THE STATE IN THE POT DENS OF THE NATION

Next week Justice Minister Martin Cauchon returns from Europe, determined
to introduce legislation decriminalizing marijuana possession. It now seems
likely that he'll succeed.

Mr. Cauchon is convinced that Canadians are ready to join the Europeans in
effectively legitimizing the recreational smoking of pot. Toking on the
continent has become so commonplace that people light up on trains and in
bars. Police ignore simple possession.

Mr. Cauchon would like the same to apply here. But he is only a cabinet
minister, and Edmonton is not Paris. Before he can hope to get "decrim"
(get used to the word) through Parliament, he must first pass the Cerberus
of the Prime Minister's Office. At this point, the all-important
gatekeepers who surround the Prime Minister appear ready to endorse the
bill. And the Prime Minister himself has signaled he will acquiesce.

Jean Chretien has rarely, if ever, been a crusader on social policy. He
prefers to act only if and when he believes society is moving toward
consensus on a subject. Society appears to have moved.

A decade ago, only about four in 10 Canadians thought pot possession should
be reduced to a misdemeanour offence. By the late 1990s, that number had
risen to five in 10. Recent American surveys suggest the number is now six
or seven in 10. As the baby boomers age, they cling to at least a few old
beliefs.

Internal government polling in Canada has similarly revealed steadily
increasing tolerance for pot possession in recent years, sources say.
Partly that's because so many people have tried it at one time or another
(about half the population, according to one U.S. poll). And the debate
over the medicinal use of marijuana has influenced public opinion, further
softening attitudes. Mr. Cauchon says he had a few joints in his college
days (ah, youth), and Paul Martin recently acknowledged the same.

Success, however, is still not guaranteed. Health Minister Anne McLellan is
far from convinced the legislation is a good idea, and may oppose it in
cabinet, as will some of the Liberals' more law-and-order backbenchers.

The legislation will also have to be carefully crafted and marketed. A
national antidrug campaign will be needed to complement the law.
Trafficking, and anything involving selling to minors, will still be
severely punished.

The Americans will also be a problem. Drug czar John Walters fervently
opposes decriminalization, and has already protested against Canada's proposal.

But Mr. Walters is fighting a losing battle within his own country. Eight
states have legalized the medical use of marijuana and several have
virtually eliminated all penalties.

Assuming the legislation can navigate the remaining internal and external
obstacles, it should be possible to smoke a joint in Canada without fear of
criminal proceedings as early as this summer.

But if society is ready to take another step toward legalizing pot, the
same cannot be said of legalizing gay marriages, another one of Mr.
Cauchon's key files. Recent polls show the Canadian public is split almost
50-50 on the issue, with older and some religious voters intensely opposed.

While Quebec and Ontario courts have ruled that the Canadian government
must legalize same-sex unions, the issue is almost certainly headed to the
Supreme Court. In the meantime, Mr. Cauchon has shipped the issue over to a
parliamentary committee for discussion, where it is expected to languish
until the arrival of a new prime minister.

A few Liberals -- none with any real influence -- are urging Mr. Cauchon to
enter the Liberal leadership race, if only to ensure there is a francophone
on the ballot. If Mr. Cauchon does run, decriminalizing marijuana
possession might help people to forget that he is also the minister
presiding over, and defending, the gun registry.

The odds against Mr. Cauchon running are high, however. He is a friend and
supporter of Finance Minister John Manley. It would take a direct appeal by
Mr. Manley and Mr. Chretien to get him interested in a race where even the
chance of a respectable finish is remote.

Still, if tradition holds, the Liberal leader who succeeds Paul Martin will
be francophone. Mr. Cauchon might be anxious to be seen as the leading
francophone candidate next time out. Unlike Allan Rock, who figured a poor
showing would ruin his chances down the road, Mr. Cauchon is sufficiently
obscure that even coming third or fourth might actually help to raise his
profile.

Pierre Trudeau got the state out of the bedrooms of the nation. Martin
Cauchon says we can smoke 'em if we got 'em. The times just keep on a-changin'.