The Supreme Court of Canada upheld the country's current laws against marijuana possession even as Prime Minister Paul Martin presses to eliminate jail sentences for people caught with small amounts of the drug. In a 6-3 decision, the justices ruled that possession of marijuana would remain a criminal offense for now. In a separate, unanimous decision, it maintained trafficking of the drug is illegal.
The ruling does not preclude Martin from going ahead with a proposed bill that would soften penalties. President Bush has expressed concerns over the bill, fearing it could encourage drug smuggling along the border. The court ruling prompted praise from law enforcement groups but disappointment from proponents of marijuana legalization.
Marijuana possession in Canada now is a criminal offense that can carry jail time. Although people convicted of such an offense rarely are sent to jail, they do end up with a criminal record. In the USA, states generally prosecute marijuana-possession offenses, and sentences vary from mandatory jail time to fines. Under federal sentencing guidelines, a person conviction of possession could be sentenced to a year in jail.
Canada would keep criminal penalties for marijuana offenses that pose a significant danger to others, such as illegal trafficking, selling to minors or driving while under the influence of the drug. To prevent "drug tourists," Canadian officials say they would consider special penalties for sales to non-Canadians.
Walters and other U.S. officials said they are worried that such a policy change would make marijuana more available in Canada, leading to more smuggling. They say drug gangs, sensing a more tolerant climate, probably would move their operations near the Canadian-U.S. border, and more American teens would cross the border to smoke pot.
Looser marijuana laws in Canada would make it "probable we will have to do more restrictive things.....
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