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Canada: Editorial: Marijuana: Federal Smoke Clears, A Little

Canadian Medical Association Journal

Monday 14 May 2001

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Fourteen years after narcotics police arrested Terrance Parker ( who had
discovered that smoking marijuana reduced the frequency of his grand mal
seizures ), and a year after the Ontario Court of Appeal ruled that
Canada's discretionary regulation of the medicinal use of marijuana was
"unfettered and unstructured ... [and] not consistent" with the
principles of fundamental justice,"1 our federal government has taken
the bold little step of drafting new regulations.

In Canada, even the simple possession of small amounts of marijuana for
personal use is a criminal offense, unless you are one of the roughly 40
Canadians who have obtained a special dispensation to use cannabis to
relieve the symptoms of cancer, AIDS, multiple sclerosis or epilepsy.
The program is unduly restrictive. The new regulations promise more
transparency in the review of applications to grow or possess medicinal
marijuana, a broader definition of medical necessity, and greater
latitude for physicians in determining the needs of individual patients.

There are no persuasive randomized trials of marijuana therapy for the
relief of symptoms such as pain and nausea. Such trials are extremely
difficult to do. But the ratio of drug effect ( however subjective that
effect may be ) to drug harm is large: there are no reported cases of
fatal marijuana overdose. The risks of lung cancer ( from the tars in
the smoke ) or the very weak ( and perhaps nonexistent ) risk of
addiction are mostly irrelevant to patients with terminal disease or
severe chronic conditions. About 400 000 Canadians use cannabis for
medical reasons.2 Professional organizations such as the CMA must move
quickly to issue guidelines for physicians who, increasingly, will be
asked for advice by their patients.

Health Canada's decision to legitimize the medicinal use of marijuana is
a step in the right direction. But a bolder stride is needed. The
possession of small quantities for personal use should be
decriminalized. The minimal negative health effects of moderate use3
would be attested to by the estimated 1.5 million Canadians who smoke
marijuana for recreational purposes.2 The real harm is the legal and
social fallout. About half of all drug arrests in Canada are for simple
possession of small amounts of marijuana: about 31 299 convictions in
1995 alone.4 Many lead to jail terms or fines and all result in that
indelible social tattoo: a criminal record. This means that for anyone
who's ever been caught with a stash in his or her pocket, the question
"Have you ever had a criminal conviction?" during a job application or
medical school interview can force higher aspirations to go up in a puff
of smoke.

The decriminalization of marijuana possession for personal use does not
mean making marijuana "legal" or letting it be sold in every schoolyard.
It does mean that possession of small amounts for personal use would
become a civil offense, like a traffic violation, not a criminal one.
The provisions of Canada's Contraventions Act make this a relatively
simple legislative task. Mr. Justice Minister, let's decriminalize the
possession of small amounts of marijuana for personal use. - CMAJ

References

1. R v Parker ( 31 July 2000 ). ( Ont. C.A. ). ( accessed 2001 Apr
19 ).

2. Ogborne AC, Smart RG, Adlaf EM. Self-reported medical use of
marijuana: a survey of the general population. CMAJ 2000;162( 12
):1685-6.

3. Hall W. The cannabis policy debate: finding a way forward
[editorial]. CMAJ 2000;162( 12 ):1690-2.

4. Single E, Fischer B, Room R, Poulin C, Sawka E, Thompson H, et al.
Cannabis control in Canada: options regarding posession. Ottawa:
Canadian Centre on Substance Abuse; 1998. ( accessed 2001 Apr 18 ).


 

 

 

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