MARTIN REHASHES POT BILL

Would decriminalize possession of a small amount But PM suggests higher
fines than in earlier legislation

OTTAWA--The federal government will revive controversial legislation to
decriminalize possession of small amounts of marijuana, Prime Minister Paul
Martin says.

Martin said his government would re-introduce the legislation when the
House of Commons resumes in February. An earlier bill that would have
eliminated simple possession of marijuana as a criminal code offence died
when the fall session of Parliament ended last month.

The Prime Minister said he stands by the principle enshrined in the earlier
draft legislation that young people caught with a small amount of pot
should not wind up with a damaging life-long criminal record.

The earlier bill introduced by former prime minister Jean Chretien would
have decriminalized pot use by allowing a person to possess up to 15 grams
without facing a potential criminal conviction and a criminal record.
Instead, there would be ticketing by police with fines from $100 to $400.

But Martin said yesterday he wants higher fines for possession and tougher
penalties for distribution and cultivation of pot. "I think that one's got
to take a look at the fines," he said. "I think that you have to take a
look at the quantities, and I think that there has to be a larger effort
against the grow-ops (marijuana producers) and against those who distribute."

Martin, who has vowed to improve relations with Washington, dismissed U.S.
complaints that decriminalizing marijuana will create a haven for pot
growers north of the border.

"It's very important to make clear to the Americans that we are not talking
about legalization, and that there are going to be heavy fines and that we
are going to go after the grow-ops, we are going to go after those who
distribute," Martin said in a year-end interview with CTV.

"But, look, Canada will make its own decision based on its own values."

The Prime Minister's commitment comes a few days before the Supreme Court
of Canada is expected to re-ignite the national debate over policing pot use.

The court will rule on Tuesday on three cases that hinge on whether federal
legislation goes against the Charter of Rights by imposing criminal
penalties such as prison sentences for possession of small amounts of the drug.

Martin's remarks indicated that, even if the high court upholds the
constitutionality of the current marijuana law, his government will go
ahead with the proposed reforms.

Asked about his own experience with pot, Martin, 65, said yesterday, "I
never smoked anything." But "I will tell you that there was an earlier time
many years ago when (his wife) Sheila made brownies and I must say they did
have a strange taste."

But he stressed that there is a health risk from marijuana use.

Justice Minister Irwin Cotler later reiterated the government's decision to
go ahead with the pot legislation.

Speaking on CBC-TV, he added, "We'll also go ahead with enhanced penalties
with regard to the cultivators and producers and we'll also seek to enforce
the law with respect to trafficking."

The previous bill also envisioned tougher penalties for growers, with up to
a maximum 14 years' imprisonment for anyone convicted of producing more
than 50 plants.

But the Chretien legislation was harshly criticized as inadequate by
police, provincial justice ministers, the Canadian Alliance party, some
Liberal MPs and Mothers Against Drunk Driving (MADD), as well as the U.S.
government.

Before the bill died on the Commons order paper, the federal government had
been considering toughening the legislation by reducing the amount of
so-called "personal pot" allowed to 10 grams from 15 grams; adding a
minimum mandatory sentence for people convicted of running marijuana grow
operations and imposing criminal sanctions rather than fines on those
repeatedly caught with pot.

Martin yesterday invited a parliamentary committee to consider amendments
to the legislation, principally to increase fines and reduce the amounts
Canadians can possess for their own use.