cannabisnews.com: Lighter Penalties for Minors in Pot Bill Lighter Penalties for Minors in Pot Bill Posted by CN Staff on May 15, 2003 at 23:48:05 PT By John Ibbitson and Kim Lunman Source: Globe and Mail Ottawa — Smoking pot while driving would not be a crime and penalties for minors would be lower than for adults, according to draft legislation decriminalizing the possession of marijuana.The Cannabis Reform Bill was to have been introduced to Parliament this week, but sources report that Prime Minister Jean Chrétien ordered it delayed until the end of May to give caucus members more time to consider it, and to let Justice Minister Martin Cauchon fine-tune its provisions. Details of those provisions have been obtained by The Globe and Mail. As currently envisioned, the act would make possession of less than 15 grams of marijuana (the equivalent of about 20 joints) a non-criminal offence punishable by a fine of $150 for adults. Minors, however, would be charged only $100, although police would notify their parents of the offence.If the offender possesses between 15 and 30 grams, the police officer would decide whether to issue a ticket or lay a criminal charge. Possession of more than 30 grams would be a criminal offence.Police could levy a higher fine if there are "aggravating factors," sources say. For example, driving a car while possessing or smoking marijuana could increase the fine to $400. However, the act would still not be criminal, although police could charge the person with driving while impaired, if there was sufficient evidence.Similarly, although it would not be a crime, for example, to smoke pot on the steps of Parliament or in a playground, police could increase the fine depending on the perceived inappropriateness of the act.Customs officers would have considerable latitude when confronted with someone bringing small amounts of marijuana into Canada. They could simply seize the pot or refuse entry. In cases of trafficking, they could extradite the offender. If the offender crosses the border from the United States, Canada Customs will notify U.S. officials.While decriminalizing simple possession, the legislation envisions much tougher penalties for those who grow marijuana commercially. There will be four new categories of offences for cultivation. The larger the operation, the greater the penalty, although information about that aspect of the legislation was not available.The law would also retroactively diminish the punishment of those charged with criminal possession before the bill goes into effect. However, the records of those already charged will not be expunged, although those convicted can apply for a pardon.Critics warn that decriminalizing marijuana possession will lead to increased use of the drug, especially among the young. But Justice Department officials predict higher levels of enforcement once the police can hand out a simple ticket rather than having to decide whether to lay criminal charges.The government acknowledges that the law will not be applied evenly, with police in urban areas, for instance, less likely to hand out tickets than those in rural areas.Alan Young, a professor of law at York University in Toronto, warned that the law would leave the police with too much discretion in deciding whether to impose fines or lay criminal charges in cases where the accused possesses between 15 and 30 grams."It is wrong to simply bestow discretion upon police to determine which mode of enforcement will be chosen," he said in an interview."History tells us that the disadvantaged and minorities will disproportionately suffer under a regime of that nature."The decriminalization law was originally expected as far back as last February, but has been repeatedly delayed by legal tangles and the absence of a fully financed antidrug campaign to be implemented by Health Canada.However, government sources report that the health and communications strategies are now in place, and the bill will be introduced shortly after Parliament returns from a one-week break on May 26.From Friday's Globe and Mail Source: Globe and Mail (Canada)Author: John Ibbitson and Kim LunmanPublished: Friday, May 16, 2003 Copyright: 2003 The Globe and Mail CompanyContact: letters globeandmail.caWebsite: http://www.globeandmail.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmNew Pot Plan Just Token Effort http://cannabisnews.com/news/thread16308.shtmlStop The Reefer Madness http://cannabisnews.com/news/thread16301.shtmlLiberals Feud as Marijuana Bill Delayedhttp://cannabisnews.com/news/thread16297.shtml Home Comment Email Register Recent Comments Help Comment #7 posted by Lehder on May 16, 2003 at 10:15:26 PT thank you, Sam I'm sometimes, Maybe, too pessimistic, though, and am careful to read the more optimistic posts too because, for example, paulpeterson, in another thread, is also right:"What we all need is for Canada to DO SOMETHING, anything, to start to goad the moribund USA to even "think" about doing something about these matters...,SO KUDOS TO CANADA for even starting this half-baked effort, at least the cooking has begun!"We are making progress. Our progress comes in fits and starts on local and sometimes state levels and leaves many drug war remnants behind rather than making a clean sweep. We've reached Canada now on the national level. And Canada now Must make some reform. Because if it does not, then civil disobedience to the mj laws will only grow. And guess what - even when Canada does make partial reform, then civil disobedience to the mj laws will still grow. Marc Emery spoke very well for many of us when he listed the Terms for Peace - we want it fully legal, we want respect as equal citizens.But the US federal government, source of the very aggressive metastatic malignancy that infects most of the world, is absolutely unmoveable, no matter how nakedly the absurdity of its position is exposed. I'm skeptical that the government can or wishes to survive the demise of its own drug war. Now, finally, maybe the denstist can shut me up. [ Post Comment ] Comment #6 posted by Sam Adams on May 16, 2003 at 09:01:35 PT Good job Lehder Good to see you posting around these parts again. I think these latest Canadian developments are extremely disturbing. The country is far, far to the left of the USA as a whole, the media has actually been browbeating the politicians to act for 2-3 years, and the "Liberals" run the government! Even with all this, they are incapable of reform. If they can't do it, how will America EVER get reform? Our media is pumping out propaganda nonstop, there is zero onus on the politicians to reform right now. [ Post Comment ] Comment #5 posted by Lehder on May 16, 2003 at 08:02:14 PT A Golden Age Sam Adams has perfectly summarized the mechanics of prohibition as I see them. The prohibitionists are fully aware that their disparaging statements about marijuana are completely false; they know full well that marijuana is utterly harmless, that imprisoning people for possessing it makes no sense to begin with, that marijuana offers many healthful benefits to millions of people. And yet, partly for the sick satisfactions of power over others, but always ultimately for the money, they shamelessly enforce prohibition by brute power and take every opportunity to demonstrate that power: marijuana won't hurt you, but if you possess marijuana then prohibitionists most assuredly will hurt you just to show that they can and to demonstrate their incorrigibility.In these circumstances, the winning of hearts and minds in any numbers, the petitioning of government with fact and reason, will never be sufficient to change the federal drug laws. Only the political collapse of the federal government, brought on by some combination of domestic economic collapse, external military defeat, and world embargo and condemnation will end the drug war on the federal level. Our progress against the drug war was long confined to the local level, a few spots where people could unobtrusively smoke their herb and remain relatively unmolested. When tiny accommodations were extracted at the state level, the federal forces tried to destoy them with propaganda, kangaroo courts, crooked elections and armed force.When federal abuses were expanded and compounded with the Patriot Act they met with some local reaction, still growing. More than 100 cities and one state have declared their noncooperation with the new law.Some repression-lovers like to condescendingly ask Well, when the government is gone, what will you replace it with? My answer to that is the Articles of Confederation, the original founding document of this country. When the federal government has finally bankrupted itself, and a newly elected Congress forced to patriotism has voted itself to oblivion, the Articles of Confederation will remain as the uniting instrument of the states. Under its authority, each state is permitted to pass its own laws without external interference, and citizens are allowed to travel freely among the states to a place whose laws and traditions suit them. Each state is free to try different policies, each state is allowed to succeed or fail in its efforts without external interference, and each state profits by learning from the successes and failures of the others. Prohibitionists out of various corrupt motives have inflicted the present dark age upon us. A few states might wish to continue enforcement of a drug war of our present kind. But under such an economic and psychic handicap, such states would surely lose citizenry to freer, wealthier and more efficient states. Freedom would replace persecution, innovation would replace dissent. All in all, without the forced uniformity of federal rule and its forced extraction of wealth that is handed to pigs like William "It's ok because I can afford it" Bennett, the result will be a golden age.So, I am not arguing, as prohibitionists would accuse, for the right of people to destroy themselves with "dangerous drugs." I'm arguing for the right of entire state populations to stumble and falter as they will in competition with each other for citizens, and for the golden age of material and cultural wealth for all that allows our expression as human beings and that only innovation and freedom can provide.---------This little essay needs a lot of work, but to hell with it, I gotta go see the dentist now. [ Post Comment ] Comment #4 posted by lag on May 16, 2003 at 06:42:32 PT Exactly All the time paying lip service to the second amendment...which would be inaffective today to help protect the average citizen from the abuses of the US government.In this day and age the only way to fight back would be a concentrated effort on hurting the economic stability of the county...wait, Bush is already doing that. Well, a concerted effort to undermine the economic stability of big business. [ Post Comment ] Comment #3 posted by Sam Adams on May 16, 2003 at 06:17:58 PT Telling signs of modern society The government is basically saying: "The only way we're going to give up even the tiniest little bit of our power over you people is if we take a whole bunch for tax money from you in return. You want more "freedom"? Then you going to have to work harder for US. The Health dept. wants their cut, LEO wants his cut, the prison industry gets theirs."Frightening, isn't it? With today's huge, militarized police forces, these capitalist governments can do whatever they please, and they know it. [ Post Comment ] Comment #2 posted by Jose Melendez on May 16, 2003 at 05:35:27 PT is this the same pattern that N.I.D.A. follows? from: http://www.usnewswire.com/topnews/qtr2_2003/0515-166.htmlIn January 29, 2003 court filings to support its racketeering lawsuit against the tobacco industry, the U.S. Department of Justice stated, "CIAR was officially created ... to act as a coordinating organization for Defendants' efforts to fraudulently mislead the American public about the health effects of ETS (environmental tobacco smoke) exposure." The Justice Department also stated that CIAR "was not only used for litigation and public relations, but it was (sp) also funded research designed not to find answers to health questions, but solely to attack legislative initiatives related to ETS exposure. Click for complete article. Note: possible argument to sue NIDA! [ Post Comment ] Comment #1 posted by Jose Melendez on May 16, 2003 at 04:04:41 PT Bill O'Reilly poll - Marijuana wins! Q: Should marijuana be decriminalized in the United States? Answer Percent -------------------------------------------------------------------------------- Yes 55% No 45% -------------------------------------------------------------------------------- Total Votes: 24731* View Previous Survey/Poll Results Decriminalize? Vote here! [ Post Comment ] Post Comment