Pubdate: Mon, 16 Feb 2004
Source: Intelligencer, The (CN ON)
Copyright: 2004, Osprey Media Group Inc.
Contact:  http://www.intelligencer.ca/
Details: http://www.mapinc.org/media/2332
Author: Bill Hunt
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

JUSTICE HUNTER FAVOURS LEGALIZATION OF MARIJUANA

Justice Stephen Hunter, who presides over criminal court in Belleville, 
supports legislation reintroduced in the House of Commons last week that 
would decriminalize possession of small amounts of marijuana.

But Hunter thinks the government should take it a step further and legalize 
the drug.

Hunter was asked his opinion on the Liberal government's legislation 
introduced Thursday that would decriminalize possession of 15 grams or less 
of marijuana. Under the bill, people found in possession of 15 grams or 
less would face a fine rather than a potential jail term and criminal record.

"Decriminalization of simple possession of marijuana will certainly be a 
step in the right direction," said the Ontario Court of Justice magistrate, 
but added it would be more appropriate to legalize it.

"Frankly the more appropriate method would be legalize it and sell it like 
alcohol, regulate it like alcohol, tax it like a luxury tax item and take 
it out of the hands of people who make a profit from criminal activity," 
said Hunter.

He believes the acceptance level among the public is there for adult use of 
the drug if it was regulated and taxed like alcohol. "I think 
decriminalization is an inadequate compromise, if you will, because what it 
does is, it gives all the wrong messages. If you decriminalize it, who's 
going to supply the product?" Keeping it illegal forces people who use it 
to associate with criminals, he said. Hunter doesn't believe 
decriminalization or legalization would increase use of the drug. Studies 
show approximately 30 per cent of the population have used marijuana, he said.

Furthermore, he believes it is "entirely improper" to give people criminal 
records for possession of small amounts of marijuana when alcohol is legal, 
noting a criminal record can have a significant impact on a person's 
ability to cross international borders, to find employment or get an education.

Although police don't generally target people for simple possession any 
more, society still spends hundreds of millions of dollars in judicial 
costs tracking down and punishing people who grow and sell it, and that 
money could be saved if it were legalized, said Hunter. If farmers were 
allowed to grow it, the government would not only generate "an incredible 
amount of tax money, but you'd also save a heck of lot in terms of police 
and judicial resource costing."

"I don't want to encourage anybody to use marijuana. Certainly that's not 
my goal. I wouldn't encourage anyone to use or misuse alcohol. If they want 
to use it, fine. It's an intoxicant. If you're old enough to make those 
decisions and use it responsibly, whether it's Aspirin or alcohol. I think 
it's awfully hypocritical of someone like me who drinks Scotch ... to then 
turn around and say to somebody, 'You can't have a joint.'"

Part of the reason for not legalizing it has to do with political pressure 
from the U.S., he said. "We don't want to alienate our neighbours to the 
south too much. I suppose the political realities are what you have to deal 
with. As a judge, as long as it's the law, I'll uphold it. But if you're 
asking me, is that a good law, well I suppose it's a step in the right 
direction."

Another problem is that purchasing marijuana is included under the 
definition of trafficking, so although possessing it won't be illegal, 
there will still be no legal way to attain it, said Hunter.

"I think what it does do, is it creates an environment where people who are 
making money from a criminal enterprise certainly are not discouraged by 
that. And that's an issue that would go if you legalized it. If you 
legalized it and grew it and sold it as a product like alcohol, and 
regulated it and controlled it as much as you can, kept it out of schools, 
kept it out of people's hands who are under 19 -- as much as one can -- 
then you would probably be better off in the long run."

Hunter doesn't argue that marijuana is a harmless drug, and acknowledges 
many people feel it shouldn't be decriminalized, but said we have to look 
at whether society is being consistent or hypocritical by having alcohol 
legal. Society needs to consider whether there are "better ways to deal 
with the issue, by controlling and regulating and recognizing that a 
substantial part of the population, who are not criminals by nature, are 
using it. I'm sure there are doctors and lawyers and newspaper reporters 
and judges out there who have consumed marijuana. And some of them aren't 
bad people," said Hunter. "The bottom line is, the intoxicant of choice for 
some people is not alcohol."

The other factor to consider is that alcohol makes some people violent. 
While Hunter doesn't use marijuana, he is aware it makes some people 
lethargic and withdrawn, and has negative effects, as does any drug. "There 
are a lot of negatives for any drug or intoxicant. People can get addicted 
to Aspirin for heavens sake. People can get addicted to all kinds of 
things, and people can abuse almost any drug, including coffee, that you've 
got out there. But the bottom line is, in my view, what I see in court, 
it's not nearly as bad a drug as alcohol. Not in terms of the amount of 
crime you see connected to it, not in terms of the issue of impaired 
driving deaths that are caused. None of that, to me, in my experience as a 
judge sitting in court, none of that is attributable to marijuana the way 
it is to alcohol. That is not an argument in itself for making marijuana 
legal. My debate issue for legalization of marijuana is simply the fact 
that you take it out of the hands of the people who profit from criminality 
and put it into a regulatory scheme where you're recovering tax on a huge 
underground economy. That's one person's opinion. I'm not entitled to any 
more validity than anybody else out there."
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