Pubdate: Fri, 11 Nov 2016
Source: Northern News (CN ON)
Copyright: 2016 Northern News
Contact: http://www.northernnews.ca/letters
Website: http://www.northernnews.ca/
Details: http://www.mapinc.org/media/2315
Author: Jim Bronskill
Page: 8

LATEST U.S. MARIJUANA VOTES COULD BOLSTER CANADA'S LEGALIZATION
EFFORT: LAW PROF

OTTAWA - Canada's effort to craft a legalized marijuana regime could
be boosted by the move of four more U.S. states to approve
recreational use of the drug, says a Halifax law professor.

As it designs a new system, the Liberal government must address the
fact Canada is a signatory to three international conventions that
require criminalization of the production and possession of cannabis.

The nod this week to recreational pot use from voters in California,
Maine, Massachusetts and Nevada should give Canada more ammunition in
the court of global legal opinion, said Archie Kaiser, a professor in
the schools of law and medicine at Dalhousie University.

"It seems that Canada may be part of an emerging consensus," Kaiser
said in an interview.

The strength in numbers could make it easier for Canada argue that
legalization is the best way to reduce harm, despite the international
treaties that dictate prohibition of pot, he said.

The four latest U.S. states to take the first step toward legalization
of pot join Alaska, Colorado, the District of Columbia, Oregon and
Washington, which have already done so.

The Liberals have promised to legalize, regulate and restrict access
to marijuana to keep it out of the hands of children while denying
criminals the financial profits.

The current system of prohibition does not stop young people from
using marijuana and too many Canadians end up with criminal records
for possessing small amounts of pot, the Liberals say.

The government plans to remove marijuana consumption and incidental
possession from the Criminal Code and create new laws to more severely
punish those who provide the weed to minors or drive under its influence.

A federal task force is slated to report later this month on the many
complex issues associated with legalization and legislation is to be
introduced next spring.

Canadian officials are already aware that early lessons from the U.S.
signal a need to take time to figure out how best to protect public
health under a new system.

The experience of various states "might help illuminate our path more
clearly," Kaiser said.

"There are all these sub-questions which need to be determined and
which will have a great deal to do with the success or failure of the
legalization approach."

Among them: The allowable amount of pot for personal use; how to
ensure quality; whether to approve cookies and other alternative
formats; cracking down on drugged driving; education efforts;
protecting children; pricing; taxation; and revenue.

The C.D. Howe Institute, a prominent think-tank, has recommended the
government consider pardoning people convicted of pot possession - and
drop any outstanding charges - to free up much-needed resources for
legalization.

Currently someone convicted of simple possession of up to 30 grams of
marijuana is eligible to apply for a pardon, now known as a record
suspension, five years after their sentence is completed.

An internal Public Safety Canada briefing note, released under the
Access to Information Act, says the issue of record suspensions will
be "important to consider during the marijuana legalization
discussions."

The federal task force's report "may include recommendations on past
convictions," said Scott Bardsley, a spokesman for Public Safety
Minister Ralph Goodale.

Until new legislation comes into effect, current laws and rules remain
in place, Bardsley added.
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MAP posted-by: Matt