Pubdate: Wed, 03 Dec 2014
Source: Globe and Mail (Canada)
Copyright: 2014 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Jeffrey Simpson
Page: A15

SHOULD CANADA DO A URUGUAY?

Cannabis use is a fact, the theory goes - dropping prohibition for
regulation might lower consumption

Uruguay is a small country trying a big experiment. The country of 3.3
million people, tucked between Brazil and Argentina, has legalized
marijuana, a variation of the policy rather loosely articulated by
Liberal Leader Justin Trudeau in Canada.

Uruguay's decision to legalize pot doesn't do justice to what's
actually happening. Cannabis is being legalized all right, but the
product is being regulated by the state as never before.

Senior Uruguayan officials insist that the legislation's aim is to
reduce cannabis consumption and encourage the population, especially
young people through education programs, to resist using the product.
In other words, legalization is a way of reducing consumption.

According to the legislation, they hope that by the state taking over
the "importation, exportation, planting, cultivation, harvesting,
production, procurement in any capacity, storage, commercialization
and distribution of cannabis," consumption will decline.

They further believe that state control will wrest cannabis and its
profits from drug gangs, since they estimate that cannabis represents
80 per cent of the traffickers' business. Hard drugs, such as heroin,
are not covered by the legislation. They will remain illegal.

Milton Romani Gerner, special adviser to the Foreign Ministry for
drugs, explains that "Uruguay has a long history of regulating social
vices." He, like those who favour the legislation, says experience
shows that for "social vices" such as alcohol, tobacco and
prostitution, "regulation is better than prohibition."

Should Canada follow Uruguay's path? he is asked. "We wouldn't like
our experience to be copied. It's an experiment. It's rooted in our
country's cultural traditions, and it has to be adapted to the
traditions of others. We would like the Uruguayan experiment to
encourage others to consider the problem."

Before this experiment, everything related to the cannabis market was
a criminal offence (as it remains in Canada) even though Uruguay
police seldom laid charges for possession. Cannabis passed into
Uruguay from other parts of South America, principally Paraguay by way
of Brazil or Argentina.

Uruguayan officials believe the cross-border trade will stop because
cannabis will be legally available. No marijuana sale in Uruguay will
be authorized for export - the great fear that the United States has
about legalization in Canada, or that it had, before some states
legalized pot.

Political will produced this change. Outgoing President Jose Mujica,
an immensely popular figure and a leftist politician, used his
political capital to push through the changes. Public opinion polls
suggested a majority of Uruguayans opposed the change, but he persevered.

His successor, Tabare Vasquez, won re-election last Sunday. His
opponent, a centre-right politician, had promised to scrap the
legislation. Mr. Vasquez's victory, combined with his party's control
of the Chamber of Deputies and the Senate, means the cannabis law will
remain on the books.

Only time will tell whether Uruguay's plans will unfold as
anticipated. Only those over 18 can buy the product, and use will be
monitored by a national registry. People will be allowed to buy only
from the state: up to six plants at their home, or by joining an
authorized club that will buy product from the state.

These clubs must have between 15 and 45 members. The number of
cannabis plants each club can plant will depend on the size of the
membership. The amount and type of marijuana available for purchase
will be determined by the state, which will be buying the product from
licensed growers.

Anyone, or any company, who tries to grow marijuana outside the law
will face prison sentences ranging from 20 months to 10 years. A new
government agency, the Institute for the Regulation and Control of
Cannabis, will oversee the entire system.

Will legalization through regulation work? The theory is simple,
although controversial: Marijuana consumption is a fact. Making it
illegal has not dented consumption patterns nor done much to combat
whatever medical problems it might cause.

Trying to regulate marijuana's use might eventually lower consumption
and, at the very least, allow the state to get a better grip on the
juiced-up varieties of marijuana that are available when the product
is mixed with harder drugs.

Uruguay is geographically small and quite socially cohesive. Canada
splits responsibilities between Ottawa and the provinces. It shares a
border with only one country. Doing a Uruguay in Canada would be more
complicated, even if it were worth trying.
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MAP posted-by: Matt