Group upset with pot ruling
Source: Salmon Arm Observer, 12/31/03

The B.C. Civil Liberties Association is unhappy with a Supreme Court ruling which continues to make possession of small quantities of marijuana illegal.

"This decision is disappointing particularly because the court accepted that the criminal law power can be used to criminalize activity that causes no harm to others," said Kirk Tousaw, BCCLA policy director.

The court decision has put the issue of marijuana legalization back in the jurisdiction of Parliament, who could change the laws if they desire.

The courts were careful not to make judgments on the wisdom of prohibition. They also expressed deep reservations about whether imprisonment for simple possession would be justified. The decision stated, "We agree with the appellants that imprisonment would ordinarily be an unfit sentence for a conviction on simple possession of marijuana."

The BCCLA maintains prohibition is inappropriate.

"Public opinion overwhelmingly supports significant reforms and it is up to our elected representatives to take this opportunity to enact rational and sensible marijuana policy," adds Tousaw.

"The court has signaled that mandatory minimum sentences, such as those currently being floated by ardent prohibitionists, would not survive constitutional challenge. In that light, law enforcement needs to understand that this decision does not clear the way for a crackdown on marijuana users."