Pubdate: Wed, 09 Mar 2016
Source: Manitoban, The (CN MB, Edu)
Copyright: 2016 The Manitoban Newspaper Publications Corporation
Contact:  http://www.themanitoban.com
Details: http://www.mapinc.org/media/2665
Author: Jill Patterson

MARIJUANA LEGALIZATION IN CANADA IS COMING...EVENTUALLY

Policy Infrastructure Needs to Be in Place Before Full Legalization

Since Justin Trudeau's election there has been mounting pressure to 
see fulfilled his promise to legalize the recreational use of 
marijuana. Although the criminalization of marijuana has had more 
negative consequences than benefits, we still need to be mindful of 
the various legislative implications that full legalization would have.

As it stands now, in Canada it is legal to purchase and consume 
marijuana with a prescription, but it remains illegal and a criminal 
offense to do so without the proper paperwork.

We must distinguish between decriminalizing the drug and legalizing 
it. Marijuana, in some countries, is illegal but decriminalized, 
meaning that while not technically legal, there are no criminal 
penalties applied if you are caught with small amounts of it.

Legalization, on the other hand, means consuming the drug is allowed, 
and as a result frequently regulated by the government. It is 
important to understand the distinctions because they have very 
different social and economic implications. Trudeau has promised to 
fully legalize marijuana, but before that can be done there are 
several barriers and issues that need to be examined.

First and foremost, we need a large and extensive public education 
campaign to clear up many of the myths that surrounding the drug. 
Contrary to what many young people think, marijuana can be harmful to 
the body of a still-developing teenager. Contrary to what many older 
people think, marijuana does not act as a gateway drug leading to the 
use of "harder" narcotics; it can in fact be safely consumed.

We also need to remember that just because the drug may become 
state-sanctioned does not mean that it is safe to consume in any 
quantity. Alcohol provides a good example of this: although it is 
legal to consume alcohol there is a long list of rules dictating when 
it is not acceptable to consume it.

Which leads me to my second point: before marijuana is legalized 
there needs to be an extensive policy framework put in place in order 
to properly regulate it. A big part of this framework will have to be 
laws regulating when and under what circumstances it is legal to use 
marijuana. We would need to determine to what extent an individual 
can use the drug - what would constitute driving while under the 
influence? Where would people be allowed to use the drug, and how? 
Can they ingest it or just smoke it? Can they consume it in public or 
only in their own homes? Will there be designated public areas where 
it will be legal to consume?

As well, similar to alcohol and cigarettes, it will need to be 
determined if - and under what circumstances - recreational marijuana 
can be advertised, if there are to be various companies and 
dispensaries involved in producing and distributing the product. 
Which leads to another issue: who can grow and sell it?

In the case of alcohol, under certain circumstances individuals can 
produce their own liquor for personal use, but for other types of 
alcohol it is prohibited to make it in your own home, and it is never 
permitted to sell the alcohol you make. We need to determine if there 
are any circumstances under which growing your own marijuana will be 
allowed - though a recent ruling by the Supreme Court has indicated 
that, at least for medical users, it is unconstitutional to prohibit 
growing for personal use.

There are also retroactive implications regarding those who have been 
incarcerated for marijuana-related offenses. What happens to these 
individuals once it is legalized? Will they be immediately issued 
pardons and, if currently incarcerated, will they be released? From a 
moral stance will these individuals be offered any restitution for 
being imprisoned "wrongly"?

There are also more practical questions and issues to be dealt with, 
such as prices. If the price is too high, people will look elsewhere 
for a more affordable (and illegal) product. If the price is too low 
then there are lower tax revenues, and no incentive to produce it.

Although legalizing marijuana would have significant benefits for 
society, it most likely will not be the utopian pot-smoking stoner 
society everyone is imagining. It will likely still be illegal to 
smoke in public and to grow your own stash. The legalization of 
marijuana will probably look a lot like that of alcohol: it can only 
be used in the home and designated areas, and will not be openly 
advertised or available to just anyone. In fact, it may become more 
difficult for youth to access and we may end up with stiffer 
penalties for people using the drug illegally. Legalization of 
marijuana necessarily means regulation, so be careful what you wish for.
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MAP posted-by: Jay Bergstrom