OUT OF JOINT

A court decision in Windsor last week has potheads dreaming they can light
up a fatty on the street hassle-free. Think again. The smoke signals coming
out of Ottawa suggest the weed won't be freed any time soon. And if Paul
Martin becomes PM, maybe never.

High hopes
A provincial court judge in Windsor recently ruled that Canada's pot
possession laws are invalid.

Why we shouldn't inhale yet
The decision was based on a narrow point of law that will almost certainly
be overturned on appeal. Back to square one.

What Justice Minister Martin Cauchon says publicly
He wants to move quickly on decriminalization.

What's really happening
Government lawyers are appealing pro-pot decisions with a Reefer Madness
vengeance.

Secret stash
Former health minister Allan Rock heads the social union subcommittee of
cabinet that will make final recommendations.

Substantial cash from U.S.-based philanthropic organizations to lawyers is
helping to fund appeals in court.

Bringing us down, man
Health Minister Anne McClellan, for all her government's talk about
decriminalization, has blocked access to medical marijuana. She has the
authority under Section 56 of the Controlled Substances Act to declare pot
legal with a snap of her fingers, but alas, her department has shamefully
slowed the granting of pot exemptions to sick people (from 477 in 2001 to
159 last year).

What potheads have going for them

Momentum, public opinion, all-party consensus, reports from the Senate and
Parliament endorsing decriminalization.

What potheads have working against them

John Manley, the man the War on Drugs-obsessed U.S. would most like to see
replace ol' Jean.

Time -- Parliament may be dissolved and an election called before
legislation can be drafted and passed.

Wild card
What the Supreme Court of Canada will be smoking when it hears an appeal in
the spring challenging the feds' pot regs.

Why the feds can't be trusted
Two years ago a court ordered the government to change the law, but the
weak-kneed caucus opted to change regulations instead so it wouldn't have
to bring the issue before Parliament.

Why the Canadian Police Association says it opposes decriminalization
They need to be able to bust the street-level user to catch the big fish.

Why it's a lie
It's pot possession charges that have seen the biggest increase since 97
(from 14,531 in 97 to 19,991 in 2001), not trafficking (which has gone from
5,641 in 97 to 8,435 in 2001). More youths are also being charged with
possession (from 3,064 in 97 to 5,407 in 2001).

Why legalization is a better solution
The gun violence related to the drug trade that the cops keep squawking
about would be eliminated.

The real bummer
PM-in-waiting Paul Martin has remained mum on the issue except to say he's
tried hash brownies and that they, um, had no effect.

what the insiders say

"So many people are fed up with the law that the feds know there is going
to be a moratorium on prosecutions if they don't act quickly. All they're
doing right now is buying as much time as they can. They haven't quite
figured out how to placate the Americans. The justice minister mentioned
(introducing legislation) last summer. Where is the fuckin' bill?"

Pro-pot lawyer Alan Young

"There are probably enough voices in the House of Commons to move a simple
decriminalizing forward. But it's not as far as we should be going. We
shouldn't even have to worry about cannabis when there are people dying in
the streets from drug overdoses from impure heroin and getting HIV
infection from injecting cocaine. It's causing carnage throughout society.
And we spend all our time dithering with cannabis."

Canadian Foundation for Drug Policy founding member Eugene Oscapella

"As far as we're concerned it's a myth that police resources are being
wasted busting people for pot. There's roughly one criminal charge laid per
police officer for simple possession of cannabis in Canada every year
(about 58,000 in all). The police are not on the street looking to lay
charges against guys smoking a joint."

Canadian Police Association spokesperson Sophie Roux

"The minister has expressed his desire to do it quickly, but there is still
a parliamentary process we have to respect. Really it's a question of
whether the cabinet is ready to agree. Then it gets into politics. It's out
of the department's hands."

Justice Ministry spokesperson Patrick Charette

"Those in power are all afraid to come to the obvious conclusion that we
should just legalize. When water will kill ya, how bad can pot be? We're
all just dancing around to this tune, waiting for someone in power to say,
"The hell with it. We should just legalize.' What Parliament is proposing
won't end the discussion. Is it going to make sense to allow people to
carry 30 grams punishment-free, yet someone who sells this harmless stuff
can get seven years?"

Long-time pro-pot advocate and entrepreneur Marc Emery