Pubdate: Mon, 15 Mar 2004
Source: Kitchener-Waterloo Record (CN ON)
Copyright: 2004 Kitchener-Waterloo Record
Contact:  http://www.therecord.com/
Details: http://www.mapinc.org/media/225
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

NEW POT LAW COULD BOOST POLICING COSTS

The federal plan to decriminalize possession of small amounts of marijuana 
could increase policing costs, not reduce them as many predict, according 
to internal RCMP notes.

The revelation is among several spelled out in newly disclosed briefing 
materials prepared by the national police force.

The Mounties take issue with the oft-repeated assertion that the existing 
pot law is enforced unevenly across Canada, and express concern about some 
elements of the new legislative package.

Several pages of RCMP notes, compiled from May through December of last 
year, were obtained by the Canadian Press under the Access to Information 
Act. The latest statistics show police laid a record number of drug-related 
charges in 2002, with 75 per cent of the 93,000 incidents involving pot.

Under the bill now before Parliament, possessing less than 15 grams of 
marijuana -- 15 to 20 joints -- would no longer be a criminal matter but a 
ticketing offence punishable by a fine of $150 for an adult or $100 for a 
youth.

Some advocates argue the legislative proposals will free up valuable police 
time for more serious matters, but the Mounties remain to be convinced. 
"Which way the volume of marijuana offences will go is difficult to say," 
the RCMP notes say.

The Mounties believe a key factor would be how many of the tickets issued 
under the new proposals end up being challenged.

"If a large percentage of the tickets issued were contested in court and 
police officers were called to testify, our costs might actually increase."

A number of activists pushing for legalization -- not just 
decriminalization -- of marijuana have promised to protest the federal 
changes by routinely challenging fines.

Eugene Oscapella of the Canadian Foundation for Drug Policy, which favours 
legalization, said it is "quite likely" costs to police will rise under the 
changes. "Some people in the reform movement are arguing that they should 
just clog up the courts, and that's one tactic."

The federal government says that in large cities police are much less 
likely to lay a charge for possession of small amounts of cannabis than in 
other parts of the country.

The Mounties deny the suggestion, saying the force strives to enforce the 
law "in a consistent manner, keeping in mind the policing priorities of the 
regions it serves." There is no evidence "this would be any different if 
the new reform is adopted in Canada," the notes say.

The Mounties supported the idea of ticketing provisions for marijuana 
possession, the notes add, but only if police officers would be able to 
retain the current option of issuing a summons to appear in criminal court 
for even very small quantities.

This would be reserved for cases in which "aggravating factors" made the 
option of a criminal charge more appropriate. However, the government did 
not follow the RCMP's advice.
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MAP posted-by: Jay Bergstrom