DECRIMINALIZE SIMPLE POT POSSESSION
If all goes according to the Liberal government’s recently announced plan, marijuana will be legal for adults in Canada as of July 1, 2018. This is a welcome reversal of Canada’s 80-year prohibition on pot, which has never managed to control the demand for the recreational drug and left a black market in the hands of organized crime.
But while the necessary legislative and practical preparations are undertaken, it remains a crime for Canadians to possess even small amounts for personal consumption.
It is senseless to go ahead with criminal charges for an offence that will no longer be a crime in a matter of months, wasting precious court resources in a justice system already struggling to handle more serious cases in a timely manner.
It is also grossly unfair. Saddling people with criminal records for something legislators are the process of legitimizing has devastating consequences. Prime Minister Justin Trudeau has cited this injustice as one of the reasons for finally legalizing pot.
The prime minister also seems to recognize that marijuana charges disproportionately hurt the young and the marginalized. Trudeau recently revealed that his late brother, Michel, was charged with possession six months before his death in an avalanche. But he said that his father had the resources to hire a good lawyer and was confident that there would be no serious legal consequences. Given Trudeau’s acknowledgment that his family’s privilege benefited his brother’s case, especially for those being convicted now, it seems unfair and pointless to allow criminal charges to pile up for Canadians without the means to fight them.
The right thing to do is to decriminalize simple marijuana possession until the new legal framework is in place. This should not be confused with immediate legalization. It doesn’t mean giving a free pass for trafficking or allowing unfettered consumption, it means merely giving tickets or fines — instead of criminal charges — to those found to have small quantities of pot for personal use.
There should also be an awareness campaign that smoking up remains illegal and what the consequences would be of flouting existing laws. This is needed to clear up the confusion that is accompanying the push toward legalization.
The government needs time to hammer out the important details of how the new marijuana laws will work, but it also has a responsibility to address the unfairness that is festering.