BLOWING SMOKE

City's Top Cop And Local Marijuana Advocate Say Fed's New Bud Bill Is
Political And Weak

Nelson police and pot puffers alike suggest the federal government's move
to decriminalize marijuana possession is more smoke and mirrors than
anything else.

"It's pretty hard to get excited or happy about the legislation," says
local marijuana advocate Paul DeFelice, chuffing on a less-than-celebratory
bong of bud. The 45-year-old owner of the Holy Smoke Culture Shop says the
legislation will only make it easier for police to hassle casual smokers,
smalltime growers and dealers, while opening the door for organized crime
and doing little to unclog courts choked with minor possession charges.

The city's top cop has got nothing good to say about Ottawa's move either.
Nelson City Police Chief Dan Maluta says the new scheme - which would
enable police to write tickets for possession of 15 grams of weed or less -
has major logistic and bureaucratic hurdles to clear in B.C.. Maluta's also
burned that Ottawa politicians are pushing for legalization just as the
Federal Department of Justice is in the Supreme Court fighting to prove
that marijuana is a harmful substance.

"I find that an irreconcilable contradiction," says Maluta. "The right hand
doesn't know what the left hand is doing."

Both Maluta and DeFelice feel that more than anything, the fed's move is
simply an effort to appease the sternly anti-pot U.S. federal government.

"It's overshadowed by U.S. politics definitely, between the U.S. and
Canada," says Maluta.

"We're totally bending to the Americans' will," DeFelice adds.

"It seems like a backwards way to please the States. They want to make it
sound to the Canadian people like they're getting more lenient, but show
the Americans they're actually cracking down."

The Liberal government moved Tuesday to eliminate criminal penalties for
simple possession of marijuana.

Under legislation introduced by Justice Minister Martin Cauchon. possession
of up to 15 grams of pot - enough to roll about l5 or 20 joints - would be
a minor offence that carries no criminal record.

Violators would be ticketed and ordered to pay fines ranging from $I00 to
$250 for youths and from $I50 to $400 for adults. People caught with
between 15 and 30 grams could get the same treatment if they're lucky. But
they could also, at the discretion of police, be charged in criminal court
and face up to six months in jail.

DeFelice, who used to smoke as many as 20 joints a day but is now down to
"five or six," says the ticketing system isn't going to make toking any
easier for casual bud connoisseurs, who will likely do their best to make
things tough on police and the court system.

"It's saved us virtually nothing. You haven't created any efficiencies
whatsoever."

"I think we're going to see a lot more people getting ticketed than we saw
charged under the old law."

DeFelice predicts that people are going to smoke pot. get ticketed, then
challenge their tickets in court. "Especially when the fine is up around
$400, it"s worth your while to contest it."

"Already a bunch of us are talking about who can get the most tickets, the
first tickets and who gets to fight it first," he says.

Maluta says unless Ottawa is planning to undo current possession charge
investigation requirements, there'll be no costs savings to taxpayers.
Under present law, police need lab results for possession cases that
scientifically prove seized evidence is in fact marijuana. The analysis
certificate then has to be served to the accused suspect. The process is
expensive and time consuming.

"If they're envisioning still doing that, where are the savings?," Maluta asks.

"It's saved us virtually nothing. You haven't created any efficiencies
whatsoever."

The chief also notes that there are major difficulties in getting the
ticketing policy in place. The province has yet to sign on to the federal
legal act that would enable B.C. cops to start issuing tickets under the
new law.

"It's a big technicality," says Maluta.

While the bill would ease up on smalltime users, there would be no respite
for illicit growers and dealers. The maximum sentence for grow operations
would be 14 years in prison, up from the current seven, with the length of
term increasing in proportion to the amount grown.

The penalty for trafficking would remain unchanged - a maximum life
sentence, although in practice the toughest terms handed out in recent
years have been about 20 years for major dealers.

DeFelice says the tough line will chase away mom and pop growers and
dealers, and open the door for organized crime. "The hard-core, serious
criminals are going to charge more and protect (their business) with more
violence," he says adding that Ottawa should legalize cultivation. "So at
least people can grow their own, their own way and be in their house and
not bother anybody."

Maluta thinks it will be at least the end of the year before the ticketing
system is in place.