On March 5, Justice Minister Peter Mackay arose to announce that the Conservative government is considering a reform of our nation’s marijuana laws. The Liberal Party immediately took to Twitter, writing that “having shown poor judgement long enough, @minpetermackay finally agrees with @JustinTrudeau: time to reform our marijuana laws.”
The following day, a second tweet linked to a comic detailing the five Conservative stages of grief, accusing them of co-opting Liberal policy and counting it as cooperation. Neither of these tweets are true.
In claiming that Mackay agrees with Trudeau, one has to completely ignore the Minister’s own words, as he stated explicitly, “We’re not talking about decriminalization or legalization.” Far from the law being looser, this proposal will make laws concerning the possession of marijuana more enforceable for police, exactly the opposite of the current Liberal’s position to decriminalize and eventually legalize the drug.
More comprehensive enforcement is the opposite of legalization.
Under the Criminal Code of Canada, anyone convicted of possessing small amounts of marijuana, up to 30 grams, can be jailed for up to five years, with first-time offenders facing fines up to $1,000 or up to six months in jail.
However, many times when police officers recommend charges, Crown prosecutors tend to not follow through if the amount is under this limit. Though it may not seem like it, 30 grams is quite a substantial amount of product. This in turn has led to police officers turning a blind eye to marijuana use, as the most they can usually accomplish is confiscation of the drug.
Mackay’s proposal, which has not been drafted but which has the support of the Canadian Association of Chiefs of Police (CACP) and the Prime Minister, would give officers more enforcement options to deal with those caught in possession of marijuana.
It is likely that the ability to give formal charges would remain on the books, as there will continue to be cases where charges are appropriate to the situation, but it is the belief of the CACP that the large majority of possession cases could be more efficiently dealt with through tickets, rather than a lengthy legal process.
Some critics have said that this ticketing system is a half measure at best, and that a ticketing system muddles whether or not it is acceptable under the law to carry small amounts of marijuana.
I don’t see how this is the case. Ticketing systems are already in place for a variety of activities that are illegal, such as jaywalking, drinking in public, and speeding. It is difficult to cast doubt on the acceptability of these activities from a legal standpoint, though I’m sure all of us have done at least one of those three things, and maybe even been caught. This is not a half measure, it is a method of ensuring compliance with the law as it now stands, whether we agree with that law or not.
This proposal is not a co-opting of Trudeau’s legalization policy, nor is it a step in that direction, and it is difficult to see how one could think that is the case. More comprehensive enforcement is the opposite of legalization. It is a step to make the current law more functional not a step towards abolishing it altogether.
This proposal is a step in the right direction, showing that we want consequences for those who break our country’s laws.
