

Essential information for an informed debate about cannabis policy.

Top Ten Facts ALL Canadians Need To Know About Cannabis In 2002 the Senate Special Committee on Illegal Drug Use studied the cannabis issue extensively. Their unanimous recommendation was that cannabis be legalized in a regulatory framework similar to alcohol. more info The decision to criminalize cannabis was made "without any apparent scientific basis nor even any real sense of social urgency." more info "Scientific evidence overwhelmingly indicates that cannabis is substantially less harmful than alcohol and should be treated not as a criminal issue but as a social and public health issue." more info "The continued prohibition of cannabis jeopardizes the health and well-being of Canadians MUCH MORE than does the substance itself." more info Cannabis has NOT been decriminalized or legalized in Canada. more info The so-called "decriminalization" bill that was proposed by the Liberal government was more accurately an "alternative penalties" bill. more info Reforming cannabis laws does NOT send the "wrong message." more info The U.S. government is pressuring Canada to back away from cannabis law reform. more info The U.S. Drug Enforcement Agency has had offices in Ottawa and Vancouver since 2001. more info Canada is NOT a major source of cannabis to the United States. more info





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Fact #2: The decision to criminalize cannabis was made "without any apparent scientific basis nor even any real sense of social urgency."

- Senate Special Committee on Illegal Drugs, 2002. P. 274 "There has never, in history, been a good reason presented for marijuana being illegal," said Banks. "It's fundamentally important for people to understand that it's never been based on the facts. It's non-toxic, it's not addictive and has no provable, long-term irreversible effects."

- Senator Tommy Banks, Deputy Chair of the Senate Special Committee on Illegal Drugs. "Senator Banks mellows out on marijuana" - Edmonton Sun - July 16, 2003

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Fact #4: "The continued prohibition of cannabis jeopardizes the health and well-being of Canadians much more than does the substance itself."

- Senate Special Committee on Illegal Drugs, 2002. Summary P. 45 More than 40,000 Canadians are arrested for cannabis possession each year, mostly between the ages of 18 - 24. [source]



1.5 million Canadians now have criminal records for possession of cannabis. [Source] "We estimate the cost of enforcing cannabis drug laws to be closer to $1-1.5 billion per annum. The principal public policy cost relative to cannabis is law enforcement and the justice system; we estimate this to represent a total of $300-$500 million per annum. The costs of externalities attributable to cannabis are probably minimal; no deaths, few hospitalizations, and very little loss of productivity."

- Senate Special Committee on Illegal Drugs, 2002. P. 436 Cannabis prohibition diverts much needed police resources from more serious issues. In an unregulated black market there are no age restrictions, quality control, or accurate product information. High profits attract organized crime and with that comes increased violence as a means to resolve disputes or protect investments. Handout: Harms of Cannabis Prohibition, Benefits of Legalizing (PDF, 100k)





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Fact #5: Cannabis has NOT been decriminalized or legalized in Canada. Canada's Le Dain Commission recommended the decriminalization of cannabis back in 1972! Over 30 years later and we're still only talking about it. It is illegal in Canada to possess, produce or traffic in cannabis. "Possession" means: a. A person is in possession of something when it is in their personal possession of knowingly: i. has it in the actual possession or custody of another person, or

ii. has it in a place, whether or not that place belongs to or is occupied by them, for the use or benefit of himself or of another person; and, b. Where one of two or more persons, with the knowledge and consent of the rest has anything in heir custody or possession, it shall be deemed to be in custody and possession of each and all of them. "Trafficking" means: a. to sell, administer, give, transfer, transport, send or deliver the substance

b. to sell an authorization to obtain the substance, or

c. to offer to do anything mentioned in a) or b) above, otherwise than under the authority of the regulations. A person also commits an offence of trafficking in a substance included in Schedule I, II, III, or IV or in any substance represented or held out to be by that person a substance. "Possession of the Purpose" means that the person must be in "possession" as set out in the definition above and for the purpose of "trafficking" as set out in the definition above. Controlled Drugs and Substances Act (1996, c. 19) Schedule II VIDEO: Legalize pot smoking, senators say

Topic: Senate Special Committee on Illegal Drugs releases their final report

CBC archives - The National - September 4, 2002

"The Senate Special Committee on Illegal Drugs final report says marijuana is less harmful than alcohol and should be governed by the same sort of rules."

(Senate Special Committee on Illegal Drugs report "Cannabis: Our Position for a Canadian Public Policy") Here's a quote from the 2002 report of the Senate Special Committee on Illegal Drugs entitled,

"Cannabis: Our Position for a Canadian Public Policy": "The continued prohibition of cannabis jeopardizes the health and well-being of Canadians much more than does the substance itself."

VIDEO: Canada's marijuana laws declared unconstitutional

Topic: Terry Parker appealed to the Canadian Charter of Rights and Freedoms for the right to smoke cannabis legally for medicinal reasons.

CBC archives - The National - July 31, 2000

"The Ontario Court of Appeal warns the federal government to change its pot laws within a year or risk losing them altogether." AUDIO: Explosive report on drugs divides cabinet

Topic: Le Dain Commission - interim report

CBC Radio archives - Sunday Magazine - June 21, 1970

"In June 1970 the Commission of Inquiry into the Non-Medical Use of Drugs delivers its interim report, calling for the decriminalization of all drugs."

(Le Dain Commission report: Canadian Government Commission of Inquiry - Cannabis Report) ---

Handout: How many more studies are needed? (PDF, 36k) Description:List of cannabis studies 1894-2002. TOP

Fact #6: The so-called "decriminalization" bill proposed by the Liberal government was actually an "alternative penalties" bill. The core flaw of this bill is that it was crafted without acknowledging the dynamics of the black market and the considerable harms being caused by the policy of prohibition. This bill would actually make matters worse with its contradictory and confused approach.



Under this bill, possession of small amounts of cannabis would remain illegal, but a fine would be rendered instead of a criminal charges being laid. In addition, this bill proposes to double the maximum penalties for growing cannabis. Details of the Cannabis Reform Bill (Bill C-17) Definition: "Decriminalization"

Source: The "Glossary of key terms" in the Senate Report.



Removal of a behaviour or activity from the scope of the criminal justice system. A distinction is usually made between de jure decriminalization, which entails an amendment to criminal legislation, and de facto decriminalization, which involves an administrative decision not to prosecute acts that nonetheless remain against the law. Decriminalization concerns only criminal legislation, and does not mean that the legal system has no further jurisdiction of any kind in this regard: other, non-criminal, laws may regulate the behaviour or activity that has been decriminalized (civil or regulatory offences, etc.).

"We're not decriminalizing marijuana , to be technical, it will remain a criminal offense. What we are putting in place are alternative penalties, in using the Contraventions Act. I admit that using "decrim" at the beginning was not a good start, but over the past few months we have been quite clear about what we're doing." - Martin Cauchon - former Justice Minister, during questioning by the House of Commons Committee on Illegal Drugs regarding the proposed "decriminalization" bill. November 2003.

Source: Ottawa revives plan to relax pot laws

November 2, 2004 - Globe and Mail

Excerpt:

Mr. Cotler avoided any mention of decriminalization -- instead calling his cannabis enforcement reform "alternate penalty frameworks."



Obviously the government has not been "quite clear" about what they're doing. The term "decriminalization" continues to be used by politicians and by the media regardless of the facts. The correct description of this bill is an "alternative penalties" bill and the media needs to be urged to be more accurate about the details of this bill and not simply pass along misinformation.

UPDATE: February 2005 Poll [source: PDF, 110k]

The survey asked questions regarding the government's plans to "decriminalize" the personal possession of marijuana. Here are some statistics on how "clear" the government was about what they're doing:



49% of Canadians believe that decriminalizing marijuana actually makes possession legal



41% said they believed decriminalization leaves possession illegal As noted in Alan Young's article "Marijuana mountain built out of molehill" in the Toronto Star, "The best way to forestall change in a democracy is to confuse the masses." The "decriminalization" bill does NOT represent a more relaxed attitude toward cannabis users. The intended outcome of using a ticketing approach is to INCREASE the likelihood that someone caught in possession of a small amount of cannabis will be punished. "A ticket would be more immediate and a police officer would be MORE LIKELY TO WRITE A TICKET. Right now the laws are not evenly enforced, often police will turn a blind eye, which teaches disrespect for the law. We want fines to be rendered." "There is an uneven application of the law. In many places the police warn an individual and don't charge. We think, actually, with what we're proposing a person with a small amount will be more likely to suffer a consequence for breaking the law . So we actually think we're being a little tougher on people by suggesting that there would be a fine for the breaking of the law and police officers would be more likely to write that ticket rather than it walk away." - Paddy Torsney - member of the House of Commons Special Committee on the Non-medical use of Drugs. [Martin Cauchon told] reporters that the legislation was needed because current pot laws, under which possession is a criminal offence, are "disproportionate." "Does it make sense that a person who makes a bad choice should receive the lasting burden of a criminal conviction? This bill will ensure that the punishment fits the crime."



Source: "Critics say pot bill sends the wrong message" - CTV.ca News, May 28, 2003 - Martin Cauchon - former Justice Minister of Canada.

What is "Net-Widening"?

A ticketing approach has already been implemented in Australia. The result was a "net widening" effect; more people being punished due to the "efficiency" of ticketing a person versus arresting. Tickets mean MORE punishment, not less.



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