Pubdate: Tue, 23 Dec 2003 Source: Red Deer Advocate (CN AB) Copyright: 2003 Red Deer Advocate Contact: http://www.reddeeradvocate.com/ Details: http://www.mapinc.org/media/2492 Author: Benson Lee Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) LIBERALS' POT DECRIMINALIZATION BILL UP IN SMOKE? TORONTO - For a while it looked like we were poised to become Amsterdam West: cafes with patrons openly enjoying joints alongside lattes, activists toking up outside police stations with impunity, and government plans to make marijuana available to the chronically ill. But while that pipedream has apparently gone up in smoke, the ongoing debate over the sweet leaf's place in Canadian society - whether for medicine or for pleasure - promises to grow more heated in the coming year. With the federal government courting decriminalization - still a thorny issue among the ruling Liberals themselves - Canadians have found reason to voice their opinions on the contentious topic. An Ipsos-Reid poll of 1,001 Canadians conducted in May suggested that 55 per cent of respondents did not believe smoking marijuana should be a criminal offence. Those advocating decriminalization say it doesn't make sense to saddle people with criminal records for being busted for simple possession, such as smoking a joint. They also say it will reduce traffic in an already congested court system. Those against decriminalization say marijuana is a so-called ''gateway'' drug that will cause users to progress to harder drugs such as cocaine and heroin. They also say it will harm relations with the United States, which remains in War on Drugs mode. But things have been complicated by the federal government's cautious steps toward providing cannabis to the ill. Proponents say marijuana stimulates the appetite, relieves pain and reduces stress - although the medical community remains divided over such claims. The decriminalization movement burst into the forefront this year when an Ontario Superior Court judge ruled in May that possessing less than 30 grams of marijuana was no longer against the law in the province. A lawyer had successfully argued that since there was no effective program for sick people to possess medical marijuana without breaking the law, then the law didn't prohibit possession. Police organizations in Ontario subsequently said they wouldn't lay charges for simple possession until the laws were clarified. The court decision prompted similar rulings around the country and opened the floodgates for recreational users to enjoy a jubilant summer of toking freely - even in certain public cafes. B.C. cannabis guru Marc Emery, who publishes Cannabis Culture magazine and sells marijuana seeds online, went on a coast-to-coast Tour de Pot this summer, holding rallies and lighting up outside police stations in Vancouver, Edmonton, Calgary, Regina, Winnipeg, Toronto, Moncton, N.B., Halifax, Charlottetown and St. John's, Nfld. Emery practically dared the cops to arrest him - which they sometimes did. The Canadawide case of reefer madness was apparently contagious. Former prime minister Jean Chretien, who tried unsuccessfully to fast-track a decriminalization bill before leaving office earlier this month, seemed to amuse the country when he suggested in an October interview that he might puff on pot one day. ''Perhaps I will try it when it will no longer be criminal,'' Chretien mused. ''I will have my money for my fine and a joint in the other hand.'' Chretien had argued for fines instead of jail sentences for simple possession, while adding that growers and traffickers would still face stiff penalties. Although the bill was expected to pass this fall, Chretien officially ended his last legislative session in mid-November, leaving it in limbo. Prime Minister Paul Martin has said he supports decriminalization in principle and that he will reintroduce the legislation in the new year - but likely with amendments to make it tougher. Alan Young, a Toronto lawyer, law professor and self-styled cannabis crusader, said he expects the bill to die. ''If history repeats itself, one could safely conclude that this will not be resurrected,'' he said, referring to a similar bill in the late 1970s that went nowhere. Young pointed instead to a case currently before the Supreme Court of Canada that may be more significant. It questions the government's authority to criminalize a relatively harmless substance - in this case, marijuana. An Ontario judge had previously ruled in 1997 that cannabis is relatively harmless - a finding that was considered a factual conclusion. The key issue is whether criminal penalties for simple possession violate the Charter of Rights and Freedoms. The court is to make its judgment Dec. 23. While Young stopped short of saying the case would set a precedent, he did emphasize its importance. ''It has significance because this court for the first time is going to decide whether Parliament has a threshold they must meet before they can enact criminal law,'' he said. ''In theory, without this case, Parliament tomorrow can criminalize the cultivation of roses.'' Even if the Supreme Court upholds the constitutionality of the current law, Martin's government will likely still move to change it. With the issue of medical use inextricably entwined with that of recreational use, an Ontario court made simple possession illegal again in October while firming up the rules on how medical users could obtain their cannabis supply. ''In terms of decriminalization, it was a huge setback,'' Young said. ''In terms of slow movement toward improving the medical program, it was a step forward. But we lost a lot of momentum at the end of this year on decriminalization by having the October court case not consider invalidation of the criminal prohibition as a response.'' Despite Ottawa's good intentions, efforts to supply medical users have proved inept, as the government-sanctioned marijuana first made available in August has been widely criticized for its inferior quality. Some users demanded refunds, calling the weed ''disgusting'' and ''unsuitable for human consumption.'' Others said it was too weak to be effective. One man even said it made him vomit. One frustrated user found the quality so poor that he rejected the government shipments and applied for a growing licence instead. Philippe Lucas, director of Canadians for Safe Access, a Victoria-based patients' rights group pressing for a safe, effective supply of marijuana, said independent lab analyses of the government cannabis showed high concentrations of toxic lead and arsenic. ''I've tried the government cannabis, and I can attest to its incredibly poor quality,'' said Lucas, who is allowed to use marijuana to deal with the side-effects of hepatitis C. - --- MAP posted-by: Josh