TAKING THE CRIME OUT OF POSSESSION

Esquimalt's pot-smokers should no longer have to worry about getting a
criminal record if they get busted with a small amount of marijuana.

That's because a new bill was recently introduced in the House of Commons
decriminalizing marijuana, at least when it comes to small amounts of pot.
And that's OK with Keith Martin, the Canadian Alliance MP for
Esquimalt-Juan de Fuca, who has been pushing Ottawa to decriminalize minor
possession of pot for some time now.

"I think it's a move in the right direction. Decriminalization will take
people out of the courts for possessing a small amount of marijuana, it'll
save the system a lot of money in that respect," says Martin. "It will also
prevent people from getting criminal records for a small infraction that
can mar them for life."

The new bill doesn't actually mean minor marijuana possession will be legal.

Ottawa's new Cannabis Reform Bill calls for anyone caught with less than 15
grams to receive a ticket and be fined in the same way they would upon
committing a traffic violation. Offenders under 18 years of age would be
fined $100 while adults would face a $150 fine for straight possession.
However, the fine could increase to as much as $400 if other aggravating
circumstances are evident, such as a someone being caught with pot while
driving a vehicle.

Martin says it's unfortunate the federal government won't be granting an
amnesty to those already criminally convicted of minor possession of pot.

Victoria police Inspector John Ducker, who heads the department's west zone
in Esquimalt, is supportive of the idea of minor possession of marijuana
being taken out of the courts.

"They're on the right track in terms of coming into line with what the
judicial view of marijuana is. These fines for minor possession are on the
right track," he says.

However, Ducker says he is concerned there might not be the necessary
mechanisms in place to ensure those found in possession of small amounts of
pot actually wind up paying their fines.

"It's all well and good to have a ticketing concept in the law. But what I
worry about is (will) there be the process in the system behind (the law)
in order to make sure these things are correctly followed up?" he asks. "I
mean, are we just going to be wasting our time writing tickets that are
never paid?"

Ducker says he is encouraged that the federal Department of Justice is
attempting to find a way to go after drivers who get caught behind the
wheel when they're stoned on marijuana.

While Ottawa is easing up on minor marijuana possession it is cracking down
on those caught growing pot. And that's just fine with Ducker.

"That is of particular concern to us here. We have had a number of grow-op
issues in Esquimalt in the past," he says.

However, Martin argues that the specifics in the new bill about growing pot
are flawed.

"The bad thing about this bill is that a person who possesses a single
marijuana plant can go to jail for 18 months," he says. "It's absurd, and
furthermore, it might cost us a lot more money in the future."

Martin points out the objective of decriminalizing marijuana possession to
save money in the court system and transfer that money to prevention and
treatment programs.

"If you're going to incarcerate people for possessing one to three pot
plants you're going to cost the system an awful lot of money," he says.

At the same time, Martin says he does support a crackdown on large-scale
marijuana growing operations controlled by organized crime. As it currently
stands, he says, too many organized crime figures are growing huge amounts
of pot and getting away with it. "We're penalizing the average citizen for
possessing a few pot plants while we're letting people associated with
organized criminal activity off the hook," says Martin.

A physician by trade, he says he favours a new approach to how all drugs
are dealt with by the government. Martin says it makes a lot more sense to
address abuse of hard drugs, such as heroin and cocaine, as a health issue
rather than a criminal matter. He points out some countries in Western
Europe have taken such an approach with great success.

Martin says he has a problem with statements made by U.S. drug czar John
Walters, who has warned about devastating consequences that will come with
Ottawa's decision to decriminalize small amounts of marijuana.

Not only do Walters' comments have no rational basis but they go against
the position, taken by many Americans, that pot should be decriminalized,
he says. Martin notes 12 states in the U.S. have decriminalized minor
possession of marijuana.

"We don't believe the U.S. administration is going to take action against
us. But if they choose to, they'll be going against their people," he says.