MARIJUANA LAW IS OUT OF DATE

Justice Minister Martin Cauchon has started what should become a major
debate about the best way for Canadians to handle the marijuana question.

To his credit, Cauchon has avoided jumping to conclusions about exactly
what new federal legislation should do with marijuana, but he has clearly
indicated that he finds the current law unacceptable. As it now stands,
simple possession of marijuana is a criminal offence, punishable by
imprisonment.

Believing this to be too harsh, the government is considering some form of
decriminalization, though possession would still be illegal. Presumably,
growing marijuana for commercial purposes in homes would remain illegal, as
it should be because it poses safety problems through the excessive use of
electricity and residues left in the homes. Trafficking would also be illegal.

The minister's interest in this subject comes -- perhaps not surprisingly
- -- one week after the British government said it would make possession of
marijuana a non-arrestable offence. There, police would arrest marijuana
users only if they caused public problems or threatened to harm children.
Other countries, such as Netherlands, have gone even further in
liberalizing marijuana laws.

The case against Canada's current law is strong. In terms of the physical
impact it has upon people as a drug, marijuana is not so different from
alcohol and tobacco. An article in the Canadian Medical Association Journal
in May 2001 called marijuana an innocuous drug, with the exception of
ingredients such as tars that make it similar to tobacco from a health
perspective.

Indeed, the government is not thinking of going as far as to make
possession of marijuana legal. Cauchon wants to leave it as an illegal
drug, but not one with heavy, criminal penalties attached to it. Such an
approach makes sense. There is no good reason to make people who use
marijuana recreationally as criminals. And by shifting the focus of police
away from such users, the state could put more of its resources into its
battle against trafficking and, indeed, more dangerous drugs.

In the short term, Cauchon said the government will wait for the reports of
two parliamentary committees that have been studying marijuana. He has also
said the government will consult Canadians. On so controversial an issue,
this is a fair strategy.

Support for decriminalizing marijuana has come from Conservative Leader Joe
Clark and Keith Martin, the Alliance member of Parliament who introduced a
private member's bill on this subject. Perhaps the most interesting support
comes from the Canadian Association of Chiefs of Police. The chiefs are
more concerned about police officers focusing their time on serious criminals.

The real debate in the months ahead should be about the details of the
forthcoming marijuana legislation, not on the principle of decriminalization.