A CRIME NO LONGER

Federal Justice Minister Martin Cauchon's suggestion this week that Ottawa
might move to decriminalize possession of marijuana drew a quick and
negative response from the United States. That should not deter the
minister from his intent if, in fact, meaningful decriminalization is his
intent.

What Mr. Cauchon proposes is not entirely clear. What is needed is a change
in the law that eliminates criminal convictions for the simple possession
of the drug. Last year about 50,000 Canadians were charged with that crime.
Few would go to jail for that in Canada today, but they would have criminal
convictions that create serious hurdles to travel and employment options.

One of the main objectives in decriminalizing possession of the drug is to
remove that penalty for an act that polls show about 50 per cent of
Canadians have committed, including, by his own admission, Mr. Cauchon
himself. Most Canadians, including a majority of law enforcement agencies,
offer support for some much move, and previous studies of the issue have
endorsed it. Mr. Cauchon is waiting for two more reports, from a Senate
committee and a House committee, to flesh out the details of his public
musings -- early reports indicate that both groups will offer a similar
suggestion -- but unless a change in the law encompasses that reform it
will be largely meaningless.

The second objective of rewriting the laws on marijuana would be to divert
the billions of dollars it generates for the criminal gangs in Canada into
the public purse. This can only be done by legalizing the drug and
producing it and selling it as a controlled substance under government
regulation, as is now done with alcohol and tobacco.

As much sense as this makes, there is less support for it from the public
or the police. It would face the added obstacle of fierce opposition from
the U.S., which is utterly opposed to any softening of the marijuana laws,
even for simple possession. It would require Canada to abrogate
international agreements to which it is now party. It is an idea whose time
seems yet to come.

Decriminalization of simple possession, however, faces no such
international legal obstacles nor much domestic opposition. The Americans
oppose it but do not threaten reprisals. In any case, this government has
not always cared much what Washington thinks about Canada's domestic
policies and should now pursue Mr. Cauchon's thoughts to their logical
conclusion. The time has come to decriminalize the personal possession of
marijuana.