TORONTO, May 27 — The Canadian government introduced legislation today to decriminalize possession of small amounts of marijuana but set stricter penalties for those apprehended for trafficking the drug.
After more than a year of internal debate on how to change marijuana laws, the form the legislation took was a compromise between those in the cabinet who see the drug as a minor nuisance and those who fear that anything approaching legalization would increase use by young people.
The Bush administration has been vocal in cautioning Canada that Washington
would be forced to increase time-consuming border searches if decriminalization
of marijuana is enacted. American officials say decriminalization would increase
supplies and trafficking.
Canadian officials argued today that the legislation would modernize law
enforcement approaches to a drug whose use is often overlooked by the local
police.
"I want to be clear from the beginning, we are not legalizing marijuana
and have no plans to do so," Justice Minister Martin Cauchon said.
"What we are changing is the way we prosecute certain offenses of
possessions. We are introducing alternative penalties."
Under the legislation, possession of up to 15 grams — about 20 cigarettes
— would be an offense punishable by a fine of up to $180 for youths and $290
for adults. But maximum sentences for illicit growers would increase, and the
government would spend about $150 million on an educational campaign to convince
young people not to use drugs. Fines for possession would increase for
intoxicated drivers.
It appears probable but not certain that the legislation will be enacted by
the House of Commons within the next few months. Prime Minister Jean Chrétien
has publicly come out strongly for decriminalization, and so have the three
candidates running to succeed him for the leadership of the governing Liberal
Party.
Several backbench Liberal lawmakers have spoken out against the legislation,
however, complaining that the legislation does not set tough minimum sentences
for growers and traffickers and sends the wrong signal to youth.
"We're removing the stigma attached to the product and sanctioning or
tolerating its use as produced by major elements of organized crime throughout
Canada," the Liberal member of Parliament from Ontario, Dan McTeague,
complained in an interview. "It is by no means a done deal as far the
Parliament is concerned. This bill is going to have a difficult time."
Mr. McTeague noted that United States Customs has reported a
"staggering" increase in seizures of Canadian marijuana crossing the
American border. He said United States Customs seizures of 814 pounds of
marijuana in 1998 increased to 2,650 pounds in 2001 and to 20,893 pounds last
year.
The huge increase in 2002 is in part related to increased surveillance at the
border in the wake of the Sept. 11, 2001, terrorist attacks.
Cultivating and trafficking marijuana are major businesses in Canada, run by
biker gangs and Asian organized crime. Marijuana is estimated to be the third
largest agricultural crop in both Ontario and British Columbia.
Pressure to reform the marijuana laws has been building for some time because
of the drug's common use in several provinces, a string of lower court rulings
and a constitutional challenge in the Supreme Court to legalize the drug. Recent
polls show that most Canadians believe that youths caught possessing small
amounts of marijuana should not be penalized with a lasting criminal record.
