Pubdate: Thu, 29 May 2003 Source: Winnipeg Free Press (CN MB) Copyright: 2003 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Kendall M. Cox Referenced: http://www.mapinc.org/drugnews/v03/n729/a11.html MARIJUANA LAWS A TURBULENT WORLD Paul Samyn refers to Canada as "a country where possession of small amounts of pot will soon be subject to fines and not jail time." That's one intent of Justice Minister Martin Cauchon's proposed legislation -- paradoxically, it also increases penalties for larger amounts -- but one needs to take a look at the Canadian court system to see the big picture in the recently very turbulent world of Canadian marijuana laws. This past week an Ontario court affirmed a lower court's decision that Ontario's marijuana laws are not valid. This is because of a decision a few years ago that gave Ottawa one year to provide medical access, or there would no longer be any laws about marijuana at all. Ottawa tried, with miserable results: one crop was grown in a mine shaft in Manitoba, but none of the patients who applied to the program ever saw any of it. This recent Ontario court ruling throws things into a state of chaos -- the federal government is appealing again, but so far it's 0-2. If there are no laws on marijuana in Ontario, and possibly soon the rest of Canada, then Mr. Cauchon's proposal becomes not decriminalization but REcriminalization -- and unconstitutional, which the judges would undoubtedly point out if this new law makes it into their courts after they've thrown out the old one. What does it all mean? For one thing, it means that Mr. Cauchon's proposal is the only alternative for Canada's future where a war on marijuana continues. Drug gangs will still be the ones in control of the supply, and there will still be shootouts between gangs and drug agents. Why does Cauchon want to continue this insanity? Is it for the jobs the war on drugs provides? Is it because he hopes to raise money with the new proposed fines? Is it because U.S. Attorney General John Ashcroft and the Bush administration threatened something really severe if he strays too far from their idealistic crusade? At this point, who can tell? Stay tuned; it's bound to get more and more interesting. KENDALL M. COX Shorewood, Ill. - --- MAP posted-by: Richard Lake