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Canada: Let's remember Prohibition -- and legalize marijuana

John Ibbitson

The Globe & Mail, Canada

Tuesday 02 Nov 2004

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The commercial cultivation of marijuana, once largely confined to British
Columbia, has spread nationwide. In Ontario, the harvest has grown by an
estimated 250 per cent in the past two years. Police recently raided
grow-ops in Moncton. In Edmonton, real-estate agents are exploring their
legal liability for selling a house that turns out to have been a nursery.

Remember this, when you consider Bill C-17.

The Liberal government's third attempt at decriminalizing marijuana
possession was introduced in the House yesterday. Whether the bill makes it
into law will largely depend on whether Parliament lasts long enough to get
it through.

Ottawa has been considering such legislation now for a year and a half. In
that time, as usual, political considerations have fallen behind reality.

Evidence is sketchy -- there is, as yet, no marijuana marketing board --
but various studies suggest that pot is now one of Canada's major cash
crops. RCMP marijuana-plant seizures have increased fourfold in the past
four years. The Electricity Distributors Association estimates that Ontario
utilities are losing as much as $200-million a year from illegal taps of
power lines by grow-ops. Some people believe the retail value of the
national marijuana harvest surpasses the wheat or dairy industries.

In an effort to control the spread of grow-ops, governments are skirting
with unconstitutional laws. The Ontario government has introduced
legislation that would permit authorities to cut power to homes suspected
of growing marijuana.

At the federal level, Bill C-16, which was also introduced yesterday, will
expand police powers to compel blood, saliva or urine tests for suspected
drugged drivers. Both laws may well offend the Charter of Rights and Freedoms.

Today, the Mounties begin a two-day conference on the problem of grow-ops
and what to do about them. They are unlikely to grapple with the real
solution.

We are rapidly moving to the point where the state will have no choice but
to move beyond decriminalization and toward legalization and regulation.
Otherwise, we could be back to the 1920s and the challenge to state power
that accompanied Prohibition.

According to Statistics Canada, 12 per cent of adult Canadians in 2002
admitted to smoking pot at least once in the previous 12 months. (The real
number is probably higher.) That doesn't make it a good thing, but it does
make it a common, socially acceptable, thing.

Opponents of legalization point to the many safety hazards of pot
consumption: It can be far worse for your lungs than cigarettes; it is
addictive (psychologically, if not physically); and putting it in the hands
of Labatt or Imperial Tobacco would offer societal sanction of a dangerous
drug.

Except that society already regulates tobacco and alcohol because they're
dangerous. Banning them is impossible, given their widespread use, and so
governments permit their sale under strict conditions, accompanied by heavy
taxation to mitigate their societal cost.

Regulating cannabis would provide a cash crop for the struggling
agriculture sector that, rest assured, would not require government subsidies.

Strict laws and punitive taxes would make sure the weed would be no easier
for underage tokers to obtain than it already is.

Legalization would be a blow to organized crime, would improve health and
safety conditions among cultivators, would increase tax revenues, and would
relieve governments of the temptation to violate the Constitution in their
futile efforts to shut down the industry.

We shouldn't be legalizing marijuana because we want to feel all right. We
should be legalizing and regulating it in recognition of the truth that
this soft but potentially dangerous drug has crossed the threshold of
respectability in middle-class society.

Let Parliament pass Bill C-17. (Bill C-16 may need another look.) Then
let's get to work on the bigger job of figuring out how to control
recreational drug use in a society that has decided there's nothing wrong
with occasionally getting stoned.

jibbitson@globeandmail.ca

 

 

 

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