News (Media Awareness Project) - CN BC: Group Upset With Pot Ruling |
Title: | CN BC: Group Upset With Pot Ruling |
Published On: | 2003-12-31 |
Source: | Salmon Arm Observer (CN BC) |
Fetched On: | 2008-01-19 01:41:05 |
GROUP UPSET WITH POT RULING
The B.C. Civil Liberties Association is unhappy with a Supreme Court ruling
which continues to make possession of small quantities of marijuana illegal.
"This decision is disappointing particularly because the court accepted
that the criminal law power can be used to criminalize activity that causes
no harm to others," said Kirk Tousaw, BCCLA policy director.
The court decision has put the issue of marijuana legalization back in the
jurisdiction of Parliament, who could change the laws if they desire.
The courts were careful not to make judgments on the wisdom of prohibition.
They also expressed deep reservations about whether imprisonment for simple
possession would be justified. The decision stated, "We agree with the
appellants that imprisonment would ordinarily be an unfit sentence for a
conviction on simple possession of marijuana."
The BCCLA maintains prohibition is inappropriate.
"Public opinion overwhelmingly supports significant reforms and it is up to
our elected representatives to take this opportunity to enact rational and
sensible marijuana policy," adds Tousaw.
"The court has signaled that mandatory minimum sentences, such as those
currently being floated by ardent prohibitionists, would not survive
constitutional challenge. In that light, law enforcement needs to
understand that this decision does not clear the way for a crackdown on
marijuana users."
The B.C. Civil Liberties Association is unhappy with a Supreme Court ruling
which continues to make possession of small quantities of marijuana illegal.
"This decision is disappointing particularly because the court accepted
that the criminal law power can be used to criminalize activity that causes
no harm to others," said Kirk Tousaw, BCCLA policy director.
The court decision has put the issue of marijuana legalization back in the
jurisdiction of Parliament, who could change the laws if they desire.
The courts were careful not to make judgments on the wisdom of prohibition.
They also expressed deep reservations about whether imprisonment for simple
possession would be justified. The decision stated, "We agree with the
appellants that imprisonment would ordinarily be an unfit sentence for a
conviction on simple possession of marijuana."
The BCCLA maintains prohibition is inappropriate.
"Public opinion overwhelmingly supports significant reforms and it is up to
our elected representatives to take this opportunity to enact rational and
sensible marijuana policy," adds Tousaw.
"The court has signaled that mandatory minimum sentences, such as those
currently being floated by ardent prohibitionists, would not survive
constitutional challenge. In that light, law enforcement needs to
understand that this decision does not clear the way for a crackdown on
marijuana users."
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