PUFFING THE MAGIC DRAGON

Liberals start the long process of decriminalization

This week the Canadian government began a process to pass new legislation
regarding marijuana use. This new legislation would decriminalize the drug
by relaxing punishments for possession of marijuana.

Possession of less then 15 grams of the substance would be followed only
with a fine of $150. A possession of greater amounts could still result in
a court appearance and jail time. However, proposed legislation would
strengthen punishments against marijuana suppliers, traffickers and growers.

The objective of the legislation is to fight drug use and addiction from a
new standpoint. The recreational user will no longer be the target of the
law; instead, more attention will be placed on fighting the suppliers of
the drug. Any use of marijuana would still be discouraged, and a costly
educational program would be set up to try and stop users before they
start. Current marijuana laws state that people caught in possession of
marijuana face imprisonment for up to five years.

Should the court decide not to indict, a criminal record can be avoided and
a sentence of six months in prison and/or a fine of up to $1,000 could be
levied; that is, if it is the party's first offence.

Multiple offenders could receive double that.

It is no surprise that proposed punishments for drug trafficking sentences
are more severe, with sentences reaching as far as life in prison.

Harsh penalties for marijuana users are intended to deter people from ever
becoming users and life in prison for traffickers aims to keep the
suppliers off the streets.

However, it has been nearly a century since marijuana was first made
illegal in Canada.

Critics of current laws are most strongly opposed to the harsh rulings
handed out to people found simply in possession of the drug, those with no
intent to sell but only hope to enjoy it themselves. They claim that there
is no need to punish users of marijuana so severely when their crime hurts
no one but themselves. Then there are those in favour of the current
strict, and perhaps stricter, penalties.

Police associations and anti-drug groups claim that marijuana leads to the
use of heavier drugs, with users continually needing drugs that are more
addictive and more dangerous.

However, groups lobbying for tougher punishments find their protests
falling mostly on deaf ears in Ottawa. Instead, current debate focuses on
how to reform and moderate the laws. It is an accepted truth by most of the
political elite that eradication of the drug is impossible; regulation as
opposed to elimination may be the only way to cope with the negative
societal effects.

There are two legal paths to drug reform that follow somewhat different
ideologies: decriminalization and legalization.

Those in favour of decriminalization are working towards finding
better-fitting punishments to crimes.

Ideally, punishment for marijuana-related offences would be similar to a
traffic ticket, or an open alcohol offence.

A ticket would be written and the contraband confiscated. For lawmakers, it
is difficult to determine what an acceptable amount of drug use is.
Potentially, new laws could resemble the underage drinking laws. Law
enforcers could step in when the occurrence is blatant, or potentially
dangerous, but punishments are light, suiting the crime. Supporters of
decriminalization still believe the presence of marijuana is a problem; the
major difference is the law understands and accepts marijuana, taking
criminal responsibility away from the common user.

Legalization takes the argument one step further, wanting to legalize
marijuana for common use with fewer restrictions. Their belief is that
supporters of legalization follow a different ideology than those
supporting decriminalization alone.

Their belief is people themselves have the right to choose what is safe and
unsafe.

Supporters of legalization would like to see marijuana regulated like
liquor or tobacco.

They feel it should be produced and sold legally, provided without
restrictions about age and potency and, of course, taxed.

Legalization is a long way away. Although constitutional principles may
support legalization, it is not uncommon for those principles to be
overlooked, even in Canada.

However, some changes are taking place.

In September 2002, the Canadian Senate issued a report about marijuana use.
Its recommendation was clear, stating "Scientific evidence overwhelmingly
indicates that cannabis is substantially less harmful than alcohol and
should be treated not as a criminal issue but as a social and public health
issue." The report continues to state that the same sort of regulations
that control tobacco should govern marijuana.

Following this, in December 2002, the House of Commons released a similar
report recommending decriminalization of small amounts of marijuana.

These two reports have led to the new legislation being proposed in the
House this week.

As you read this, new legislation is being sent through the House of
Commons to begin the decriminalization of marijuana.

In a typical Canadian fashion, changes will be slow. After all, it has
already taken 30 years of research and protest for marijuana to reach its
current point of acceptance.