cannabisnews.com: End Criminalisation of Ganja for Adults End Criminalisation of Ganja for Adults Posted by CN Staff on December 23, 2003 at 19:54:28 PT By Paul Chang Source: Jamaica Observer As one of three expert witnesses to testify before Parliament last month in favour of recommendations by the Jamaican National Commission on Ganja to decriminalise the responsible use of cannabis by adults, I am pleased to see that this issue is finally receiving the political discourse it deserves.Few health and safety issues have been as thoroughly investigated as this one. Over the past four decades, federally appointed commissions in the United States, Great Britain, Canada, Australia, New Zealand, Switzerland and elsewhere have conducted inquiries on ganja. Universally, those commissions have recommended amending federal law so that the possession and personal use of cannabis by adults is no longer an offence punishable by arrest or incarceration. This policy, known as "decriminalisation", removes the drug user - and, in most cases, any non-profit distributor - from the criminal justice system, while simultaneously maintaining criminal penalties against those who sell or traffic large quantities of illicit drugs.To date, dozens of countries have enacted various forms of ganja decriminalisation, and in some cases, legalisation. For example, adults no longer face criminal penalties for possessing and using ganja in Spain, Italy, Portugal, Belgium, Germany, Croatia, Switzerland, and The Netherlands, among others. In Australia, several states have enacted regional decriminalisation policies, and in the United States, more than 10 states have had ganja decriminalisation laws on the books for the past 25 years.In addition, governments in Canada, Great Britain and France have recently announced that they will soon be implementing decriminalisation policies nationwide. Jamaica's National Commission on Ganja has similarly recommended decriminalising cannabis for personal and religious purposes, and Parliament ought to move forward with this proposal.Responsible adult cannabis smokers present no legitimate threat or danger to society, and there is no reason for the law to define them as criminals. To do so is to wage war without cause against a significant segment of Jamaica's adult population.In addition, despite opponents' concerns that decriminalisation might lead to an increase in ganja use, national and international studies have found this belief to be unwarranted. A recent study published in the British Journal of Psychiatry examining the prevalence of cannabis use in the Netherlands - where federal law allows for the regulated sale and use of ganja for those over 16 years of age - compared to that of other nations concluded, "The Dutch experience, together with those of a few other countries with more modest policy changes, provides a moderately good empirical case that removal of criminal prohibitions on cannabis possession (decriminalisation) will not increase the prevalence of marijuana or any other illicit drug; the argument for decriminalisation is thus strong." A similar comparison study conducted in the United States concluded that decriminalisation has "had virtually no effect on either the marijuana use or on the related attitudes and beliefs about marijuana use among young people".The use of ganja has long been entrenched in Jamaican culture, and a policy of decriminalisation would be a first and well-advised step in reflecting this cultural reality. By decriminalising the personal possession and use of ganja, Parliament would remove the responsible adult cannabis smoker beyond the reach of the criminal justice system, save precious law-enforcement resources, and stop needlessly destroying the lives and careers of tens of thousands of otherwise law-abiding citizens whose only "crime" is that they prefer cannabis to relax rather than alcohol.Decriminalisation would acknowledge that the responsible use of ganja poses little health or safety threat, and that its use as a medicine, intoxicant, and a sacrament is an established part of the Jamaican culture. Finally, decriminalisation would address the inequity that governs the legalisation and control of tobacco and alcohol while simultaneously prohibiting the use of cannabis - a policy that the commission correctly points out "cannot be rationally justified" and, as such, engenders disrespect for the rule of law in general - particularly among young people. As a result, Parliament should move quickly to enact the National Commission's recommendations and end the criminalisation of ganja for adults.Paul Chang is head of the Coalition for Ganja Law Reform and NORML Jamaica, and a director of the National Alliance for the Legalisation of Ganja.Source: Jamaica Observer (Jamaica)Author: Paul ChungPublished: Wednesday, December 24, 2003Copyright: 2003 The Jamaica Observer LtdContact: editorial jamaicaobserver.comWebsite: http://www.jamaicaobserver.comRelated Articles & Web Site:NORMLhttp://www.norml.org/Useless Ganja Laws http://cannabisnews.com/news/thread18024.shtmlA Rational Decision on Marijuana, Please http://cannabisnews.com/news/thread17959.shtmlNo To Ganja - Jamaica Gleanerhttp://cannabisnews.com/news/thread17954.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by Virgil on December 23, 2003 at 21:53:40 PT Letters to the Editor at the Jamaican Observer There are some letters to the editor that some may want to check out. Ganja hurts no one- http://www.jamaicaobserver.com/letters/html/20031223T220000-0500_53454_OBS_GANJA_HURTS_NO_ONE.aspTell us to criminalise tobacco- http://www.jamaicaobserver.com/letters/html/20031217T210000-0500_53160_OBS_TELL_US_TO_CRIMINALISE_TOBACCO.aspGanja blackmail! - This is someone from Colorada and the LTE has a familar tone- http://www.jamaicaobserver.com/letters/html/20031216T000000-0500_53059_OBS_GANJA_BLACKMAIL_.aspThey do not get many LTE's. If you want to get published, there is a good chance at the Observer. [ Post Comment ] Comment #1 posted by Virgil on December 23, 2003 at 20:43:27 PT NORML on Canadian ruling * For The Moment, Pot Prohibition in Canada Will Continue_______________________________________________________Canada's Supreme Court Rules 6-3 In Favor Of Continuing Marijuana Prohibition"Parliament [is open] to decriminalize or otherwise modify any aspect of the marijuana laws that it no longer considers to be good public policy." Ottawa, Canada: The Canadian Supreme Court announced its ruling today in the case of Malmo-Levine, Caine and Clay, which sought to overturn Canada's marijuana laws as being unconstitutional. The court held that the country's laws prohibiting possession of small amounts of marijuana do not violate the Charter of Rights and Freedoms, the Canadian equivalent to the U.S. Constitution. The justices ruled that any changes in the law must derive from Parliament. "We conclude that it is within Parliament's legislative jurisdiction to criminalize the possession of marijuana, should it choose to do so," said the decision, co-written by Charles Gonthier and Ian Binnie."Equally, it is open to Parliament to decriminalize or otherwise modify any aspect of the marijuana laws that it no longer considers to be good public policy." The Canadian Supreme Court decision indicates that signatories to the 1961 United Nation's Single Convention Treaty on Narcotics, which include Canada, can modify their domestic drug laws, notably marijuana laws, towards a Dutch-like system of decriminalization and tolerance for adult use of marijuana. The decision comes as the Canadian Parliament prepares to reintroduce legislation that would decriminalize the possession of small amounts of marijuana. New Prime Minister Paul Martin will reintroduce a bill to eliminate criminal penalties, including potential jail time and lasting criminal records, for those caught with small amounts of marijuana. The bill also seeks to increase the penalties for large-scale growers and traffickers. Martin says that he supports decriminalization in "very, very, very small amounts" and has invited Parliament to reduce the amount of marijuana for personal use from the original 15-gram proposal. In a separate decision the court also upheld by 9-0 federal law prohibiting possession of marijuana for the purpose of trafficking. University of Toronto law professor Alan Young, who represented Christopher Clay, told The Canadian Press, "Most of the justifications for [marijuana] prohibition have been called into question" in this Supreme Court decision. NORML Foundation Executive Director Allen St. Pierre, "A ruling against marijuana prohibition by Canada's highest court would have been a terrific holiday present to the millions of marijuana consumers and medical patients in Canada - and around the free world. "However, the decision affirms that marijuana can and should be decriminalized in Canada. More importantly, it puts to rest the U.S. government-promoted myth that a country can't decriminalize marijuana - or legalize it - without violating existing international treaties," said St.Pierre. For more information on the Canadian Supreme Court decision Malmo-Levine, Caine and Clay v. Crown, contact NORML Foundation Executive Director Allen St. Pierre at 202-483-5500 or NORML Legal Committee member (and Caine lawyer) John Conroy, 604-852-5110 (www.johnconroy.com). Text of the decision available at: http://www.lexum.umontreal.ca/csc-scc/en/com/2003/html/03-12-23.3.html####################NORML Media Watch NORML was featured prominently in several media outlets this week, including The Boston Globe, The Los Angeles Times and The Washington Times. To read these articles or about other NORML media appearances, check out "NORML in the Media" at: http://www.norml.org/index.cfm?Group_ID=5481Help keep the candle lit by making your New Years resolution a monthly pledge to NORML. Please visit: http://secure.norml.org/join/pledge.htmlSmokers vote in 2004! If you have not already done so, register to vote or change your voter registration address at: http://www.registrationbyworkingassets.com/norml#################### [ Post Comment ] Post Comment