CANADIAN SENATE COMMITTEE RECOMMENDS LEGALIZATION OF MARIJUANA

The Senate Special Committee on Illegal Drugs released its final report on
cannabis, last Wednesday. In an exhaustive and comprehensive two-year study
of public policy related to marijuana, the Special Committee found that the
drug should be legalized.

The 600 plus page Senate report is a result of rigorous research, analysis
and extensive public hearings in Ottawa and communities throughout Canada
with experts and citizens.

"Scientific evidence overwhelmingly indicates that cannabis is
substantially less harmful than alcohol and should be treated not as a
criminal issue but as a social and public health issue", said Senator
Pierre Claude Nolin, Chair of the Special Committee, in a news conference
last week in Ottawa. "Indeed, domestic and international experts and
Canadians from every walk of life told us loud and clear that we should not
be imposing criminal records on users or unduly prohibiting personal use of
cannabis.

At the same time, make no mistake, we are not endorsing cannabis use for
recreational consumption. Whether or not an individual uses marijuana
should be a personal choice that is not subject to criminal penalties.

But we have come to the conclusion that, as a drug, it should be regulated
by the State much as we do for wine and beer, hence our preference for
legalization over decriminalization."

Among many observations, the Senate Report concludes that: The Government
of Canada should adopt an integrated policy on the risks and harmful
effects of psychoactive substances covering the whole range of substances
including cannabis, medications, alcohol, tobacco andillegal drugs,
focusing on educating users, detecting and preventing at-risk use and
treating excessive use; As far as cannabis is concerned, only behaviour
causing demonstrable harm to others should be prohibited: illegal
trafficking, selling to young people under the age of sixteen and impaired
driving; Legislation for a cannabis exemption scheme should be introduced
stipulating conditions for obtaining licences, producing and selling
cannabis; criminal penalties for illegal trafficking and export; and the
preservation of criminal penalties for all activities falling outside the
scope of the exemption scheme; Present medicinal marijuana provisions are
not effective and must be revised to provide greater access for those in
need and amnesty should be provided for any person convicted of possession
of cannabis under current or past legislation.

In its extensive report, the Special Committee suggests a number of
specific initiatives for implementing its recommendations such as: creation
of a National Advisor on Psychoactive Substances and Dependency within the
Privy Council Office; a high-level conference of key stake-holders from the
provinces, territories, municipalities and associations in 2003 to set
goals and priorities for action; creation of a Canadian Centre on
Psychoactive Substances and Dependency with a strong, clear mandate,
adequately funded and reporting to Parliament and with a Monitoring Agency
on Psychoactive Substances and Dependency to conduct studies with the
provinces and territories and table a bi-annual report on drug-use trends
and emerging problems; amendments to the Marijuana Medical Access
Regulations to provide new rules regarding eligibility, availability,
production and distribution with respect to cannabis for therapeutic
purposes; amendment to the Criminal Code to lower permitted alcohol levels
to 40 milligrams of alcohol per 100 millilitres of blood in the presence of
other drugs, especially, but not exclusively cannabis; and Canada seeking
amendments to United Nations conventions and treaties governing illegal
drugs and supporting the development of a Drugs and Dependency Monitoring
Agency for the Americas.

The Committee also examined the international obligations and repercussions
of Canada's cannabis policies as well as approaches taken by other
countries. It studied the impact of more liberal policy approaches to
cannabis in countries such as the Netherlands, Switzerland and Spain along
with more restrictive policies such as Sweden, France or the United States.
There is a clear international trend to reassessing domestic drug policy
such as recent initiatives toward de-criminalization in the United Kingdom.
Deputy Chair Senator Colin Kenny points out that "though what we are
recommending for our country has an impact on our friends and neighbours,
Canada must make its own decisions in the best interests of its citizens."

The Senate Special Committee on Illegal Drugs is chaired by Senator Pierre
Claude Nolin with Senator Colin Kenny as deputy-chair. Also serving on the
Committee are Senators Tommy Banks, Shirley Maheu and Eileen Rossiter. The
Special Senate Committee on Illegal Drugs maintains an Internet web site at
http://www.parl.gc.ca/illegal-drugs.asp. where proceedings, testimony,
research, general in-formation and its report can be found.