'FLAWED' POT BILL SENDS WRONG MESSAGE TO YOUTH

In 2001, I introduced a motion in the House of Commons to establish an
all-party committee to study the non-medical use of drugs in this
country. Now two years, $500,000, and over 40 recommendations later,
the only issue this government seems willing to address is the
decriminalization of marijuana.

And even then, how they have addressed this issue is poor at
best.

Prior to the summer recess, the Justice Minister introduced Bill C-38
which, with the upcoming change in Liberal leadership, will most
likely never be made law. However, when you consider the numerous
problems in this bill, that may be a blessing.

To begin with, the Bill establishes a new system of fines for
possession of marijuana:

* Possession of 15 grams or less of marijuana would be punishable by a
fine of $150 for an adult, $100 for a youth.

* Possession of one gram or less of cannabis resin would be punishable
by a fine of $300 for an adult and $200 for a youth.

* For possession of between 15 and 30 grams of marijuana, a police
officer would decide whether to issue a ticket or a summons for a
summary conviction. The ticket fine would be $300 for an adult and
$200 for a youth.

This Bill also amends the law with respect to production of marijuana.
Currently, production of marijuana is an offence punishable by up to
seven years of imprisonment. The proposed legislation provides that:

* An individual found growing one to three plants would face a summary
conviction offence with a fine of up to $5,000 and/or 12 months in
jail.

* Four to 25 plants would constitute an offence punishable by up to
$25,000 and/or 18 months in jail on summary conviction or, if pursued
by indictment, five years less a day imprisonment.

* Growing 26 to 50 plants would result in a sentence of up to 10 years
and the maximum penalty for growing more than 50 plants would be 14
years.

This legislation is seriously flawed and sends the wrong message to
Canada's youth. Penalties for production of marijuana have actually
decreased (where 25 plants or less are found) when they should have
increased.

I believe having a lighter fine for young people possessing marijuana
(50 per cent lighter than the adult fine for a similar crime) sends
the wrong message. On one hand the Liberals are saying they are trying
to prevent youth from using drugs, and on the other they are
effectively eliminating any real penalty for them to do so.

This legislation may increase demand for marijuana and therefore make
the illegal production and distribution of marijuana even more
lucrative for organised crime.

No additional resources, via this Bill, will be provided for police to
crack down on organised crime that is profiting from lax enforcement.
In addition, the Liberals have "liberalized" Canada's drug laws
without providing law enforcement with the tools they need to
determine whether someone is "drug driving."

This is irresponsible. The fines set out in the bill are much too low
and do not increase for subsequent offences. This is a major problem
in the legislation. Repeat offenders must face tougher consequences.
By effectively decriminalizing possession of 30 grams of marijuana,
the Liberals have made it easier for traffickers to operate. Thirty
grams of marijuana can provide as many as 60 joints, clearly enough
for an individual to be trafficking in drugs.

The Liberals still do not have an effective National Drug Strategy to
fight the use of drugs. In fact, many of the recommendations that were
put forward by the drug committee - coming straight from doctors,
police and, in some cases, users on the streets - have been all but
ignored.

The Canadian Alliance is opposed to the open-ended decriminalization
of marijuana as provided for in Bill C-38. We believe that:

* The use and possession of marijuana must remain illegal and that
possession of marijuana greater than five grams must be considered a
criminal offence.

* Fines for possession of marijuana should increase significantly for
subsequent offences.

* Appropriate roadside assessment practices must be developed for
detecting drug-driving offences.

* Police must be given the resources they need to combat the major
criminally-controlled grow operations which have become a
multi-billion dollar business for organized crime in Canada.

If these measures are met, only then would the Canadian Alliance be
willing to consider supporting Bill C-38.