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Canada Cannabis Cauldron Bubbling Again

DRCNet.org

Drug War Chronicle, Issue #354

Friday 17 Sep 2004

---

Canada has been in a tizzy over marijuana for the last few years. The=20
minority Liberal government of Prime Minister Paul Martin hopes to quiet=20
the issue by reintroducing its "decriminalization" bill, which would make=20
possession of small amounts (less than 30 grams) subject to fines instead=20
of criminal sentences. Liberal parliamentarians announced earlier this year=
=20
that the bill would be reintroduced.

But earlier versions of the decrim bill garnered only lukewarm support even=
=20
from the Liberal Party, while angering old-line drug warriors who thought=20
it was a cave-in to "the drug lobby" and drug reform activists who viewed=20
it as too little too late. Now, a pair of incidents in the last month have=
=20
raised more questions about just what a decrim bill would accomplish, while=
=20
at the same time putting the issue squarely back on the Canadian political=
=20
front burner.

In a surprise move, on August 19, a judge in Saskatoon, Saskatchewan,=20
sentenced Canada's most well-known marijuana reformer, pot seed=20
entrepreneur "Prince of Pot" Marc Emery to 90 days in jail as a drug=20
trafficker after Emery pled guilty to sharing two joints with supporters=20
after a political speech there. Emery, founder and president of the British=
=20
Columbia Marijuana Party (http://www.bcmarijuanaparty.ca), publisher of=20
Cannabis Culture magazine, and creator of Pot-TV (http://www.pot-tv.net),=20
has been convicted at least 11 times for his cannabis-related civil=20
disobedience, but never sentenced to serious jail time.

Canadian drug trafficking law makes no distinctions based on drug=20
quantities or on the particular drug involved. In theory, if not often in=20
practice, persons who, like Marc Emery, merely shared a joint, can be=20
charged as drug traffickers and sentenced to as much time as a major heroin=
=20
or cocaine importer. The decriminalization bill being prepared by the=20
Liberals does not redress this glaring problem.

If Emery's imprisonment, the daily protests outside the Saskatoon=20
courthouse by his supporters, and the deluge of media coverage about it=20
weren't enough, the pot issue received another huge round of publicity=20
after Vancouver police raided a Commercial Drive shop for selling marijuana=
=20
on September 9. Da Kine Food and Beverage shop (http://www.dakinesmoke.ca)=
=20
had been open for four months, selling marijuana in a cannabis cafe setting=
=20
reminiscent of Amsterdam. Vancouver police claim to have been aware of the=
=20
business, but did not act to shut it down until CTV -- the Canadian=20
equivalent of Fox News -- ran a "shocking expose" revealing the cafe's=20
operations.

That raid resulted in the surrealistic scene of dozens of Vancouver police=
=20
dragging Da Kine employees off to jail while a large crowd jeered and=20
smoked joints in solidarity with the neighborhood business. What the raid=20
did not achieve was closure of Da Kine. It was back in business the next=20
day, once again selling marijuana. While Da Kine has been raided, police in=
=20
Vancouver have turned a blind eye to at least two other, lower profile=20
businesses doing the same thing on Commercial Drive and one, not affiliated=
=20
with Marc Emery, selling marijuana on Vancouver's West Hastings Street "pot=
=20
block." Cannabis cafe-style shops are also open in at least one interior=20
British Columbia community and reportedly in Toronto.

The publicity surrounding Da Kine has put Vancouver Mayor Larry Campbell,=20
an advocate of drug legalization, is an awkward position. While the clamor=
=20
was growing in some quarters to crack down on the illicit business,=20
Campbell had said the fact it existed was "no big deal." Campbell was=20
forced to elaborate Sunday at a meeting across the street from Da Kine as=20
customers continued to make their way into the cafe.

By staying open, Da Kine is "poking a stick at the police," Campbell said.=
=20
"Certainly there is a big deal from the point of legality. It's illegal and=
=20
there's nothing the city can do to change that. It's a federal law and this=
=20
idea that we can pass a by-law that says coffee shops can sell marijuana is=
=20
craziness. We can't do it, it's not a municipal responsibility. I support=20
legalization of marijuana but at the same time that doesn't mean they get=20
to flout the law until the law is changed," Campbell said. "My answer is=20
you legalize it and tax the living hell out of it. And every bit of the tax=
=20
should go straight to health care, not the general fund," the mayor added.

Marc Emery will get out of jail in a few weeks, and Da Kine will either be=
=20
busted again or not, but with support for marijuana law reform strong and=20
Canadian activists determined to push the envelope, what is clear is that=20
the gap between social reality and the criminal law on marijuana is growing=
=20
wider by the day.

"There is an increased divergence between what the law says and what=20
actually happens," agreed Dana Larsen, editor of Cannabis Culture and a BC=
=20
Marijuana Party leader. "These cafes will expand over time, just like in=20
Amsterdam," he predicted. "There are already other places selling over the=
=20
counter on Commercial Drive. We are really seeing the coffee shop movement=
=20
develop before our eyes now here in Vancouver," he told DRCNet. "We already=
=20
have a safe injection site for heroin users, and a safe inhalation site for=
=20
crack smokers is in the works here," said Larsen. "Da Kine is a safe=20
inhalation site for marijuana people."

The incidents with Marc Emery and Da Kine have roused the New Democrats=20
(NDP), Canada's third national party, whose platform implicitly calls for=20
the complete legalization of marijuana. "We are seeing huge legal problems=
=20
with the lack of rational and just laws governing marijuana," said federal=
=20
party head Jack Layton in a statement Monday.

Vancouver NDP Member of Parliament Libby Davies elaborated. "In light of=20
Marc Emery's arrest last month for 'passing a joint' and the recent arrests=
=20
on Commercial Drive, parliament needs to have a realistic discussion about=
=20
the laws governing adult marijuana use," she said. "Many are likely not=20
aware but sharing a joint is considered trafficking under our current=20
federal laws," said Davies. "I had an amendment when parliament considered=
=20
changes to the marijuana laws last fall which would have stricken this from=
=20
the books, but the Liberal-dominated committee voted it down. These sorts=20
of situations are going to continue if Paul Martin and the federal=20
government refuse to face the issue, and as a result lives are ruined=20
because of criminal convictions and communities and local business are=20
unfairly affected by police raids," said Davies, whose district includes Da=
=20
Kine.

"We are making it clear that we think this legislation needs to be dealt=20
with urgently and it needs to be changed," Davies told DRCNet. "We will=20
work to amend the bill and make it more realistic, but even so, we see the=
=20
decrim bill as only a first step; we want to go far beyond that," she said.=
=20
"This year we will try again, and we will try to win support from the Bloc=
=20
Quebecois [while only a regional party, the Bloc has the third largest=20
number of seats in parliament; the NDP is fourth] and negotiate with the=20
Liberals."

If the renascent marijuana controversy has roused the NDP, it has also=20
roused the Conservative opposition. "The Liberal decriminalization bill is=
=20
a waste of time," said Member of Parliament Randy White, the Conservative=20
drug policy critic. "It will not satisfy either those who want legalization=
=20
or those who want abstinence," he told DRCNet. The Conservatives will not=20
support the Liberal decrim bill unless it is part of a larger national drug=
=20
strategy, White said.

"We need a national drug strategy. You may not like the American strategy,=
=20
but at least they have one," White said. "We should have done this 12 or 15=
=20
years ago. Now we have a situation where anything goes, from arresting=20
someone with one joint to giving no punishment for someone with 40 joints.=
=20
This is a result of not having a drug policy."

Most Canadian marijuana activists consider White a Neanderthal on the=20
issue, but White, too, sounded like he was being swept by the same tides=20
sweeping the country. "I am open to looking at cannabis policy," White=20
said, "and my position has changed. Once upon a time, I believed in total=20
abstinence for everything. I still believe in abstinence, but I am no=20
longer na=EFve enough to believe that is possible. Let's talk about=20
marijuana, but let's do it in the context of a national drug strategy. I'm=
=20
not prepared to talk about decriminalization if we are going to be ignoring=
=20
crystal meth labs."

Dana Larsen and Randy White don't have much in common other than being=20
Canadian, but one thing they do share is the prediction that the Liberal=20
decrim bill will die a lonely, neglected death. "I don't expect it to=20
pass," said Larsen. "It's contentious, and the Liberals are famous for not=
=20
dealing with issues like that. But we are approaching the end game," he=20
contended.

While continued public support for marijuana prohibition may be waning and=
=20
even waning rapidly, it is unclear what will happen next. The Canadian=20
Supreme Court last year had an opportunity to throw out the marijuana law,=
=20
but declined. That leaves parliament. But with the Liberals offering up=20
only a weak bill that pleases no one, a parliamentary exit appears a long=20
way off. The other option is for Canadian authorities to follow the Dutch=20
model and allow for the regulated sale and consumption of cannabis. But, as=
=20
was evident in Vancouver this week, that will only fly as long as=20
authorities are allowed to ignore the fumes wafting up from Commercial=20
Drive -- or until Canadian officials make ignoring the pot laws official=20
policy.

Meanwhile, Marc Emery is about halfway through his jail sentence. And while=
=20
Saskatoon authorities can lock him up, they haven't been able to shut him=20
up. Emery posts regularly to a blog on the BC Marijuana Party web site and=
=20
even addressed a Saskatoon rally in his support via telephone. We are=20
seeking an interview for next week's issue of Drug War Chronicle.

In the meantime, if you want to support Marc Emery, send him a postcard at:=
=20
Marc Emery, c/o Saskatoon Correctional Centre, 910 60th Street, East=20
Saskatoon S7K 2H6, CANADA.

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