TO TOKE OR NOT TO TOKE?

For a while it looked like we were poised to become Amsterdam West: cafes
with patrons openly enjoying joints alongside lattes, activists toking up
outside police stations with impunity, and government plans to make
marijuana available to the chronically ill.

But while that pipedream has apparently gone up in smoke, the ongoing
debate over the sweet leaf's place in Canadian society -- whether for
medicine or for pleasure -- promises to grow more heated in the coming year.

With the federal government courting decriminalization -- still a thorny
issue among the ruling Liberals themselves -- Canadians have found reason
to voice their opinions on the contentious topic.

An Ipsos-Reid poll of 1,001 Canadians conducted in May suggested that 55
per cent of respondents did not believe smoking marijuana should be a
criminal offence.

Those advocating decriminalization say it doesn't make sense to saddle
people with criminal records for being busted for simple possession, such
as smoking a joint.

They also say it will reduce traffic in an already congested court system.

Those against decriminalization say marijuana is a so-called "gateway" drug
that will cause users to progress to harder drugs such as cocaine and
heroin. They also say it will harm relations with the United States, which
remains in War on Drugs mode.

But things have been complicated by the federal government's cautious steps
toward providing cannabis to the ill. Proponents say marijuana stimulates
the appetite, relieves pain and reduces stress -- although the medical
community remains divided over such claims.

The decriminalization movement burst into the forefront this year when an
Ontario Superior Court judge ruled in May that possessing less than 30
grams of marijuana was no longer against the law in the province.

A lawyer had successfully argued that since there was no effective program
for sick people to possess medical marijuana without breaking the law, then
the law didn't prohibit possession.

Police organizations in Ontario subsequently said they wouldn't lay charges
for simple possession until the laws were clarified.

The court decision prompted similar rulings around the country and opened
the floodgates for recreational users to enjoy a jubilant summer of toking
freely -- even in certain public cafes.

B.C. cannabis guru Marc Emery, who publishes Cannabis Culture magazine and
sells marijuana seeds online, went on a coast-to-coast Tour de Pot this
summer, holding rallies and lighting up outside police stations in
Vancouver, Edmonton, Calgary, Regina, Winnipeg, Toronto, Moncton, N.B.,
Halifax, Charlottetown and St. John's, Nfld., practically daring the cops
to arrest him -- which they sometimes did.

The Canadawide case of reefer madness was apparently contagious.

Former prime minister Jean Chretien, who tried unsuccessfully to fast-track
a decriminalization bill before leaving office earlier this month, seemed
to amuse the country when he suggested in an October interview that he
might puff on pot one day.

"Perhaps I will try it when it will no longer be criminal," Chretien mused.

"I will have my money for my fine and a joint in the other hand."

Chretien had argued for fines instead of jail sentences for simple
possession, while adding that growers and traffickers would still face
stiff penalties. Although the bill was expected to pass this fall, Chretien
officially ended his last legislative session in mid-November, leaving it
in limbo.

Whether Prime Minister Paul Martin will resurrect the bill is unclear,
although if it happens, many expect there to be amendments to make the
legislation tougher.

Martin has previously said he favours decriminalization in principle (and
in "very, very, very small amounts"), but also indicated he is sensitive to
opposing views from some Liberal backbenchers.

"He'd indicated always that he believes that the legislation in principle
should be pursued, and I think you can assume that he'll act accordingly,"
said Martin spokesman Scott Reid.

Alan Young, a Toronto lawyer, law professor and self-styled cannabis
crusader, said he expects the bill to die.

"If history repeats itself, one could safely conclude that this will not be
resurrected," he said, referring to a similar bill in the late 1970s that
went nowhere.

Young pointed instead to a case currently before the Supreme Court of
Canada that may be more significant.

It questions the government's authority to criminalize a relatively
harmless substance -- in this case, marijuana. An Ontario judge had
previously ruled in 1997 that cannabis is relatively harmless -- a finding
that was considered a factual conclusion.

While Young stopped short of saying the case would set a precedent, he did
emphasize its importance. He expects the court to make its ruling by
mid-February.

"It has significance because this court for the first time is going to
decide whether Parliament has a threshold they must meet before they can
enact criminal law," he said.

"In theory, without this case, Parliament tomorrow can criminalize the
cultivation of roses."

With the issue of medical use inextricably entwined with that of
recreational use, an Ontario court made simple possession illegal again in
October while firming up the rules on how medical users could obtain their
cannabis supply.

"In terms of decriminalization, it was a huge setback," Young said.

"In terms of slow movement toward improving the medical program, it was a
step forward. But we lost a lot of momentum at the end of this year on
decriminalization by having the October court case not consider
invalidation of the criminal prohibition as a response."

Despite Ottawa's good intentions, efforts to supply medical users have
proved inept, as the government-sanctioned marijuana first made available
in August has been widely criticized for its inferior quality.

Some users demanded refunds, calling the weed "disgusting" and "unsuitable
for human consumption."

Others said it was too weak to be effective. One man even said it made him
vomit.

One frustrated user found the quality so poor that he rejected the
government shipments and applied for a growing licence instead.

Philippe Lucas, director of Canadians for Safe Access, a Victoria-based
patients' rights group pressing for a safe, effective supply of marijuana,
said independent lab analyses of the government cannabis showed high
concentrations of toxic lead and arsenic.

"I've tried the government cannabis, and I can attest to its incredibly
poor quality," said Lucas, who is allowed to use marijuana to deal with the
side-effects of hepatitis C.

"Not only is it of poor quality, but it's a potentially dangerous product.
When you're talking about giving something to people with critical or
chronic illnesses, I find that to be really inexcusable."

Health Canada maintains it tested the cannabis extensively before allowing
it to be distributed to medical users -- but it was never tested on people.

Spokeswoman Catherine Saunders said Health Canada isn't planning to make
changes to the product despite the complaints of some users.

However, she pointed out that clinical trials are underway at Montreal's
McGill University to determine the medical benefits of marijuana, and the
results may influence future policy.

As the medical community continues to debate the pros and cons of cannabis,
statistics suggest that recreational pot-smoking is on the rise in Canada
- -- especially among younger people.

In a 2001 study by the Centre for Addiction and Mental Health in Toronto,
11.2 per cent of Canadian adults surveyed said they used marijuana in the
previous 12 months, compared with 8.6 per cent in 1998.

Canadians aged 18 to 29 were at the head of the pack, with 26.8 per cent
smoking pot compared with 18.3 per cent in 1996.

While the trend seems to indicate a growing acceptance of marijuana, Young
believes 2004 will be better for medical users than recreational users.

"I see next year as the year that we truly advance our understanding of
marijuana as medicine," he said.

"In terms of recreational use, I have no confidence the government will
return to their proposal. I'm not very confident the Supreme Court of
Canada will do their dirty work for the government, and I do see a bit of a
backlash in the initial months as public officials reassert their authority
in this area."

That means no more smoking up outside police stations.

"One will have to be a bit more discreet and careful in terms of the use of
marijuana as a recreational substance," Young advised.