CANADA'S MARIJUANA CONTROL IS GOING UP IN SMOKE

On Tuesday, the Supreme Court of Canada is expected to rule on a
long-awaited challenge to marijuana-possession laws. Recently,
marijuana-possession charges in cases involving 30 grams or less have been
thrown out of provincial courts in Ontario, Prince Edward Island and Nova
Scotia. Judges in other provinces are expected to follow suit because
Justice Minister Martin Cauchon has refused to clarify Canada's marijuana laws.

How did we get to this point?

Almost two years ago, an Ontario Court of Appeal ruled that Terry Parker,
an epileptic who uses marijuana to ease his symptoms, had the right to
possess less than 30 grams of pot. This ruling created a loophole,
effectively invalidating Canada's drug laws. The judge gave Ottawa 12
months to rewrite the law defining Canada's position. A year later, the
government brought forward the Medical Marijuana Access Regulations, but
not a new marijuana law. Ottawa said it would bring in new legislation in
April, 2003. That got moved to June. It's possible the legislation would
not pass until this fall.

Meanwhile, in criminal possession proceedings, the decriminalization bar is
being moved lower with each ruling. Rulings regarding the rights of medical
marijuana users have brought into question the constitutionality of our pot
laws. And so lawyers for other cannabis users have successfully used those
medical victories to argue against possession charges for their clients.
Judges are forced to make laws, as the issue of marijuana decriminalization
slips further from Parliament's grasp.

Canada's inability to control the marijuana issue alarms the Americans.
President George W. Bush has spoken of his concerns about "Canada being a
source of high-potency marijuana." Some estimates say Canada ships
$10-billion (U.S.) worth of the stuff south annually. Meanwhile, hundreds
of U.S. "reefer refugees" come north, attracted by our lax laws.

Marijuana decriminalization is a serious issue. The Liberals have dealt
with it poorly and show no signs of improvement.

We in the Canadian Alliance offer some recommendations.

First, summary convictions or fines should apply to possession of five
grams or less. Anyone caught with a couple of joints in their possession
should not be saddled with a criminal record.

But 30 grams is greater than most would accept for personal use. Under all
circumstances, growing and trafficking marijuana should remain criminal
offences.

Second, the provincial governments and the legal community must deal in a
consistent manner with criminal offences over the decriminalized amount. We
must not allow the courts to keep moving the bar for amounts that are just
a little over the limit, opening the door to de facto legalization.

Third, a progressive fine schedule must be put in place, with specific
monetary fines for each conviction, working up to a criminal charge at some
point. We must determine the consequences for non-payment of fines, with
fine revenues directed back into the communities from which they are collected.

Fourth, a national advertising program on the consequences of marijuana use
should be directed to our schools to warn youth of the dangers of drug use.

We must also develop drug driving laws and effective roadside assessment,
enforced by police. We must enter discussions with the United States to
address and remove cross-border concerns.

It's time for Parliament to bring our marijuana laws back into the House of
Commons, instead of having legislation created in the courtrooms of the
nation. The Justice Minister should act before May 6. He cannot continue to
cast a blind eye to a situation that has clearly gone beyond his control.

Randy White is Canadian Alliance critic for the Solicitor-General.