Canadian Pot Laws

Lighter Penalties for minors in pot bill

Friday, May. 16, 2003

Cannada News / Ottawa
By JOHN IBBITSON and KIM LUNMAN
From Friday's Globe and Mail



Smoking pot while driving would not be a crime and penalties for minors would be lower than for adults, according to draft legislation decriminalizing the possession of marijuana.

The Cannabis Reform Bill was to have been introduced to Parliament this week, but sources report that Prime Minister Jean Chrétien ordered it delayed until the end of May to give caucus members more time to consider it, and to let Justice Minister Martin Cauchon fine-tune its provisions. Details of those provisions have been obtained by The Globe and Mail.

As currently envisioned, the act would make possession of less than 15 grams of marijuana (the equivalent of about 20 joints) a non-criminal offence punishable by a fine of $150 for adults. Minors, however, would be charged only $100, although police would notify their parents of the offence.

If the offender possesses between 15 and 30 grams, the police officer would decide whether to issue a ticket or lay a criminal charge. Possession of more than 30 grams would be a criminal offence.

Police could levy a higher fine if there are "aggravating factors," sources say. For example, driving a car while possessing or smoking marijuana could increase the fine to $400. However, the act would still not be criminal, although police could charge the person with driving while impaired, if there was sufficient evidence.

Similarly, although it would not be a crime, for example, to smoke pot on the steps of Parliament or in a playground, police could increase the fine depending on the perceived inappropriateness of the act.

Customs officers would have considerable latitude when confronted with someone bringing small amounts of marijuana into Canada. They could simply seize the pot or refuse entry. In cases of trafficking, they could extradite the offender. If the offender crosses the border from the United States, Canada Customs will notify U.S. officials.

While decriminalizing simple possession, the legislation envisions much tougher penalties for those who grow marijuana commercially. There will be four new categories of offences for cultivation. The larger the operation, the greater the penalty, although information about that aspect of the legislation was not available.

The law would also retroactively diminish the punishment of those charged with criminal possession before the bill goes into effect. However, the records of those already charged will not be expunged, although those convicted can apply for a pardon.

Critics warn that decriminalizing marijuana possession will lead to increased use of the drug, especially among the young. But Justice Department officials predict higher levels of enforcement once the police can hand out a simple ticket rather than having to decide whether to lay criminal charges.

The government acknowledges that the law will not be applied evenly, with police in urban areas, for instance, less likely to hand out tickets than those in rural areas.

Alan Young, a professor of law at York University in Toronto, warned that the law would leave the police with too much discretion in deciding whether to impose fines or lay criminal charges in cases where the accused possesses between 15 and 30 grams.

"It is wrong to simply bestow discretion upon police to determine which mode of enforcement will be chosen," he said in an interview.

"History tells us that the disadvantaged and minorities will disproportionately suffer under a regime of that nature."

The decriminalization law was originally expected as far back as last February, but has been repeatedly delayed by legal tangles and the absence of a fully financed antidrug campaign to be implemented by Health Canada.

However, government sources report that the health and communications strategies are now in place, and the bill will be introduced shortly after Parliament returns from a one-week break on May 26.









 
 
 
 
 
 
 
 
 
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