, some of the voices in favour of marijuana
decriminalisation come from unexpected quarters. In the past Economics
Professor Brendan Walsh has been an adviser to Governments on monetary
policy and has also worked for the World Health Organisation. He believes
that the criminalisation of cannabis serves no useful purpose.

“There is no evidence that prohibition has worked. At present the Gardai
devote considerable resources to prosecuting cannabis offenders. They would
be better off using the resources elsewhere.

“If you legalised cannabis, it would cut out criminal involvement. At
present, the abnormal profits from cannabis are going to criminals when
they should be going to the state.

“The criminals are quite happy with the cat and mouse game as it is,
because they are making the profits.

“I am not saying that cannabis is a good thing, but people should have the
right to choose. Cannabis is not all that harmful. Should we also be
banning sugar and alcohol?”

The recent decision by Young Fine Gael to adopt a policy of legalisation is
surely a sign that pot politics is beginning to enter the mainstream. Mike
Fitzpatrick, secretary of the Dublin-East branch of Young Fine Gael,
finally succeeded in pushing through a motion supporting cannabis after
raising the issue at four conferences.

To judge by recent surveys and polls, the Young Fine Gael stance did not
bear the hallmarks of a student prank; it merely reflects an attitude that
is common among young Irish people of all classes. A recent survey of 12 to
25-year-olds by UCD showed that half of all Irish youngsters believe that
cannabis should be legalised. Another survey by Himself magazine showed
that 40% of Irish men aged between 20 and 34 have tried cannabis. In
certain Dublin social circles, their parents and even their grandparents,
are not beyond taking a puff out of the odd stray spliff.

Mike Fitzpatrick believes that some of the younger Fine Gael TDs would
probably support legalisation privately, but so far have toed the party
line in public.

“There is still a reluctance to bring it into the political arena. There is
an attitude that equates cannabis with heroin. I do not think cannabis will
be decriminalised in the near future, but it will happen eventually.
Increasingly, I think, the authorities will turn a blind eye to it.”

Tim Murphy, lecturer in constitutional law at University College Cork, is
one of a number of legal academics who favour decriminalisation on
practical grounds. He believes that by legalising cannabis, the government
can make sure that it is of good quality and encourage responsible cannabis
use.

“The demonisation of the drug is ridiculous. Cannabis is not a harmful drug
per se. It is only harmful if it is abused. There is no evidence to support
the claim that it leads on to heroin. The principal causes of heroine abuse
are economic deprivation.”

Ivana Bacik, Reid Professor of Criminal Law at Trinity College, is another
prominent academic who has spoken out in favour of decriminalisation.

While it is most unlikely that any Government would legalise cannabis use
in the short term. Prof Brendan Walsh predicts that is more likely that the
law will simply fall into disuse. When Governments do not wish to cause
controversy by changing laws, they simply allow them to wither on the vine.
The Gardai will stop prosecuting dope smokers in the same way that they do
not prosecute learner drivers who travel illegally on motor ways.

“It will become like the licensing laws, that are supposed to prohibit
after hours drinking. The ban on cannabis will simply go, because the law
is not enforced. The Gardai will turn a blind eye to it.”

Already, Gardai do not always enforce the law rigorously when they find
individuals in possession of small amounts of cannabis for personal use.
Cannabis users may be cautioned; or if it comes to court, they may be given
probation or a small fine.

While smokers may be treated lightly, the force devotes considerable
resources to catching smugglers and dealers. Two thirds of all Irish drug
seizures relate to cannabis over a tonne of marijuana is seized by the
Gardai every year.

Cannabis has inevitably been the subject of controversy in Europe, because
of the varying regimes in EU member states. Although the sale of soft drugs
is not actually legal in Holland, police in the country turn a blind eye to
people smoking cannabis or taking other “soft” drugs such as ecstasy. Even
trafficking in soft drugs is not a matter which would bother the police.

During her term of office as EU commissioner for consumer affairs, the
Italian Emma Bonino caused uproar when she said the sale of soft drugs
should be legalised across the European Union. She claimed that reforms
would cut drug-related crime and even advocated the use of heroin under
medical supervision. Moves to legalise cannabis have attracted considerable
support in the European Parliament.

Any attempts to legalise or decriminalise drugs in Ireland or at EU level
is likely to meet with stiff opposition from the Dublin-based campaign
group, EURAD (Europe Against Drugs).

The diligent chairperson of EURAD, Grainne Kenny, puts the wind up the
pro-cannabis lobby and watches developments in Europe like a hawk.

“All the medical evidence shows that cannabis is harmful. I have files of
medical evidence in my office. Cannabis is 10 times stronger than cigarettes.”

While police forces in Europe may be turning a blind eye to pot-smoking,
Grainne Kenny believes the tide is turning against the drug is some places.
She cites the example of Alaska, where pot was legal until 1992. “They had
to change the law, because there were terrible problems among young people.”