'BORN IN HYSTERIA'

OTTAWA -- Born in hysteria and nurtured by foreign policies, Canada's pot
laws have survived decades of attempts to reform, toughen or quash them.

Parliament first banned the use of cannabis in 1923, after Judge Emily
Murphy announced people under its influence "become raving maniacs and are
liable to kill or indulge in any form of violence."

Eugene Oscapella, a lawyer with the Canadian Foundation for Drug Policy in
Ottawa, said Canada's cannabis laws were ill-conceived on "junk social
science." But successive moves to alter them were "near misses."

"This was a solution without a problem, based not on science, but on
hysteria and racism," he said. "There has never been a rational
justification of why we prohibited cannabis."

While weed made the criminal books early, Oscapella notes the first
conviction didn't come until 14 years later -- proof, in his view,
prohibition wasn't addressing any real problem. It wasn't until 1966 that
there were more than 100 convictions for possession a year.

As smoking pot became more mainstream with the hippie crowds of the 1960s,
the perceived threat diminished.

Politicians appeared poised to relax -- or even abolish -- existing laws.

In the early 1970s, the exhaustive work of the Le Dain Commission, which
was directed by then-prime minister Pierre Trudeau, recommended a new
public policy that addressed problems of enforcement, rationale and
discrepancies in how courts deal with possession charges.

Over the years, the push to legalize or decriminalize marijuana has largely
failed, except for medicinal purposes in 2001.

Marc-Boris St.-Maurice, leader of the Marijuana Party of Canada, blamed
political inertia.

After decades of "neglect," he insists it's time for government to
legalize, not just decriminalize, marijuana.

Cannabis Law Chronology

1908: The Opium and Narcotic Act prohibits the import, manufacture and sale
of opiates for non-medicinal purposes. This act serves as the basis for
subsequent Canadian laws dealing with the use of illicit drugs.

1923: Marijuana is made illegal under the Opium and Narcotic Drug Act.

1954: A federation of welfare agencies lobbies the federal government to
soften anti-drug laws in Canada.

1961: The Single Convention on Narcotic Drugs takes effect, increasing
minimum penalties for cultivation, importation and exportation.

Late 1960s: The use of marijuana becomes widespread, especially among youth
"hippie" culture. The Canadian government appears to be easing up on
prohibition.

Early 1970s: The Canadian and American Medical Associations agree marijuana
is not a narcotic. The Le Dain Commission is appointed to study marijuana.
It concludes prohibitionary laws have created a subculture with little
respect for the law, diverted law enforcement, clogged the judicial system
and provided a base of funds for organized crime. Recommendations range
from all-out legalization to imposing small fines.

Late 1970s: Consensus grows in Parliament for legalizing marijuana.
Politicians of the day, including Pierre Trudeau and Joe Clark, say they
support decriminalization.

1980: Ronald Reagan is elected U.S. president and launches war on drugs.

1992: Marijuana activist Umberto Iorfida is charged with promoting use of
illicit drugs. The case is thrown out of court two years later by a judge
who rules it an infringement of free speech

1992: Conservatives introduce bill to double penalties for marijuana
possession, but it dies when they are defeated in 1993 election.

1997: Marijuana is covered under Controlled Drugs and Substances Act.

2000: Ontario Court of Appeal strikes down a federal law prohibiting the
possession of less than 30 grams of marijuana. It said the legislation
violated the rights of sick people who use pot for medical reasons.

2001: Canada becomes the first country to legalize the use of marijuana for
medical reasons.

2002: The Special Senate Committee on Illegal Drugs reviews Canada's
policies and concludes marijuana should be treated more like tobacco or
alcohol. The House of Commons Special Committee on Non-Medical Use of Drugs
looks at an overall drug strategy for Canada.

Jan. 2003: Ontario judge rules Canada's law on possession of small amounts
of marijuana is no longer valid. Windsor Justice Douglas Phillips made the
decision as he dismissed two drug charges against a 16-year-old boy.