Decriminalization of marijuana should have happened decades ago. Now it would only add to the confusion.
Marijuana users are caught in a legal limbo. The government intends to legalize marijuana before Canada Day, 2018, but until then it’s illegal. Then, like a light being switched on, what was once a criminal offence will not be.
Government intentions aside, police are going about their business. They arrested activists Mark Emery (the “Prince of Pot”) and his wife Jodie as reported by CFJC Today.
The Liberals have been dithering over decriminalization for decades and this Trudeau is no different. Pierre Trudeau could have decriminalized marijuana in 1979. Then Justice Minister Marc Lalonde was playing politics when he said that he would decriminalize it before the upcoming election if opposition parties would just fast track the legislation. He was doubtful that they would. “I’m not optimistic,” Lalonde said (Calgary Herald, Feb. 22, 1979).
The opposition parties took Lalonde up on his challenge, agreeing to fast tracking. Both opposition leaders Joe Clark and Ed Broadbent sent me letters of approval for decriminalization. They were responding to letters I sent on behalf of the Alberta Legalization of Cannabis Committee. I helped organize the group in 1977.
Prime Minister Pierre Trudeau wrote me to explain how his government was trying to decriminalize marijuana. His government had initiated a bill in the Senate, Bill S-19, in 1974.”The Commons, however, was unable to find the time to give the bill further attention; so it died on the order paper when the last session of Parliament ended (January 17, 1978),” Trudeau explained.
In my letter to the Calgary Herald, I complained about Lalonde’s tardy pace: “Why does the government seem so reluctant to do what all agree must be done? If Lalonde wants us to believe that this is a demonstration of his government in haste, then it’s time to see what a new government in action; a government that will not fiddle while Canadians get burned (April 14, 1979).”
Lalonde had teased Canadians long enough with his promises of decriminalization. His government was defeated by Joe Clark’s Progressive Conservative Party in June 11, 1979.
Executive Assistant to Clark’s Minister of Justice wrote me: “Mr. Clark’s government is currently reviewing this and other issues with a view to formulating policies and setting priorities.” “Be assured, Mr. Charbonneau, that your comments will be given serious consideration by the Government as it continues its study of this important matter (Aug. 3, 1979).” However, Clark’s government didn’t last long enough to decriminalize marijuana.
A Globe and Mail editorial argues that the government should decriminalize marijuana before legalizing it because users are in legal purgatory: “Besides, there is no viable interim regulatory regime that could accommodate a quasi-legal retail market. But there is when it comes to personal possession. It’s called decriminalization.”
It’s too late for decriminalization. More legislation would only add to confusion. There is a simple solution –what the Dutch call “gedogen.” Police simply don’t enforce marijuana laws. Unlike the Netherlands, where the law has been ignored for 30 years, police only have to turn a blind eye for another year.