Marijuana Legislation Expected Next Week

By Brian Laghi
Source: Globe and Mail

Ottawa -- The federal government is expected to unveil legislation next week aimed at decriminalizing possession of marijuana in amounts below 15 grams, The Globe and Mail has learned.
Federal sources confirmed yesterday that the government plans to unveil the law late next week, perhaps Thursday. The proposals would also include a new strategy designed by Health Canada to discourage the use of drugs.

The idea will undoubtedly be controversial. Many U.S. officials have already expressed concerns about the idea. Some Canadian ministers have also argued in cabinet that such a move is an unneeded irritant given the recent difficulties with the United States over Canada's decision to stay out of the Iraq war.

Sources said that under the new law, individuals found with less than 15 grams would be ticketed and fined under the federal Contraventions Act.

Currently, anyone found with 30 grams or less can be charged with common possession of the drug, while anyone with more than that amount can be prosecuted for intent to sell. Federal officials decided on a 15-gram limit for the new legislation because the drug has become more potent in recent years. Depending upon how they are rolled, 15 grams of cannabis is equivalent to about 20 cigarettes.

The Canadian Police Association has been lobbying the government to give officers discretionary powers over whether to charge individuals possessing the drug with a criminal offence. Police have asked, for example, that they have the right to lay criminal charges against those who might be found with a bag of cannabis at a local schoolyard. An individual driving a car under the influence of the drug should also face something more than a simple fine, police argue.

David Griffin, the CPA's executive officer, said police need discretion to deal with issues such as a person's history.

"That's a concern for the entire police community," Mr. Griffin said. "If that person has a criminal record a mile long, police should have the ability to arrest that guy."

The source said it isn't clear how the discretion issue had been resolved, although sources said they believed there would be no discretion for police to charge those under the 15-gram limit.

Those pushing for decriminalization say the current law unfairly stigmatizes those who are caught, causing difficulties with crossing the border and finding employment. Police must also spend substantial amounts of time processing the paperwork, and the law is often applied unevenly, with some individuals being let off with a warning while others are charged.

The White House's director of drug control policy, John Walters, has warned Canada that decriminalizing marijuana is not a good idea. The United States has blamed Canadian growing operations for much of the new high-potency strains of pot hitting that country.

Canadian officials are also eager to package the new laws with a new drug strategy in an effort to convince Canadians that the government does not condone the drug.

Ottawa plans to spend more money to fight drug traffickers and hopes to provide more money to law enforcement agencies to pursue those ends.

Those ministers said to have concerns with decriminalization include Health Minister Anne McLellan and Deputy Prime Minister John Manley, who is worried about its effect on Canada-U.S. relations.

Note: Bill aimed at decriminalizing possession of amounts below 15 grams, sources say.

Source: Globe and Mail (Canada)
Author: Brian Laghi
Published: Saturday, May 10, 2003 - Page A4
Copyright: 2003 The Globe and Mail Company
Contact: letters@globeandmail.ca
Website: http://www.globeandmail.com/