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 NORML News: Canadian Senate Inquiry: "Legalise It!"

PoliticsNORML News Summer 2003

As the New Zealand cannabis inquiry begin to write their report, two Canadian parliamentary committees have recommended ending the war on marijuana.

The Canadian Senate Special Committee on Illegal Drugs recommended the full legalisation of cannabis, then the lower house Special Committee on Non-Medical Use of Drugs recommended decriminalisation with a personal limit of 30 grams. The reports follow more than two years of extensive research and public hearings throughout Canada. Both reports put a heavy emphasis on harm reduction, and the need for continual evaluation.

Justice Minister Martin Cauchon said the government preferred decriminalisation and the law was likely to change in 2003. Growers and users of small amounts would not face prosecution. When questioned about the Senate report in parliament, Health Minister Annette King said her "only source of information" about the report had been Norml's web site (www.norml.org.nz). Perhaps the New Zealand policy makers could study the Canadian reports.

Senator Pierre Claude Nolin, Chair of the Special Committee said "Scientific evidence overwhelmingly indicates that cannabis is substantially less harmful than alcohol and should be treated not as a criminal issue, but as a social and public health issue."

"Domestic and international experts and Canadians from every walk of life told us loud and clear that we should not be imposing criminal records on users or unduly prohibiting personal use of cannabis. Whether or not an individual uses marijuana should be a personal choice that is not subject to criminal penalties. It should be regulated by the State much as we do for wine and beer, hence our preference for legalization over decriminalisation."

The committee also examined the international repercussions of Canada's cannabis policies as well as those of other countries. It studied liberal approaches to cannabis in countries such as the Netherlands, Switzerland and Spain along with more restrictive policies such as Sweden, France or the United States. The committee recommended that Canada should seek amendments to United Nations conventions and treaties governing illegal drugs. Deputy Chair Senator Colin Kenny said "Though what we are recommending for our country has an impact on our friends and neighbours, Canada must make its own decisions in the best interests of its citizens."

The Canadian Senate Inquiry's recommendations include:
  • Canada should adopt an integrated policy on the risks and harmful effects of all substances including cannabis, medications, alcohol, tobacco and illegal drugs, focusing on educating users, detecting and preventing at-risk use, and treating excessive use.

  • As far as cannabis is concerned, only behaviour causing demonstrable harm to others should be prohibited: illegal trafficking, selling to young people under the age of 16, and impaired driving.

  • Legislation for a cannabis exemption scheme should be introduced stipulating conditions for obtaining licences, producing and selling cannabis; criminal penalties for illegal trafficking and export; and the preservation of criminal penalties for all activities falling outside the scope of the exemption scheme.

  • Present medical marijuana provisions should be revised to provide greater access for those in need. The Marijuana Medical Access Regulations should be amended to create new rules regarding eligibility, availability, production and distribution of cannabis for therapeutic purposes.

  • Amnesty should be provided for any person convicted of possession of cannabis under current or past legislation.

  • To implement its recommendations, the Senate committee proposed the creation of a National Advisor on Psychoactive Substances and Dependency within the Privy Council Office, and a conference of key stakeholders next year to set goals and priorities for action.
The Senate Report can be read at www.parl.gc.ca





 
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Links in this article:
· NORML News Summer 2003
· www.parl.gc.ca


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