Pubdate: Wed, 28 May 2003 Source: Chatham Daily News, The (CN ON) Copyright: 2003 Chatham Daily News Contact: http://www.canada.com/chatham/ Details: http://www.mapinc.org/media/1627 Author: Erica Brown POT DEMAND WILL INCREASE, CHIEF PREDICTS Ottawa Introduces Law to Decriminalize Minor Possession Local News - Chatham-Kent's top cop is worried about the brain cells of local youth if pot use becomes less of a crime. Chief of Police Carl Herder said proposed reforms to Canada's marijuana legislation -- which would see possession of up to 15 grams of pot a minor offence punishable by a fine -- sends the wrong message to young people. "The proposed decriminalization of small amounts will increase the demand for marijuana to our youth," he said. "I think the new legislation encourages the use of cannabis, rather than discourages it." Under the proposed legislation, announced Tuesday by Justice Minister Martin Cauchon, youths could face fines of up to $250 for minor possession while adults could be fined $400. Penalties could be greater if "aggravating" factors are present, including possession while driving or while on school property. Possession of pot, even for personal use, would still be against the law under the new regime. The legislative changes would simply eliminate the threat of jail time and a criminal record for small-time users. Police would have discretion to give a ticket or lay a criminal charge for possession of 15-30 grams of pot. Herder said the new Youth Criminal Justice Act, which came into effect April 1, already requires police to choose alternatives to criminal charges against youth found in possession of small amounts of pot. The proposed legislation would see those youth get a fine and remove the threat of a criminal record, he said. "I think there should be a greater focus on preventing and deterring drug use among Canadians, especially our youth," Herder said, adding minimizing the law does the opposite. "As front-line professionals in policing we see the impact of drugs in society and we share a goal of encouraging all Canadians, especially our youth, to stay drug-free." The chief said pot is already a problem here. "I think the amount of drug use in the country and in Chatham-Kent is already at unacceptable rates," he said. Herder said the government should funnel more money into arming police with tools to combat drug use instead of making it more acceptable. While the proposed legislation lightens the penalty for users, it promises a tougher line against growers and dealers. The maximum sentence for illicit growers would be boosted to 14 years in prison from the current seven. The penalty for trafficking would stay the same, with a maximum life sentence. But Herder fears lighter laws will increase the market for the drug and where the demand grows so does the supply. "My opinion, as a chief of police, is it is going to create an atmosphere of a greater supply," he said, adding stiffer sentences won't be a deterrent "when the reward for growing marijuana will be so great." Herder said possession charges aren't keeping police too busy as the majority of the charges laid are a result of searches of people arrested for other offences. By contrast, he said out of the $7 million worth of drugs seized last year, 85 per cent was marijuana from grow operations. Ottawa also plans to set aside an additional $245 million for law enforcement efforts and education, information, research and treatment programs aimed at curbing drug use, especially among youths. The Liberal government had been promising action since last fall to decriminalize possession of small amounts of marijuana. Pressure increased with a recent series of lower court rulings against the current federal drug law, and a constitutional challenge currently before the Supreme Court of Canada. Attempts were made Tuesday to reach federal prosecutor Tim Mathany for comment. - --- MAP posted-by: Alex