Supreme Court exhibits surprising
restraint on pot law

Canada's Parliament first criminalized the possession of marijuana, along with other narcotics such as opium, during the prohibition era in 1923. The so-called "Indian Hemp" was not identified as a particular societal problem at the time. Indeed, it would be a full nine years before the first possession charge was laid against someone caught in possession of the drug.

Yet, it would not be until the 1960s era of teenage rebellion that charges of marijuana possession surpassed more than 100 in a single year across Canada.

Now, police are seizing more than one million marijuana plants annually from criminal cultivators and laying ten of thousands of possession charges against abusers.

Of course, it was only a matter of time before marijuana abusers would try to have the prohibition overturned by Canada's activist courts. Yet, somewhat surprisingly, the Supreme Court of Canada ruled on Dec. 23 in a 6-3 majority decision that the Narcotics Act is an acceptable use of the criminal powers granted to Parliament under the Constitution.

The majority decision recognized that, "Control of a psychoactive drug that causes alteration in mental functions raises issues of public health and safety, both for the user and for those in the broader society affected by his or her conduct. The use of marijuana is therefore a proper subject matter for the exercise of the criminal law power."

Police forces, confronted with ever more brazen marijuana scofflaws in recent years, breathed a sigh of relief upon hearing the news. Canadian Professional Police Association president Tony Cannavino said, "Today's rulings send at least a clear message about the legitimacy of our current laws pertaining to marijuana. Over the past years, the on-going debate about the decriminalization of marijuana, and more recently around Bill C-38 (the marijuana bill), have unfortunately fed the perception of a higher tolerance towards marijuana possession and trafficking. Advocates for 'legal marijuana usage' have pushed their fate, appealing to the highest court in Canada and it dismissed their challenges."

Cannavino continued, "The CPPA's position pertaining to the liberalization of marijuana has always been very clear. Before bringing any significant legislative change, Canada first needs a fully funded ational drug strategy that invests in research, enforcement, and innovative prevention and treatment. Police officers need the right tools and training to combat impaired driving by drugs. We also need to send a clear message to our youth - marijuana is a harmful drug and the only right choice for them is to stay drug-free."

Indeed, Brian Rush-feldt, executive director of the Canada Family Action Coalition and a former narcotics addiction counsellor, told The Interim: "Marijuana is a mood- and mind-altering drug. It alters the state of emotions. I've seen the effect this has on relationships. It affects marriages and families, sometimes tearing them apart, and can create a financial burden, too."

He pointed out there are many costs to society from the widespread abuse of this drug. "Marijuana causes problems in the workplace. Abusers have higher rates of absenteeism and take unnecessary risks on the job site. There are costs for employers and employees," said Rushfeldt.

And, he said that abusers also make dangerous drivers. "The drug alters brain functioning and driving under the influence of marijuana is just as dangerous as driving impaired."