Pubdate: Mon, 29 Jul 2002
Source: Daily Herald-Tribune (CN AB)
Copyright: 2002 Daily Herald -Tribune
Contact:  http://www.dailyheraldtribune.com/
Details: http://www.mapinc.org/media/1840
Author: Doug Brown
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

POT LAW CHANGES MAY HAVE MERIT

Local Lawyer Involved in Prosecution of Drug Offences Pushes Move for 
Consistency

A proposal to change Canada's drug laws to make the punishments cannabis 
consumers face more consistent is being defended by the Grande Prairie 
lawyer who spent the past five years prosecuting them.

Until April of this year, local attorney Morris Golden was the federal 
agent for the Grande Prairie area, prosecuting any cases that fell under 
Canada's Controlled Drugs and Substances Act.

He says the leeway allowed for each court in determining sentencing for 
charges under current drug laws means some small-time users get off easy, 
while others are slapped with a hefty fine, depending mainly on where 
they're caught.

"Throughout the province and the country you have different fines in 
different jurisdictions, ranging from around $100 to $500 for a simple 
possession charge," said Golden.

"Each individual jurisdiction has developed their own policies for dealing 
with these cases."

Although Golden says he agreed with changes being discussed in government 
that would replace the patchwork of punishments with a flat fee - much like 
a traffic ticket - he stops short of endorsing decriminalization of 
marijuana completely.

"I'm not sure if I support it yet because I'm not sure what's being 
proposed. But to just suggest we decriminalize it could create another set 
of problems to deal with," said Golden.

Making possession of pot no worse an offence than breaking the speed limit 
could lead to a boom in grow operations and trafficking, which would both 
remain illegal under decriminalization.

Golden said the only logical step would be for government to start growing 
and marketing marijuana itself.

"Is the state going into the growing and distribution of it? If you're 
going to (decriminalize marijuana) you might as well make the revenue off 
of it the same as with cigarettes."

Proponents of marijuana decriminalization say people busted for having 
small amounts of the drug shouldn't be penalized with a criminal record.

But Golden said Canadian criminal law has already been moving slowly 
towards making possession almost a non-crime with amendments to federal 
drug laws.

Possession charges under 30 grams of marijuana don't show up on the 
standard criminal records check, he said, and won't prevent people from 
crossing the Canada-U.S. border.

"In some situations there has been a movement towards decriminalization 
anyway."

The debate over decriminalization was fueled last week by an admission from 
Canada's justice minister that he will consider the possibility after the 
senate releases a report later this summer.

But one of his main reasons for easing-off small-time users - to free up 
police resources - isn't valid, said Golden.

"I don't think that argument makes any difference," he said.

Police would still need to respond to infractions to issue the tickets, and 
the courts would still be forced to handle challenges to the fines.

"There is a fair bit of police time spent on simple possession, but I don't 
think (decriminalization) will free up anything."

The current federal agent for the Grande Prairie area - Robert Wadey - 
declined to comment.
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MAP posted-by: Terry Liittschwager