Inter Press Service - September 25, 2002
Mark Bourrie
OTTAWA, Sep 25 (IPS) - While Canada's justice minister says he is ready to defy pressure from the United States and decriminalise possession of marijuana, the country's health minister is fighting in court against a group of seven people who smoke pot for medical reasons.
Justice Minister Martin Cauchon said in a recent interview that he plans to bring in a new marijuana law early in 2003.
While a Senate committee recently recommended fully legalising cannabis possession, the new law will likely make marijuana a minor offence under the Food and Drug Act.
Cauchon will introduce the law despite the opposition of U.S. drug chief John Walters, who has threatened to tighten the border between the neighbouring countries if Canada relaxes its law.
Meanwhile, Health Minister Anne McLellan is trying to block a programme to provide marijuana to health sufferers, who have certificates to use the drug but must now grow their own or buy it on the street.
An earlier Senate report found that between 30 and 50 per cent of Canadians between the ages 15 and 24 have used cannabis.
Cauchon is proposing a law that would penalise possession of the drug with a fine, but no criminal record. At the least, the government is expected to amend the present law that saddles violators with a criminal record that severely limits educational, career and travel prospects.
The justice minister says police and courts across the country have inconsistently enforced the present law, which treats marijuana as a narcotic similar to heroin and cocaine.
In rural and more conservative parts of Canada, people are jailed for possessing small amounts of cannabis, while in major cities, police often confiscate the drug without laying charges.
Cauchon said he realises Canada's powerful southern neighbour opposes relaxation of marijuana bans among its allies, but added, "I'm the minister of justice for Canada, and it is my decision what the new bill will look like".
The government will not completely legalise marijuana because it has signed several treaties, including a United Nations convention that requires the government to participate in the U.S. "war on drugs".
But while Cauchon promises more liberalised cannabis laws, his cabinet colleague McLellan, is being accused of reneging on a promise to supply marijuana to people who have been prescribed the drug by a doctor.
Seven of them have taken Ottawa to court, demanding that they be given marijuana the government grew in an abandoned mine in northern Canada for distribution under its medical marijuana programme.
"The government gave me a prescription that I have to go to the streets to fill. That is outrageous," said Alison Myrden, one of the seven, who has a permit that allows her to use marijuana to alleviate pain and nausea.
More than 300 other people suffering from glaucoma, AIDS, cancer, epilepsy and multiple sclerosis have special permits that let them grow marijuana without being charged.
Several "grow clubs" have started in western Canada to supply marijuana to sick people, but permit holders in the more populous eastern part of the country grow their own or buy street drugs.
McLellan claims the government did not promise marijuana to permit holders but says the drug was grown for a small group of people in clinical trials.
But documents filed in the court case show the previous health minister was poised to distribute medicinal marijuana just as McLellan replaced him.
"Although final distribution plans are not yet available, you may be assured that Health Canada is currently working to develop the distribution mechanisms that would permit you to receive this marijuana," says a letter drafted for the former minister to be sent to permit holders. (END/IPS/NA/IP/HE/MB/ML/02) .
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