Freedom Flyer 32

It is not yet time for Canada to decriminalize or legalize marijuana.

Londoner Chris Clay was convicted for possession, trafficking and possession for trafficking of marijuana, according to the laws as they exist. He decided to use his arrest as a way to challenge Canada's current laws governing marijuana.

The judge upheld the law, as he should. But the larger issue of whether such test cases should prompt a change in the law remains.

Those laws are still supported by society at large, although there is a minority, including Clay and his followers, who don't support them.

What has changed, and may one day lead to a legal change on this issue, is the research into addictiveness and effects of marijuana compared with other substances, such as tobacco and alcohol, that are legal to own, buy, sell and use, with some regulations.

As the judge reviewing Clay's submissions concluded, marijuana's harmful effects are mild in comparison to other illegal narcotics, and could be considered comparable to those attached to alcohol, for instance.

Alcohol, however, is legal, with restrictions on who, how, and where it is sold, as well as laws against driving after drinking. Its use is ingrained in our customs and our society.

Marijuana use, in this society, is not ingrained. The cut-off point of what is considered a legal drug - whether that be caffeine or cocaine - must balance medical evidence about issues such as harm to self and others and addictiveness with public acceptance.

Politicians, and the voters who elect them, need also to consider whether the policing and court costs of enforcing prohibitions on marijuana use outweigh the benefits of maintaining the current laws.

This is one law Parliament should review on a periodic basis, based on changing evidence and changing public support.