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Canada poised to ease drug possession laws

BY JAMES KOIVUNEN

FOR THE DAILY

Published June 8, 2003

The Controlled Drug and Substances Act will keep marijuana illegal in Canada, but a bill has been proposed that would lessen the penalties for possession. Marijuana use is on the rise and the support for incarceration as a penalty is falling, according to a statement released by Health Canada, a department of the Canadian government that is responsible for developing health policies.

J. Brady McCollough
The Controlled Drug and Substance Act would lighten penalities for people in possession of small amounts of marijuana. (Photo Illustration by Seth Lower/Daily)

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The proposed plan would reduce penalties for those possessing small amounts of marijuana and strengthen penalties for those found to be growing or distributing. "They'll just focus on more serious offenses like trafficking and dealing," explained Sgt. Ed McNorton, spokesman for the Windsor Police Department.

A person caught with up to 15 grams would no longer face federal offense-type punishment, rather a small fine. "It's like a traffic ticket," McNorton said. The penalty for an adult would be $150 Canadian, around $110 U.S.

But the maximum penalty for growing would double; offenders could be sentenced to 14 years in prison instead of seven. Trafficking remains the most serious offense, with a possible sentence of life in prison. By concentrating on the more serious offenses, the Canadian government hopes to "free up the courts in a lot of these small instances," McNorton said.

Canadian officials hope to eliminate court costs that would create funding (an expected $150 million) for an anti-drug research, education, and treatment campaign

According to a written statement, Justice Minister Martin Cauchon promised the Canadian people this alternative punishment is in no way a foreshadow to legalization. McNorton maintained legalization was not on the horizon for our neighboring country. "There's been no talk of that. The public would not welcome it," he said. "We've preached the message 'say no to drugs,'" he added.

But the public is in favor of softer penalties for marijuana possession said Noel Kent, a 22-year-old student at the University of Toronto and lifetime resident of Milton, Ontario.

"General consensus is that (Canadians) are all for it, although the general consensus smokes marijuana," Kent said.

He added that he still supports decriminalization, but said he feels his government should take things one step further.

"I'm thinking they should completely legalize it. The government would generate huge profits off of it," Kent said.

"They're going to make money instead of just throwing away a joint," Kent added.

"Everyone is for it. Only the police force shows opposition, and even that is divided," Kent said.

This opposition is visible through the uneasiness McNorton and the rest of the Windsor Police Department have shown toward the proposed legislation.

Through this "alternative punishment" plan there are specific amounts of marijuana that generate specific penalties - this is what creates concern.

"We want police discretion. There could be aggravating circumstances. With each situation there are circumstances to consider," McNorton said.

With a border stretching more than 5,000 miles, President George Bush has cautioned Canada that the U.S. would increase border patrol if marijuana possession was decriminalized.

Government officials believe that lighter penalties in Canada would increase drug activity in the U.S.

Canadian officials are just as concerned with this possible increase in marijuana commotion. "As with any new legislation you just have to wait to see how they affect you," McNorton said.

LSA junior Ru Talati said she also resonates the President's concern and is therefore skeptical of easing up on drug policies.

"I don't think it's a good idea," Talati added.

"It's a great idea in theory, but there are a lot of unforeseeable repercussions that could occur," Talati said. "One that I see is between the border and what's going to happen there."

The close proximity to the border and a change in Canadian drug laws could have an effect on student activities, LSA junior Christy Flanagan said.

"Maybe more people will choose to go there so they can smoke with less risk," Flanagan said.

Flanagan added that she also believes the proposed legislation could be beneficial, adding, "They're still criminalizing the source of the problem: the people who are smuggling and distributing."

Michigan Governor Jennifer Granholm was unable to comment on the decriminalization in Canada because it has not been implemented.

Granholm's spokeswoman, Liz Boyd, said the governor would definitely be against any measures to decriminalize drugs in her state.

"If there was an effort to decriminalize in Michigan, the governor would oppose it. We will maintain (drug) education, prevention, and law enforcement," Boyd said.


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