[420 Girl]

Half the population has tried it at least once, and many see decriminalization as the best solution to a problem that would otherwise be difficult to solve. Marijuana use in Canada is without a doubt an issue that has caused and continues to spark discussion, since 1923 at least – the year when the first law was proclaimed, banning its use – right up to this past February with the Harper government’s proposal to impose tougher consequences on those cultivating and selling it.

In between, there are statistics and law proposals that have been buried in Parliament, tribunal appeals that made it all the way to the Supreme Court of Canada, and results of parliamentary committee studies that should have encouraged Ottawa to proclaim more permissive laws covering simple consumption for personal use. Instead, in Canada, notwithstanding the most recent statistics that portray a country that smokes often and voluntarily, using marijuana for enjoyment continues to be a crime.

At the same time, there has been no shortage of battles on the part of those who use cannabis for medical reasons, who complain about the herb's weak therapeutic quality.

Canadians seem to enjoy lighting up. According to the Canadian Addiction Survey (CAS) published in March 2005 in reference to the preceding year, 14.1% of the population had used marijuana regularly during the previous 12 months, and at least 44.5% of the population had, at the time, tried the drug at least once in their life. A substantially higher number than the 12.2% figure from the 2002 StatsCan Use of Cannabis and Other Illicit Drugs study, and almost double the 7.4% according to Canada’s Alcohol and Other Drugs Survey of 1994.

Consumption, therefore, has been on an increasing trend for years, which, according to the Drug World Report of 2008, puts Canada closer to the top spot on the list of per capita consumption in the world. The same report shows an interesting statistic that goes against the trend: the number of youth who are against marijuana use in Ontario rose to 21% from 2005 to 2007.

Another similar stat that brings to light an interesting generational difference, appears in Maclean’s magazine, which tells of young Ottawa citizens who seem to have lost the rebellious nature that characterized their parents and fired their desire to light up a joint.

In fact, when examining statistics based on age, one might notice that increased consumption usually occurs by those who exceed the adolescent age group.

WHO SMOKES

Men more than women, singles more than married couples, those with at least a high school education rather than dropouts. And finally, higher income earners more than those who need to watch their spending.

A composite picture of the typical Canadian marijuana user emerges from the statistics: those having taken at least one drag from a joint, according to data appearing in CAS, are usually male (50.1% versus 39.2%), single (57.5%, versus 35.2% who were married), have secondary education (52.4% versus 34.9% who did not complete high school), and are good income earners (54.8% versus 44.6% of whom 42.9% are low or average income earners). There is almost no difference between urban and rural dwellers.

UP IN SMOKE

Many Canadians have tried cannabis; many are regular users, while the reality is that in Canada, marijuana use is not only punishable by law, but is still considered a crime. This is notwithstanding the large number of people who favour its decriminalization, which would, in short, equate possession to a speeding infraction.

Raising the hopes of many users that things were about to change a couple of years ago was the Liberal government with its C-17 Bill. It seemed on the verge of decriminalizing personal use of cannabis on the one hand, but increasing fines for marijuana cultivators. After failing to pass after numerous attempts, the document died in Parliament with the arrival of Stephen Harper’s conservative government in 2006.

But beyond the Grit bill, the legal history of the substance that has been criminalized in Canada is long and complex. Putting it in perspective for the more curious (reader), the first law banning cannabis was the Opium and Drug Act enacted in 1923. Today, there are two government acts, which regulate cannabis use, and abuse - the second is the Controlled Drugs and Substances Act that has been in existence in Canada since 1997.

In July of 2000, however, the Ontario Court of Appeal challenged the federal law prohibiting possession, for personal use, of less than 30 grams of marijuana. According to the Court of Appeal, banning cannabis use for therapeutic reasons represents a violation of the Canadian Charter of Rights and Freedoms. As a result, two years later, the Marijuana Medical Access Regulations came into existence – a world first – to regulate therapeutic use, while failing to take into account substance use for pure enjoyment.

The approval of this law, however, opened the doors to sentencing by Ontario courts that put the 1997 law’s constitutionality in question – a law that in fact did not provide for any exceptions for therapeutic marijuana use. This is why in December 2003, it was left up to the Supreme Court of Canada to rule, clarifying that Canadian laws against possession of small amounts of marijuana did not in any way violate the Charter of Rights and Freedoms.

A year later, the Liberals presented Bill C-17 – a bill that the Grits were not able to get approved and that has since laid idly in Parliament since the arrival of the Conservatives in Ottawa. Prior to this, the issue was examined by two parliamentary commissions. For brevity’s sake, suffice it to know that the final ruling by one of the two commissions – the Senate – stated in its 2002 report that marijuana is less dangerous than alcohol and that it would be the opportune time to control its use by passing some form of regulation. The advice was unheeded.

OUT OF NECESSITY

For many Canadians, marijuana use is not meant for enjoyment, but is rather a necessity. According to data from July 2008, there are 2,812 Canadian citizens affected by serious illness who have legal permission for therapeutic cannabis use – most of who, 1,144, are in Ontario. But the fact that a norm exists – the Marijuana Medical Access Regulation – that allows them full legal use of the substance does not mean that their situation is trouble-free. Many complain about the poor quality of the State-allocated cannabis – and in this sense the Grant Krieger case is exemplary. Last March, Krieger decided to end his legal battle over the quality of marijuana distribution to those with medical conditions. Commenting on his decision, the activist said that from now on he would refuse to use marijuana produced by Ottawa because it is too stale – and will turn to “the black market or any other market available.” Afflicted by multiple sclerosis, Krieger claims he is forced to do this, despite the fact he is ill.

THE GRASS MAY BE GREENER ON THE OTHER SIDE

Even if decriminalizing marijuana is not a priority for the White House, U.S. President Barack Obama has demonstrated a more open attitude on the issue than his predecessors. What many are hoping for in the U.S. is that Obama will take a similar decision to that of Franklin Delano Roosevelt after the Great Depression. The then president decided to put an end to Prohibition. Leading up to his decision was the very costly battle against the underground alcohol trade by a U.S. government in the midst of the (economic) crisis. Once legalized, this same trade resulted in a new welcome tax revenue stream to the Washington coffers. And while such may seem a situation that for many can be adapted to today’s reality, it begs the question: if the U.S. makes the first move, will Canada follow?

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