POSSESSION SELECTIVELY ENFORCED

OTTAWA -- One day, in the not too distant future, a cop could spot a
teenager smoking a joint and, instead of issuing a summons to appear in
court, the offender will receive a ticket.

As with any traffic or parking ticket the choice will be plead guilty and
pay a fine within 30 days or take a chance with the cop and the courts.
Whatever way is chosen, there will be a record of the offence but the
accused will not face a criminal record that could haunt him or her for years.

That is what federal Justice Minister Martin Cauchon foresees when he talks
about decriminalizing simple possession, for personal use, of the evil weed.

It shows how far society has come in just a few years.

Cauchon wants to have his legislation before the Commons before it recesses
for the summer.

More than 30,000 Canadians are charged under the Criminal Code every year
for simple possession of marijuana. Conviction can mean up to six months in
jail and a maximum fine of $1000.

The problem, Cauchon said, is the law is not enforced consistently across
the country.

"There's a special regime in place now -- from zero to 30 grams -- and what
I'm saying is when you have a (law) that you don't apply in a meaningful
(way) across Canada, and (it doesn't) reflect where you are as a society, I
believe it's time to look at it," said Cauchon.

In a speech in Toronto last month, Cauchon called the law a "blunt
instrument" that is only effective if it is applied equally from
coast-to-coast.

"Children . . . may not be charged if they are caught in Toronto, but kids
in small towns . . . are being charged for exactly the same behaviour" and
are "ending up with a criminal conviction."

Cauchon believes moving away from selective enforcement to issuing tickets
to offenders would result in more enforcement of the possession offence,
noting that has been the case in Australia.

A Commons committee recommended Canadians caught with less than 30 grams of
pot -- about enough to fill a sandwich bag -- be issued a ticket and a fine.

A Senate committee, however, went much further, recommending outright
legalization of cannabis for anybody 16 and over. That would make Canada
one of the most cannabis-friendly nations in the world.

The justice minister has rejected that idea. Making grass a controlled but
legal substance "is not the message that we want to send as a society and
as a government. The use of marijuana is harmful to our population and
we're not talking about changing the law, we're talking about being more
effective and more efficient" in enforcing the law.

The vast majority of Canadians seem to agree with Cauchon's approach. An
SES/Sun Media poll last February showed 69 per cent of Canadians favoured
the decriminalization of possession of small amounts of marijuana. Support
was strong in all regions of the country and among all age groups.

"My belief is that people understand now that we're not talking about
legalizing. We're talking about decriminalization," said Cauchon.

It's an important distinction and one the minister hopes will be understood
by the United States, which has some of the toughest drug laws anywhere.
But even there, Cauchon said, some states are taking a more liberal view of
small amounts of pot.

"There are over 10 states actually that are dealing with the question of
simple possession for personal use of marijuana in different ways," he said.

Cauchon still has some hurdles to jump, which is why introduction of
legislation on the issue has been delayed. The justice minister predicted
late last year he would have a bill before the House by the end of March.

Now, there is no certainty it will happen before Parliament's summer recess.