Pubdate: Thu, 09 Oct 2003
Source: Toronto Star (CN ON)
Copyright: 2003 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Tonda MacCharles

LIBERALS TO SPEED BILL EASING POT LAWS

Cauchon Hopes For Legislation To Pass By Christmas

Amendments Still Possible, Minister Says

OTTAWA -- A day after the Ontario appeal court restored the criminal law 
banning marijuana possession, except for medical purposes, the federal 
government moved quickly to push through its controversial bill to ease 
criminal sanctions for pot smokers.

Today, Justice Minister Martin Cauchon will employ a little-used 
legislative tool to refer the pot bill, not to the standing justice 
committee, but directly to a specially reconstituted committee, led by 
Liberal MP Paddy Torsney.

That Commons committee was one of two parliamentary committees examining 
pot laws last year and it recommended easing criminal penalties. A Senate 
committee went further, recommending legalization.

Cauchon said yesterday Torsney's committee already has "expertise" on the 
issue, and would "accelerate" passage of the bill, he hoped, before Christmas.

He called the pot bill one of several priorities this session. "That bill 
has the full support of cabinet colleagues around the table."

Cauchon refused to say whether he doubted prime-minister-in-waiting Paul 
Martin's commitment to the bill.

He called it high time the government changed Canada's pot law because the 
issue has been studied for 30 years.

"When we look at the situation in Canada, there are more and more young 
people using cannabis.

"So that says that, as a society, we are not sending a clear enough 
message. And we want a clearer message."

Since it was tabled in May, the government bill has had no real study in 
Parliament.

It would decriminalize possession of 15 grams (as many as 30 marijuana 
joints) by proposing fines, instead of a criminal conviction and a record, 
for offenders.

Committee study of the bill is to get under way after just three hours of 
debate, before it passes second reading in the Commons.

House leader Don Boudria said referring it before second reading "permits 
amendments beyond the scope of the bill."

Cauchon has said he is open to amendments but would not specify in what areas.

Last week, several provincial justice ministers pressed for changes that 
would deal more harshly with repeat offenders.

Canadian Alliance justice critic Vic Toews said he does not see how the 
committee can examine all the issues raised by softer penalties before 
Christmas.

Toews wants the committee to examine whether looser drug laws will lead to: 
more drug use among young people; more cannabis-impaired drivers, whose 
level of impairment cannot be accurately measured in roadside tests; and 
tougher border controls that might hurt trade with the United States.

The Alliance last year warned against decriminalizing amounts that would 
appear to legalize use and trafficking. It said a more reasonable threshold 
for decriminalization would be 5 grams, or about 5 or 6 joints.

The government bill also toughens penalties for large-scale marijuana 
growers and traffickers and provides $245 million for more drug enforcement 
and education programs.

It does not address medical marijuana use.

It also doesn't address the regulations the Ontario appeal court deemed 
unconstitutional because they force sick people buy the drug on the black 
market.

Medical use comes under the portfolio of Health Minister Anne McLellan.

McLellan said Tuesday she was "heartened" that the appeal court "upheld our 
medicinal marijuana access regulations" but needed to study the decision 
further.

The judges indicated a handful of provisions were unconstitutional, she 
said, "but they upheld the overall regime in light of our interim July 
policy around licit supply of seed and/or product."

Health officials will look at the court's finding that a requirement, in 
some cases, for a second specialist's approval is unconstitutional, she said.

Alliance health critic Rob Merrifield said the courts and the government 
have made a "mistake" on medical marijuana, and have gone too far in easing 
access for users.

"It was a disaster from day one ... they have no scientific evidence that 
it's the drug that should be prescribed."

Another Alliance MP, Dr. Keith Martin, a physician who advocates 
decriminalizing small amounts of marijuana, said sick people should have 
access to the drug "but it has to be controlled. You can't criminalize sick 
people for wanting to pursue relief through marijuana."

Martin does not believe the government should distribute pot. He said it 
should set up a proper regulatory system under which horticulturalists grow 
marijuana, with a prescribed THC level, and distribute it through 
physicians, licensed to prescribe it.
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MAP posted-by: Larry Stevens