Ottawa Citizen
June 14, 1998
Front Page
letters@thecitizen.southam.ca
http://www.ottawacitizen.com/By Jim
Bronskill
(Ed. note: This is hardly a bold move, but it puts further
pressure on the government to do something. After all, this is an "official"
recommendation, but the politicians will do nothing for as long as they can get a way with
it. Basically, this is a pragmatic, but still prohibitionist reform. For interim measures,
there are better proposals.)
See
Three Prominent Canadians Call
On Attorney General To Tell Police To Stop Enforcing Cannabis Prohibition
RELAX MARIJUANA LAWS SAYS FEDERAL STUDY
Cannabis Possession Warrants Fines, Not Jail Time, Government Report Says
A federally funded think-tank on drug abuse recommends decriminalizing marijuana
possession.
The Canadian Centre on Substance Abuse says existing criminal penalties against
marijuana smokers have done little to enhance public health and safety, while placing a
heavy burden on police and the justice system.
The centres newly published study, Cannabis Control in Canada, proposes dropping
jail as a possible punishment for marijuana possession. Instead, the offence would become
a civil violation, subject to a fine only.
"The available evidence indicates that removal of jail as a sentencing option
would lead to considerable cost savings without leading to increases in rates of cannabis
use," says the study.
The new approach would remain consistent with Canadas
international treaty obligations to prohibit marijuana possession.
But it would spare those convicted of the offence from being saddled with a criminal
record.
The study warns, however, that far from being a benign drug,
marijuana can have harmful effects on the respiratory system, physical co-ordination,
fetal development and memory.
It says decriminalization should be accompanied by new prevention programs and a strong
message that the move does not signal less concern for the potential problems caused by
cannabis use.
The paper was prepared last month by the centres National
Working Group on Addictions Policy.
The centre was created by Parliament in 1988 to promote debate on substance abuse
issues and to support organizations involved in education, prevention and treatment.
"The vast majority of Canadians no longer favour jail sentences for simple
possession of cannabis," concludes the study.
"The civil violation option offers the best opportunity to achieve the most
appropriate balance between the need to reduce the harms associated with cannabis use and
the need to restrain the costs and harms involved in attempts to control use."
The federal government, however, appears wary of the proposal.
A recent Health Department memo obtained by the Citizen notes that once an activity has
been legalized, it is very difficult to outlaw it again.
"Moving too swiftly to liberalize the use of marijuana may result in an inability
to control problematic use in future," says the memo by the departments
assistant deputy minister for policy.
Intense public debate about drug policy was sparked by last winters decision to
temporarily strip Canadian snowboarder Ross Rebagliati of his Olympic gold medal for
having a trace of marijuana in his system.
See
The Legalization
of Cannabis Is Now Even More Firmly on The Public Agenda in Canada --
Thanks to Rebagliati
Marijuana is the most commonly used illicit drug in Canada, with
possession accounting for about half of the more than 60,000 drug offences recorded
annually. About 2,000 people are jailed for possession each year.
Hundreds of thousands of Canadians have a criminal record for marijuana possession,
making it potentially difficult for them to enter certain countries or gain employment in
some professions.
See
If Canadians
Admit to Ever Having Used Marijuana They Can Be Barred For Life From Entering U.S.
The federal government softened the laws somewhat last year, making
possession of a small amount of cannabis punishable by up to six months in jail and/or a
$1,000 fine. Individuals cannot be fingerprinted and no easily traceable information
appears in computer databases. But those convicted still have criminal records.
The study suggests the new penalty would essentially amount to a ticket, easing the
burden on the justice system. However, when some Australian states moved to a similar
system, more people than anticipated fought the ticket, contributing to court costs, notes
the Health memo.
"This is an extremely complex issue with many dimensions and at present there are
many information gaps, making the forecasting of outcomes difficult."
Another note by a department analyst suggests more public education in advance of any
changes. "There is obviously a need for a post-Rebagliati injection of
drug education before drug policy takes a snowboard downhill."