TIME TO DEBATE NEW POT LAWS

A grown-up discussion of marijuana laws would be welcome during the
election campaign. The current approach isn't working, as two recent
news stories have demonstrated.

Last week, the Ontario Superior Court found Canada's laws against
possessing and growing marijuana are unconstitutional. Justice Donald
Taliano found the federal government allows medical marijuana use,
but has created regulations that make access difficult and sometimes
impossible, which violates patients' rights.

Until that is fixed, people have the right to grow and possess
marijuana, the court found. Taliano gave the government three months
to appeal or change the regulations; the government, predictably, has
chosen to appeal.

And also last week, B.C. Hydro said it is suing grow-op owners who
bypassed power meters to steal electricity.

It's pursuing 19 claims for $2.1 million, or an average of $110,000.

B.C. Hydro also repeated its estimate that grow-ops are stealing $100
million worth of electricity a year. (That estimate has climbed as
the Crown corporation attempts to justify its $1-billion smart-meter plan.)

Using B.C. Hydro's figures for average grow-op power use, that means
there are about 17,000 grow-ops stealing electricity in B.C. Other
operators take the chance of paying for power or using generators.
And there are roughly 4,000 outdoor grow-ops, according to research.

That means there are more than 22,000 marijuana grow-ops in the
province. At least 40,000 people are likely employed, at least
part-time, just tending the plants. The legal agriculture sector
employs 32,000.

That suggest several realities. First, there is an enormous market
for marijuana, inside and outside the province, which indicates many
people don't believe it should be illegal and ignore the law.

Second, we are asking police and the courts to take on a hopeless
task. There would never be enough resources to find 22,000 grow-ops.

And third, we are following a drug policy that does not work. It
hasn't reduced marijuana use. It has cost billions in enforcement,
court and prison costs. And it has created a lucrative revenue stream
that has funded the growth of criminal gangs across Canada.

It has now been 39 years since the LeDain Commission of Inquiry into
the Non-Medical Use of Drugs reported.

After three years of hearings and research, it recommended the
federal government decriminalize marijuana and that provinces
introduce controls on use, possession and production. In short, treat
marijuana like alcohol. The commission also recommended the federal
government continue research on the impact of the changes on use and
possible problems.

It's widely accepted -including by courts, health experts and the
public -that marijuana is less harmful than tobacco, alcohol and hard
drugs. It poses less risk of addiction, damaged health or social
problems, and use does not lead to crime or violence or other drugs.

That is not to say that it is entirely benign. Any intoxicant has
negative effects for some people.

But there is no fact-based case for treating it differently than
alcohol or wasting so much money on ineffectual enforcement of laws
that lack public support.

There has been little discussion of the issue. The Conservatives
oppose decriminalization because it "sends out the wrong message,"
according to Rob Nicholson, who was justice minister. It's unclear
what that message is. The party also favours tougher punishment,
including mandatory jail time for anyone growing six or more pot plants.

The Liberals oppose the mandatory jail time, but don't support
broader decriminalization. The New Democrats propose decriminalizing
possession, but would apparently continue current policies on
grow-ops and sales.

Only the Greens have proposed legalizing, regulating and taxing marijuana.

We are spending billions on policies that have failed for decades. It
is past time to consider and discuss new approaches.