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Canada Introduces Measure Adjusting Penalties for Marijuana
By Hempology | May 27, 2003
From the New York Times, May 27, 2003
By CLIFFORD KRAUSS
TORONTO – The Canadian government introduced legislation today to decriminalize possession of small amounts of marijuana but set stricter penalties for trafficking the drug.
After more than a year of internal debate on how to change marijuana laws, the final legislation was a compromise between those in the cabinet who see the drug as a minor nuisance and those who fear that anything approaching legalization would encourage use by young people.
The Bush administration has cautioned Canada that Washington would be forced to increase time-consuming border searches if marijuana possession was decriminalized. American officials say decriminalization would increase supplies and trafficking.
Responding to those concerns, Canadian officials said today that the legislation would modernize law enforcement approaches to a drug whose use is often overlooked by the local police.
“I want to be clear from the beginning, we are not legalizing marijuana and have no plans to do so,” Justice Minister Martin Cauchon said. “What we are changing is the way we prosecute certain offenses of possessions. We are introducing alternative penalties.”
Under the legislation, possession of up to 15 grams (about 20 cigarettes) would be punishable by a fine of up to $180 for youths and $290 for adults. As with a traffic violation, an offender would not have a criminal record after paying the fine. Current penalties vary widely depending on the amount seized and the number of prior arrests.
At the same time, maximum sentences for growers would increase to 14 years from 7 years, and the government would spend about $150 million on an educational campaign to convince young people not to use drugs. Fines for possession would increase for intoxicated drivers.
It appears probable that the legislation will be enacted by the House of Commons within the next few months. Prime Minister Jean Chrtien has come out strongly in favor of decriminalization of small amounts, and so have the three candidates running to succeed him for the leadership of the ruling Liberal Party.
However, several Liberal lawmakers have spoken out against the legislation, complaining that it does not set tough minimum sentences for growers and traffickers and sends the wrong signal to youth.
“We’re removing the stigma attached to the product and sanctioning or tolerating its use as produced by major elements of organized crime throughout Canada,” Dan McTeague, a Liberal member of Parliament from Ontario, said in an interview. “It is by no means a done deal as far as the Parliament is concerned. This bill is going to have a difficult time.”
Mr. McTeague said the United States Customs had reported a “staggering” increase in seizures of Canadian marijuana crossing the American border. He said seizures of marijuana had increased from 813 pounds in 1998 to 2,650 pounds in 2001 and 20,893 pounds last year.
The huge increase in 2002 is partly related to increased surveillance at the border in the wake of the terrorist attacks of Sept. 11, 2001.
The cultivation and trafficking of marijuana are major businesses in Canada, run largely by motorcycle gangs and Asian organized crime groups. Marijuana is estimated to be the third-largest agricultural crop in both Ontario and British Columbia.
In recent years, Canada has legalized the use of marijuana for certain patients who get written permission from their doctors.
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