cannabisnews.com: Marijuana Laws: Criminally Hazy Marijuana Laws: Criminally Hazy Posted by CN Staff on January 07, 2003 at 13:41:55 PT Editorial By Examiner Staff Source: Peterborough Examiner It seems everyone is waiting for federal Justice Minister Martin Cauchon to exhale and blow away the haze that obscures Canada’s marijuana laws. Or if they’re not waiting, they should be. At the top of the waiting list is the Supreme Court of Canada. Three weeks ago, the court adjourned a package of three appeals which all challenge the constitutionality of laying criminal charges for possession of small amounts of pot. The justices put the appeals over until the court’s spring session, citing recent statements by Cauchon that he expects to introduce decriminalization legislation during the first four months of 2003. Chief Justice Beverly McLachlin said the upcoming parliamentary debate “may provide guidance to the courts in deciding the present appeals.” Ontario Court Justice Douglas Phillips would have been wise to keep McLachlin’s statement in mind when he ruled on a similar but unrelated case last week. Instead, Phillips tossed out a charge of possession of less than 30 grams of marijuana against a 16-year old. Phillips ruled that the federal government has not rewritten marijuana laws to comply with a two-year-old Ontario Court of Appeal decision, rendering the teenager’s simple possession charge invalid. The federal Justice Department quickly filed an appeal. Justice officials say that regulations covering the medical use of marijuana which were adopted by cabinet last year satisfy the Court of Appeal ruling, and that the law regarding criminal charges for simple possession is valid. The court cases are taking place against a background of political support for a more liberal attitude toward marijuana. A Senate committee report released in October called for outright legalization of small amounts of pot and a national distribution system similar to liquor control boards, where anyone 16 or older could buy a government-approved joint. And a month later an all-party committee of MPs released its recommendation that simple possession be decriminalized – a less radical shift that would result in fines similar to a traffic offence but no criminal record. It would not be going too far to say the country is suffering from a touch of reefer madness. Police are continuing to lay simple possession charges, as they should. Their job is to uphold the law, which is still in place. However, federal prosecutors are being told by the Justice Department not to proceed with trials until the appeal of Phillips’s ruling is heard. That is also the right thing to do. If the simple possession law is upheld, charges that have been put on hold can go to court. If it is not, it would be unfair to have prosecuted defendants under a law which was already on the way to the dustbin. Cauchon could clear up most of the confusion by doing what he has been hinting at since early last year, and flat-out promised in November: introduce decriminalization legislation. Or, if all that talk was simply an over-inflated trial balloon, say so now and let the courts get on with their business. We would suggest the second course. While there are good arguments for decriminalization – the relatively small amount of harm marijuana does relative to other, legal drugs; the high personal cost of a criminal record to those convicted; the public cost of enforcement and prosecution – they do not outweigh the drawbacks. Marijuana may not do significant health damage but it is still damaging, particularly to young teenagers, and removing the criminal sanction will undoubtedly lead to greater acceptance and use. It impairs the ability to drive, but is harder to detect than alcohol. And a system in which possessing the drug is a minor offence but buying or selling it is still a criminal act is illogical and would lead to even more legal tangles. However, Cauchon should act quickly to clear up the medical marijuana situation. Patients who have a legitimate need for pain relief or control of a medical condition that marijuana alleviates should not face the bureaucratic barriers that have been erected. The justice minister has so far been adding to the legal haze by saying he will act but doing nothing. He should take a deep breath, decide on a policy direction and then clear the air. Source: Peterborough Examiner, The (CN ON)Published: Tuesday, January 07, 2003Copyright: 2003 Osprey Media Group Inc.Contact: news1 ptbo.igs.net Website: http://www.thepeterboroughexaminer.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmMomentum Growing for Pot Law Reformhttp://cannabisnews.com/news/thread15123.shtmlAdvocate Sees Judge's Ruling as Step Forwardhttp://cannabisnews.com/news/thread15115.shtmlLegalized Pot Seems Likely Up Northhttp://cannabisnews.com/news/thread15102.shtmlWhy Cannabis Should Be Legal http://cannabisnews.com/news/thread14045.shtml Home Comment Email Register Recent Comments Help Post Comment