Pubdate: Fri, 02 Oct 2015
Source: Peterborough This Week (CN ON)
Copyright: Metroland Printing, Publishing and Distributing
Contact:  http://www.mykawartha.com/peterborough-on/
Details: http://www.mapinc.org/media/1794
Author: Todd Vandonk

WHAT ARE THE CONSEQUENCES IF MARIJUANA IS LEGALIZED?

The Conservatives Have Set Minimum Sentences but Others Advocate for 
Tickets Instead of Jail Time

Plead guilty or go to jail.

Those were Kim Hale's options after police raided his rural property 
and found 30 marijuana plants hanging in a barn nearly a year ago. 
After multiple court visits, rather than go to trial and risk jail 
time, the 56-year-old pleaded guilty to production of marijuana in 
August. He was hit with a sentence of 18 months probation and a $9,100 fine.

"It turns you right into a criminal and to me that is barbaric," says Mr. Hale.

Stephen Harper's Conservatives' tough-on-crime approach introduced 
new mandatory minimum sentences in 2012 for people caught 
trafficking, possessing or growing marijuana. A minimum sentence for 
the production of six to 200 plants is six months while 201 to 500 
plants leads to a two-year minimum sentence. Heading into Oct. 19 
federal election, opposition parties are campaigning for the 
legalization or decriminalization of marijuana.

"Even the United States is realizing that incarceration as a way to 
solve problems is not only expensive but wasteful and doesn't solve 
the problem so having minimum sentences and taking that decision out 
of judges hands is really not a prudent move," says local NDP 
candidate Dave Nickle, noting the NDP supports decriminalizing marijuana.

"First and foremost, we don't send young people to jail or give them 
criminal records and I think that is really important. So many young 
people have a criminal records because they were smoking for 
recreational use and that is a huge waste of human potential."

The Liberals want to take it one step further and legalize marijuana 
and put regulations on it.

During a campaign stop in British Columbia on Wednesday (Sept. 30), 
Liberal Leader Justin Trudeau said legalization could happen anywhere 
from a month to "a year or two" into a Liberal government, but he 
would make sure the process gets underway shortly after taking power, 
if he becomes prime minister.

Local Liberal candidate Maryam Monsef says alcohol and tobacco are 
examples of how specific regulations can protect our youths and 
generate tax revenue while taking proceeds away from criminal organizations.

"The reality is that Mr. Harper and his Conservative approach to 
marijuana is failing our children," she says, noting that a recent 
World Health Association report stated that Canada teens are the 
highest marijuana users among the countries surveyed.

"If we pass smart laws that tax and strictly regulate marijuana we 
can better protect our kids while preventing millions of dollars from 
going into the pockets of criminal organizations," she says.

Conservative candidate Michael Skinner says his government would 
continue to be tough on marijuana laws and legalizing it would make 
it easier for children and teens to get their hands on it.

"The side effects of marijuana is the reduction of productivity and 
if we want to continue to boost our economy in Canada, we need 
productive people," he explains.

Marijuana advocates say the Canada government need to look no further 
than across the border in Colorado -- where marijuana legalization is 
bringing in millions of dollars of revenue per month while 
simultaneously benefiting schools and contributing to a drop in crime 
rates -- to see the benefits. But Mr. Skinner says they still have 
their problems.

"They still have drug dealers operating and organized crime and a lot 
of things that come with that side of the business is still 
happening," he says.

City deputy police chief Tim Farquharson agrees that legalizing pot 
won't scare away organize crime groups from the illegal business of 
growing and trafficking pot.

"Organized crime is controlling at least a third of the tobacco 
industry and it's legal so that argument has been proven wrong."

However, the City force, along with Canadian Association of Chiefs of 
Police, support ticketing people for possession of marijuana - 30 
grams or less - rather than laying a criminal charge.

"We are advocating in this case for another discretionary tool and 
that would the ticketing option," he says.

Under the Harper government, marijuana incidents and charges have 
gone up by about 30 per cent between 2006 and 2014 while authorities 
deal with pot possession incident every nine minutes in Canada, 
according to 2014 statistic Canada figures. Not so much in 
Peterborough, according to Deputy Farquharson, noting it isn't a top 
priority and they don't lay a lot of possession charges unless it is 
connected to another crime.

"Starting around 2000, pharmaceuticals became are problem so it 
diverted a lot attention from marijuana because you only have so many 
resources," he explains.

"That (pharmaceuticals and crack cocaine) is what is causing a lot of 
what police is going to from break and enters to robberies to home 
invasions, and assaults."

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[sidebar]

Mandatory Minimum Sentences for Schedule II Drugs (cannabis and marijuana)

* Trafficking: 1-2 years minimum

* Possession for the Purpose of Trafficking: 1-2 years minimum

* Importing/Exporting: 1 year minimum

* Possession for the Purpose of Exporting: 1 year minimum

* Production of 6 - 200 plants: 6 months minimum With Health and 
Safety Factors: 9 months minimum

* Production of 201 - 500 plants: 1 year minimum With Health and 
Safety Factors: 18 months minimum

* Production of more than 500 plants: 2 years minimum With Health and 
Safety Factors: 3 years minimum

* Production of oil or resin: 1 year minimum With Health and Safety 
Factors: 18 months minimum
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MAP posted-by: Jay Bergstrom