cannabisnews.com: U.S., Canada Clash on Pot Laws 





U.S., Canada Clash on Pot Laws 
Posted by CN Staff on May 07, 2003 at 21:13:23 PT
By Donna Leinwand, USA Today
Source: USA Today
The Bush administration is hinting that it could make it more difficult for Canadian goods to get into this country if Canada's Parliament moves ahead with a proposal to drop criminal penalties for possession of small amounts of marijuana.The proposal, part of an effort to overhaul Canada's anti-drug policies, essentially would treat most marijuana smokers there the same as people who get misdemeanor traffic tickets. Violators would be ticketed and would have to pay a small fine, but they no longer would face jail time.
Canada's plan isn't that unusual: 12 U.S. states and most of the 15 nations in the European Union have eased penalties on first-time offenders in recent years. That's a reflection of how many governments have grown weary of pursuing individual marijuana users.But U.S. officials, while stressing that they aren't trying to interfere in Canada's affairs, are urging Canadians to resist decriminalizing marijuana.In a lobbying campaign that has seemed heavy-handed to some Canadians, U.S. officials have said that such a change in Canada's laws would undermine tougher anti-drug statutes in the USA, lead to more smuggling and create opportunities for organized crime. Bush administration aides note that marijuana is an increasing problem along the Canadian border, where U.S. inspectors seized more than 19,000 pounds of the leaf in 2002, compared with less than 2,000 pounds four years earlier.In December, U.S. anti-drug czar John Walters stumped across Canada, criticizing the decriminalization plan. He told business groups in Vancouver, where police allow public pot-smoking in some areas, that they would face tighter security at the U.S. border if Canada eased its marijuana laws.The backlash was immediate across Canada, where surveys have shown that nearly 70% of the country believes that possessing a small amount of marijuana should be punishable only by a small fine. Canadian newspapers accused the USA of being arrogant and called Walters paranoid.For years, the USA and Canada have squabbled over border issues like longtime friends with a few habits that annoy each other. U.S. officials dislike Canada's looser immigration laws and limited regulation of prescription drugs, particularly pseudoephedrine, used to make methamphetamine.Canadian officials complain that Colombian cocaine and Mexican heroin often enter Canada via the USA. Canadians argue that the USA should do more to curb Americans' demand for illegal drugs, because restricting the supply only increases prices.Canada's full Parliament is likely to consider a decriminalization proposal soon.Committees in the House of Commons and the Senate have issued reports that say police should not arrest people for smoking marijuana, adding momentum to the decriminalization effort. Early versions of the proposal say those caught with no more than 30 grams — about an ounce — of marijuana for personal use would be ticketed and fined an undetermined amount. 'Drug tourist' penalties Marijuana possession in Canada now is a criminal offense that can carry jail time. Although people convicted of such an offense rarely are sent to jail, they do end up with a criminal record. In the USA, states generally prosecute marijuana-possession offenses, and sentences vary from mandatory jail time to fines. Under federal sentencing guidelines, a person conviction of possession could be sentenced to a year in jail.Canada would keep criminal penalties for marijuana offenses that pose a significant danger to others, such as illegal trafficking, selling to minors or driving while under the influence of the drug. To prevent "drug tourists," Canadian officials say they would consider special penalties for sales to non-Canadians.Walters and other U.S. officials said they are worried that such a policy change would make marijuana more available in Canada, leading to more smuggling. They say drug gangs, sensing a more tolerant climate, probably would move their operations near the Canadian-U.S. border, and more American teens would cross the border to smoke pot.Looser marijuana laws in Canada would make it "probable we will have to do more restrictive things at the border," Walters said.For Canadians who have been slowed by security checks imposed by the USA since the Sept. 11, 2001, terrorist attacks, that would mean more delays in crossing the border, he said. That could damage Canadian business; trade with the USA accounts for 70% of Canada's exports.Canadian Sen. Pierre-Claude Nolin, head of the panel that released the Senate report and a supporter of eased penalties, doubts that a new marijuana policy in Canada would lead U.S. officials to hinder trade.Snipped: Complete Article: http://www.usatoday.com/news/world/2003-05-07-canadapot-usat_x.htmSource: USA Today (US)Author: Donna Leinwand, USA TodayPublished: May 07, 2003 Copyright: 2002 USA Today, a division of Gannett Co. Inc.Contact: editor usatoday.comWebsite: http://www.usatoday.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmCanada's Drug Policy Draws U.S. Warning http://cannabisnews.com/news/thread16150.shtmlU.S. Says Canada Cares Too Much About Liberties http://cannabisnews.com/news/thread16130.shtml Senate Report on Cannabis: Get Whole Story http://cannabisnews.com/news/thread14319.shtml
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Comment #9 posted by ekim on May 08, 2003 at 19:08:58 PT
sweeping changes to the American news media
On June 2, the Federal Communications Commission is planning on
authorizing sweeping changes to the American news media. The rules
change could allow your local TV stations, newspaper, radio stations,
and cable provider to all be owned by one company. NBC, ABC, CBS and
Fox could have the same corporate parent. The resulting concentration
of ownership could be deeply destructive to our democracy.Congress is supposed to guard against monopoly power. But the
upcoming rule change could change the landscape for all media and
usher in an era in which a few corporations control your access to
news and entertainment. Please join me in asking Congress and the
FCC to support a diverse, competitive media landscape by going to:http://www.moveon.org/stopthefcc/You can also automatically have your comments publicly filed at the
FCC.When the folks at MoveOn.org talk to Congresspeople about this issue,
the response is usually the same: "We only hear from media lobbyists on
this. It seems like my constituents aren't very concerned with this
issue." A few thousand emails could permanently change that perception.
Please join this critical campaign, and let Congress know you care.
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Comment #8 posted by afterburner on May 08, 2003 at 11:16:28 PT:
Revisiting Constitutionality of Canadian Pot Laws.
If prohibition of cannabis possession is unconstitutional, the prohibition of cannabis cultivation is also unconstitutional. [10] I have concluded that the trial judge was right in finding that Parker needs marihuana to control the symptoms of his epilepsy. I have also concluded that the prohibition on the cultivation and possession of marihuana is unconstitutional.....DISPOSITION
[210]   Accordingly, I would vary the remedy granted by the trial judge and declare the marihuana prohibition in s. 4 of the Controlled Drugs and Substances Act to be invalid. I would suspend the declaration of invalidity for a period of twelve months from the release of these reasons. The respondent is exempt from the marihuana prohibition in s. 4 of the Controlled Drugs and Substances Act during the period of suspended invalidity for possession of marihuana for his medical needs. I
would set aside those parts of Sheppard J.’s judgment reading in a medical exemption into the former Narcotic Control Act and the Controlled Drugs and Substances Act and ordering the return of the plants seized in the September 1997 search. In all other respects, I would dismiss the Crown appeal.
RELEASED: JUL 31 2000        Signed: “M. Rosenberg J.A.
MAC                 “I agree: M.A. Catzman J.A.”
                   “I agree. Louise Charron J.A.”
 
-The Courts Decision on Parker 
http://www.ontariocourts.on.ca/decisions/2000/july/parker.htmIn 1997, Mr. Parker became the first Canadian allowed to smoke and cultivate cannabis with impunity when the Ontario Superior Court ruled that he needed it to control his illness and that the prohibition infringed his rights under Section 7 of the Charter of Rights and Freedoms. The 
court stayed charges laid against him when police raided his 73 plant hydroponic garden.-What will become of our Cannabis Law's? http://www.planetarypride.com/ontlaw.htmlBut the law will remain on the books for another 12 months, during which time Parliament will have the option of rewriting the law.If Ottawa fails to do so - as was the case after the Supreme Court of Canada struck down a criminal ban on abortion in 1986 - the area north of the 49th parallel will become a ''marijuana-free'' zone, according to a lawyer involved with the case.''We will be in a marijuana-free country if Parliament does nothing in the next 12 months,'' Osgoode Hall law school professor Alan Young told reporters outside court after the decisions were released.-Erowid Cannabis Vault : Medical : Article #11: Canadian Court ... http://www.erowid.org/plants/cannabis/cannabis_medical_media11.shtmlThat twelve months has obviously passed without a change to the current law, which has therefore, been declared unconstitutional in three provinces, and Canada has become a "'marijuana-free' zone". Cannabis and the law - Globe and Mail, Jan 4, 2003
http://www.globeandmail.com/servlet/ArticleNews/PEstory/TGAM/20030104/EMARI/national/national/nationalTheNationHeadline_temp/8/8/17/ego transcendence follows ego destruction, and suddenly there is no question.
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Comment #7 posted by The GCW on May 08, 2003 at 07:26:22 PT
From Christians for Cannabis 
Let's keep this on Our minds.Friday, April 18, 2003
DEA Accepts Rescheduling Petition
For Immediate Release
April 15, 2003DEA Accepts Rescheduling PetitionOn April 3, 2003 the Drug Enforcement Administration (DEA) accepted the filing of a rescheduling petition seeking federal recognition of the accepted medical use of cannabis in the United States. The petition was filed by the Coalition for Rescheduling Cannabis (CRC) on October 11, 2002. According to background information at DEA’s website: “Schedule I is reserved for the most dangerous drugs that have no recognized medical use . . . The [Controlled Substances Act (CSA)] also provides a mechanism for substances to be . . . rescheduled . . . Proceedings to add, delete, or change the schedule of a drug or other substance may be initiated by . . . a public interest group concerned with drug abuse. . . or an individual citizen.”The Coalition for Rescheduling Cannabis is comprised of the American Alliance for Medical Cannabis, Americans for Safe Access, California NORML, the Drug Policy Forum of Texas, Jon Gettman, High Times, Iowans for Medical Marijuana, the Los Angeles Cannabis Resource Center, the National Organization for Reform of Marijuana Laws, the Oakland Cannabis Buyers Cooperative, Patients Out of Time and other interested individuals.Once DEA has accepted a petition for filing it must follow review procedures established by the CSA: “When a petition is received by the DEA, the agency begins its own investigation of the drug. . . Once the DEA has collected the necessary data, the DEA Administrator, by authority of the Attorney General, requests from the HHS a scientific and medical evaluation and recommendation as to whether the drug or other substance should be controlled or removed from control. This request is sent to the Assistant Secretary of Health of the HHS. Then, the HHS solicits information from the Commissioner of the Food and Drug Administration and evaluations and recommendations from the National Institute on Drug Abuse, and on occasion, from the scientific and medical community at large. The Assistant Secretary, by authority of the Secretary, compiles the information and transmits back to the DEA a medical and scientific evaluation regarding the drug or other substance, a recommendation as to whether the drug should be controlled, and in what schedule it should be placed.”Jon Gettman, a spokesman for the Coalition, issued the following statement: “In accepting the petition the DEA has acknowledged that the Coalition has established a legally significant argument in support of recognition of the accepted medical use of cannabis in the United States. The Coalition’s petition provides considerable scientific and medical evidence to support its argument that cannabis does not belong in Schedule I. We have supplied the necessary data for the petition to be referred to HHS, and DEA has already spent six months studying the petition. We encourage DEA to refer the petition to HHS for a scientific and medical evaluation as soon as possible. Public support for medical cannabis can further expedite these proceedings.”Coalition for Rescheduling Cannabis
(includes recent status query and the resulting DEA acceptance letter)
http://www.drugscience.orgFor More Information
bcr drugscience.orgCHRISTIANS 4 CANNABISCANNABIS 4 CHRISTIANS
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Comment #6 posted by The GCW on May 08, 2003 at 07:08:25 PT
...operating to fill a void ...
Judge recognizes legal 'void' http://www.hempbc.com/articles/2954.htmlPolice investigating an accident near David Lange's home discovered a 230-plant operation. Lange, 36, had nine previous narcotics convictions. He pleaded guilty to a charge of producing marijuana, saying it was for the compassion club.The judge decided that Lange was operating to fill a void created by the legal framework, at minimal risk to the public. The operation was not a typical profit-motivated commercial venture, but motivated by compassion and a small profit. Lange had been conviction-free for almost 10 years, and he was applying for a license to produce marijuana for designated persons.Lange was granted a conditional discharge and one year of probation.
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Comment #5 posted by WolfgangWylde on May 08, 2003 at 04:27:46 PT
Wow, first I've seen of the whole..
..brouhaha in a U.S. newspaper. Overall a good piece, but they left out some important facts.1) The Senate Commmittee didn't recommend not arresting people for simple possession. They recommended FULL legalization.2) Currently, no charges for possession are being brought because judges are tossing the cases, and the basis that there is no current valid law.
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Comment #4 posted by eco-man on May 08, 2003 at 02:49:04 PT
Maybe USA will incite anti-MMM riots in Canada. :)
Maybe the USA will incite anti-cannabis riots like the one at the Budapest Hungary MMM. ;)
http://www.budapestsun.com/full_story.asp?ArticleId=%7BCFB1E05980CD4B2DB69F499B32DEB343%7D&From=NewsThere is a cannabis poll connected to that article too. If you don't see it on the left, try here: 
http://pub5.bravenet.com/minipoll/archive.php?usernum=406811264What did you make of the march in favor of legalizing marijuana?  votes percent 1.) Marijuana is a harmless drug and should be legalized. 173  50% 2.) Marijuana like all drugs should only be used under instruction from a doctor. 73  21% 3.) Majijuana is an evil drug and should stay illegal. 79  23% 4.) Don't care. 16  5% 5.) Don't know. 7  2% ----------Bring your legal teargas in your pocket from now on when going to MMM rallies worldwide. :)Gotta keep these violent prohibitionists legal, you know. ;)For hundreds of MMM media articles: *Some Google News MMM shortcuts. Google News only archives links for around 30 days. So it is important to archive the actual media articles elsewhere on nonprofit sites such as CannabisNews.com or MAP-DrugNews or other nonprofit sites. 
http://news.google.com/news?q=%22Million+Marijuana+March%22 and 
http://news.google.com/news?q=cannabis+rally and 
http://news.google.com/news?q=marijuana+rally MMM links page at 
http://www.geocities.com/tents444/mmmlinks.htm and 
http://members.fortunecity.com/multi19/mmmlinks.htm 
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Comment #3 posted by FoM on May 07, 2003 at 22:31:39 PT
RevHappy
Here is the news page for this years Marches. I hope you had a good time.http://www.freedomtoexhale.com/million.htm
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Comment #2 posted by FoM on May 07, 2003 at 21:50:49 PT
Just a Note
Hi Everyone,I was so happy to get an American article about Canada that even though I used the USA link in the article I made a page anyway. U.S., Canada Clash on Pot Laws : http://www.freedomtoexhale.com/clash.htm
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Comment #1 posted by RevHappy on May 07, 2003 at 21:50:31 PT:
There Goes My Busloads For Bonghits Idea!
So I got this idea, living on the Canadian border. A bunch of people with honest to GOD recomendations from doctors and/or clergy pack a bus, cross to Canada, bake down, eat, and generally be merry.It is no permanant solution to the stolen liberties and proven medicine. But Shouldn't the Canadian Gov't see legal pot as just another boon in their tourism and revenue through free trade?We already flock to Windsor for cheap booze at 18, in the fully nude strip clubs. Why not add a little pacifying herb to that sometimes volitile mix. Less booze, more herbs. Free Worship..... As I see it, it is a church providing an action of mercy, much like Sen. Stabenow does for the Elderly. I could not sanction this if it was illegal either. To put it to work, I'd say the rules would be no pot on or in the bus, the passenger would have to supply credentials at the border, and provide a deposit to forfeit if the rules are broken in any way. I bet there'd have to be a lot of rules. How about "Be cool to one another"? Rev Happy
AMMMO topic on busloads...
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