MPS GET SET FOR POT FIGHT

Decriminalization, Grow-Op Penalties Among Legislation's Contentious Issues

United in the belief that Canada must declare war on marijuana grow
ops, MPs are going to battle over how to combat the deadly menace. The
strategy to stamp out the commercial grow houses -- often
booby-trapped and linked to organized crime -- will take centre stage
next month as the Commons justice committee pores over the plan to
decriminalize pot.

Under the Liberal government's proposal, maximum prison sentences for
large-scale cultivators would double to 14 years from the current
seven. But Tory MP Mark Warawa called the boost a "naive" attempt at
tackling a problem escalating at an alarming rate.

"Canada is one of the most lenient nations when it comes to enforcing
our drug laws," he said.

"For producing marijuana, the fines are an average of $1,500 which is
considered just a small cost of doing business. For a small
investment, organized crime can make millions of dollars."

Because of Canada's "soft" approach, marijuana is flowing across the
border to the U.S. where it's traded for cash, cocaine and illegal
firearms, Warawa said. Boosting maximum sentences is meaningless
because courts aren't imposing anything close to the maximum. "Only a
fraction of those convicted actually do jail time, and even then it's
only minor jail time," he said.

In the House of Commons yesterday, Tory MP Belinda Stronach pointed to
a New York Times report on how Canada's burgeoning grow op and
trafficking industry is causing huge security concerns for the U.S.
She urged the government to withdraw its "misguided" pot bill to save
the economy from harm.

"The prime minister and this government are ignoring warnings from the
U.S. ambassador that there will be consequences resulting from
decriminalization causing costly cross-border delays," she said.

Liberal MP Paul DeVillers, who chairs the Commons justice committee,
expects grow-op penalties will be one of the most contentious parts
when MPs begin studying the bill next month. But he insists upping the
maximum sentence is the best way to deter grow ops while leaving room
for "judicial discretion."

"Police are expressing frustration that when they make arrests, the
penalties aren't severe enough for the risks they take to bring these
people to justice," he said. "By doubling the maximums, Parliament is
sending the message to courts that it wants severe penalties imposed."

Judges will be required to issue written reasons when a jail term is
not imposed under the new law. And Crown attorneys can always appeal
the sentence as a "safeguard against a loose-cannon judge making a
poor decision," DeVillers said.

But NDP MP Libby Davies said the bill is "riddled with contradictions"
because it decriminalizes marijuana yet leaves users with few
legitimate avenues to access the product. Relaxing cultivation rules
- -- and eventually legalizing pot -- would reduce the demand for big
commercial growers, she said.