On January 2, 2003, Justice
Douglas Phillips ruled that
Canada's law on
possession of small amounts of
marijuana is no longer valid when he dismissed two
drug charges against a 16-year-old local boy in
Windsor, Ontario.
This follows years of debates, struggles, and appeals on both sides of the issue.
In July 2000, the Ontario Court of Appeal struck a blow to a federal law prohibiting the possession of less than 30 grams of marijuana. "Banning marijuana for medicinal purposes violates the Canadian Charter of Rights and Freedoms," it was ruled.
Just one year later, Canada became the first country to begin a system for the regulation of medicinal marijuana.
However, the debate over recreational use still needed to be addressed. The Canadian Medical Association estimated that 1.5 million Canadians smoked marijuana recreationally, and over 600,000 Canadians had criminal records for possession of marijuana. About 20,000 people were arrested annually on marijuana-related charges.
In May 2001, a committee was established to decide what, if any, changes should be made, and were to report back in eighteen months. In May 2002, they presented a summary of scientific evidence on marijuana. The following points were included:
In September 2002, the committee released its final report saying, in part, that marijuana is less harmful than alcohol and should be governed by the same sort of regulations.
"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," said Senator Pierre Claude Nolin, head of the committee.
In addition, "Our current drug laws fund organized crime, they fund terrorist groups around the world," Eugene Oscapella, executive director of the Canadian Foundation for Drug Policy, told CBC Newsworld. "Our policies that we build around this drug are far more harmful than the drug itself." --- CBC Newsworld
Just before the 2003 new year,
rumours of
decriminalization in
January were spread by way of
local newscasts nationwide, and
Judge Phillips' ruling is the beginning of this.
If further steps are taken, the possession of 30 grams or less of marijuana will no longer result in jail time or a criminal record - just a fine, as if it were a traffic ticket. Justice Minister Martin Cauchon has said that this is exactly what he intends to do.
Sources:
CBC Newsworld
Vancouver Sun