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  Canada's growing marijuana problem
By Becky Branford
BBC News
Published: 21 March 2006

Frank proudly surveys the large log cabin he constructed himself, on a two-acre plot of aromatic evergreen forest he now owns. "All this," he says, "was built on marijuana."

Over four years, Frank - not his real name - tended a patch of marijuana plants in a forest clearing about 45 minutes' walk from where his cabin now stands.

He regularly pooled his harvests with those of several other growers in the small British Columbia (BC) town in which he lives, to sell wholesale to young men from just across the border in the US state of Idaho.

Frank says he made hundreds of thousands of Canadian dollars before hurriedly leaving the business when his American buyers were arrested.

But tens of thousands of illegal "grow-ops" remain in Canada. Estimates suggest marijuana may generate up to C$7bn (£3.5bn; US$6.1bn) a year in BC, the sunny province thought to be at the heart of the industry.

Canada's new Conservative government says people like Frank are a menace to society, putting drugs on the streets and fuelling organised crime - and it has vowed to get tough on them.

But critics accuse the government of being wilfully blind to the historic failures of law enforcement, and ignoring public opinion and the findings of expert committees in favour of a policy of demonising marijuana - a policy they liken to the short-lived Prohibition of alcohol in 1920s and 30s America.

Vietnam roots

Growing marijuana in BC's thinly populated and rugged interior, Frank was continuing a tradition - of sorts - said to have arrived with some 50,000 young American men seeking to avoid being drafted to fight in the Vietnam war.

"It's politics that's stopping a change in drug laws and not logic" —Lawyer and policy expert Eugene Oscapella

But over the intervening decades, the industry has changed. Most of today's grow-ops are indoors, using artificial light to produce stronger strains of cannabis.

The industry has also grown. The Canadian statistics agency reports that in 2004 there were more than 8,000 cultivation offences recorded - up from 3,400 in 1994.

Experts deduce that the true number of grow-ops is much greater, as even large seizures seem to have little effect on the price of marijuana.

The federal police reported in 2002 that the cultivation industry had reached levels "that could be deemed epidemic in the provinces of BC, Ontario, and Quebec" - and they also warn that almost every large-scale operation these days is linked in varying degrees to organised crime.

"Cannabis is the biggest issue facing law enforcement now," says Inspector Paul Nadeau of the Royal Canadian Mounted Police (RCMP).

He says smugglers have access to "transport vehicles, planes, helicopters. The sky's the limit".

He calls for greater deterrents, pointing out that in BC only about 10% of those convicted of growing marijuana face jail terms (the figure is higher in other provinces), with most offenders getting a fine or suspended sentence.

Royal Canadian Mounted Police at a ceremony for four colleagues killed while investigating a grow-operation in March 2005

The Canadian police: 'We are drowning in the numbers'

He says judges facing a backlog of cases in the courts "have to be given the means to deal with the problem... We are drowning in the numbers."

In contrast to the previous Liberal administration, which sought unsuccessfully to reduce penalties for possession, the new Conservative government pledged in its election manifesto to steer Canada "off the road to drug legalisation".

It said it would ensure mandatory minimum prison sentences and large fines for serious drug offenders, including growers.

Consumption rises

But critics of tougher law enforcement insist it is doomed to failure - and has failed.

"I don't advocate smoking anything - I think it's bad for you!" says Stephen Easton, professor of economics and a senior scholar at the conservative Fraser Institute think tank, who has studied the industry in detail.

He and other pro-reform experts accept that there is growing evidence of a link between heavy cannabis use and mental health problems in some people.

"But has criminalisation been successful in deterring consumption? The answer is surely no," he says.

In 2004, the Canadian Addiction Survey found 44.5% of Canadians reported using cannabis at least once - up from 23.3% in 1989.

The proportion of respondents who admitted to using cannabis in the previous year was 14.1% - compared with 9.7% of Britons and 10.6% of Americans in equivalent surveys.

Instead of spending half a billion Canadian dollars each year tackling illicit drug use, Professor Easton argues, federal authorities have an alternative: "Tax and trade it like any other normal commodity."

In fact, several government committees tasked with evaluating Canada's drug laws have recommended legalisation of marijuana - from the 1972 Le Dain Commission to the Senate Special Committee on Illegal Drugs which reported in September 2002.

A recent survey suggested 51% of Canadians supported decriminalisation of marijuana.

Prohibition 'empires'

"There have been studies galore in Canada and elsewhere looking at this issue - it's politics that's stopping [a change in drug laws] and not logic," says lawyer Eugene Oscapella, a founding member of the independent Canadian Foundation for Drug Policy.

"It's hypocrisy, it's cowardice," he says - a charge the justice ministry declined to comment on.

Indoor marijuana grow-operation (Image: RCMP)

Most marijuana cultivation now takes place indoors, under lights (image: RCMP)

Mr Oscapella suggests Canada is fearful of crossing the US government, which he says has threatened to slow bilateral trade worth about US$1bn per day.

Some 85% of marijuana grown in BC is estimated to be exported into the US, though total border seizures of marijuana only amount to about 3% of that discovered entering the US from Mexico.

Mr Oscapella also argues that some sectors have an interest in maintaining what he calls the "Prohibition" on marijuana in Canada.

"You have to look at Prohibition as an industry: the crime-control industry. There are empires built around it - not only organised crime, but government bureaucracies, police departments, privatised prison industries in the US, pharmaceutical and drug-testing companies. These empires thrive on Prohibition."

He says he fears tougher enforcement will lead to a burgeoning prison population, but have little impact on the illicit industry.

Meanwhile, critics charge, the proceeds of the industry continue to feed what a recent editorial in the Vancouver Sun newspaper called the "monster" of organised crime.

As early as 2000, RCMP Commissioner Giuliano Zaccardelli warned this "monster" was threatening to destabilise Canada's parliamentary system.

'Pay the price'

But police insist tougher sentences, not legalisation of cannabis, is what is needed.

This argument is echoed by the new Ottawa government, though it says it will take advice before formulating a detailed drugs policy. It argues any resultant increase in spending on tougher law enforcement will be offset by lower spending on the social problems caused by drug abuse.

"Parents and police officers agree the last thing we need is more drugs on the streets," says the Ministry of Justice's acting communications director Patrick Charette.

"There has been a huge inconsistency in the application of the law - whether you're caught with a joint in a small rural community or downtown Vancouver, you'll get [a different] reaction from the police...

"Rather than simplifying and having a more relaxed approach, we think you need to enforce the law and make sure those caught with drugs and producing drugs pay the price."



420bc.ca letter to Montréal MPs
By 420bc.ca Editorial Staff
420bc.ca Exclusive (http://420bc.ca/)
Published: 02 March 2006

Dear Members of Parliament for Montréal,

Regarding the arrest of the businesspeople responsible for the Heaven's Stairway seed company.*

You are no doubt all aware that Canada's Senate, made up of leading Canadians in terms of intelligence, discernment, fairness and a healthy detachment from partisan affairs, recommended that marijuana be legalized in the 2002 Senate report "Cannabis: Our Position For a Canadian Public Policy". I will not bother to revisit the arguments made in that report, as they were made eloquently, forcefully, and intelligently. I am of the opinion that the lack of action on our Senate's recommendations is due primarily to the paralysis of Canada's elected politicians due to a primary concern for votes and personal benefit over the interests of society and fairness, combined with a personal lack of vision and courage. For your benefit, I reproduce the URL for that report here so that you may refresh your memory as to its common-sense content: http://www.parl.gc.ca/37/1/parlbus/commbus/senate/com-e/ille-e/rep-e/repfinalvol1-e.htm

I grow weary of the continued counterproductive, and indeed ignorant, position of successive governments on marijuana. The overwhelming majority of Canadians believe medical marijuana should be legal, as indeed it is—very much despite the inaction of the former Liberal government. The majority of Canadians also agree with our Senate that marijuana should be legal for personal production and use. People growing legal medical marijuana are forced to get their seeds from sources such as Heaven's Stairway—that is, before the RCMP arrested the owners and shut down their business. Where do the RCMP and Parliament imagine medical and recreational marijuana users in Canada, and there are millions, obtain their marijuana from? This is ignorance and hypocrisy at best, and willful harm at worst.

Allow me to combat further ignorance and stereotypes by telling you a little about myself. I am originally from BC, but obtained dual citizenship in order to move to the UK and work, due to the abysmal career opportunities in BC. I hold a BSc with distinction in Biochemistry, and currently hold a prestigious position here in the UK, in the field of pharmaceutical development. I enjoy an attractive salary and benefits and regret that Canada does not benefit from my skillset and considerable tax contributions, but BC cannot remotely begin to offer global job competition in such an educated, science-based sector. My father has a PhD in Philosophy, and my brother recently completed his PhD in Pure Mathematics. All of us believe emphatically that marijuana should be legalized in Canada.

I would encourage you to consider the above when evaluating why young Canadians like myself grow disillusioned with our country and its leadership and leave the country for more globally competitive markets, and I would encourage you to heed the opinion of our Senate and of the Canadian people when remaining idle and willfully silent on the issue of marijuana legalization. In the meantime, our jails are filled with the wrong people and the RCMP wastes our time, our money and the valuable time of our courts. And in the meantime, disillusionment with, and even contempt for, our government increases daily.

I thank you for considering my opinion.

Sincerely,

XXXXXX

* http://www.theglobeandmail.com/servlet/story/LAC.20060301.DRUGBUST01/TPStory/?query=



Jesus 'healed using cannabis'
By Duncan Campbell in Los Angeles
The Guardian (http://www.guardian.co.uk/)
Published: 06 January 2006 (reported on website as 2003?) Jesus was almost certainly a cannabis user and an early proponent of the medicinal properties of the drug, according to a study of scriptural texts published this month. The study suggests that Jesus and his disciples used the drug to carry out miraculous healings.

The anointing oil used by Jesus and his disciples contained an ingredient called kaneh-bosem which has since been identified as cannabis extract, according to an article by Chris Bennett in the drugs magazine, High Times, entitled Was Jesus a Stoner? The incense used by Jesus in ceremonies also contained a cannabis extract, suggests Mr Bennett, who quotes scholars to back his claims.

"There can be little doubt about a role for cannabis in Judaic religion," Carl Ruck, professor of classical mythology at Boston University said.

Referring to the existence of cannabis in anointing oils used in ceremonies, he added: "Obviously the easy availability and long-established tradition of cannabis in early Judaism _ would inevitably have included it in the [Christian] mixtures."

Mr Bennett suggests those anointed with the oils used by Jesus were "literally drenched in this potent mixture _ Although most modern people choose to smoke or eat pot, when its active ingredients are transferred into an oil-based carrier, it can also be absorbed through the skin".

Quoting the New Testament, Mr Bennett argues that Jesus anointed his disciples with the oil and encouraged them to do the same with other followers. This could have been responsible for healing eye and skin diseases referred to in the Gospels.

"If cannabis was one of the main ingredients of the ancient anointing oil _ and receiving this oil is what made Jesus the Christ and his followers Christians, then persecuting those who use cannabis could be considered anti-Christ," Mr Bennett concludes.



Cannabis law back in the spotlight
By Andrew Woodcock, PA
The Independent (http://www.independent.co.uk/)
Published: 05 January 2006

The Home Secretary today said he was "very worried" about new medical evidence linking cannabis consumption with mental health problems.

Charles Clarke's comment came just weeks ahead of an expected announcement on whether he will reverse predecessor David Blunkett's controversial decision to downgrade the drug from class B to class C.

It is the strongest indication yet that he is preparing to restore cannabis to the more serious category, less than a year after reclassification took effect.

Speaking to The Times, Mr Clarke said that Blunkett's decision to downgrade the drug had left people confused about the potential impact of the consumption of cannabis.

Over the Christmas break, the Home Secretary has considered the report of a special advisory group he commissioned to assess the latest medical opinion on the effects of cannabis.

He today declined to discuss the report's contents in detail, but said that he would accept a key recommendation to step up education about the effects of cannabis and its legal status.

And he said it was significant how many supporters of reclassification have changed their minds in the light of new medical evidence.

"I'm very struck by the advocacy of a number of people who have been proposers of the reclassification of cannabis that they were wrong," he told The Times.

"I am also very worried about the most recent medical evidence on mental health. This is a very serious issue."

Asked whether Mr Blunkett's decision to downgrade cannabis had led to confusion, Mr Clarke responded: "Yes. People do not understand the impact of the consumption of cannabis well enough and what the legal consequences of consuming cannabis are."

He promised to take action to reverse the alarming lack of knowledge about the health dangers of cannabis, which has been linked in some studies to schizophrenia and other mental problems.

"Whatever happens after this, let me reveal one recommendation of the advisory committee - which they make very, very strongly - which is a renewed commitment to public education about the potential effects of the consumption of cannabis and the legal status of cannabis," he said.

"That is well made and I will accept it."

Under Mr Blunkett's reclassification, cannabis remained illegal and users could be sentenced to up to two years in jail for possession of the drug and dealers to up to 14.

But police were advised that most cases where people were found in possession of small quantities of cannabis should result in a warning and confiscation of the drug, rather than an arrest. This led to the widespread perception that its use had effectively been decriminalised.

Advocates of reclassification argued that it would allow police to concentrate their attentions on tackling the use of more serious and harmful drugs.

Asked today if the downgrading of cannabis had served any useful purpose, Mr Clarke said: "I think it gives a steer to the citizen on more serious drug consumption."

The Home Secretary today said he was "very worried" about new medical evidence linking cannabis consumption with mental health problems.

Charles Clarke's comment came just weeks ahead of an expected announcement on whether he will reverse predecessor David Blunkett's controversial decision to downgrade the drug from class B to class C.

It is the strongest indication yet that he is preparing to restore cannabis to the more serious category, less than a year after reclassification took effect.

Speaking to The Times, Mr Clarke said that Blunkett's decision to downgrade the drug had left people confused about the potential impact of the consumption of cannabis.

Over the Christmas break, the Home Secretary has considered the report of a special advisory group he commissioned to assess the latest medical opinion on the effects of cannabis.

He today declined to discuss the report's contents in detail, but said that he would accept a key recommendation to step up education about the effects of cannabis and its legal status.

And he said it was significant how many supporters of reclassification have changed their minds in the light of new medical evidence.

"I'm very struck by the advocacy of a number of people who have been proposers of the reclassification of cannabis that they were wrong," he told The Times.

"I am also very worried about the most recent medical evidence on mental health. This is a very serious issue."

Asked whether Mr Blunkett's decision to downgrade cannabis had led to confusion, Mr Clarke responded: "Yes. People do not understand the impact of the consumption of cannabis well enough and what the legal consequences of consuming cannabis are."

He promised to take action to reverse the alarming lack of knowledge about the health dangers of cannabis, which has been linked in some studies to schizophrenia and other mental problems.

"Whatever happens after this, let me reveal one recommendation of the advisory committee - which they make very, very strongly - which is a renewed commitment to public education about the potential effects of the consumption of cannabis and the legal status of cannabis," he said.

"That is well made and I will accept it."

Under Mr Blunkett's reclassification, cannabis remained illegal and users could be sentenced to up to two years in jail for possession of the drug and dealers to up to 14.

But police were advised that most cases where people were found in possession of small quantities of cannabis should result in a warning and confiscation of the drug, rather than an arrest. This led to the widespread perception that its use had effectively been decriminalised.

Advocates of reclassification argued that it would allow police to concentrate their attentions on tackling the use of more serious and harmful drugs.

Asked today if the downgrading of cannabis had served any useful purpose, Mr Clarke said: "I think it gives a steer to the citizen on more serious drug consumption."



City faces lawsuit over raid on legal marijuana growers
Medical licence does not grant right to violate bylaws, city replies

Darah Hansen
Vancouver Sun
Tuesday, November 15, 2005

Three medical marijuana advocates are suing the City of Vancouver for $400,000 after police raided a federally licensed indoor marijuana growing operation in the basement of a rented east Vancouver home.

"It's surprising with all this talk of liberal policies in Vancouver -- the safe injection sites, legal brothels and so forth -- that something that is legal, that is authorized by Health Canada remains taboo," said Michael Maniotis, one of three men who filed the lawsuit against the city in B.C. Supreme Court.

Maniotis, Yoram Adler and Dale Waldman say their Charter rights were violated when Vancouver's grow busters drug team, acting on a search warrant, raided Waldman's home on St. George Street on Sept. 8. Police said no charges were laid, although the city posted a "do not occupy" notice on the home.

Adler, who is licensed to grow up to 49 marijuana plants for personal use under a Health Canada permit, had been renting a basement room in Waldman's home, with his landlord's consent, to grow marijuana. Maniotis, meanwhile, was a renter in Waldman's home.

The three men are each seeking $50,000 in general damages from the city, while Adler is asking for an additional $250,000 "for his medical suffering, which the defendants wilfully caused," according to a statement of claim filed in support of the civil lawsuit.

The city is maintaining that even licensed medical marijuana growers must meet city bylaws -- and some of the electrical wiring in Waldman's home did not.

At the time of the raid, Adler said he had no plants growing, but had intended to start another crop in September. He said he uses marijuana to ease symptoms of arthritis and a degenerative disease.

The seizure of marijuana-growing equipment by police, and a "no-occupancy" citation posted on Waldman's home by the city has left Adler with no medical marijuana supply, he said in an affidavit.

"I fear for my health . . . I am stuck without alternatives and am forced to seek my medicine on the street," the affidavit states.

Waldman and Maniotis further allege the police abused their authority when officers detained both men "at gunpoint" as police searched the home for drugs and weapons.

Waldman also claims he has lost his rental income after the city cut off power to his home, citing him for violating electrical bylaws and for electrical theft.

The city filed its statement of defence Oct. 20. According to that document, city lawyers say the city did nothing wrong when police officers executed the search warrant at Waldman's home. And while they didn't find an active grow operation inside the home, 25 marijuana plants -- not authorized under Adler's licence -- were found growing in the backyard, the city says.

Contacted Monday, city lawyer Tom Zworski referred The Vancouver Sun's questions to Barb Windsor, deputy chief licence inspector for Vancouver.

Windsor refused to talk about specifics of the case while the matter is before the court. She did say that regardless of someone's status as a licensed medical marijuana grower, "they must still meet all of our bylaw requirements."

She said electrical wiring and certain marijuana-growing equipment found in Waldman's home did not meet bylaw standards so power to the home was cut off. She said Waldman will have to remove the unapproved equipment and bring wiring up to code before power is restored and the do-not-occupy sign removed.

Windsor said licensed medical marijuana growers in Vancouver are encouraged to come to the city to find out how to properly equip their homes before setting up a legal growing operation that meets city bylaws.

According to Health Canada, federal marijuana production licences do not supersede provincial or municipal laws.

Spokesman Christopher Williams said cities have the authority to inspect and even shut down a licensed grow operation if the licensee fails to meet existing municipal, provincial or federal laws.

So far, no court date has been set to hear the lawsuit.

As of Nov. 4, 1,118 people were issued medical marijuana licences by Health Canada. In B.C., there are 217 licensed users.

dahansen@png.canwest.com

© The Vancouver Sun 2005












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