JAIL TERMS WON'T STOP GROW-OPS, SAYS B.C. CIVIL LIBERTIES ASSOCIATION

B.C. Solicitor-General Rich Coleman and Chilliwack city officials are
blowing smoke in a call for tougher penalties to stem the rising number of
marijuana grow-operations in this province, a spokesman for the B.C. Civil
Liberties Association suggested Friday.

"Putting the fear of jail into people" to combat the marijuana industry in
B.C. is "short-sighted to the point of being absurd," Kirk Tousaw, policy
director for the association, said in a telephone interview.

Even in countries where drug possession is punishable by death, "people are
still trafficking in drugs," he said.

Tougher marijuana laws in the U.S. has resulted in two million citizens
incarcerated in that country, he added, "yet we don't have any reports out
of the U.S. the drug war is being won. That's because prohibition doesn't
work as a social policy."

Prohibition of alcohol in the late 1920s led to the rise of gangster
cultures in the U.S. due to an insatiable public demand, he explained.

"Organized crime exists because there's money to be made (in marijuana
production)," he said. "You take away that profit motive ... you take away
organized crime. It stuns me that people don't see the parallels" with the
alcohol prohibition that fuelled the rise of gangsters like Al Capone.

The city plans to submit a victim's impact statement at local court cases
involving marijuana grow-operations in an effort to urge judges to toughen
up penalties.

Mr. Tousaw also disputed a number of other statements made by Mr. Coleman
at a Chilliwack Chamber of Commerce meeting Jan. 22 Mr. Coleman had
suggested there's no point in legalizing marijuana here to reduce its black
market value, since most is sold in the U.S. where it is unlikely to ever
be decriminalized.

"With all due respect, there's a tremendous (legalization) move on in the
U.S.," Mr. Tousaw said. "I think we'll see it legal in our lifetime.

"Even if not," he added, "does that mean Canada should blindly follow in
their failed approach?"

He also disputed Mr. Coleman's contention that unless Canada toughens up
its drug laws to staunch the flow of B.C. bud into the U.S., the Americans
will close the border.

"There's no way their economic Big Players are going to let the border be
tightened or closed ... just because Canadians want to smoke some
marijuana," Mr. Tousaw said, noting that U.S. businesses lost "tens of
millions of dollars" each day of a border closure following the Sept. 11
terrorist attack.

B.C. marijuana is also not a major factor in the U.S. drug trade, he added.

"Sixty to 80 per cent (of American pot) is grown in the U.S.," he said.
"We're a bit player in their marketplace."

Mr. Coleman's plan to introduce new legislation that would put the onus on
those convicted of marijuana production to prove their assets were obtained
legally or face seizure "sounds to me like government-legislated theft of
personal assets," Mr. Tousaw said. "I would be shocked if this form of
legislation could survive court scrutiny."

He also disputed Mr. Coleman's statement that marijuana is traded "pound
for pound" for cocaine in the U.S. and that marijuana grow-ops present a
fire hazard to local neighbourhoods.

"I don't know of any (grow-op related fires) in Vancouver," he said. "If
it's such a risk, then how come we're not hearing of any incidents."