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Canada Bill Eases Penalty For Having, Growing Pot
Pubdate: Wed, 28 May 2003
Source: Detroit Free Press (MI)
Copyright: 2003 Detroit Free Press
Contact: http://www.freep.com/
Details: http://www.mapinc.org/media/125
Author: Free Press News Services, Cecil Angel contributed to this report.
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
CANADA BILL EASES PENALTY FOR HAVING, GROWING POT
The Canadian government introduced legislation Tuesday to decriminalize
possession of small amounts of marijuana but set stricter penalties for
those apprehended for trafficking the drug.
Under the bill, anyone caught with up to 15 grams -- enough for 15 to 30
joints -- would only be fined, and criminal penalties would be reduced for
people growing up to 25 marijuana plants.
"We have to ask ourselves as a society: Does it make sense that a person who
makes a bad choice can receive the lasting burden of a criminal conviction?"
said Justice Minister Martin Cauchon.
He said police would have more resources to go after large growers. Under
the bill, the maximum sentence for illegal growers would increase from 7 to
14 years in prison. Trafficking would remain punishable by up to life in
prison.
The bill also would include about $150 million for an education, research
and treatment program aimed at persuading young people to not use drugs.
"The bottom line of this proposal is to create the most effective way to
deal with the drug problem through a number of ways," Cauchon said.
Pressure within Canada to change marijuana laws has been building because of
the drug's common use, a string of lower court rulings and a constitutional
challenge in the nation's Supreme Court to legalize the drug.
Prime Minister Jean Chretien made the proposal a priority of his last year
in office.
Recent polls show most Canadians believe that youths caught possessing small
amounts of marijuana should not be penalized with a lasting criminal record.
U.S. antidrug czar John Walters has said the United States would be forced
to increase border searches if marijuana is decriminalized. U.S. officials
said legalizing the drug would increase supplies and trafficking.
"What assurances can this government give us that its pet project on
marijuana isn't going to jeopardize legitimate trade with the United
States?" Stephen Harper, leader of the Canadian Alliance -- Parliament's
largest party -- asked Tuesday.
Cauchon shot back: "Canada is a different place with different values."
Canada has traditionally adopted more liberal social policies than the
United States: diplomatic ties with Cuba, a ban on capital punishment and
more lenient immigration policies. Most recently, Canada refused to join the
U.S.-led coalition fighting in Iraq, saying it would participate only under
United Nations auspices.
Canada would levy a fine -- about $110 in U.S. dollars -- on adults and
about $73 U.S. for youths possessing up to 15 grams. Possible penalties
would increase for possession of 15 to 30 grams, for "aggravating factors"
such as driving a car while in possession and for possession of cannabis
resin, a more concentrated version of marijuana.
For 15 to 30 grams, police would have the discretion of handing out a fine
or pressing for a summary conviction, which could result in up to 6 months
in jail -- though that is rarely imposed.
Jim Michie, spokesman for the U.S. Bureau of Customs and Border Protection
in Washington, D.C., said Tuesday that agents would continue to enforce U.S.
drug laws.
Sgt. Daryl Hall of the Windsor Police Department said the proposed
legislation would remove the main deterrent to marijuana possession in his
city, just across the Detroit River. Many people might risk obtaining the
drug because they won't have to worry about arrest or a criminal record, he
said.
"I'm sure it's going to be a nightmare for the borders if it happens," Hall
said, adding that there is no field test in Windsor to gauge whether a
person is under the influence of marijuana.
Though Chretien's Liberal Party has a comfortable majority in the House of
Commons, the bill's passage is not assured.
Several Liberal lawmakers have spoken out against the legislation, saying
minimum sentences for growers and traffickers aren't tough enough and that
it sends the wrong signal to youth.
"It is by no means a done deal," said Dan McTeague, the Liberal member of
Parliament from Ontario. "This bill is going to have a difficult time."
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