MARTIN CAN FIX OUTDATED POT LAWS

It's ridiculous, Prime Minister Paul Martin said this month, for young
Canadians to get criminal records for possessing small amounts of marijuana.

Now Martin will be challenged to translate that belief into action,
following a decision by the Supreme Court of Canada last week.

The high court, in a 6-3 decision, rejected the arguments of three
appellants who argued that existing laws are illegal and that they had a
constitutional right to smoke dope.

The court majority said there are demonstrable health and social risks
associated with smoking marijuana and the government has a legal right to
proscribe its use. If there are legitimate reasons for changing existing
marijuana laws, it's up to Parliament, not the courts, to change them, the
judges ruled.

Well said. Canada's marijuana laws are a mess.

They criminalize behaviour that should be treated as a misdemeanour.

They are unevenly applied, with the result that some people in tough-minded
jurisdictions end up with criminal records for sharing a joint, while
others in larger centres get off with conditional discharges and no time
served.

An estimated 600,000 Canadians have criminal records for smoking dope.

The cost of pursuing and prosecuting these infractions clogs the courts and
runs into the millions of dollars a year.

For young people especially, the consequences of getting caught with a
small amount of marijuana are excessive.

A criminal record can prevent them from entering the United States or other
nations.

In today's integrated global economy, that can have debilitating life-long
career consequences.

For other people who are deathly ill with a variety of diseases, marijuana
offers relief that modern medications cannot match. Martin has a chance to
set the laws right.

He also has a template, left behind by his predecessor Jean Chretien.

Before retiring, Chretien introduced a bill in Parliament to remove
criminal sanctions for possessing small amounts of marijuana.

That bill died when Parliament was prorogued.

It's not perfect but provides a solid starting point for Martin to improve.

People caught with small amounts of marijuana would be fined.

The government would not be saying it's legal or OK to smoke marijuana; it
would bring penalties for possession in line with the seriousness of the
offence.

Running a yellow light or driving 40 km/h in a playground zone are not legal.

They are foolish and illegal acts.

But you don't go to jail or get a criminal record for those offences.

You get a fine.

A similar standard should apply to simple possession of small amounts of
marijuana.

Driving a vehicle while under the influence of marijuana is an entirely
different matter.

That's extremely dangerous and must continue to be treated with the same
seriousness and Criminal Code sanctions as driving while under the
influence of alcohol.

So, too, is growing and selling commercial quantities of marijuana.

At the highest levels, control of the dope trade is in the hands of
high-powered criminal organizations, including biker gangs.

Tracking down and taking out commercial grow operations is expensive and
dangerous for Canadian police.

But this is where current government thinking about marijuana breaks down.

Decriminalizing simple possession of marijuana will increase usage.

But if the government refuses to legalize its sale as it does for things
like cigarettes and liquor in the absence of other initiatives, it will
simply enrich the criminal gangs while obliging police forces to ramp up
their expenses and efforts to catch them.

The solution is simple: allow sick people with certified medical conditions
to grow one or two marijuana plants at home for their own use.

For others, treat possession of a single plant as a misdemeanour.

If Martin does that, he takes control of the supply out of the hands of the
thugs.

- - From the Red Deer Advocate