Exploring arguments for and against decriminalization in Canada

While decriminalization could cause problems for the Liberal's legalization plans, continuing to arrest people for basic possession is unjust. 

By Special to Lift

 
 

 

With legalization around the corner, one big question remains. Although it has already been acknowledged, the topic of interim decriminalization is not going away. Justin Trudeau has clearly stated on several occasions there will be no effort to reduce arrests caused by cannabis possession or its general prohibition. This has left many Canadians scratching their heads wondering, why not?

Decriminalization is the act of removing or lessening of laws and restrictions around a product or service. Although it can be used to completely remove penalties, it is often accompanied by a ticketing or fine scheme to replace harsher, life altering, criminal charges.

From the perspective of the government

At first glance, it sounds about right, and seems like exactly what we need right now. When looking at it from the perspective of the government however, things drastically change.

For example, currently, our drug laws are the only real deterrent for keeping young kids away from the substance in question. Do they work? Not very well, but imagine what would happen if a bill was passed tomorrow decriminalizing cannabis. There would be no real age limit, and no real method of enforcement.

We would likely bypass an important educational period in society in which young people are informed of the facts surrounding the product before having it thrust upon them. Combine this with the fact that it’s now ‘ok’ to use, and Canada could very well see a rise in underage use.

We know the plant isn’t inherently dangerous, but increasing amounts of research have shown this is not something that should be consumed in excess while in adolescence. Again, education will play a key role in making sure our young people can make enlightened decisions. 

Jumping into a no rules, no problem approach lacks this guidance and may be holding the Trudeau camp back. The fact that it is readily available to our youth is obvious, but after campaigning on a platform to regulate cannabis in order to keep it out of young people’s hands, the last thing they need is an increase in youth use due to a policy change they put in place.

To continue charging people, wasting the justice system’s resources, and ultimately impacting their ability to live an adventurous life, for something that will become commonplace in a year or two is impossible to justify.

One of the reasons consistently provided by our prime minister in regard to maintaining the current laws is keeping the money away from gangs and organized crime. This is where things get a bit more complicated. Will ‘criminal elements’ prosper during this time? Will it be harder to track them down when police officers are not running into users on a regular basis? These are just some of the hypotheticals facing the liberal group.

Honestly, Trudeau is probably right about this too, at least for the most part. There is no doubt that the black market would pick up all newly interested teenagers, as any other source will be checking for I.D. (eg. dispensaries). 

The idea that decriminalizing something for consumption while leaving no legal source to acquire it would transition us smoothly into legalization is naïve. It does not make much sense without decriminalizing all activities surrounding the product, not simply the consumption aspect. 

To further complicate matters, the line of where a ‘criminal element’ falls in relation to cannabis has become blurred. Yes, the black market exists, but it’s unlikely to go anywhere anytime soon, especially if other drugs are to remain illegal. 

In the grey area, many online retailers are now providing a fantastic experience, while dispensaries all over the country are doing what they can to stand apart and prove they are capable of pushing the industry forward. 

It isn’t just criminals hustling drugs on the corner or out of the back alley, these operations are becoming valuable businesses by providing a quality consumer experience.

Not to mention the LP’s or “Licensed Producers” who have spent millions of dollars preparing for this very moment. They wouldn’t be able to service the decriminalized market as selling ‘adult-use’(non-medical) product would still be considered illegal. This would predictably lead more people to the black market, especially in regions where no dispensaries (grey market) operate.

Overall, these reasons provided by Mr. Trudeau do actually make some sense from the government’s perspective. When the goal is to reduce access to underage kids and provide a product with some form of quality assurance, decriminalization may miss the mark.

From the perspective of the public

The problem with this thinking, and perhaps the more reasonable public perception, is that regardless of what goes on between now and the date of legalization coming into place, far too many people will lose their ability to travel, work, and fully engage in our world due to a possession charge. 

Kids will continue to have easy access to cannabis until legalization takes shape, and as mentioned above, it’s highly unlikely the black market will disappear when other drugs are still highly illegal.

So why are we further compounding this problem with court cases, wasted police resources, and ill-conceived arrests? Even if something along the lines of a pardon is granted for all non-violent canna-related offences, these people will still be prohibited from entering the U.S. or working at certain jobs. 

This is unacceptable. 

To continue charging people, wasting the justice system’s resources, and ultimately impacting their ability to live an adventurous life, for something that will become commonplace in a year or two is impossible to justify.

This doesn’t just impact twenty-somethings, either. Canada is filled with people of all ages who are unable to enter the U.S. due to a few ‘grams of weed’ that they got caught with back when they were a young adult. 

This impacts their ability to provide a major source of education to their children as well, travel! It may even have a negative effect on their economic status due to reduced job opportunities. How can we keep doing this but claim to be a progressive and research based nation? The answer is we can’t.

So bring on the argument that the kids aren’t going to be alright (they are if talking to them about cannabis becomes a priority), and scream from the hills that the black market is just too dangerous (it’s that way because of prohibition). Just don’t try to justify the idea that those reasons are important enough to keep locking people up, and charging them.

Access will likely increase regardless of the direction we go until legalization comes into effect. By decriminalizing something, teachers & parents can begin a real dialogue about the topic instead of being in a situation where they are discussing an illegal substance. 

It might not be a win-win all around, but if it opens up avenues of communication with kids and prevents another person from being burdened with a record for life, we must act now and deal with the questions as they come. Anything less is profoundly unfair to those who are charged between now and then, and calls into question our integrity as a nation. 

Laws are not being applied evenly across Canada. This is an issue that must be immediately rectified, and it’s too late to go backward. Decriminalizing cannabis in Canada will undoubtedly create a problem or two, but there are 60,000+ reasons (people) that are more important, and our future society, and their families, will be happy we saved them the trouble.