cannabisnews.com: MJ Legislation One of Parliament's Top Issues MJ Legislation One of Parliament's Top Issues Posted by CN Staff on August 05, 2003 at 08:27:36 PT By Scott Foster Source: Ottawa Hill Times For some MPs, it's a "well-balanced" piece of legislation that goes after the true criminals and eases off the young people who are caught with an experimental joint. But for others, the Cannabis Reform Bill (C-38) is a huge "contradiction" that sends the wrong message to users of cannabis and further threatens our already-tenuous relationship with the U.S. There is also no guarantee, critics say, that judges will apply the bill's penalties if they become law, which could encourage traffickers and large-scale growers to increase their illegal activities. Moreover, some critics declare that the bill serves only to boost the profile of the Liberal party among certain pockets of voters. These opinions have already made for fiery debate in the House of Commons. And based on what MPs and senators are currently saying about the contentious bill, further debate on the so-called "soft pot" legislation is guaranteed to re-ignite when Parliament reconvenes. Introduced last May, the bill proposes controversial amendments to the Contraventions Act and the Controlled Substances Act. The amendments -- which made front-page headlines across the country and garnered international attention -- seek to decriminalize possession of small amounts of marijuana and toughen the penalties for large-scale growers. At issue are the bill's proposed fines ($100 for youths and $150 for adults) for those caught with up to 15 grams of pot. Those fines go up if accompanied by "aggravating factors" such as driving ($250 for youths and $400 for adults). If someone is caught with 15 to 30 grams of pot, the bill proposes to give police officers a choice based on the offence. This means issuing a ticket -- with a fine of $300 for an adult and $200 for youths -- or a summons for a summary conviction that consists of a penalty of up to six months imprisonment and/or up to a $1,000 fine. Also under the bill, illegal growers face a maximum prison term of 14 years (double the current term) for anyone found with more than 50 marijuana plants. The bill operates on this premise: the larger the grow operation, the greater the penalty. "Not only will we have greater enforcement, we are expecting greater penalties to come into the court system to deal with the marijuana grow ops in the country and to shut them down," declared Justice Minister Martin Cauchon (Outremont, Que.) at the time of the bill's introduction. But Alliance MP Randy White (Langley-Abbotsford, B.C.), the Opposition's chief critic for the Solicitor General, argues the legislation's maximum penalties will not influence court proceedings since judges "rarely" give out the most severe sentence. As a result, maximum penalties "don't really mean anything," he says. "And right now, the minimum [in the bill] is still zero. The judges will say: 'If I can give a fine to someone with 29 grams, I'm not going to give a jail sentence to someone with 35 grams.' A grower or trafficker will continue to get the minimum, judges will start tossing these [cases] out, and we'll be right back where we started." Mr. White says judges may hear out the cases of bigger growers and traffickers, but they won't suddenly apply heavier penalties if Bill C-38 is enacted. Consequently, prospective growers won't be deterred from setting up large-scale operations, he says, adding that people caught with grow operations worth $400,000 are typically fined $2,000. "We're really talking about small amounts here. And that won't change [if this bill goes through]." Further, Mr. White calls the adult-youth discrepancy in fines for possessing small amounts of pot "naïve and stupid." "Anyone who can afford to buy up to 30 grams of marijuana can surely afford a $150 fine," he says. But according to Mr. Cauchon "a $100 fine for a kid" is a significant amount. This apparent "soft-on-youth" approach is not exclusive to Prime Minister Jean Chrétien's Cabinet. Liberal MP John Bryden (Ancaster-Dundas-Flamborough-Aldershot, Ont.) says he was sold on the bill when he found out that it won't "nail youngsters." The proposed fines for youth, he says, mean young people won't receive a life-long criminal record that could otherwise "affect their future employment or, even more dramatically, affect their ability to cross the border into the U.S." Police forces and courts, he adds, should be focusing their resources on the big-time traffickers and growers, not wasting their time on young people who are experimenting with small amounts of pot. "The last thing you want is some smart, talented 20-year-old getting thrown in jail," says Mr. Bryden. "I don't condone the use of drugs ... but young people are young people and they haven't changed since I was young. You should be putting your resources into those people who are growing this stuff in vast quantities because these people are obviously out to make a profit on an illegal drug. That is a criminal offence in my view. But a young person who experiments with small amounts does not have criminal intent." Criminal intent or not, this is the wrong message, says Grant Obst, president of the Canadian Police Association. In a letter to Prime Minister Jean Chrétien sent last May, Mr. Obst observed that each time the government "speaks publicly about [its] intention to decriminalize marijuana, many people are inferring ... possession would be legal or less serious." "Ultimately, this sends the message that cannabis use is harmless," wrote Mr. Obst, who called for a "balanced [drug strategy] that reduces the adverse effects associated with drug use by limiting both the supply of and demand for illicit drugs." To achieve this, a coordinated and "sufficiently resourced approach to prevention, education and awareness" is needed. Tory Senator Pierre Claude Nolin, who is the chair of the Senate Special Committee on Illegal Drugs, says the government had the opportunity to take the lead on such a coordinated approach but has so far dropped the ball. "My blunt analysis is [the government] has introduced this bill for pure political gain," says Sen. Nolin, whose Senate committee released a 600-plus page report last September full of recommendations on dealing with marijuana legislation. The report -- which called for legalization of pot in a state-controlled environment much like wine or beer -- was a product of extensive consultation with experts and citizens from across Canada. Specifically, Sen. Nolin suggests the Liberals did not pay attention to his committee's recommendation to approach front-line people, such as police, public health officers and those involved in the treatment of substance abusers. Instead, he says the government reacted in a knee-jerk fashion after it noticed decriminalization drew support among some Canadians. "So they went for it before they even knew what the word 'decriminalization' meant," Sen. Nolin says. "They should have first invited their provincial colleagues and health colleagues, and also invite to the table those who are confronted on a daily basis the use and abuse of psychoactive substances. I'm referring mainly to the kids who are using those substances. Of course, the issue of prevention and education should have been discussed at length [before any bill is proposed]." Whether it's more consultation or more resources for drug education and other awareness-raising efforts, such recommendations come out all the time, says Mr. Bryden. And he's tired of hearing it. "It has become the standard: Go talk to educators and persuade, persuade, persuade. But the reality is that this has been around for a very long time. And I have no particular interest in hoeing the same field. Bill C-38 came with a five-year, $245-million commitment to "reduce both the demand for, and supply of, drugs," according to a government press release outlining the renewal of Canada's Drug Strategy. The announcement was apparently a response to "Parliamentary committees ... in partnership with provinces, territories, communities and stakeholders." Yet it is questionable, says Alliance MP Vic Toews, the Opposition's senior justice critic, whether the provinces were prepared for this announcement. While there is some work being done to develop roadside screening devices capable of determining whether a driver is stoned, no such technology is currently available, says Mr. Toews. "People will begin to favour marijuana (over alcohol) because it's not as detectable as alcohol," he warns. Mr. Toews (Provencher, Man.), along with Mr. White, also contends that the bill will undoubtedly hurt an already-frosty relationship with the U.S. Drawing from a well-used Alliance argument, they say Bill C-38 could further hamper Canadian exports bound to the U.S. because of increased American security at the border. It also runs directly against Washington's long-standing "war on drugs," they say. But Sen. Nolin says any bilateral repercussions from Bill C-38 can be avoided. It's not a case of American states being against decriminalization of small amounts of pot since there are at least a dozen states -- including California, Alaska and Maine -- that have favoured decriminalization for more than a decade. "There's a way to talk to them and explain why we're doing things," says Sen. Nolin, who advocates a more integrated Canada-U.S. drug strategy. "On this subject, we're avoiding it, and forgetting to explain [ourselves]." Sen. Nolin adds that, according to speculation on the Hill, the bill won't pass in its current form. Certainly, the Senate will give it "a good, hard look," he says. The Hill Times Note: Government's bill to decriminalize marijuana has its share of naysayers. Complete Title: Marijuana Legislation One of Parliament's Top Issues Source: Ottawa Hill Times (CN ON)Author: Scott Foster Published: August 4, 2003Contact: hilltimes achilles.netWebsite: http://www.thehilltimes.ca/Related Articles:Flawed Pot Bill Sends Wrong Message To Youth http://cannabisnews.com/news/thread17004.shtmlPot Bill Has Confused, Contradictory Approach http://cannabisnews.com/news/thread17003.shtmlHave You Ever Smoked Marijuana? http://cannabisnews.com/news/thread17002.shtml Home Comment Email Register Recent Comments Help Comment #3 posted by lombar on August 05, 2003 at 11:11:51 PT More people SHOULD favour cannabis "People will begin to favour marijuana (over alcohol) because it's not as detectable as alcohol," he warns. That's right, the drivers won't weave and crash as much, the smokers wont create public disturbances and then they won't go home and abuse their family. They will find that no matter how much cannabis they consume they will not lose control and/or black out. How horrific.As I read this article I could not help but think, "Eradicate poverty, homelessness, hunger, and war, and I MIGHT cede the government(s) the right to prohibit drugs of any kind". With cannabis prohibition, they have usurped our autonomy from us, like thieves in the night, no real debate. Proponents of prohibition endlessly repeat their litany of lies defending their evil (prison) towers, opponents assail fortress prohibition daily with truth as their blood soaks the ground. Countless victims has this war claimed and continues to claim as our illustrious leaders waffle about this and that; and fail to address the problem head on. Prop up anything that continues prohibition, repeat it a billion times in the mass media. Block any study that proves the medicinal benefits of cannabis, downplay reports like Le Dain and last years senate report because the are not the pre-paid answers that are required to continue to destroy people because of a plant.I'm sick of it all, watching politics is like wading thru a sewer. Rats on all sides and the occasional alligator to chomp you. Any 'nicer' animals can't help but become covered in filth trying to avoid all the rats. The whole thing reeks to high heaven with corruption. Dishonesty is an institution of its own, deceipt is a perfected art.*note - my apologies to the four legged rats for casting such aspersions upon them. Prohibition is a failed and EVIL policy...how hard can that be to grasp? It was for alcohol and it IS for drugs. The ills caused by prohibition FAR outweigh the problems that it is supposed to solve. Bloated police budgets and overflowing prisons and what? Drugs are everywhere, even in the prisons. Year after year of using police to deal with a health issue and what do we have to show for it? Huge debts, rampant disease, and plenty of pure drugs flow in the streets. No end in sight... [ Post Comment ] Comment #2 posted by darwin on August 05, 2003 at 09:13:29 PT Ha Ha... "My blunt analysis is [the government] has introduced this bill for pure political gain," says Sen. Nolin [ Post Comment ] Comment #1 posted by goneposthole on August 05, 2003 at 09:04:51 PT illegal cannabis supports drug abuse methamphetamine, and the plethora of legal 'medications' are far superior to kind bud. Crime flourishes and society tumbles down a path of destruction. So much good from so much bad. Crime is good for the health industry, insurance industry, and the fear factor. No need for cannabis when you have drugs that kill the human spirit. Gotta have turmoil above all else.**sarcasm mode 'on' [ Post Comment ] Post Comment