cannabisnews.com: Pot Laws Unworkable Pot Laws Unworkable Posted by CN Staff on February 03, 2003 at 09:26:50 PT Editorial Source: Sudbury Star There is no compelling reason why the federal government should continue to delay liberalizing marijuana laws and removing the possession of marijuana as a criminal offence from the Criminal Code. A successful prosecution for marijuana possession is now unlikely at best, as the rulings of several Ontario courts have made clear in recent months. And the medicinal use of marijuana has become so commonplace that courts readily accept it as a just cause for possession. Earlier this week a Greater Sudbury man who cultivated marijuana plants in his home avoided a jail sentence after convincing the court he was using the drug strictly for his own medicinal needs. Instead he was given a conditional sentence of nine months house arrest. Earlier this month two Ontario judges ruled in separate cases that there is effectively no law prohibiting the possession of small amounts of marijuana. Another judge said the federal government’s policy to allow the use of pot only for medical reasons is unconstitutional. Such court decisions have made a mockery of the Criminal Code provisions that apply to possession, and have raised questions about police and the courts for using valuable resources to prosecute people for possession of small amounts of marijuana. But police and prosecutors in Sudbury insist they will not become more lenient with people caught with marijuana for personal use until the law changes. Until the law changes, anyone caught by city police with even a small amount of marijuana will be charged, and if convicted, will have a criminal record, Orsino said. The penalty for first-time offenders generally amounts to a fine, ranging from $100 to $1,000, he said. Prime Minister Jean Chretien has promised to relax possession laws by pulling them from the Criminal Code, and making it a ticketable offence. This seems to be the logical thing to do, at least for now. Research in the United States suggests that relaxed laws haven’t had much effect on pot use. The 11 states that issue tickets for possession show no higher use than states in which it remains criminalized. As for the contention that smoking pot will lead to hard drugs, the Canadian Association of Chiefs of Police believe they could actually do a better job on cracking down on more dangerous drugs and on traffickers if they could free up resources now used to enforce discredited marijuana possession laws. The real debate in the months ahead should not be about whether to go ahead and reform the laws, or even the principle of decriminalization, but rather the details of these reforms. Marijuana remains a vice, like drinking alcohol or smoking cigarettes. It would be better handled through public education and societal norms than police crackdowns and giving people criminal records. The federal government should follow through on its promise decriminalize marijuana. Note: It’s getting to the point where police don’t even bother pressing pot possession charges. Source: Sudbury Star (CN ON)Published: Monday, February 03, 2003Copyright: 2003 The Sudbury StarContact: letters thesudburystar.comWebsite: http://www.thesudburystar.comRelated Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmDecriminalization of Cannabis Makes Sensehttp://cannabisnews.com/news/thread14992.shtmlCanada Has It Right on Marijuanahttp://cannabisnews.com/news/thread14979.shtmlUnder The Maple Leaf: Pot Politics http://cannabisnews.com/news/thread14973.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by BigDawg on February 04, 2003 at 05:44:52 PT That says it all concerning recreational use. "Marijuana remains a vice, like drinking alcohol or smoking cigarettes. It would be better handled through public education and societal norms than police crackdowns and giving people criminal records." [ Post Comment ] Comment #1 posted by TroutMask on February 03, 2003 at 09:35:44 PT Counting down.... Whatever. They have 5 months and 6 days to do something or the possession laws are gone (if they aren't gone already). I hate that sick people may have to suffer until then but the complete removal of all penalties for possession is at stake. Personally, I find it difficult to believe they could raise the issue, debate it and vote in a change of law by then. I guess we'll see...-TM [ Post Comment ] Post Comment