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--- Begin Message --- -Caveat Lector- www.ctrl.org DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply.

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Canada: OPED: The Fraud Of Pot Decriminalization
URL: http://www.mapinc.org/drugnews/v04.n1081.a09.html
Newshawk: CMAP http://www.mapinc.org/cmap
Pubdate: Thu, 29 Jul 2004
Source: National Post (Canada)
Copyright: 2004 Southam Inc.
Contact: [EMAIL PROTECTED]
Website: http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Dan Gardner
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

THE FRAUD OF POT DECRIMINALIZATION

With Paul Martin's announcement that the government will reintroduce
legislation decriminalizing the possession of marijuana, the old debate has
resumed. On one side are the hardliners who say that any softening of the
marijuana laws puts the nation at risk of becoming the world's biggest
hippie commune. On the other side are those who think it's absurd that a 16
year old caught with a joint should be saddled with a criminal record -- or
that an adult should be threatened with jail simply because he chooses to
relax on a Friday night with a puff of marijuana instead of a belt of
scotch.

Every poll shows a clear majority of Canadians endorses the government's
plan -- which would make possession and use of small amounts of marijuana a
non-criminal offence, like a speeding ticket. And a good many within that
majority, including the National Post's editorial board, would go further:
As a Post editorial put it last week, decriminalization should be "only a
first step" toward the full legalization of marijuana.

My sympathies are entirely with the Post's editorial board. But I'm afraid I
cannot share its enthusiasm for decriminalization: Contrary to what the
government likes to say and just about everyone thinks, decriminalization
will not mean less persecution of midnight tokers. In fact, it will lead to
more enforcement and punishment. Indeed, that's what the government expects
and wants.

In January, 2003, I used the Access to Information Act to request all
Department of Justice files relating to decriminalization and marijuana
policy. After a series of delays and missed deadlines, I finally received a
thick stack of paper last February.

Leafing through the documents, several facts quickly became apparent. First,
in deciding to make reforms, the government did not conduct a serious review
of marijuana policy. Nor were options other than decriminalization
mentioned, except in passing.

This omission is particularly bizarre because: In 2002, a Senate special
committee delivered a comprehensive 650-page report calling for the full
legalization of marijuana possession and the licensing of marijuana
producers. International experts, those who agreed with the conclusions as
well as those who didn't, lauded the report as one of the most rigorous
studies ever produced. Yet the government ignored it. The few references to
the report in the Department of Justice documents I examined consist mainly
of talking points, which advise government figures to tell the media: "The
Senate report will be a very helpful contribution to the development of
Canada's drug strategy." There's no discussion of the report's arguments and
conclusions. No analysis of its voluminous evidence. No substance at all.

When I told Senator Pierre-Claude Nolin, the chairman of the committee, that
the report had been ignored, he was shocked. He said he had personally
briefed then-justice minister Martin Cauchon. According to Mr. Nolin, "he
told me he was to ask his department to review the report and give him an
analysis."

I found another surprise in a draft Cabinet submission labelled "secret."

In a policy backgrounder on decriminalization, the Cabinet submission notes
a phenomenon criminologists call "net widening," which essentially means
that when punishments are reduced, enforcement typically goes up. That's
because police officers often let minor offenders get away with a warning
when they feel that a criminal charge and sentence is too severe under the
circumstances. Reduce the punishment and fewer offenders are let go. The
law's "net" is effectively cast wider.

Marijuana decriminalization is likely a classic net-widening policy. Most
police officers, like most Canadians, think criminal charges for pot
possession are excessive and not worth the associated administrative burden.
So they often tell petty offenders to hand over the baggie and go home.
Contrary to what ministers like to say in selling decriminalization, it is
very unlikely that an otherwise innocent teenager caught with a joint will
see the inside of a courtroom, and even more unlikely that he will be
saddled with a criminal record. It happens, but it is rare.

Decriminalization, by contrast, would introduce a ticketing system that
reduces the paperwork involved. And it would bring punishments more in line
with what the average cop might accept as fair. Enforcement and punishment
would soar.

This is no mere conjecture. It's precisely what happened in South Australia
when marijuana was decriminalized in 1987.

The draft Cabinet submission notes all this, and concludes that
decriminalization in Canada "will likely increase enforcement." Quite true.
But the astonishing thing is that this conclusion is listed under
"Advantages."

In other words, decriminalization is a fraud. Reformers support it because
they think it means easing back the heavy hand of the law. In reality, it
will do the opposite -- and the government knows it.

This deception is appalling. So is the failure of decriminalization, unlike
legalization, to take back the marijuana trade from criminals and gangsters.

But perhaps the most destructive aspect of the policy would be the image it
creates in the public's mind. Many Canadians already mistakenly believe our
drug laws are quite liberal. And if decriminalization passes, that
assumption will become universal. Canadians who agree that the status quo is
a mistake -- their ranks are growing daily -- would conclude that major
reform has been accomplished and the drive for real change would peter out.

Plus, you can bet your last dime bag that any bad news about drugs in the
future -- rising usage rates, gang wars over the trade, whatever - -- would
be blamed on our "liberal" drug laws.

This is why the Post is mistaken for endorsing decriminalization. Sensible
folks who want real marijuana reform should grit their teeth, join hands
with the hawks who want to make war on the weed, and defeat the bill.

------------------------------------------------------------------------
MAP posted-by: Larry Seguin


www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
========================================================================
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