Martin won't toughen bill on marijuana - PM to let Chretien proposal stand despite earlier comments: key MP
By:: Janice Tibbetts, The Ottawa Citizen, 02/18/04

The federal government is backing away from changing the marijuana bill, despite Prime Minister Paul Martin's musings about toughening the Chretien government's proposals.

The amount of marijuana possession that would be decriminalized will stay at 15 grams instead of being lowered, and there will be no extra penalties for repeat offenders or traffickers, say Liberal MPs familiar with the federal bill.

Liberal MP Paddy Torsney, who chaired an all-party committee that studied the proposed legislation under the Chretien government, said Mr. Martin has assured her that he accepts the bill as it is. "I don't believe it's the government's intention to put forward any amendments," she said.

Going over the committee's head to change the bill would break Mr. Martin's commitment to give backbench MPs more power, added Liberal Derek Lee, another committee member.

"I believe the government accepts the product that came from the committee," said Mr. Lee. "There's no point in trying to gut the bill, or maim it, or hobble it. If the goal is diversion from the criminal court, then let's get some diversion. You want to get reasonable amounts that are not seen to be big trafficking amounts."

The Liberal-dominated committee voted late last year to accept the Chretien government's cutoff of 15 grams as the amount of marijuana that would merit a fine rather than criminal charges.

Police say that's the equivalent of about 15 cigarettes, depending on how they're rolled.

When Mr. Martin pledged before Christmas to revive his predecessor's controversial bill, he hinted broadly that changes were in store, garnering praise from White House drug official John Walters that the PM was making overtures to mend the troubled relationship between the two countries.

"I think one's got to take a look at the fines, I think one has to take a look at the quantities, and I think there has to be a larger effort against the grow-ops and those who distribute it," Mr. Martin said in December.

Also, while campaigning for his job, Mr. Martin said he was in favour of decriminalization of "very, very, very small amounts."

While Mr. Martin also speculated about harsher punishment for grow operations, his government will retain the Chretien government's proposal to double the maximum penalties. Advocates of harsher sanctions want mandatory minimum sentences imposed on drug traffickers.

"Judges already won't give the amounts set by law," said Conservative MP Randy White, another committee member.

Government officials speculate the prime minister is too preoccupied with the sponsorship scandal to turn his attention to the marijuana bill and Justice Minister Irwin Cotler is against changes.

The bill is expected to be debated in the Commons as early as Friday but more likely next week. It could reach a final vote in the next few weeks, before being sent to the Senate for vetting. The government earlier hinted changes would be made at the time the bill was debated in the Commons. It remains unclear whether the bill will pass if Mr. Martin decides to go to the polls this spring.

The Senate, in a report 18 months ago, recommended marijuana legalization, so the bill could stall in its final stages.

Police, who oppose decriminalization, have been hopeful the Martin Liberals would decide on a cutoff of five grams or less, based on the prime minister's earlier comments.

Mr. Lee said the government already made a concession to police by backing away from initial plans to decriminalize 30 grams or less.

The bill, in its re-incarnated form, includes a couple of amendments that were recommended by the Commons committee before the government adjourned last fall.

There would be a prohibition of police sharing information with the U.S. or other foreign governments or agencies on Canadians who received marijuana tickets.

The revived bill was also amended to decriminalize cultivating marijuana if it's less than four plants, making it an offence punishable with a ticket rather than a criminal record.