Decriminalization of Marijuana

1
Decriminalization of Marijuana

• Stephen Meredith, Project Consultant
• Centre for Addiction Mental Health
• February 2004

2
Cannabis Use, OSDUS 2003

• In 2003, 29.6 of students used cannabis at least
  once during the past year, and 34.5 used in
  their lifetime.
• There was no difference in use between males
  (30.9) and females (28.3).
• Use varied by grade (from 6.2 of 7th-graders to
  about 45 of 11th- and 12th-graders).
• There were no regional differences.

3
Early Onset Cannabis

• More 7th-graders today used cannabis at an early
  age
• About 5 of 7th-graders in 2003 used cannabis by
  grade 6 (age 11) vs 1 in 1993.

4
Cannabis Use Trends

• Cannabis use in 2003 (29.6) is similar to the
  rate in 2001 and 1999.
• Cannabis use has been on a significant upward
  trend since 1993 (12.7), and remains at an
  elevated level.

5
Cannabis Use Frequency

• 16.5 of students used cannabis 6 or more times
  during the past year.
• 4.2 of students used cannabis daily during the 4
  weeks before the survey.
• Among cannabis users, 13.6 used daily during the
  4 weeks before the survey.

6
Trends in Daily Cannabis Use among Users

• Daily cannabis use among users is significantly
  higher in 2003 (13.6) than in 1999 (8.1).
• Daily cannabis use has increased over the
  long-term, with the current rate significantly
  higher than that found in 1987 (3.5).

7
Cannabis Use Problems

• In 2003, 8.1 of students (25 of cannabis users)
  reported at least one of three dependence
  indicators.
• Among users, 40 reported attempts to reduce
  their use 24.3 reported daily use and 11.6
  reported uncontrolled use.

8
Potential Cannabis Dependence
Cannabis users who report uncontrolled cannabis
use and sustained daily use or attempts to reduce
use may have a dependence problem About
one-in-ten users may be dependent on cannabis.
There are no significant differences by sex,
grade or region.
9
Cannabis Driving

• About one-in five drivers in grades 10-12
  reported driving within one hour of using
  cannabis at least once during the past year.
• Males were more likely to report doing so,
  compared to females (25.6 vs 14.1) no
  differences were found among the grades or among
  the regions.

10
CAMH Monitor Cannabis Use

• The survey shows that in 2002, 11 of Ontario
  adults reported using cannabis at least once
  during the year before the survey. Use is
  significantly higher among males (15) than
  females (8) and higher among younger age groups
  (from 22 among 18-34 year-olds, down to 3 among
  those over age 55).

11
CAMH Monitor -Cannabis Driving

• The survey shows that among adults with a
  driver's license, 3 (approximately 200,000
  drivers) report having driven a vehicle within an
  hour of using cannabis, at least once during the
  year before the survey.
• The rates are highest among males (5) and 18 -
  34 year olds (6).

12
What is the current legal status?

• Possession of marijuana remains illegal
• You can get up to 6 months in jail or a 1000
  fine for a 1st offence.
• You can get up to 12 months in prison or a fine
  of 2000 for subsequent offences.
• You will have a criminal record for life.
• You can get up to 7 years for growing marijuana.

13
Concerns about the current system?

• Being prosecuted and convicted for an offence in
  criminal court bears a stigma that can have
  far-reaching consequences in an individuals
  life.
• The harm caused by a criminal conviction
  outweighs the harm caused by taking the drug.
• The current law is unevenly applied. In about
  half of all incidences where police officers
  encounter individuals in possession of marijuana,
  no charge is laid.

14
The current system

• In large urban centers, police are much less
  likely to lay a charge for possession of small
  amounts and the accused is more likely to receive
  a discharge if they do go to court.
• Sentences for producing marijuana are too lenient
  and grow operations are becoming a serious issue.
  
• Public opinion surveys show falling support for
  incarceration for possession of small amounts of
  marijuana.

15
Police Resources/Deterrent

• Possession charges consume a great deal of police
  resources even though a very small percentage of
  users ever get charged.
• There is no evidence that harsh cannabis laws
  deter people from using cannabis.
•  A twenty-year-old study showed that the vast
  majority of people convicted for cannabis use
  continued using it

16
The Situation in Canada

• Federally, 11 departments and agencies spend
  approximately 500 million annually to address
  illicit drug use in Canada. . . . About 95
  percent of the federal governments expenditures
  on illicit drugs were used for supply reduction.
• Auditor General of Canada 2001

17
Bang for our Buck?

• Law enforcement is able to stop only about 10
  percent of the C7 billion to C10 billion annual
  trade in illegal drugs in Canada.
• Testimony of Mr. Mark Connolly, Director General
  of Contraband and Intelligence Services
  Directorate, Customs Branch, Canada Customs and
  Revenue Agency, House of Commons Special
  Committee on Non-Medical Use of Drugs, October 1,
  2001.

18
By the numbers

• 1.3 Billion - The number of dollars Canada spends
  per year in marijuana-related police and
  prosecution costs.
• 600,000 - The number of Canadians who have
  criminal records for possession of marijuana
• 75 - The percentage of all drug-related offences
  in Canada in 2001 that involved cannabis

19
Marijuana Cultivation

• British Columbias Organized Crime Agency
  estimates that more than 15,000 growing
  operations in British Columbia produce 6 billion
  worth of marijuana annually.
• Auditor General of Canada, 2001

20
Influence of the Courts

• August 2000 -- Ontario's court of appeal rules
  that banning marijuana for medicinal purposes
  violates the Canadian Charter of Rights and
  Freedoms.
• Striking down a federal law prohibiting the
  possession of less than 30 grams, the court rules
  the law violates the rights of the sick to use
  the drug for medical purposes

21
Milestones in Canada

• July 2001 - Canada becomes the first country in
  the world to legalize the use of marijuana by
  people suffering from terminal illnesses and
  chronic conditions
• September 2002 - The Special Senate Committee on
  Illegal Drugs releases its final report which
  concludes marijuana is less harmful than alcohol
  and should be governed by the same sort of
  regulations that control tobacco.

22
Milestones (2)

• October 2003 A court ruling on medical
  marijuana effectively re-instates existing laws
  on possession of marijuana.
• February 12, 2004 The Bill (now called C-10)
  was reintroduced for debate at the same stage it
  was when the House was suspended in November

23
Decriminalization - Definition

• The removal of criminal sanctions for certain
  activities while retaining legal prohibitions.
• Allows for continued criminal prosecution of many
  or most actions relating to an illicit substance
  like cannabis, such as trafficking, while
  allowing possession of small amounts for personal
  use.

24
Cannabis Reform Bill

• Bill C-10
• Offences

25
Cannabis Reform Bill C -10

• Under the proposals included in the bill,
  cannabis possession and production will remain
  illegal and will continue to be covered under the
  Controlled Drugs and Substances Act.
• What will change is the approach to enforcement.

26
The Bill includes measures that

• replace the current criminal court process and
  resulting criminal penalties with alternative
  penalties for minor possession offences
• provide law enforcement officers the discretion
  to give a ticket or issue a summons to appear in
  criminal court for possession of larger amounts
  and

27
The Bill includes measures that

• provide for greater alternative penalties when
  aggravating factors are present
• create new offences providing tougher penalties
  for illegal growers.
• The larger the operation, the greater the penalty.

28
Bill C-10 Offences

• Possession of 15 grams or less of marijuana would
  be punishable by a fine of 150 for an adult,
  100 for a youth. (Would equal 15 to 20 joints)
• Possession of one gram or less of hashish,
  punishable by a fine of 300 for an adult and
  200 for a youth.

29
Bill C-10 Aggravating Factors

• In cases of possession of 15 grams or less of
  marijuana or one gram or less of hashish where
  aggravating factors exist, the fines are 400 for
  an adult and 250 for a youth.

30
What aggravating factors?

• While operating a motor vehicle, railway
  equipment, airplane or vessel
• While committing an indictable offence
• When in or near a school that is attended
  primarily by persons under the age of 18

31
Police Discretion

• Possession of between 15 grams and 30 grams of
  marijuana. A police officer would decide if the
  person should receive a ticket or issue a summons
  for a summary conviction.
• The ticket fine would be 300/200.
• Summary conviction penalty would be up to 6
  months imprisonment and/or up to a 1,000 fine.

32
Possession Summary
33
Trafficking

• Current penalties for trafficking in cannabis
  will not change.
• Trafficking possession for the purpose of
  trafficking in 3 kg. or less of hashish or
  marijuana is an indictable offence punishable by
  imprisonment for up to five years less a day.
• Over 3 kg. up to life in prison

34
Marijuana Cultivation(2)

• Currently, production of marijuana is a single
  offence punishable by up to 7 years of
  imprisonment.
• The proposed legislation will create four
  separate offences with penalties that better fit
  the seriousness of the crime

35
Cultivation Summary
36
Imprisonment for Aggravating Factors

• In addition, in cases involving more than three
  plants, a judge would have to provide reasons why
  imprisonment was not imposed where any of the
  following aggravating factors was found
• a risk of danger for children in the building
  where the operation exists
• use of traps (set to protect the premises from
  intruders or police)

37
Imprisonment for Aggravating Factors - 2

• use of explosives (for example, as a booby trap
  or to destroy evidence)
• use of land belonging to others (for example,
  farm land) and
• operation creating a safety hazard in a
  residential area

38
What if people do not pay the fine?

• a person who receives a ticket but does not pay
  it will not face a criminal conviction
• nor will a person who challenges a ticket in
  court, even if they are found guilty.
• fines assessed in court will not be higher than
  those set out on the ticket
• fines not paid will be collected according to the
  same provincial rules governing parking or
  speeding tickets.

39
Reporting to Parents

• The parent or guardian of anyone under 18 would
  be notified that the youth has received a ticket
  or has been charged.

40
Reporting to Foreign Governments

• Police are prohibited from sharing information
  about Canadians caught with small amounts of
  marijuana with authorities in the United States
  or other foreign governments or agencies. (this
  is a new addition)

41
Impaired Driving

• Remains illegal
• The renewal of Canada's Drug Strategy provides
  additional funding of 910,000 to continue and
  intensify work in the area of training of law
  enforcement officers to recognize the effects of
  drug impairment.

42
Prevention/Evaluation

• The government would spend about 150 million on
  an educational campaign to convince young people
  not to use drugs.
• Calls for a review of the effects of the
  penalties proposed in the bill within three years

43
Cannabis Laws U.K (Jan. 04)

• In most cases, possession will not lead to
  arrest.
• An on-the-spot warning will be given, the drug
  will be confiscated
• Arrests would only be made in aggravated
  circumstances, such as smoking the drug outside a
  school.
•  The maximum prison sentence for possession was
  lowered from 5 years to 2 years.
• The move was designed to free up police to target
  hard drugs like cocaine and heroin.

44
United Kingdom

• January 2004 - Laws against cannabis in the UK
  have been relaxed in the biggest shake-up of
  Britain's drug laws in 30 years.
• The drug has been downgraded from a class B drug
  to class C -- putting it in the same category as
  tranquillisers and anabolic steroids.
• The drug remains illegal.

45
United States

• Between 1973 1978, 11 states reduced the
  offence of possession of less than 1 ounce of
  marijuana to a civil violation, with a maximum
  fine of 100.
• Studies showed that this had no significant
  impact on rates of use but substantially reduced
  the social costs related to marijuana use.

46
Netherlands

• Has permitted the possession and retail sale of
  cannabis since 1976
• Ranks lower than the U.S. in the of people who
  have ever used cannabis in every age category.
• Has a higher age of initiation of cannabis use.
• Fewer adolescent use other illegal drugs.

47
What do other countries do?

• In Spain, Portugal, Belgium, and Luxembourg
  possession is not a crime.
• In Germany, Switzerland and Denmark, it remains a
  criminal offence but is not prosecuted.
• In France, prosecutors and judges have been
  directed to avoid criminal charges except as a
  last option.
• Australia gives a civil fine and charges
  criminally only if the individual does not pay
  the fine.

48
What will happen?

• Numerous international studies suggest that there
  is no correlation between cannabis use and the
  severity of cannabis use penalties.
• It has never been scientifically proven that
  cannabis causes people to use other drugs.
  (gateway theory)
• Reducing the punitive nature of cannabis
  possession law and control in Canada is very
  unlikely to suggest to people that cannabis use
  is broadly tolerated or encouraged

49
What are the concerns?

• Does not really decriminalize.
• People will assume that cannabis is safe to use.
• Use may increase.
• Potential for increase in-low level trafficking
• May lead to increased prosecutions net-widening
  effect
• No amnesty provisions

50
Concerns

• Passing a joint is still considered trafficking.
• Under the Controlled Drug and Substances Act
  suspicion that an illicit drug, of any amount, is
  in a home is enough for a warrant to be issued
• Discretion that the current Bill gives to the
  police to criminally charge someone who possesses
  between 15 and 30 grams creates potential for
  police bias in who gets charged.
• Will police want the revenues from ticketing?

51
How does this change our work?

• In small groups, discuss
• Does this change our work?
• What challenges does it present?
• What should we do in response to the proposed
  changes?

52
Messages for Young People

• Break up into small groups and review the
  messages on the next slide.
• Try to come up with your own messages and record
  a lit of your favorite messages.
• Turn these in to Steve at the end of the session.
• A summary will be sent out to participants or
  made available on the FRC Web site.
• These will also be forwarded on to Health Canada.

53
Sample Messages for Youth

• Toking is still smoking..your lungs dont know
  the difference.
• Marijuana is not a performance enhancing drug.
• Do you have to or do you want to?
• Do you remember what you did today?
• Where will your use take you?
• Good friends dont let friends toke and drive

54
Tips from Youth

• Generally preferred clear, thoughtful, factual,
  straightforward messages.
• Keep the messages short.
• Dont make the messages negative (no No
  messages)
• Like visuals / graphics / pictures.