Pubdate: Thu, 28 Oct 2004 Source: Sudbury Star (CN ON) Copyright: 2004 The Sudbury Star Contact: http://www.thesudburystar.com Details: http://www.mapinc.org/media/608 Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) PRESSURE ON THE COURTS This week in a Sudbury courtroom, a Sudbury-area man was sentenced to six months of house arrest after he pleaded guilty to marijuana production. In 2001, 56 marijuana plants were found growing in and around his home, which the man, 56, and his wife claim were mostly for the medical purposes of a friend suffering from Hepatitis C and diabetes. While leniency was certainly warranted in this case, as there should be for cases involving the use of pot on compassionate grounds, it raises several questions about the status of marijuana production and possession laws in Canada, and the way they are prosecuted. This case took three years to wind its way through the courts, long enough that the friend for whom the pot was being grown died awaiting trial in 2003. There have been several fines levied for marijuana possession in Ontario courts this week. In Pembroke, a man received a $1,500 fine after pleading guilty to growing 11 marijuana plants outside his home and possession of five grams of dried marijuana inside the home. And in Windsor, a woman charged with growing 103 pot plants with an estimated street value of $132,000 pleaded guilty and was placed on two years probation and ordered to pay $5,750 in penalties. Each of these cases followed lengthy police investigations and took more than a year to wind through the courts before fines were levied. Increasingly, these cases are unnecessarily choking up our court system. In 2002, courts across Canada registered 93,000 drug-related convictions. Seventy-five per cent involved marijuana, and 75 per cent of those were for simple possession. More than half of the possession convictions led only to fines. We can only imagine how much police and court time has been dedicated to the investigation and prosecution of the possession charges that led to the fines, but it's hard to imagine it was worth it all. To be sure, no one wants to encourage marijuana use -- it is, after all, a carcinogen -- but it's becoming increasingly obvious that authorities cannot discourage marijuana use through prosecution of either its possession or production. A year ago, the federal government recognized this and promised to reform the laws that restrict marijuana use. Last winter, Parliament debated legislation that would decriminalize possession of marijuana under 15 grams -- enough for 15 to 20 joints. It would have meant anyone found in possession of that amount would be handed a ticket and a fine that could be paid like a speeding ticket -- without tying up court time. Unfortunately, those plans went no where, and with Prime Minister Paul Martin, who promised to bring this issue to a resolution, now leading a precarious minority government, it's unlikely to be dealt with until after the next general election at the earliest. In the meantime, recreational marijuana use is commonplace in Canadian society, across many age groups. A 1996 Senate review on marijuana laws concluded -- it thought conservatively -- that as many as three million Canadians were recreational tokers. The goal of those who would reform the pot laws is to ensure that those three million Canadians never see the inside of a courtroom. It's still a goal worth aiming for. What do you think? Send us your opinion in a Letter to the Editor - --- MAP posted-by: Derek