NEW POT LAW COULD BOOST POLICING COSTS, SAYS RCMP

OTTAWA (CP) -- The federal plan to decriminalize possession of small
amounts of marijuana could increase policing costs, not reduce them as many
predict, according to internal RCMP notes.

The revelation is among several uncertainties and reservations regarding
the proposed pot bill spelled out in newly disclosed briefing materials
prepared by the national police force.

The Mounties take issue with the oft-repeated assertion that the existing
pot law is enforced unevenly across Canada, and express concern about some
elements of the new legislative package.

Several pages of RCMP notes, compiled from May through December of last
year, were obtained by The Canadian Press under the Access to Information Act.

The latest statistics show police laid a record number of drug-related
charges in 2002, with 75 per cent of the 93,000 incidents involving pot.

Under the bill currently before Parliament, possessing 15 grams or less of
marijuana -- about 15 to 20 joints -- would no longer be a criminal matter
but a ticketing offence punishable by a fine of $150 for an adult or $100
for a youth.

Some advocates argue the legislative proposals will free up valuable police
time for more serious matters, but the Mounties remain to be convinced.

"Police do not see these reforms as resulting in cost savings to them," say
the RCMP notes.

"Which way the volume of marijuana offences will go is difficult to say. It
may result in cost savings or it may result in cost increases."

The Mounties believe a key factor would be how many of the tickets issued
under the new proposals end up being challenged.

"If a large percentage of the tickets issued were contested in court and
police officers were called to testify, our costs might actually increase."

A number of activists pushing for legalization -- not just
decriminalization -- of marijuana have promised to protest the federal
changes by routinely challenging fines.

Eugene Oscapella of the Canadian Foundation for Drug Policy, which favours
legalization, said it is "quite likely" costs to police will rise under the
changes. "Some people in the reform movement are arguing that they should
just clog up the courts, and that's one tactic."

The federal government says that in large urban centres police are much
less likely to lay a charge for possession of small amounts of cannabis
than in other parts of the country.

Liberal MP Wayne Easter, a former solicitor general, echoed the argument
recently. "In some areas you get a slap on the wrist, in other areas you
get a criminal record."

The Mounties deny the suggestion, saying the force strives to enforce the
law "in a consistent manner, keeping in mind the policing priorities of the
regions it serves."

There is no evidence "this would be any different if the new reform is
adopted in Canada," the notes say.

In consultations with federal officials, the Mounties supported the idea of
ticketing provisions for marijuana possession, the notes add, but only if
police officers would be able to retain the current option of issuing a
summons to appear in criminal court for even very small quantities.

This would be reserved for cases in which "aggravating factors" made the
option of a criminal charge more appropriate. However, the government did
not follow the RCMP's advice.

Currently, growing marijuana is a single offence, punishable by up to seven
years in prison. The bill proposes four separate offences, with punishments
ranging from a fine of $5,000 for being caught with one to three plants to
14 years behind bars for cultivating 50 or more.

When advised in advance of the government's options, "the RCMP said it
preferred to not see potential penalties lowered for any cultivation offences."