Decriminalize Marijuana Possession

Decriminalize Marijuana Possession

Description image by Keith Martin Member of Parliament, Esquimalt-Juan de Fuca, B.C., Liberal Party of Canada; MD.
  • First Posted: Jun 16 2009 12:12 PM
  • Updated: about 1 year ago

The Conservative government's draconian drug policies miss the point: Substance abuse is a medical problem, not a judicial one; and casual pot users don't belong in jail.

The lethal gun battles on the streets of Vancouver, the astounding number of murders in Mexico, and the insurgency that continues to grow in Afghanistan (which results in our soldiers being killed) all have one thing in common: the trafficking of illegal drugs.

The U.S.-style war on drugs that is being pursued by Canada’s Conservative government has proven to be an utter failure. It has not reduced crime, harm or even drug use. The only groups benefitting from the status quo are organized crime gangs, insurgent groups, and terrorist organizations. Who pays a heavy price? Society, our soldiers, some of the world’s poorest countries, and the most vulnerable people in our communities.

So how do we deal with this? First, our government needs to change its perspective and see substance abuse as a medical problem, not a judicial one. In order to reduce the supply of illegal drugs flowing into our communities and, by extension, the funding of organized criminal groups and insurgents, we must get our own house in order and reduce the demand for these drugs.

Can we sever the ties between addicts and organized crime? Indeed we can. One superb initiative that does this is a little-known program in Vancouver called the North American Opiate Medication Initiative (NAOMI). This program allows addicts to receive prescribed narcotics under medical supervision. It frees these patients from the devastating feedback loop of drug dependence and criminal activity and brings them into the medical system. The addict no longer commits illegal activities (usually theft, prostitution, or trafficking) to fund their addiction, which produces a significant reduction in crime. It also severs the ties between the individual and the organized crime gangs that are the primary vehicles for moving illegal drugs into Canada. By breaking this cycle, addicts are able to remain connected to the medical system, access training programs, psychological therapy and educational opportunities, gain employment, and rebuild their lives with their families.

Another initiative that is needed to modernize our drug laws is to decriminalize the possession of small amounts of marijuana, including the possession of up to two plants. This will cut the connection between the gangs involved in commercial grow ops and casual pot users.

Bill C-359 was introduced this spring to accomplish these goals. Under this bill, a person who is caught with less than 30 grams of marijuana or less than two plants would receive a fine instead of going through the expensive court system and receiving a criminal record, or even incarceration if found guilty. The money saved could be invested in prevention programs like the Head Start/Early Learning Program for children or drug treatment programs like NAOMI.

Many studies, including those done by House of Commons committees, have found that current federal drug policies have not been effective at reducing drug use, trafficking, crime, and harm. In 2002, the Senate Report on Illegal Drugs called for the decriminalization of the simple possession of marijuana. Respected organizations like the Canadian Medical Association have also echoed this position.

The medical profession has a principle: do no harm. We are actually doing terrible harm and will do so for as long as we continue to address substance abuse as a criminal issue. Decriminalizing the simple possession of marijuana would be a start at reducing harm, cost, and criminal activity in Canada. Several states in the U.S. have done this with positive results, as have many countries in Europe. Canada can and should do it too.

Comments

Re:Marks

rules of engagement

Finally a politician who makes sense on this subject.

Ray Chantler

So, this is a START. Now to be even MORE brave and outright LEGALIZE ALL DRUGS. I am a retired Law Enforcement Officer here in Canada and a legal cannabis patient for the indication of chronic progressive multiple sclerosis and a violent pain in my face twenty four hours a day called tic dououreux, also known as "the worst pain known to medicine". Doctor's gave me legal cocaine, heroin and thirty two other pills everyday BEFORE I was prescribed cannabis just to start to touch the pain I live with. If all drugs were legalized and regulated like some of us have been saying for over a decade - NOT decriminalized as MP Keith Martin said - the profit would be taken out of them and the fighting over this commodity will end. No one should pay a fine or go to Jail for drugs. If we only decriminalize drugs, we are still letting the street market have control. As we say, Drugs are a Health issue and DO NOT belong in a Court of Law! Legalize and regulate ALL drugs to keep our streets safe, keep our children out of harms way and keep the streets and our kids from controlling this issue once and for all! Sincerely, Alison Myrden Retired Law Enforcement Officer Leading Female Speaker for LEAP Law Enforcement Against Prohibition http://www.leap.cc

Alison Myrden

I feel proud to call Dr. Marin my MP. He is certainly more enlightened on drug policy than most MPs, and evidently more "honourable" than the his party, who, not wanting to appear soft on crime, just endorsed a conservative bill, C-15, which, flying in the face of all the evidence and expert testimony, imposes mandatory minimum sentences for drug-related crimes, including cultivating a few cannabis plants for medical or personal use. Cannabis decriminalization might be an improvement,. depending on whether or not it has a "net widening" effect, resulting in more people being punished, particularly visible minorities, low income, First Nations, young people, etc. You see, it is much easier for a police officer to hand out a ticket than put down their doughnut, get out of their cruiser and make an arrest. Decriminalization would not address the problems associated with the black market. We should follow the recommendations of the Special Senate Committee of 2002 and legally tax and regulate cannabis. http://senatereport.ca/ Regarding harm reduction, of course we should treat drug addiction and drug abuse as medical and psychological problems, but the vast majority of illicit drug users do not have problems with it. And therein lies one of many major problems with drug prohibition. Overbreadth. Criminalizing all drug users to prevent young people from abusing drugs is like criminalizing all junk food consumers, young and old, fit or fat, to send a message to kids to eat a healthy diet. Given that tobacco is arguably as addictive as heroin, and certainly more deadly, is it not remarkable that smoking rates have been steadily declining for decades? Nothing but labeling, education, age restrictions and the awful truth. Is it not telling that teenagers consistently report that illicit drugs are easier to obtain than tobacco and alcohol, given that smokers can buy tobacco at most gas stations and convenience stores? Think about it. Adults looking for illicit drugs would be well-advised to approach an adolescent friend or family member. Prohibition is at the bottom, not the top of the regulatory scale. We have more control over cat food than we do the so-called controlled drugs and substances. Matt Elrod http:/www./drugense.org/me/

Matthew Elrod

If our government was more concerned with "protecting The Sovereign Canada", we would not lose any Canadian military in Afghanistan or any other country for that matter. If our military would look at the flag they stand under and stay home to "protect The Sovereign Canada, first and foremost", We wouldn't have "terrorist gang insurgents smuggling drugs and guns from the worlds most lawless nation, the u.s.a.". The military could protect Canadian Sovereignty and Canadians from harm/chaos for once in their career. Money well spent. Americans consume 350 metric tons of cocaine (more than any other country in the world), 20 metric tons of heroin and boast 30,000 gun related deaths a year. That's more gun deaths than Mexico's so called 'gang wars'! And more than Afghanistan has ever had, unless someone was attacking their Sovereignty and tryed to beat the piss out of them. God bless the Afghanistan People and Zofia Cisowski, Robert Dziekanski's Mother for the damage caused by our treacherous public servants at home and abroad. For shame! Who will protect Canadian Sovereignty and the lives of those that get addicted or die from addiction daily? For shame! Police Integrity Guarantees Sovereignty Soveriegn Vanguard

Mike Hansen

I cannot agree with decriminalization, which continues to demonize marijuana, and make access more difficult. How is our medical profession living up to thier oath to do no harm, when concealing covert human experimentation upon the vulnerable, while discriminating against the most effective life saving herb, such as marijuana. Why should marijuana consumers be subject to fines? What's next? We fine homosexuals, tabacco consumers, along with coffee and tea? Another thing, why does'nt Kieth Martin put forth a bill, for declaration of no force or effect of marijuana prohibition, when the government has failed to honour the Parker decision of Dec. 9,1997, and further upheld July 31,2000? The courts have declared our marijuana laws unconstitutional, which has not been honoured by the government, when implementing regulations that remain unconstitutional, when Canadians are subject to a hostile medical profession, of covert activity, and breach of the 1947 Nuremberg code. Terry Parker Jr./aka Robertson http://www.geocities.com/terryparkerjr/ http://www.thewhyfiles.net/mkultra4.htm http://www.ontariocourts.on.ca/decisions/2000/july/parker.htm http://www.cyberclass.net/turmel/timeline.htm

Terry Parker Jr.

Bill C-15 is such a horrible idea, we need to contact our elected officials and demand them to vote against it. Look at California and their mandatory sentence laws, it has overwhelmed the prison system to where the federal govt told them to release 50,000 inmates because there is just no more room. California is sooo strapped for cash they are thinking of putting San Quintin prison for sale and closing some of their beautiful state parks. Each one of those inmates cost $50,000 a year to house. This money will be better spent on our schools and public programs. I find those opposed to leagalization/regulation earn their paychecks from prohibition.

James Baker

(This is a letter I sent to Keith Martin last month) RE: Bill C-359 (to Decriminalize Marijuana Possession) I commend you for at least moving in the right direction, but this proposed bill to “decriminalize” marijuana falls painfully short of the real need. “Decriminalize” is a non-word meaning a non-thing. Something is either legal or it isn't. Alcohol wasn't “decriminalized”, it was regulated. The late science fiction/comedy writer Douglas Adams, in his book “The Meaning of Liff” defines the made up noun “Huby” as; “A half-erection large enough to be a publicly embarrassing bulge in the trousers, not large enough to be of any use to anybody.” This is what this bill is. Did gays accept “fines” or “treatment” as a half-way measure to recognition of their rights? No. Will this bill do anything to stop gangsters? No, because pot has to come from somewhere, and if it can't be grown or sold legally, they will still control the market and profit enormously from it. Allow two plants? Not everyone wants to bother growing, and two plants won't be enough for medical users who already have enough trouble with Health Canada's onerous and dysfunctional license program. Do we restrict how many tomato plants people have in their back yards? No. A better plan would be full legalization. No “decrim”, no referendums (because the public is so hopelessly misinformed that they cannot be trusted with such an important issue), and no more messing around. We need full legalization and we need it now. Not because it is popular, but because it is the right thing to do. All science, history, and common sense supports this. Russell Barth Federally Licensed Medical Marijuana User Patients Against Ignorance and Discrimination on Cannabis (PAIDOC)www.paidoc.org >>>>>>>>>>>>>>>>>>> He replied: Dear Mr. Barth, Thank you very much for taking the time to write to me regarding my Private Member... Read More’s Bill, C-359. As I said in my introduction speech to the House of Commons, we need to adopt an approach other than the war on drugs, because it has truly been a complete failure. It has not reduced the crime rate, it has not reduced drug use, nor has it saved lives or money. The status quo only benefits organized crime gangs and the insurgents in faraway Afghanistan. These are the parasites that benefit from the status quo. I appreciate your insights, and can only say that I have arrived at this course of action after consulting with Canadians and groups across the country. Study after study has shown that decriminalizing marijuana is the right thing to do. Churches, police groups and others have supported it, including many studies from this House. As a physician, I have seen the ravages of drug use. The status quo only increases harm and drug use. What I hope happens through this bill is that we can move toward a rational and mature debate on substance abuse so that people who have substance abuse problems are treated as a medical problem and organized crime gangs are treated as a judicial problem. This bill has already gained a substantial amount of support across the country and had sparked a keen debate on best practices around this issue, a development that I was hoping for and am glad to see. Thank you again for sharing your concerns with me. Best wishes, Dr. Keith Martin >>>>>>>> I sent: Mr. Martin, Thank you very much for taking the time to actually respond. But, honestly sir, the general public is not well enough informed about the matter to have their opinion mean much. All science, history, and common sense dictate that the way to hurt the gangs is to set up a legal market to compete with them. Their profit margin will dry up, they will have fewer and fewer customers every month, and eventually move on to other entrepreneurial endeavors. But your bill is nothing like that. Your bill is so close to the status quo the difference is negligible. We need a cannabis regulation act that sets out the parameters of legal medical producers, suppliers, and users, and commercial growers, suppliers, and users. Nothing less will suffice. It is cut and paste, sir: Licensed, inspected medical growers who supply direct to users or through “compassion clubs... Read More”. Licensed indoor “coffee shops” where people over 19 can and buy and use small amounts. Commercial growers who can grow outdoors and/or indoors, and, like any other farmer, would have to account for their output and income. Be brave sir. Don't say “decriminalize” any more, and don't say “legalize”. Say “Regulate”. It sells better; “This unregulated market needs to be regulated”. You can sell the word “regulate” to the cops and churches and parents a lot better than “kind of legal kind of not”. Russell Barth

Russell Barth

When we educate ourselves and others to start using the botanically correct terminology 'Cannabis' in favor of the "Spanish American colloquialism" 'marijuana', we will free ourselves from the American prohibitionists that have used this girls name to promote their lies. As we all know it's been a 'pack of lies' they've been cramming down our throats. 'Cannabis 101', Swedish botanist Carolus Linnaeus renamed the hemp plant, 'Cannabis sative L.' in 1753. This is botany, the rest is history.

Mike Hansen

This is an open letter to the Canadian Senate. It is in regard to marijuana and Bill C15, which is now in the Senate. Legislatures are on Summer recess. My name is Chris Sullivan and I am a marijuana user. I think Marc Emery is a brave, patriotic, and compassionate man and should not be betrayed by fickle, cynical, and unscrupulous politicians sending him off to serve time in another country. It's a good thing he was not born in Syria. I have MS and use THC in medicinal form, as well as marijuana to treat my illness. Police in Vancouver and elsewhere are too busy catching real criminals to implement any of this new legislation. I question whether police anywhere are not too busy, nor jails too full, to implement mandatory minimums on pot growers, sellers, or smokers, let alone sick people. Certainly when these supposed 'offenses' have no victim, or the supposed 'criminals' are sick or paralyzed people or are growing medicine, they should not be harassed or arrested. Can we afford this Bill in a depressed economy, when whole industries are closing? I smoked pot regularly for a couple of years in my teens. Would I have had the life I did, if I had continued? I could not, if the legislation you are considering were enforced. I would have been in jail, probably. I am 55, with a wife and two children. I contributed tax dollars to this country until I could not do it anymore. When I became more serious about school, in my twenties, I dropped all recreational drug use. I never smoked pot or took any drugs in my adult life, except once after I had finished school, at a party that was also attended by some law enforcement people I happened to know. They saw nothing. I got diagnosed with MS about 12 years ago. I found out about the effects of marijuana on illnesses, from various sources, including television. One leading talk show host who has MS, uses doctor-prescribed marijuana regularly. I graduated with honours in Electronics Technology, and have 20 years' experience. I can't work any more on account of MS. I can no longer drive a car, so I figured there could be no harm in taking it, and it might help. It did. One puff killed my leg spasms. Yes I have a teen-aged son, and he is not likely to touch marijuana or any other drug, because he doesn't want to. Nor does my teen-aged daughter. It's fine by me. I am a Liberal, and my parents were both Liberals. I will not vote Liberal again, because of Michael Ignatieff's support for this bill. I will use every vote I have against it, to my dying breath. There should be no interference by the state with free marketing of marijuana. It is a hold-over from the days when Stephen Harper would do anything George Bush told him to, and thought that America was a good model for Canada. If it were up to him, we would be fighting in Iraq. and a lot more Canadian banks would have failed. This Bill shows the true nature of the Liberals and Conservatives today, and I'm sure my parents would never have supported it. I have used a compassion club three, maybe four times, and still carry the card. I am on Cesamet: made of THC (marijuana's active ingredient), prescribed by my neurologist, made by Bayer. I use cooked marijuana, because I have given up tobacco smoking and cannot tolerate smoke. Tobacco causes cancer and other fatal diseases. It is addictive. It is *legal*. It is sold to kids to encourage addiction, smuggled in and out of Canada. These sins belong to all the Canadian people, among others, as we all know and do not acknowledge the suffering it causes. An elderly acquaintance, and other caring people, have acquired pot for me. A close friend has been quadriplegic for 27 years, and uses it to ease her pain. I will not be contrite about my THC use, if you send me to a jail. Barbara Turnbull and I both know marijuana helps, but we are both already in a worse jail than mere politicians could concoct. I am on a dozen different prescription drugs that have nothing to do with marijuana, take analgesics for pain, vitamin tablets, and occasionally Cesamet or marijuana for pain and spasticity. If you like oppression, humiliation, and torture, you should move to the US, where the Federal police and the State police are on opposite sides, and quadriplegics can die in jail because of their first 'offense' with marijuana. Marijuana being illegal makes much less sense than alcohol prohibition did. According to the Canada Safety Council: "The Canada Safety Council urges provincial and territorial governments to consider imposing administrative license suspensions on drivers who have been using cannabis. Police with reason to believe a driver has been smoking pot should be able to suspend that driver's license without a criminal charge. If alcohol is also involved, appropriate action would be taken depending on the BAC. "The prevalence of cannabis use among younger, mostly male, drivers raises cause for concern. Precautionary action is needed - but the research to date does not support zero tolerance with automatic criminal sanctions." Keep it out of the hands of the under-aged, by legalizing use by law-abiding adults! If pot remains outlawed, only outlaws will sell it. Saying that marijauna should be illegal, because some crazy people, murderers, and criminals use, sell, or grow it, is like saying Iced Cappuccino from Tim Horton's should be banned, because Karla Homolka drinks it. The fact of prohibition of marijuana has made many smugglers, murderers, gang members and other nasty outlaws very rich and powerful. Why not make some law-abiding citizens like Marc Emery, and the Canadian treasury, richer with sales revenue and tax revenue, and help the sick, instead of keeping all these crooks in business? There is no protection now, against crime, violent or not, for business people who sell pot. Canada could wipe out a lot of its national debt if it taxed pot sales. If you did the right thing, I might vote for your party next time. On this issue, I think a healthy majority of Canadians and Americans agree.

Chris Sullivan

Keith, the gang violence will not end until the production and distribution of drugs is legalized. For pot it's a no-brainer- relatively benign with medical benefits as well. With other drugs, dispencing through pharmacies might be the answer. Decriminalization is a half-step that doesn't address the problem of violence in the drug trade.

Bill Pope

Prohibition is a proven failed policy and although I appreciate the direction Keith Martin is heading in, he does not go far enough. Decriminalization should be outright rejected in favour of LEGALIZATION. Not only is marijuana (and many drugs for that matter) a health issue, but it is a lifestyle choice and how authorities continue to demonize users and attempt to control them in the 21st century is pathetic and amusing. This is a political game at this point, that has everything to do with appeasing Canada's largest trading partner. If you are reading this thread and you support the Canadian Federal government on prohibition, you can pat yourself on the back everytime you read about drug related violent crime because you are responsible for making the criminals armed and dangerous. There is a moral hazard element for you to think about also. And that is, if you are supporting the punishment of people like Marc Emery, the day is soon coming that prohibition will end. Don't be surprised if the majority, of enlightened people in the future, don't want people like you around. Think ex KGB agent in BC, being deported back to Russia by Canada. Just because what you are doing is legal at the time, does not make it right.

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