POT LAWS EASIER HERE?

Canada Is Lessening Its Penalties For Marijuana Possession. But In An Odd
Twist, New York's Laws On The Drug Are Even Weaker.

Canada's current penalties for marijuana possession are about to go up in
smoke. That's causing concern among law enforcement officials - from Erie
County Sheriff Patrick M. Gallivan to federal drug czar John P. Walters -
who don't like the implications of pot being decriminalized north of the
border.

But here's something not widely known: New York State's laws on marijuana
are, in some ways, weaker than the ones Canada is poised to adopt.

In fact, New York decriminalized marijuana a quarter-century ago, one of 12
states to do so.

So what exactly is the difference between what Canada is proposing to do
and what New York already does?

It comes down to quantities and the number of infractions.

Canada, if the country's law is changed as expected, would not legalize
marijuana. Instead, it would treat possession of up to 15 grams, or about a
half-ounce, with fines equivalent in U.S. dollars of up to $290 for adults
and $180 for minors. Stiffer penalties would be imposed for drivers who are
high.

New York's law long ago raised the bar for prosecution to 25 grams.

Possession in the state is supposed to net offenders a civil citation for
up to two offenses, with a $100 fine for the first conviction and $200 for
a second. It's the lowest form of violation that can be prosecuted in the
state.

The law gets tougher after two convictions or if the violator is convicted
of smoking in public. In each case, the penalty rises to the level of a
Class B misdemeanor, which can result in 15 days of jail time and a fine of
up to $250.

And even then, some well-placed legal and law authorities believe the law
is not always enforced.

"From a law enforcement perspective, I'm sure there are times when people
are not arrested for very small amounts (of marijuana)," said Buffalo
Police Commissioner Rocco J. Diina. "These are cases clogging the (court)
calendar on what are considered minor infractions and which are being
routinely dismissed by judges."

Buffalo defense attorney Paul Cambria agreed.

"Often police will just find marijuana and toss it away," he said. "It's
not worth the paperwork to go forward."

Will the decriminalization of marijuana in nearby Ontario tempt Western New
York youths?

Sheriff Gallivan says yes - potentially posing a dilemma, for example, for
families vacationing in or enjoying a summertime residence in Canada.

"Should this change in Canadian policy take effect, we will see a sharp
increase in the availability of marijuana within a 10-minute drive from
downtown Buffalo," he said.

Gallivan said some teens are already enticed to go across the border to
take advantage of the lower drinking age of 19. Decriminalizing marijuana
will increase availability, he said, and raise the likelihood more youths
will smoke pot there.

The sheriff also said marijuana is already a major export from Canada.

"We get more marijuana in the Buffalo area from Canada than anywhere else,"
Gallivan said.

Pushing For Lax Laws

Marijuana laws in the state stand in sharp contrast to the stringent
Rockefeller Drug Laws, the 1973 granddaddy of mandatory-minimum sentencing
for cases involving cocaine and heroin.

Proponents of marijuana decriminalization - many of whom favor outright
legalization - say marijuana is a relatively harmless recreational drug
enjoyed by tens of millions.

Putting people in jail for marijuana is a waste of lives and public funds,
they say.

"Every time the Allman Brothers come into town, people are caught smoking
and are charged with a misdemeanor," said Ruth Liebesman, an attorney at
the National Organization for the Reform of Marijuana Laws. She was
referring to one of many rock bands that are a magnet for pot smokers.

People like Liebesman take satisfaction from an October 2002 Time/CNN Poll
that found 72 percent of people favored a fine without jail time for
possession of small amounts of marijuana, and 80 percent supported
legalizing marijuana for medical purposes. Nearly half of those polled - 47
percent - said they had tried marijuana.

The poll added fuel to the arguments of the reform group, a 33-year-old
organization that seeks to legalize marijuana use for adults.

"When one out of two Americans have flouted the law, there's something
wrong with the law," said Keith Stroup, founder and executive director of
the Washington, D.C.-based organization. "We distinguish all the time
between the use and abuse of alcohol. That's what we should do with pot."

Bruce Mirken, spokesman for the Marijuana Policy Project in Washington,
D.C., another group that has pushed for marijuana decriminalization, scoffs
at the notion that Canada's relaxed laws will hurt the United States.

"New York has a marijuana use rate which is about half of that in
Massachusetts, which does jail people (for small amounts of possession),"
he said. "Is New York flooded with Massachusetts teenagers wanting to get
high?"

A "Gateway Drug'

But opponents of marijuana decriminalization say that tough penalties are
needed because pot has been shown to be a "gateway drug" to other illicit
and potentially dangerous substances, from LSD to Ecstasy.

They fear that decriminalization in Canada will signal greater public
acceptance of the drug. That could lead to greater availability and more
trafficking, they claim.

Recent scientific studies point to health risks posed by marijuana.

The National Institute on Drug Abuse, part of the National Institutes of
Health, has found persistent use can impair memory.

Long-term use increases the risk of cancer of the head, neck and lungs and
can lead to a chronic cough, bronchitis or emphysema. For some people, the
institute said, the drug can become an addiction.

Area Of Ignorance

Americans continue to underestimate the dangers of marijuana, said Walters,
director of the White House Office of National Drug Control Policy.

"The reality of marijuana in the United States is that it is the single
biggest area of ignorance," said Walters, who during the Reagan
administration was chief of staff to the nation's first drug czar, William
Bennett. "Most people think of cocaine, heroin, methamphetamine - those are
hard drugs, those are the great drugs of addiction.

"But you cannot speak seriously about the need for treatment and dependency
and abuse in the United States without talking about marijuana," Walters
said. "Of the illegal drugs, it's the single biggest cause of treatment
need of any illegal drug and twice that of the second most significant
cause, cocaine."

While penalties for marijuana are lower, arrests are at an all-time high.

In 2001, the last year for which numbers are available, 723,627 people were
arrested for marijuana violations across the country, according to the FBI.

That's the second-highest ever recorded and more than double the number of
arrests in 1992.

Marijuana arrests were nearly half of all drug arrests in the United
States, the FBI said.

Charges for first-time users, however, are frequently thrown out in New
York under what's known as an adjournment in contemplation of dismissal.
And few people are convicted of smoking pot more than twice, when the
penalty changes to a misdemeanor.

Major Reforms

The 25-gram level set for prosecution in New York State has a historical basis.

That amount refers to what constituted a "lid," the amount that marijuana
was typically sold in during the 1960s and early 1970s. The lid eventually
gave way to the ounce, technically 28.35 grams. That amount provides 30 to
40 modest-size joints, which can last an average smoker two to three months.

Nowadays, with top-grade pot going for $400 and up, marijuana is also
commonly sold in eighths of an ounce.

Marijuana reforms in the state and nationally have been dramatic since the
heyday of the '60s counterculture, when smoking "grass" first attained
widespread popularity.

"When we founded NORML 32 years ago, possession of even a small amount was
a felony in almost every state, and it was very common for people to get
five- and 10-year sentences for possession of even an ounce of marijuana,"
said Stroup, the executive director of the marijuana law reform group.

Some people have gotten steep prison sentences for far less.

John Sinclair received a 10-year prison sentence in Michigan in July 1969
for possession of two joints. His situation was popularized by the John
Lennon song "John Sinclair," and he ended up being released from jail - but
not before serving 2 1/2 years.

Medical Issue

Another burning issue concerning marijuana is Canada's decision in July to
begin allowing doctors to prescribe marijuana for medical purposes.

In contrast, the Bush administration that same month asked the U.S. Supreme
Court for permission to prosecute doctors who recommend marijuana to their
patients.

Doctors are allowed to do so in Alaska, Arizona, California, Colorado,
Hawaii, Maine, Nevada, Oregon and Washington, in accordance with the laws
of those states.