cannabisnews.com: Canada Moves to Ease Marijuana Possession Law





Canada Moves to Ease Marijuana Possession Law
Posted by CN Staff on May 27, 2003 at 11:31:04 PT
By Clifford Krauss
Source: New York Times 
Toronto — The Canadian government introduced legislation today to decriminalize possession of small amounts of marijuana but set stricter penalties for those apprehended for trafficking the drug.After more than a year of internal debate on how to change marijuana laws, the form the legislation took was a compromise between those in the cabinet who see the drug as a minor nuisance and those who fear that anything approaching legalization would increase use by young people.
The Bush administration has been vocal in cautioning Canada that Washington would be forced to increase time-consuming border searches if decriminalization of marijuana is enacted. American officials say decriminalization would increase supplies and trafficking.Canadian officials argued today that the legislation would modernize law enforcement approaches to a drug whose use is often overlooked by the local police."I want to be clear from the beginning, we are not legalizing marijuana and have no plans to do so," Justice Minister Martin Cauchon said. "What we are changing is the way we prosecute certain offenses of possessions. We are introducing alternative penalties."Under the legislation, possession of up to 15 grams — about 20 cigarettes — would be an offense punishable by a fine of up to $180 for youths and $290 for adults. But maximum sentences for illicit growers would increase, and the government would spend about $150 million on an educational campaign to convince young people not to use drugs. Fines for possession would increase for intoxicated drivers.It appears probable but not certain that the legislation will be enacted by the House of Commons within the next few months. Prime Minister Jean Chrétien has publicly come out strongly for decriminalization, and so have the three candidates running to succeed him for the leadership of the governing Liberal Party.Several backbench Liberal lawmakers have spoken out against the legislation, however, complaining that the legislation does not set tough minimum sentences for growers and traffickers and sends the wrong signal to youth."We're removing the stigma attached to the product and sanctioning or tolerating its use as produced by major elements of organized crime throughout Canada," the Liberal member of Parliament from Ontario, Dan McTeague, complained in an interview. "It is by no means a done deal as far the Parliament is concerned. This bill is going to have a difficult time."Mr. McTeague noted that United States Customs has reported a "staggering" increase in seizures of Canadian marijuana crossing the American border. He said United States Customs seizures of 814 pounds of marijuana in 1998 increased to 2,650 pounds in 2001 and to 20,893 pounds last year.The huge increase in 2002 is in part related to increased surveillance at the border in the wake of the Sept. 11, 2001, terrorist attacks.Cultivating and trafficking marijuana are major businesses in Canada, run by biker gangs and Asian organized crime. Marijuana is estimated to be the third largest agricultural crop in both Ontario and British Columbia.Pressure to reform the marijuana laws has been building for some time because of the drug's common use in several provinces, a string of lower court rulings and a constitutional challenge in the Supreme Court to legalize the drug. Recent polls show that most Canadians believe that youths caught possessing small amounts of marijuana should not be penalized with a lasting criminal record. Cannabis Reform Bill: http://www.hc-sc.gc.ca/english/media/releases/2003/2003_34bk2.htm Source: New York Times (NY)Author:  Clifford KraussPublished: May 27, 2003Copyright: 2003 The New York Times CompanyContact: letters nytimes.com Website: http://www.nytimes.com/Related Articles & Web Site:Cannabis News Canadian Linkshttp://freedomtoexhale.com/can.htmOttawa Causes a Stir With Marijuana Bill http://cannabisnews.com/news/thread16406.shtmlNo Intention To Legalize Pot: Cauchon http://cannabisnews.com/news/thread16405.shtmlPM Tables Relaxed Marijuana Lawhttp://cannabisnews.com/news/thread16402.shtml
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Comment #3 posted by JR Bob Dobbs on May 27, 2003 at 15:09:22 PT
LTE
Sirs,  While Martin Cauchon may appear to be progressive in his approach to Canada's marijuana laws, one needs to look at what's happening in the Canadian court system for the full picture.  The Canadian Supreme Court gave Canada one year to change its marijuana laws to allow access for medical use. If this did not happen, all the laws on marijuana would be null and void. This was well over a year ago, and still no Canadian has recieved medical access.  Lately, Ontario courts have been refusing to convict people of possession of marijuana. Their reason? According to the above court decision, there is now no law on the books regarding marijuana, say these judges. This has already been upheld on one appeal, and is naturally pending another.  So if there are no longer any Canadian marijuana laws, what Cauchon is proposing is not DEcriminalization, but REcriminalization. If the courts said the old laws were invalid, then what's supposed to make the new one any better?
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Comment #2 posted by FoM on May 27, 2003 at 12:05:58 PT
BILL C-38
http://www.parl.gc.ca/37/2/parlbus/chambus/house/bills/government/C-38/C-38_1/C-38TOCE.html
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Comment #1 posted by TroutMask on May 27, 2003 at 11:45:23 PT
Uhhhh....medical access???
I still haven't heard a word about this law providing for legal medical use as required by the Canadian Supreme Court. I guess it's one of the following:1. They are really stupid - They forgot to put in medical access or don't realize the Supreme Court will strike this new law down as well.2. They are really smart - They know the Supreme Court will strike this law down as well, but they're trying to look good for the US and prohibitionist Canadians. Then when the Court strikes it down they can say "Oh well, we tried."-OR-3. I'm missing something here - It happens.So what's going on???-TM
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