COPS' EFFORTS UP IN SMOKE?

With increasingly liberal attitudes on marijuana use, some police
officers question if enforcing drug laws is worth the time and effort

There's a lot going through the mind of drug cop Det. Don Cardwell
when he kicks down the door of an otherwise normal suburban home
suspected of housing a marijuana grow operation.

"Everyone talks about this intensity. If you're not like that, then
there's a problem. If you're not on edge and expecting something on
the other side of that door, then you're not prepared for it," he said.

The York Regional Police drug squad kicked down 173 of those doors in
2003 and are on pace for more this year.

Officers are quick to point out it's not usually an aging hippy with a
joint on the other side; it's a gangster with a gun.

"You're dealing with organized crime and lot of the time they're not
protecting themselves against police, they're protecting themselves
against home invasion from rival gangs," Det. Cardwell said. "You're
always cognizant of the possibility of booby traps or whether anybody
is in the house. It's tense."

It's a tough job, but somebody has to do it. Don't they?

With marijuana use among Canadians at an all-time high, a growing
number of citizens would likely answer no to that question.

According to a survey by the Canadian Centre for Substance Abuse, 44.5
per cent of Canadians have used pot in their lifetime.

The percentage of Canadians who reported using marijuana in the past
year was 14 per cent, up from 7.4 per cent in 1994. Meanwhile, 70 per
cent of young people age 18 to 24 reported having used marijuana, the
highest percentage ever recorded.

With use up, so is the percentage of Canadians who support legalizing
marijuana.

A poll by the National Organization for the Reform of Marijuana Laws
shows 57 per cent agree possession of small amounts of pot should be
ignored by police.

With increasingly liberal public attitudes toward marijuana use and a
government inching toward decriminalizing possession, it's not hard to
find people who think the war on weed should end.

They say Det. Cardwell and other narcotics officers are wasting their
time. And it's not just groups such as NORML -- other cops are on board too.

John Gayder is secretary of Law Enforcement Against Prohibition
(LEAP), a group of current and former cops from across North America
who support marijuana legalization and regulation.

"I see (drug squad officers) work very hard at their job and undergo
great tribulation. But just as a person who sets out to bail the water
from Lake Ontario works hard, it is all for no gain," said the Niagara
Parks Police constable.

"Every big bust just creates a job opening for some up-and-comer."

Const. Gayder, who is quick to point out the opinions he expressed in
no way reflect the position of his employer.

"The government can't even keep track of how much it spends on
continuing drug prohibition, but it's a lot of money. Worldwide, it's
in the billions. To continue diverting even 10 bucks of taxpayers'
money toward something as philosophically and economically flawed as
prohibition is folly. Pure and simple," he said.

Const. Gayder supports spending taxes on regulation and education
rather than an expensive legal system.

Even some municipal politicians agree.

"With the limited dollars we have, you'd think we could do something
better," said Richmond Hill Councillor Elio Di Iorio. "If we didn't
have prohibition, there's a possibility we could actually lower the
frequency of use because we could regulate and control it, just like
we do with alcohol."

And if there's a better idea than scrapping the prohibition on
marijuana, Mr. Di Iorio said he's willing to listen.

"Right now all we have is a waste of taxpayers' dollars that's
actually helping create a niche market for organized crime with no
competition and no taxes. I have an acronym for you, MCBO. Tax it and
control it," he said.

Decriminalizing the possession of small amounts of pot, as the federal
government is considering, is not the same as legalizing, taxing and
controlling the drug.

Legalizing marijuana, including production, would put Det. Cardwell
out of business.

Det. Cardwell doesn't make the laws, he enforces them. But enforcing
laws more and more people don't believe in has its share of problems.

"Yes, my friends are questioning it. Yes, they say 'Everyday, you're
risking your life, you're putting your guys in jeopardy and the
government's not supporting it, why are you doing it?" he said. "Of
course, you have to tell them through 19 years I've been on the job,
the problems I've encountered with marijuana use and the production of
it, it is a problem. We're too quick to react and throw our hands up
and give up."

That divide between popular opinion and a drug cop's duties has its
effect on community and police relations, Mr. Gayder said.

"Consider the confusion with which people view citizens and family
members being busted for possession of narcotics, but then observe
alcohol being sold legally. Consider the hesitancy of otherwise
law-abiding citizens, who happen to be drug users, to interact with
the police in order to come forward with tips on crimes. Witness the
reaction of family members to the news that their son or daughter,
brother or sister has been arrested for possession under the guise of
helping them. Help them? Their life has been ruined by a criminal
record," he said.

With a murder at a Georgina grow house this year and home invasions
and other crimes associated with the business of growing marijuana,
Det. Cardwell said he and others in the unit feel they're doing the
right thing knowing they're going after the organized crime running
many grow houses.

Const. Gayder agreed organized crime is running the drug trade.
However, he said drugs are worth far less on the black market when
they're legal.

"That translates into less profits. It translates into filing tax
returns and submitting to quality controls," he said. "Since Western
society ended its experiment with the prohibition of alcohol in the
30s, there has not been a gang that could compete with corporate
giants like Molson's, Labatt's or Smirnov."

The problem, according to Det. Cardwell, is local marijuana growers
are not just supplying the local market.

"We're supplying a worldwide market, we're not supplying the beer
drinkers of Ontario. We're pushing it south of the border and if it's
not legalized in the States, organized crime will stay involved," he
said. "Even if they do legalize the production of it in Canada, that's
not going to make any difference crossing the border."

In the meantime, the police force is committed to having Det. Cardwell
and the drug squad kick down those doors at an ever increasing rate.

"If (local residents) have some pride in ownership in the community
they should be proud of what were doing," he said. "The problem is
(marijuana) becomes accepted in these communities. They've been
exposed to it for so long it has become accepted and that's where the
problem exists. The government is slow to change the legislation,
organized crime adapts too quickly, we lose control of the situation
and that's where we are here in Canada."

York Regional Police Det. Don Cardwell leads drug officers in a raid
on a Vaughan home in October. Some police officers are calling for
legal reform so they can focus on other crimes.