Canada Moves Toward Reform Of Drug Policies

City Of Vancouver: Marijuana Legalization Part Of Plan To Prevent Substance Abuse Harm

The City of Vancouver, BC, issued "Preventing Harm from Psychoactive Substance Use" in June 2005. As the Vancouver Sun reported on June 8, 2005 ( "Vancouver To Press Ottawa To Legalize And Tax Marijuana"), "A City of Vancouver report backed by the mayor recommends Canada legalize and regulate marijuana as part of a comprehensive drug-abuse prevention strategy for everything from methamphetamine production to alcoholism among seniors. The marijuana recommendation, one of two dozen in the report being released today, would allow people trying to prevent drug abuse to talk to teenagers about it realistically, the way they do with alcohol and cigarettes, and also limit dangerous use. It's a strategy that Vancouver Mayor Larry Campbell endorses wholeheartedly, saying it's preferable to decriminalization, which imposes a fine instead of a criminal charge for use, but doesn't address the issue of supply. 'I think the decriminalization doesn't do anybody any good. It sends the message that it's okay, but that it's a crime to obtain it.' He says if marijuana were legalized, the community could benefit by being able to tax production."

The plan has met with approval from a number of quarters. As the Sun reported, "Others say that putting marijuana on the same level as alcohol and tobacco legally would allow teachers and prevention counsellors to talk about it strategically, rather than just avoiding the topic. 'All that teachers can do now is say it's illegal,' says the city's drug policy coordinator Don MacPherson, who wrote the 67-page report. If marijuana was treated like alcohol, he said, teachers could provide the same kind of advice they do when trying to prevent teenagers from risky drinking behaviour. However, he also emphasized that Canada should learn from the mistakes it made with alcohol and tobacco, which have been turned into commercial products, heavily advertised and promoted, which has led to problems stemming from the abuse of those two substances that far exceeds those of illegal drugs."

The Sun noted that "The report is the latest offensive in Vancouver's attempt to tackle the city's drug problems, which have contributed to an epidemic of HIV and hepatitis infections unequalled in North America, the deterioration of the city's inner-city Downtown Eastside neighbourhood, and a property-crime rate among the highest in Canada. It's part of the city's Four Pillars strategy, which emphasizes an approach that is an equal mix of law enforcement, prevention, treatment and harm reduction for drug users. That policy was adopted four years ago, amid some controversy because of the harm-reduction aspects, which included a recommendation to create a health facility where users could go to inject drugs under the supervision of health-care workers. Campbell was elected as mayor in 2002, in part because he and his party said they would work to aggressively implement the policy. The supervised injection site was opened in the fall of 2003."

A copy of the report is available by clicking here as well as from the Vancouver city government site.

Public Health Concerns Trump Discomfort Over Crack Pipe Kit Giveaway As Ottawa Approves Harm Reduction Program

Ottawa put its concern for public health over the discomfort of a few who objected to an innovative harm reduction program designed to reduce transmission of Hepatitis C, HIV, and other blood borne diseases. The Ottawa Sun reported on April 22, 2005 ( "Put That In Your Pipe . . .") that "The city's free crack pipe program is here to stay -- at least for now. Dr. Robert Cushman came out on top yesterday after a marathon debate with Police Chief Vince Bevan and other critics over the city handing out crack pipes to drug addicts. 'I think when we look back five years from now, this program, like other things, they're tough to introduce, but over time their merit becomes apparent,' said Cushman. 'This will reduce the spread of hep C and HIV.' After spending seven hours listening to Cushman, Bevan and a long list of critics, residents, addicts and health workers, the city's health, recreation and social services committee voted 6-3 to maintain the program that gives safer crack pipe kits to addicts."

According to the Sun, "Bevan said there are more than 20 crack houses in the city's urban areas. While the police chief wondered whether the program was legal, he had no legal opinion to offer. But city solicitor Jerry Bellomo, noting that similar harm-reduction programs have been running throughout the country for more than a decade, said his research indicates the program doesn't violate provisions in the Criminal Code. 'It is rather unusual that no other charges have been laid in any of these other municipalities over the years,' he said."

The Sun noted that "After listening to Bevan, Cushman fired back, telling the committee that almost all of the money spent on fighting drug use in Canada ends up in the hands of police, courts and jails -- with little left over for drug treatment or harm reduction. 'Maybe we should actually look at what's happening with the 95% of the money we're spending on this problem and whether or not that is making a difference,' said Cushman. 'I applaud Chief Bevan and ( a police staff member ) for their description of the problems we face when it comes to drugs. I am here ... to talk to you about harm reduction. Harm reduction in this area is what I would call collateral damage. Collateral damage from the failure of enforcement.'"

Canada Approves Cannabis Medication Sativex® For Use By Multiple Sclerosis Patients

GW Pharma's stock rose in mid-April 2005 on news that the Canadian government had given approval for the company's new drug Sativex® to be used by multiple sclerosis patients. The Toronto Globe & Mail reported on April 19, 2005 ( "Cannabis Spray Gets Go-Ahead") that "Canada is the first country in the world to approve a cannabis spray that relieves pain in people with multiple sclerosis, Health Canada said Tuesday. The announcement sent shares of the U.K. maker of the drug, GW Pharmaceuticals Plc, up as much as 14 per cent in London. Bayer AG will market the drug in Canada. Sativex®, which is administered through a spray in the mouth, relieves pain in patients that suffer from MS, the government agency said. It's expected to hit the shelves by late spring."

According to the Globe & Mail, 'Effective pain control and management are extremely important in a disease like MS,' said Dr. Allan Gordon, neurologist and director of the Wasser Pain Management Centre at Mount Sinai Hospital in Toronto, in a statement. 'The approval of Sativex® in Canada reflects the urgent need for additional treatment options in the field of neuropathic pain in MS.' Neuropathic pain, or nerve pain, is a common symptom of MS and can occur in as many as 86 per cent of people with the disease, Health Canada said. The drug is derived from two compounds, delta-9- tetrahydrocannabinol and cannabidiol."

The Independent newspaper reported on April 19, 2005 ( "Canada Approves GW's Cannabis Drug For Multiple Sclerosis") that "The approval in Canada comes after six years of work for the company, which grows cannabis at a secret farm in southern England and turns it into an under-the-tongue spray, Sativex®. And it marks a breakthrough for MS sufferers, who have long argued that cannabis relieves its symptoms, including pain and spasticity. The Canadian authorities will allow GW - through its marketing partner, the German drug giant Bayer - to sell Sativex® as a prescription painkiller, provided the company does additional clinical trials of the medicine over the next five years. GW must confirm the results of the studies to date, which have been promising, Health Canada said. The drug has so far been turned down by regulators in the UK, who say GW has not proven to their satisfaction that Sativex® is effective."

According to the Independent, "Bayer will pay GW a UKP2m milestone as a result of Health Canada's approval. Launch batches of Sativex® are already in the country, and the drug will be available within weeks. Analysts disagree on the likely sales potential in Canada, which has 50,000 MS sufferers, half of whom suffer from the neuropathic pain Sativex has been approved to treat. Smoked cannabis is also available in Canada for medicinal use, and proposals for its decriminalisation are being debated. Karl Keegan, an analyst at Canaccord, said: 'I think initially there will be a lot of hype over Sativex®, but I suspect that people will want to smoke cannabis rather than use a mouth spray.'"

For general information on Canada's medical cannabis policies, check out Health Canada's Office of Cannabis Medical Access.

Don't Share That Crack Pipe: Canadians Target Crack Users In Harm Reduction Effort To Reduce Transmission Of Hepatitis C

Police in the city of Ottawa are trying to force local officials to reconsider some of the city's harm reduction policies. In October 2004, Ottawa expanded its needle exchange program to provide sanitary crack-smoking equipment to addicts as well as other sanitary equipment to be used by injection drug users. The Ottawa Sun reported on Oct. 8, 2004 ( "City Soon To Offer Addicts Free Gear") that "A city program that hands out free needles to injection drug users will soon begin distributing tourniquets, drug-cooking spoons and mouthpieces for crack pipes. The new items are part of a strategy to stop the spread of hepatitis C and HIV in a vulnerable population. 'This is a very cost-effective decision at the margins. If you make more of ( the paraphernalia ) available you're reducing the risk,' said Ottawa's medical officer of health Dr. Robert Cushman."

According to the Sun, "The total cost of the expansion of the program is $2,500, split evenly by the city and the province, compared to an estimated cost of $30,000 for one course of medication treatment for hep C sufferers, he said. According to a report from Cushman given to the health, recreation and social services committee 'crack smoking appears to be an increasing trend,' in the city. The report says the biggest problem for medical staff in the field of harm reduction is the sharing of drug paraphernalia and the likelihood of transmission through that sharing. By distributing the cooking spoons, which are aluminum bottle caps with a wire handle, the city hopes to provide a clean area for the preparation of drugs. The tourniquets are usually belts or a piece of clothing that are tied around an arm to expose veins in a user's arm. Studies have shown those implements can sometime be contaminated with blood and viruses, which could be transmitted to another person using the same device."

The Sun noted that "Cushman said the harm reduction program has seen some great gains in reducing HIV transmission, but the city is losing ground on hep C, which is much more contagious. The contagious nature of the disease is reflected in the drug-using population, according to the report. 'It is estimated that the prevalence rate of hep C is 75% among Ottawa's injection drug users, as compared to a prevalence rate of 21% for HIV in the same population," reads the report."

Unfortunately, some police officials in Ottawa have decided to oppose the plan. The Ottawa Sun reported on April 9, 2005 ( "Fired Up About Crack Pipes") that "One Of them fights disease. One of them fights crime. But the city's medical officer of health Dr. Robert Cushman and police chief Vince Bevan could soon have their own public showdown over a controversial new program that puts crack-pipe kits in the hands of drug addicts. More councillors are now calling for a more thorough debate on the program meant to stop Hep C from spreading in the community and are calling on the two to present their evidence. But one councillor says it should never have come to this. 'I think it's unfortunate they didn't get together and talk about this ahead of time,' said Coun. Maria McRae. McRae said Cushman and Bevan should have sat down and worked out their differences over the program long before Bevan held a news conference at which he criticized the idea on the very day the program was launched."

According to the Sun, "Several politicians appear to have been caught by surprise at the public reaction and outcry over the program. The decision to distribute the devices was made last October at a health, recreation and social services committee meeting and despite heavy media attention, few critics appeared. But now, Bevan has come out against the program and councillors Diane Deans and Rick Chiarelli, two of the councillors who were on the committee that allowed the program to go forward, say they want the issue to be reconsidered. One of the few councillors who spoke out against the plan last year has also switched sides. Coun. Alex Cullen was against the decision to hand out the kits but now says he's been convinced by Cushman's evidence. 'It is a difficult issue but in the end I'm convinced that more lives will be saved as a result of this program,' said Cullen. 'This notion of revisiting is damage control.'"

Activists in British Columbia also began distribution of crack smoking equipment in 2004. The Vancouver Sun reported on Nov. 2, 2004 ( "Free Crack Pipes Handed Out To Drug Addicts In Bid To Slow Spread Of Disease") that "Over 500 crack kits were handed out Friday and the Vancouver Area Network of Drug Users plans to hand out hundreds more in the coming days, said network president Rob Morgan on Sunday. Now the group is looking for public funding to maintain their crack kit program. 'In the same way as handing out needles, these kits advance harm reduction and prevent the spread of HIV and hepatitis C,' said Morgan, a self-described crack cocaine addict. Each kit contains a glass pipe, mouth pieces, condoms, alcohol swabs, matches, and smoking instructions. The money to buy the crack kits came from private organizations and street donations. Morgan said drug users are asked for a minimum one dollar donation for the kits. 'But we're not going to turn people away,' he said.

According to the Sun, "The Rock Users Group -- a branch of VANDU -- spearheaded the project and has asked the Vancouver Coastal Health Authority to provide funding for the kits. But the authority maintains that more research is needed to determine whether the crack kits have potential health benefits before it supports such an initiative. RUG has also been lobbying for a crack smoking room to be included in the city's controversial safe injection site, the first of its kind in North America."

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First North American Clinical Trial Of Prescription Heroin Begins In Canada

The first clinical trial of prescription heroin in North America began in Feb. 2005. As the Canadian health ministry, Health Canada, wrote in its news release of Feb. 9, 2005 ( "North America's First Trial Of Prescribed Heroin Begins Today"), "The North American Opiate Medication Initiative (NAOMI) is a carefully controlled (clinical trial) that will test whether medically prescribed heroin can successfully attract and retain street-heroin users who have not benefited from previous repeated attempts at methadone maintenance and abstinence programs. The NAOMI study will enrol 470 participants at three sites in Vancouver, Montreal and Toronto. The Toronto and Montreal sites are expected to begin recruitment this spring. Each site will enroll about 157 participants. About half of these volunteers will be assigned to receive pharmaceutical-grade heroin (the experimental group) and half will receive methadone (the control group). The prescribed heroin will be self-administered under careful medical supervision within a specially designed clinic. Those in the heroin group will be treated for 12 months then transitioned, over three months, into either methadone-maintenance therapy or another treatment program. The researchers expect a 6-9 month recruitment period, so that the total time to complete the study will be 21 to 24 months."

"According to Health Canada, "In 1973 the federal Commission of Inquiry into the Non-Medical Use of Drugs recommended that heroin-assisted therapy be tested in clinical trials. More recently, large studies in Switzerland and the Netherlands have indicated that heroin-assisted therapy is useful in helping some chronic users to stabilize their addictions, reduce criminal activity and lead more healthy and productive lives. The Canadian Institutes of Health Research (CIHR) is providing at total of $8.1 million and the study is approved by Health Canada. The principal investigator is Dr. Martin Schechter of the University of British Columbia Faculty of Medicine. Ethical review boards at each of NAOMI's three sponsoring institutions-the University of British Columbia, Toronto's Centre for Addictions and Mental Health and Université de Montréal-have approved the study. 'Results from the European studies suggest that medically prescribed heroin could greatly help our most troubled heroin addicts --those for whom we have no effective treatments,' said Dr. Schechter. 'But we won't know whether the same results hold true in the Canadian setting until we complete this carefully designed scientific study.' 'Heroin addiction afflicts an estimated 60 to 90,000 Canadians and the costs associated with it--in terms of human misery, public health, social problems and crime--are staggering,' said Dr. Alan Bernstein, President of CIHR. 'Canada, and many other countries, therefore, need studies such as NAOMI to investigate new approaches to reducing the harm caused by heroin addiction.'"

Though the plan has some critics, particularly the US Office of National Drug Control Policy (the 'Drug Czar'), many are lining up in support of the NAOMI project. The Globe & Mail reported on Jan. 31, 2005 ( "Is Free Heroin Just A Quick Fix?") that "In Vancouver, the plan has the support of top politicians and law enforcers, including the mayor and the police chief. Mayor Larry Campbell, who was once a coroner and drug cop, said the trials are needed because current treatments aren't working for hard-core addicts. 'The critical thing is to accept this as a medical condition,' Mr. Campbell said. 'The side effects of this medical condition is that it forces you to . . . do things that you would never do, be it work as a sex-trade worker, be a B and E [break-and-enter] artist or a purse snatcher. So if I can mitigate that by putting you on heroin, imagine the changes you could have.'"

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Marijuana Decriminalization Still On Canadian Government's Agenda

Canadian Prime Minister Paul Martin renewed his party's commitment to marijuana decriminalization in summer 2004. According to a Canadian Press News Service report in the StarPhoenix dated July 22, 2004 ( "Gov't Committed To Decriminalizing Marijuana"), "The federal government is committed to marijuana decriminalization and will reintroduce legislation to make it happen, Prime Minister Paul Martin said in his first statement on the issue since winning re-election. The Liberal government will bring back a bill that died with the election call and re-table it after Parliament resumes sitting in October, he said Wednesday following a meeting of his new cabinet. 'The legislation on marijuana -- the decriminalization of minor quantities of marijuana -- that legislation will be introduced.'"

The bill, though significantly watered down from the original version, would still reduce penalties for minor possession amounts. The CP noted that "According to the original bill, anyone caught with 15 grams of pot or less would receive a ticket instead of criminal charges. But those caught trafficking more than 15 grams would receive harsher penalties. Critics say the bill could lead to more cases of intoxicated driving and cause traffic snarls at the Canada-U.S. border while American customs agents intensify their search for drugs. They also bemoan the 15-gram ceiling for non-criminal use, calculating that it would become legal for someone to carry more than 30 joints at a time. Detractors have already successfully lobbied the government to drive down the initial maximum amount from 30 grams."

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Canadian Medical Journal: Recent Police Crackdown On Drug Users Backfired Badly

Research published in the Canadian Medical Association Journal on May 11, 2004 ( "Displacement of Canada's largest public illicit drug market in response to a police crackdown") shows that a police crackdown on one of Canada's largest illicit drug markets has had unintended negative consequences and very few positive benefits.

According to the report, "In April 2003 the Vancouver Police Department embarked on a large-scale enforcement operation aimed at illicit drug users (IDUs) in the city's Downtown Eastside (DTES). The stated goals of the "crackdown" involved "disrupting the open drug market and interrupting the cycle of crime and drug use that marks the streets of the Downtown Eastside." The estimated cost of the crackdown to taxpayers was an additional $2.3 million. In the first several weeks of the operation an additional 236 trafficking charges against 162 individuals were reported."

The researchers note that "In an effort to identify effects of the crackdown, we investigated whether there were changes in the reported drug prices, patterns of drug use and general perceptions of the effect of police activities on the drug market. We also examined drug use in the community by evaluating statistics from the needle-exchange program, which is based in the DTES. Using statistics compiled by the City of Vancouver, we examined changes in the use of outdoor public boxes for the safe disposal of syringes and in unsafe syringe disposal. Since public injection drug use and dealing have historically been concentrated on the corner of the DTES's Main and Hastings streets, we defined the area within a 1-block radius of the corner of Main and Hastings as "the core" and peripheral areas in the DTES as "outside the core." Exchange and disposal data are available on only a monthly basis; therefore, we compared the 3 months before Apr. 1, 2003, with the 3 months after this date."

The researchers concluded that, far from being success, the increased law enforcement activity had a negative impact: "In summary, we detected no reduction in drug-use frequency or drug price in response to a large-scale police crackdown in Vancouver's DTES. Our results support anecdotal reports of increased public drug use and displacement of drug users,27 and they probably explain increases in drug-related sex-trade activity28 and crime in areas outside the DTES. The crackdown also increased the rates of unsafe syringe disposal and significantly reduced the proportion of syringes being returned to the city's largest needle exchange. The displacement of the drug market to new areas has substantial public-health implications, including the potential for an increased risk of new initiates into injection drug use."

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Canadian Health Agency To Try Distributing Medical Marijuana Through Pharmacies

The Canadian health agency Health Canada plans to begin a pilot project to distribute medical marijuana through pharmacies. The London Free Press reported on March 22, 2004 ( "Drugstores Will Carry Marijuana") that "Health Canada plans to make government-certified marijuana available in pharmacies, a move that could rapidly boost the number of registered medical users. Officials are organizing a pilot project in British Columbia, modelled on a year-old program in the Netherlands, that would allow medical users to buy marijuana at their local drugstore. Currently, there are 78 medical users in Canada permitted to buy Health Canada marijuana, which is grown in Flin Flon, Man. The 30-gram bags of dried buds, sold for $150 each, now are sent by courier directly to patients or to their doctors. But the department is changing the regulations to allow participating pharmacies to stock marijuana for sale to approved patients without a doctor's prescription, similar to regulations governing so-called morning-after pills, emergency contraceptives that can be obtained directly from a pharmacist without the need for a doctor's signature. A notice of the change is expected to be made public this spring, allowing for drugstore distribution later in the year."

The Free Press noted that "The pilot project is slated for British Columbia because the province's college of pharmacists issued a groundbreaking statement last fall supporting the distribution of medical marijuana in pharmacies, unlike most health-care organizations which have opposed easier access. Although the number of current approved users is small, O'Brien [Robin O'Brien, a consulting pharmacist who is organizing the pilot project for Health Canada] notes internal surveys for Health Canada have suggested up to seven per cent of the British Columbia population -- or about 290,000 people -- use marijuana for medical purposes, albeit illegally. Easier availability of certified marijuana might encourage more medical users to register with the government, rapidly boosting the number taking advantage of legal dope, says O'Brien."

Statistics Show Marijuana Decriminalization Could Save Millions

Data released by Statistics Canada show that marijuana decriminalization could save the country millions. The Winnipeg Free Press reported on Feb. 24, 2004 ( "Pot Bill Likely To Save Millions, Stats Suggest") that "The federal government's plan to decriminalize pot possession would free up millions of dollars and thousands of police hours, the latest statistics suggest. Police laid a record number of drug-related charges in 2002 and most offences involved marijuana, Statistics Canada reported yesterday. Seventy-five per cent of 93,000 drug-related incidents in 2002 involved pot. Almost three-quarters of those were possession offences, and more than half of those convicted were fined. 'The police-reported drug-crime rate has risen an estimated 42 per cent since the early 1990s and now stands at a 20-year high,' the agency said. The numbers highlight a rift between police, who support tight enforcement of pot laws, and more tolerant attitudes by the public, politicians and the courts. The statistics were released as MPs on Parliament Hill began to debate a bill to decriminalize possession of less than 15 grams of pot -- about 15 to 20 joints. Instead of a criminal record, the bill proposes fines of between $100 and $400. The bill maintains or increases penalties for large-scale growers and traffickers."

As the Free Press noted, "If passed, the bill would appear to free police from laying most possession charges. Critics have long argued that officers could divert investigative hours and millions of dollars toward fighting other crime if they eased up on such anti-drug efforts."

A full copy of the study can be purchased through the StatCan website.

Canadian Government Reintroduces Marijuana Decriminalization Bill

Legislation to decriminalize marijuana in Canada has been reintroduced by the nation's new prime minister. The London Free Press reported on Feb. 13, 2004 ( "Government Reintroduces Marijuana Bill") that "The federal government reintroduced a bill yesterday to decriminalize possession of small quantities of marijuana, but failed to reduce the maximum threshold from 15 grams. Any changes would have to be proposed by MPs, an official in the Prime Minister's Office said. The government wants the law to pass before the next federal election, expected in the spring, in the hope of muting any criticism. The bill was reintroduced at third reading, meaning it won't have to be re-examined by a parliamentary committee. That would change if the House of Commons reduces maximum possession to 10 grams, as was suggested by some Liberal and Conservative MPs."

The Free Press noted that "As it stands, the proposed law wouldn't impose criminal sanctions for possession of enough pot to make about 20 joints. However, fines of up to $400 could be imposed for adults, less for youths. The legislation would increase maximum penalties for the producers of cannabis."

The legislation can be reviewed by clicking here.

Canadian Federal Government Decides Not To Prosecute Medical Marijuana Activists In Toronto Compassion Centre Case

The Canadian federal government will not proceed with the prosecution of two men arrested in connection with the Toronto Compassion Centre, the Toronto Globe & Mail reported on Jan. 28, 2004 ( "Ottawa Won't Prosecute Medical Marijuana Activists"). According to the Globe & Mail, "Citizen groups that provide medicinal marijuana to the chronically-ill are rejoicing today amid news that Ottawa will not proceed with trafficking charges laid against two men operating a well-known Toronto care centre. The Globe and Mail has learned that the federal government will refrain from pursuing a prosecution against two men who operated a Toronto organization whose workers were devoted to dispensing cannabis to patients suffering from persistent illnesses like AIDS and other ailments. The men's preliminary hearing was to have started today."

(For more background on the case, see for example "Compassion Centre's Future Unclear," Toronto Star, Aug. 16, 2002.)

The Globe & Mail noted that "Mr. [Warren] Hitzig, 27, and a colleague, Zach Naftolin, were charged in 2002 after the Toronto Compassion Centre they helped to operate was robbed and investigating police later found large quantities of marijuana on the premises. Mr. Hitzig said he was informed last week that the charges would not go ahead. However, sources were unclear whether they would be withdrawn or stayed. A stayed charged means police have the right to proceed for up to a year. He said many other such clubs across had been concerned they would be the next ones to face charges, and are encouraged now that they will be able to operate without that fear. 'I think that's the message, but they were also really scared. They don't want to go through the same thing that I did,' he said. He said that recently-established regulations that allow chronically-ill Canadians to access the drug are very onerous, necessitating the need for his organization and others like it. Mr. Hitzig and Mr. Naftolin no longer run the club, which has since begun operating in another location. 'The government has to do something. It's popping up all over the world,' he said. 'Health Canada get your act together.' The operator of a Vancouver centre said the decision may encourage others to provide the service. 'I think it's another note of recognition of the service we are providing,' said Hilary Black, co-director of the B.C. Compassion Club Society. Ms. Black, whose club currently provides marijuana to 2,800 individuals, said her organization regularly receives inquiries from individuals wanting to set up clubs but who are concerned about whether it's safe to do so."

Toronto Police Force Rocked By Drug Squad Investigation

An elite drug squad in Toronto has been the target of a major investigation into police corruption. The Toronto Star reported on Jan. 20, 2004 ( "New Drug Case Bombshell") that "Stunning new allegations in the drug squad scandal that has rocked the Toronto police force were unsealed by the province's highest court yesterday. A series of sworn affidavits from a task force that probed the central field command drug squad allege that police officers charged a "tax" on drug dealers to ply their trade in certain areas of Toronto. Other allegations against the officers are that they: Took up to $479,000 from safety deposit boxes, though charges filed later mention only $34,000. Beat up a drug dealer for information. Pocketed jewellery, narcotics and cash while doing searches. Lied in court to get convictions against drug traffickers. Some drug squad officers had suspiciously large bank balances while working with the squad, the documents stated."

According to a report in the Calgary Sun on Jan. 20, 2004 ( "Cop Probe Widens"), "Information contained in police affidavits suggests allegations go far beyond criminal charges laid against six former drug cops 13 days ago and also appears to contradict Chief Julian Fantino's statement that the scandal is 'isolated' and has been dealt with appropriately. The affidavits, released by the Ontario court of appeal, contain a statement by RCMP Chief Supt. John Neily, head of the probe, that 'evidence of criminal activity exists against 17 members' of the Central Field Command. In another affidavit, Neily stated 12 were involved in 'serious criminal behaviour.' 'I am attempting to identify only those who are alleged to have committed the most serious offences,' Neily wrote. The affidavits contain allegations officers were involved in the theft of 'large quantities of drugs and the later resale of drugs' to 'significant drug criminals and organized crime figures, including outlaw motorcycle gang associates.' One officer is alleged to have been 'actively involved' in drug trafficking in recent months."

Offices, Homes Of Officials In British Columbia Searched In Drug Investigation; No Politicians Involved In Case, Police Say

Opponents of Paul Martin's Liberal government are getting political mileage from police searches of the offices of some government officials. The Globe & Mail reported on Jan. 6, 2004 ( "Rumours In Wake Of BC Raid 'Devastating'" ) that "Several people caught in the vortex of a police investigation that became public a week ago when two B.C. Legislature offices were searched, defended themselves yesterday in a bid to repair the damage caused by an information vacuum filled with rumours. Details of the 20-month investigation into drug smuggling and money laundering have been obscured by sealed search warrants, a lack of charges and by veiled comments from police, worried about jeopardizing the investigation. 'It's been devastating just dealing with it over the past week,' said Mark Marissen, campaign chairman for Prime Minister Paul Martin's leadership bid in British Columbia. Mr. Marissen was drawn into the scandal when he was visited by police seeking documents. Police had served search warrants at several locations, including on the offices of David Basi, an assistant to B.C. Finance Minister Gary Collins, and Bob Virk, an assistant to Transportation Minister Judith Reid. But Mr. Marissen said his premises were not searched. He was given a letter from police explaining that they believed he was the innocent recipient of documents they wanted to see. Media reports that stated documents were 'seized' from his home office were incorrect, he said, and unfairly indicated he was not assisting police." The Globe & Mail noted that "In a briefing yesterday, Victoria Police Chief Paul Battershill reconfirmed that the legislature raids were linked to organized crime and drug smuggling."

In a possibly related development, police are reported to have raided a marijuana growing operation in a home owned by one of the targeted assistants. The Ottawa Citizen reported on Jan. 11, 2004 ( "Police Find Marijuana Growing In House Owned By Fired Assistant") that "Police dismantled a marijuana-growing operation about two weeks ago in a Shawnigan Lake home owned by David Basi, the former assistant to Finance Minister Gary Collins at the centre of B.C.'s latest political scandal. The drug raid, at 3260 Shawnigan Lake Road, happened over the Christmas holidays. It was around the same time police raided Mr. Basi's office in the legislature as part of a 20-month investigation into organized crime, commercial crime and drugs. Mr. Basi, fired after the raid on his office, purchased the rural Shawnigan Lake property for $180,000 last March, but lives at another address."

Canadian Supreme Court Upholds Law Against Marijuana Possession

The Canadian Supreme Court upheld the law against possessing marijuana in late December 2003. As reported by the Canadian Broadcasting System News on Dec. 23, 2003 ( "Supreme Court Upholds Marijuana Law"), "The highest court has rejected the appeal of three B.C. men who argued it is unconstitutional to use the law to punish a harmless activity. The court ruled 6-3 that making marijuana possession a criminal offence does not violate Charter of Rights guarantees of liberty and security of person. Lawyers for the three B.C. marijuana users - David Malmo-Levine, Chris Clay and Victor Caine - had argued that the government has no right to tell people what they can put in their bodies. Malmo-Levine is a Vancouver marijuana activist has fought for 10 years to legalize marijuana."

The decision was immediately criticized by medical marijuana activists. The CBC reported that "A Victoria medical marijuana advocate says the Supreme Court made the wrong decision, and says Tuesday's ruling won't make society any safer. 'It's a great early Christmas present for the black market and for the criminal gangs involved in cannabis distribution because this guarantees their lock on profits for the holidays,' says Philippe Lucas of the Vancouver Island Compassion Society."

The text of the Court's decision is available by clicking here.

New Canadian Prime Minister Paul Martin To Re-Introduce Marijuana Decriminalization Bill -- Will Seek Tougher Penalties To Appease US Critics

Canada's new Prime Minister, Paul Martin, announced in mid-December 2003 that he plans to reintroduce in the 2004 legislative session his predecessor Jean Chretien's bill to decriminalize marijuana. The Toronto Star reported on Dec. 18, 2003 ( "Martin Promises To Revive Pot Bill") that "The bill brought in under Chretien, which died on the House of Commons order paper last month, will be reintroduced when MPs return to work in the new year, Martin said. He suggested some changes are in the works: 'I think that one's got to take a look at the fines. I think that you have to take a look the quantities, and I think that there has to be a larger effort against the grow-ops and against those who distribute.'"

According to the Star, Martin "hinted he'd like to see the legislation toughened and invited a parliamentary committee to consider amendments on several points, including lowering the limit for non-criminal possession from the currrent proposal of 15 grams. Martin said today that he sees a health risk in pot use and observed that 'any doctor will tell you it's far from the best thing for you.' However, he insisted that it achieves 'absolutely nothing to give a criminal record to young people caught with minimal amounts.'"

US officials had pressured the Canadian government during the 2003 session to drop the decriminalization effort. The Star noted that "the bill provoked the ire of hardliners in the administration of U.S. President George W. Bush. John Walters, the White house director of drug policy, complained Canada was out of step with the rest of the western hemisphere. Paul Cellucci, the U.S. ambassador to Ottawa, warned of long lineups at border points as American customs officers scrutinize visitors from the north."

Canadian Government To Begin Distributing Medical Marijuana To Eligible Patients

The Canadian government announced that it will begin distributing medical marijuana to eligible patients. The Toronto Star reported on July 9, 2003 ( "Medical Marijuana Can Be Distributed") that "The federal government will ask doctors to distribute medical marijuana grown in a Manitoba lab, CTV News reported yesterday. While officials had claimed the quality of the marijuana was too inconsistent to use, they now say 370 kilograms has passed the test, sources told CTV."

According to a story on the Reuters News Service wire dated July 9, 2003 ( "Canada To Sell Medical Marijuana To Seriously Ill"), "Ottawa announced in July 2001 that some patients would be able to use marijuana provided by the government. But plans to grow official pot hit a series of snags, prompting a court in Ontario to give Ottawa until July 10 to come up with a solution. The new plan is Ottawa's response to that ruling. Federal officials said more research into the claimed benefits of medical pot was needed and they would therefore appeal the court ruling, a decision that angered critics. 'My first obligation is to ensure the safety and efficacy of this product. Marijuana is not a proven therapeutic product,' said Health Minister Anne McLellan. I remain committed to ( Ottawa's ( medical marijuana research program, which promotes research on the medical value of marijuana while taking a compassionate approach to Canadians who suffer from serious medical conditions.' The 582 sufferers granted dispensation from criminal laws to use the drug will be able to buy dried marijuana for $3.70 per 0.04 ounce -- about half the current black-market rate -- or a pack of 30 seeds for $20 so they can grow their own plants. 'Although this interim policy can be amended or suspended at any time, it is anticipated that it will remain in effect until...( Ottawa's ) roles and responsibilities with respect to a supply of marijuana for medical purposes have been clarified by the courts,' the health ministry said in a statement."

Legislation To Reduce Marijuana Possession Penalties Introduced In Parliament

A bill was introduced in the Canadian Parliament in late May, 2003, to reduce the penalties for some small-scale marijuana offenses while at the same time increasing some other penalties. The Detroit Free Press reported on May 28, 2003 ( "Canada Bill Eases Penalty For Having, Growing Pot") that "Under the bill, anyone caught with up to 15 grams -- enough for 15 to 30 joints -- would only be fined, and criminal penalties would be reduced for people growing up to 25 marijuana plants. 'We have to ask ourselves as a society: Does it make sense that a person who makes a bad choice can receive the lasting burden of a criminal conviction?' said Justice Minister Martin Cauchon. He said police would have more resources to go after large growers. Under the bill, the maximum sentence for illegal growers would increase from 7 to 14 years in prison. Trafficking would remain punishable by up to life in prison. The bill also would include about $150 million for an education, research and treatment program aimed at persuading young people to not use drugs. 'The bottom line of this proposal is to create the most effective way to deal with the drug problem through a number of ways,' Cauchon said."

According to the Free Press, "Canada would levy a fine -- about $110 in U.S. dollars -- on adults and about $73 U.S. for youths possessing up to 15 grams. Possible penalties would increase for possession of 15 to 30 grams, for 'aggravating factors' such as driving a car while in possession and for possession of cannabis resin, a more concentrated version of marijuana. For 15 to 30 grams, police would have the discretion of handing out a fine or pressing for a summary conviction, which could result in up to 6 months in jail -- though that is rarely imposed."

Yet though these are minor changes, opponents still are casting the law as a major loosening of the rules. The Free Press reported that "Though Chretien's Liberal Party has a comfortable majority in the House of Commons, the bill's passage is not assured. Several Liberal lawmakers have spoken out against the legislation, saying minimum sentences for growers and traffickers aren't tough enough and that it sends the wrong signal to youth. 'It is by no means a done deal,' said Dan McTeague, the Liberal member of Parliament from Ontario. 'This bill is going to have a difficult time.'"

Major Human Rights Organization Says Vancouver, BC Police Persecuting Drug Users, Worsening AIDS Epidemic

The organization Human Rights Watch in May, 2003, issued a report criticizing the Vancouver, BC police for their treatment of drug users. According to an Associated Press story in the Wilmington, NC Morning Star on May 8, 2003 ( "Report Assails Vancouver Police"), "A police crackdown on drug dealers in downtown Vancouver is causing more harm than good for the neighborhood's AIDS and hepatitis epidemic, a Human Rights Watch report says, asserting addicts are being driven away from needle-exchange programs and other services. Called Operation Torpedo, the crackdown has gotten some pushers off the streets, 'but at a high cost,' said the report issued Wednesday by the New York-based rights group. Its findings were echoed by health care workers, activists and addicts in the city, known for its progressive drug policies."

According to Human Rights Watch's news release of May 7, 2003 ( "Vancouver Police Persecuting Drug Users"):
"The crackdown began on April 7 in the city's impoverished Downtown Eastside neighborhood. Though drug traffickers are the ostensible target, drug users not charged with selling drugs have been driven to places where health workers cannot reach them to ensure access to sterile syringes and other HIV prevention services.
"'The flouting of due process in this crackdown is shocking for a country with Canada's strong commitment to human rights,' said Joanne Csete, director of the HIV/AIDS Program of Human Rights Watch. 'Vancouver risks making its HIV/AIDS crisis much worse -- and it's already the worst on the continent.'
"Based on a field study conducted in recent weeks, Human Rights Watch documented cases of police officers beating and otherwise mistreating drug users in custody, conducting public strip searches, and using petty allegations such as jaywalking to justify stops and searches. The report also documents a significant reduction in the use of needle exchange programs and other life-saving services related to fear of police abuse and harassment among drug users.
"In November 2002, Vancouver elected a mayor and city council members whose platform included support for a 'four-pillar' strategy to address illegal drug use, including needle exchange programs and safe injection facilities. Since those officials took office in January 2003, the city's most conspicuous anti-drug effort has been several crackdowns against users and dealers, of which the current operation is the most prominent."

A copy of the report, "Abusing The User: Police Misconduct, Harm Reduction and HIV/AIDS In Vancouver," can be downloaded from the HRW website or directly as a PDF by clicking here.

Prime Minister Declares Canada Will Decriminalize Marijuana Soon; US Officials Go Ballistic

The Canadian Prime Minister, Jean Chretien, expressed his support for decriminalization of marijuana in late April 2003, at the same time specifying that he is not calling for its legalization. As the Toronto Star reported on April 30, 2003 ( "Chretien Ready To Ease Pot Possession Law"), "Calling his government 'activist' and 'not afraid to take on controversial issues,' Prime Minister Jean Chretien cast a nod at youth last night and vowed that marijuana would soon be decriminalized. It was the first public pronouncement from Chretien that possessing small quantities of marijuana would be decriminalized in Canada. 'We will soon introduce legislation to decriminalize possession of small amounts of marijuana,' he told a Liberal party fundraiser. Amid applause, he quipped, 'Don't start to smoke it right away! We're not legalizing it.'

The Canadian PM displayed a refreshingly honest, realistic, and compassionate attitude regarding marijuana users in his speech. The Star reported that, "Chretien said that, in his youth, marijuana wasn't known. 'I never tasted it.' But he smoked cigarettes, when his father told him not to. 'When he gave me permission at 16, I stopped.' Youth today are charged criminally for possession of marijuana. 'Some might have a criminal record that will be a shadow over his ( her ) life for years to come,' the Prime Minister said. That makes decriminalization important so 'young people do not have unnecessary criminal records for the rest of their lives.'

Not surprisingly, US drug war officials are not pleased with Canada's new direction, and are making their displeasure known. The Toronto Sun reported on May 1, 2003 ( "Critics: New Pot Law Will Bug US") that "John Walters, director of the White House office of National Drug Control Policy, said decriminalization makes little sense. 'When you make the penalties minimal you get more drug use, you get more drug addiction, you get more drug production, you get more drug crime,' he said."

One of Walters' assistants, David Murray, was somewhat more direct. As noted in a Boston Globe column by Alex Beam on May 6, 2003 ( "To Canada, US Diplomacy Is High Comedy"), "On Friday, a Canadian Broadcasting Corp. reporter asked David Murray, assistant to White House drug czar John Walters, what he thought of all this. Murray fired off the rhetorical shot heard from Kitimat all the way to Kippokok: 'We would have to respond. We would be forced to respond,' Murray said. Why? Because pot legalization is dangerously anti-American. Just look at the longhair maniacs who support decriminalization, wild men like financier George Soros, Nobelist Milton Friedman, and former Secretary of State George Schultz."

According to the CBC on May 2, 2003 ( "US Warns Canada Against Easing Pot Laws"), "Murray tried to express the feeling in the US that looser drug laws go hand-in-hand with an increase in crime and drug addiction among youth, and used some apocalyptic language to do it. 'You can't wall this off saying, 'We're only talking about a little cannabis.' Our experience is they come together like the Four Horsemen,' he said. Murray said Canada's reputation in the global community would be forever altered if it decided to decriminalize pot. 'It's not just Canada's relationship with the United States that would change; it's Canada's relationship with the world,' he said. In fact, many countries, notably in Europe, have already decriminalized marijuana, but none of them share a border with the US, where the policy is zero tolerance for smoking pot."

House Committee Final Report Calls For Cannabis Decriminalization

The Committee on the Non-Medical Use of Drugs of the Canadian House of Commons issued its final report, "A Policy For The New Millenium, on Dec. 12, 2002." The committee's final report does call for decriminalization of cannabis, as had previously been reported. According to the Winnipeg Free Press on Dec. 12, 2002 ( "Committee To Recommend 30-Gram Pot Limit"), "Possession of up to 30 grams of marijuana should not saddle someone with a criminal record, a Commons committee will recommend today. But it will not support an amnesty for people with records for past possession convictions. The report from the special parliamentary committee on the non-medicinal use of drugs won't propose that pot be legalized. Rather, it will recommend that small amounts be sanctioned with something other than the full weight of the criminal justice system -- likely a fine."

The Committee report issued the following recommendations regarding cannabis:
RECOMMENDATION 40
The Committee recommends that the possession of cannabis continue to be illegal and that trafficking in any amount of cannabis remain a crime.
RECOMMENDATION 41
The Committee recommends that the Minister of Justice and the Minister of Health establish a comprehensive strategy for decriminalizing the possession and cultivation of not more than thirty grams of cannabis for personal use. This strategy should include:
Prevention and education programs outlining the risks of cannabis use and, in particular, the heightened risk it poses to young persons; and
The development of more effective tools to facilitate the enforcement of existing Criminal Code prohibitions against driving while impaired by a drug.

House Of Commons Committee Report Endorses Harm Reduction, Questions Use Of Law Enforcement To Reduce Drug Abuse

The Select Committee on Non-Medical Use of Drugs of the Canadian House of Commons issued its Interim Report on Dec. 9, 2002. The report endorsed harm reduction as a core component of drug control policy (Recommendation 25), in addition to a number of harm reduction measures including methadone maintenance (Recommendation 19), syringe exchanges (Recommendation 22), safe injection facilities (Recommendation 23) and prescription heroin (Recommendation 20). A full list of the Interim Report's Recommendations can be found by clicking here.

Also among its recommendations, the Committee calls for creation of "a Canadian Drug Commissioner, statutorily mandated to monitor, investigate and audit the implementation of a renewed Canada's Drug Strategy and to report and make recommendations annually to Parliament, through the Speaker of the House of Commons." (Recommendation 3.) The Committee also recommends that drug policy be coordinated through the Canadian government's Health Ministry (Recommendation 5) -- unlike the US, which has its drug policy mostly set by its law-and-order-focused Justice Department and Judiciary committees. Specifically, according to the report:
"RECOMMENDATION 4
The Committee recommends that the Minister of Health be mandated to coordinate the multi-departmental implementation of a renewed Canada's Drug Strategy and to respond to the Canadian Drug Commissioner's report within 90 days in an annual statement to the Standing Committee on Health, through the House of Commons.
RECOMMENDATION 5 The Committee recommends the Canadian Centre on Substance Abuse, as an independent non-governmental organization, be given the mandate to develop, in consultation with federal, provincial and territorial governments and key stakeholders, the goals, the objectives, the performance indicators and the strategic plan for a renewed Canada's Drug Strategy, which shall be comprehensive, coordinated and integrated."

The Committee also recommends that some harm reduction measures, including methadone maintenance therapy and syringe exchange, be implemented within the Canadian prison system (Recommendations 31 and 32, respectively).

Earlier media reports had indicated that the Committee would give its support to cannabis decriminalization (see "Canadian Special Parliamentary Panel To Issue Report Supporting Cannabis Decriminalization, Safe Injection Rooms; Also Calls For Canadian 'Drug Czar'", below). However the Committee decided against taking such a step. They did however note that "The licit or illicit status of substances has little impact on their use," and that "It is astounding that cannabis offences accounted for approximately three-quarters of all drug-related offences in 2001." (Chapter 2, Part 3)

Canadian Special Parliamentary Panel To Issue Report Supporting Cannabis Decriminalization, Safe Injection Rooms; Also Calls For Canadian 'Drug Czar'

The Special Committee on Non-Medical Use of Drugs of the Canadian House of Commons is preparing to issue a report supporting major reforms in Canada's drug policy, according to news reports. According to the Ottawa Citizen on Nov. 19, 2002 ( "MPs Demand A Drug Czar"), "A special parliamentary committee will recommend that Canada hire a national drug czar -- similar to that in the U.S. -- to tackle the country's multibillion-dollar problem of illegal drugs. The committee on non-medical use of drugs will also recommend that Canada relax its laws against marijuana possession and that the government sanction sites in which addicts can safely inject drugs."

The impetus for the creation of a Drug Czar's office may be found in an earlier report by the Canadian Federal Auditor. The Citizen reports that "Federal Auditor General Sheila Fraser, in a scathing report last December, reported that Canada is ill-informed on the size of its drug problem because nobody is in charge. Ms. Fraser found that illegal drugs are costing the federal government alone an estimated $5 billion annually through the harmful effects of drug use. These effects include lost productivity, property crime, law enforcement and health care. She singled out the Justice Department and the RCMP for failing to articulate what they have accomplished in pursuing drug files."

One committee member opposed to some of the reforms attacked moves by the Canadian executive branch to begin considering safe injection rooms prior to the report's release. The Toronto Globe & Mail reported on Nov. 18, 2002 ( "Drug Panel Was Upstaged, MP Asserts") that "The Chretien government has pre-empted the work of a special Commons committee that spent more than $500,000 and two years travelling the world to study the non-medical use of drugs, the committee's vice-chair charges. Randy White, a Canadian Alliance MP, pointed last week to the recent announcement by Health Minister Anne McLellan's office that her department is reviewing criteria for safe-injection sites as evidence that the Liberal-dominated committee is simply following the wishes of the minister. Though he does not support safe-injection sites, Mr. White said the committee is 'leaning toward' adopting them as part of promoting the European model of 'harm reduction.' The committee is also expected to recommend that marijuana be decriminalized. The report, which is more than 100 pages long and includes 30 recommendations, is to be finalized at a committee meeting today. It is to be made public early next month."

Canadian Senate Panel Calls For Regulated, Legal Marijuana Market

The Canadian Senate's Special Committee on Illegal Drugs issued its long-awaited report on Canadian cannabis policy on September 4, 2002. According to the Committee's news release of Sept. 4, 2002 ( "Senate Committee recommends legalization of cannabis"), "In an exhaustive and comprehensive two-year study of public policy related to marijuana, the Special Committee found that the drug should be legalized. The 600 plus page Senate report is a result of rigorous research, analysis and extensive public hearings in Ottawa and communities throughout Canada with experts and citizens. 'Scientific evidence overwhelmingly indicates that cannabis is substantially less harmful than alcohol and should be treated not as a criminal issue but as a social and public health issue', said Senator Pierre Claude Nolin, Chair of the Special Committee, in a news conference today in Ottawa. 'Indeed, domestic and international experts and Canadians from every walk of life told us loud and clear that we should not be imposing criminal records on users or unduly prohibiting personal use of cannabis. At the same time, make no mistake, we are not endorsing cannabis use for recreational consumption. Whether or not an individual uses marijuana should be a personal choice that is not subject to criminal penalties. But we have come to the conclusion that, as a drug, it should be regulated by the State much as we do for wine and beer, hence our preference for legalization over decriminalization.'"

A great deal more information about this historic report can be found at the Committee's website, including a copy of the Committee's report, by section, in HTML or PDF. Links to the report in HTML follow:
Summary
Volume I: General Orientation
Volume II: Policies and Practices in Canada
Volume III: Public Policy Options
Volume IV: Appendix

The Committee news conference is available online in Real format by clicking here. The Canadian Foundation for Drug Policy is a terrific resource for information about Canadian drug policy.

First She Says She Won't, Now She Says She Will: McLellan Does Flip-Flops On Medical Cannabis

Canadian Health Minister Anne McLellan is feeling heat from statements she made in mid-August regarding Canada's medical cannabis program. As the Toronto Sun reported on August 21, 2002 ( "McLellan Relights Ottawa's Medical Pot Plan"), "On Monday, she told the Canadian Medical Association in Saint John, N.B., she felt uncomfortable with the idea of Ottawa providing pot to relieve pain. She told the gathering she was considering putting an end to the federal government's controversial $5.7-million project to grow medical-grade marijuana in an disused Manitoba mine. But yesterday she denied ever suggesting it might not go forward."

Criticism of Minister McLellan came swiftly. A Winnipeg Sun op-ed on August 26, 2002 ( "Health Minister Is On A Bad Trip") asked "What has federal Health Minister Anne McLellan been smoking?" The author, Penni Mitchell, wrote:
"Last week, she appeared to forget that when she was justice minister she created an exemption that allows people with specific conditions to possess marijuana. Ms McLellan told an audience of pot-leery docs at a meeting of the Canadian Medical Association that the idea of smoking pot for medicinal purposes made her uncomfortable. She went on to say that she hoped the Supreme Court would provide clarity on the issue.
"Either the minister didn't explain herself properly or she's been taking too many trips to Flin Flon lately. The Ontario Court of Appeal ruled two years ago that it was legal for terminally ill people to use marijuana for pain relief. Ms McLellan decided not to appeal that ruling and introduced the exemptions in response.
"But a year later, the move has turned into a bad trip for doctors -- many are worried about the liability of recommending an untested substance that it is illegal to buy. The solution appears to be simple. Remove the sanctions against buying pot as well as possession."

The mounting criticism seems to have had an impact. The Toronto Star reported on August 27, 2002 ( "Feds Will Supply Medicinal Pot: McLellan") that "The federal government is not backing away from its plan to supply patients with medical marijuana, Health Minister Anne McLellan said today, bristling at earlier reports that the project has been shelved. Her department hopes clinical trials on research-grade pot can begin at the end of fall or in early winter, McLellan said, refuting suggestions she is not keen to go ahead with the controversial plan to distribute marijuana for medicinal purposes."

Yet questions still persist. Many resent Health Canada's decision to withhold from patients the cannabis produced by the government's official marijuana farm in Flin Flon, Manitoba. The Star reported that "Ottawa signed a $5.7-million, four-year contract in 2000 with Saskatoon-based Prairie Plant Systems to grow marijuana for the government. The pot is being grown deep in a former mine in Flin Flon, Man. The government couldn't go ahead with an earlier crop because it wasn't standardized and therefore not suitable to use in trials, she said. 'They've grown a second crop and we're testing it,' McLellan said. 'We believe that we have overcome that problem. We have a standardized crop which can be used.' However, a Health Canada official said in December the first crop was quality-tested and was ready for distribution to patients and researchers. A department spokesman said later Monday he couldn't account for the comment made in December. Prairie Plant Systems declined to comment, saying all information must come from Health Canada."

US pressure on the Canadian government may be to blame for the hassles. As the Star reported, "Some observers have suggested the government has backed away from medicinal pot because, in part, it raises cross-border issues with the United States. A noted pain specialist was quoted as saying he suspected Canada didn't want to get ahead of the United States in this area. McLellan revealed to a Commons committee in the spring that American drug-enforcement authorities wouldn't allow Health Canada access to pure, research-quality marijuana seeds from U.S. National Institute of Drug Abuse. An assistant deputy minister for Health Canada conceded at the time there are people in the U.S. government opposed to research on the benefits of marijuana."

US Drug Czar Pushes Canadians To Adopt US War On Marijuana

The US Drug Czar, John Walters, has put Canada on notice that it must change its drug policies to fall in line with US dogma. The Associated Press reported on June 13, 2002 ( "US Drug Czar Warns Canada On Plan") that "Canada should get tough on marijuana instead of decriminalizing the drug or allowing people to use it for medicinal purposes, U.S. drug policy chief John Walters said Wednesday. 'Canada's decision about how it handles this or other issues of regulated substance is its decision. We respect that,' Walters told reporters during a two-day visit for an international meeting of the College on Problems of Drug Dependence. But he made it clear the American government disagrees with recent moves in Canada to liberalize drug policies."

According to the AP story, "A Canadian Senate committee has expressed initial support for decriminalizing marijuana, with its final report due in August following public hearings. A preliminary report released in May said no scientific evidence exists that marijuana use leads to harder drugs, or that it is more dangerous to society than alcohol. Canadian federal agencies spend about $326 million each year to fight drugs and more than 30,000 people are charged with simple possession annually, the preliminary report said. If Canada follows the committee's initial recommendations, marijuana would still be illegal, but users would not be penalized. That would differ from the zero tolerance policy of the U.S. government."

The Drug Czar's comments were made during a conference of the College on Problems of Drug Dependence. Walters also spoke to the Canadian Parliamentary panel investigating drug policy mentioned above. According to the Toronto Globe & Mail on June 12, 2002 ( "Include US In Drug Discussions, Panel Hears"), "Canada needs to include the United States in discussions on the creation of a new drug policy, a Senate committee on illegal drugs heard this week. As part of its efforts to table a final report addressing Canada's policy on cannabis, the committee held meetings with several U.S. officials including John Walters, director of the U.S. national drug policy. Committee chair Pierre Claude Nolin said Mr. Walters told the group that if Canada adopts some form of decriminalization of marijuana, the U.S. would not want to encroach on Canada's legislation. However, 'the two neighbours would influence each other's policy,' Mr. Nolin told globeandmail.com. Mr. Walters also said that information must flow freely across the border, said Mr. Nolin, who heads the Special Senate Committee on Illegal Drugs, which is looking specifically at the use of cannabis in Canada."

Canadian Senate Committee Report Supports Marijuana Decriminalization

The Canadian Senate Special Committee on Illegal Drugs issued a report on Canadian cannabis policy on May 2, 2002. The Toronto Star reported on May 3, 2002 ( "Prohibition Has Little Effect On Pot-Smoking: Report") that "Efforts to prevent marijuana use are having little impact, and young Canadians are smoking up in greater numbers than ever, a Senate report says. An estimated 30 to 50 per cent of people 15 to 24 years old have used cannabis despite its illegality, the report, released Thursday by the Senate committee on illegal drugs, says. 'When you examine cannabis usage among youth, you realize that public policy has absolutely no effect,' Senator Pierre Claude Nolin, committee chairman, told a news conference."

As noted by the Star, "After studying the pros and cons of pot use for 14 months, the committee also concludes that scientific evidence suggests marijuana isn't a so-called gateway drug that leads to the use of harder drugs. The discussion paper, intended to guide public consultation on the marijuana issues, indicates that millions of dollars in public money being spent to combat pot is wasted. The arguments in the paper are far from new - many were made in the Le Dain report of 1973. Yet the federal government has been reluctant to change the law and Health Minister Anne McLellan has backtracked from a plan to give severely ill patients access to government-grown marijuana. There's a widespread perception that the federal government is reluctant to decriminalize pot because of opposition from the United States, which remains committed to prohibition."

The Committee will hold several meetings around Canada to get citizen input. According to the Committee's news release ( "Senate Committee discussion paper sets agenda for public meetings across Canada"):
"The Committee will be holding public hearings with experts and introducing an innovative town hall meeting format designed to enhance public participation in policy discussions in six locations across Canada in May and June, 2002. Meetings are being scheduled for:
"Regina, Sask., May 13; Richmond, B.C., May 14; Montreal, Que., May 30; Mount Pearl, Nfld., June 3 & 4; Moncton, N.B., June 5; and Windsor, Ont., June 6 & 7."

According to the Committee's news release, "'Our Committee has reached a stage in our deliberations where preliminary conclusions are becoming more apparent to us. For example scientific evidence seems to indicate that cannabis is not a gateway drug. It may be appropriate to treat it more like alcohol or tobacco than like the harder drugs,' said Senator Pierre Claude Nolin, Special Committee Chair. 'We now need to add the views of Canadians to expert testimony and evidence we've received to date to see where we should go from here. In fact we're trying out some non-traditional approaches such as this interim discussion paper and town hall meetings to establish a more effective dialogue with Canadians.' Details will be provided in advance of each meeting in each community. Further Special Committee hearings will also take place in Ottawa later in June before the Committee writes its report."

Copies of the Committee report as well as other documents and research from the Committee's work can be downloaded from the Senate Special Committee's website. The report itself can be downloaded as a PDF directly by clicking here, or a summary of the report is available by clicking here.

Health Canada Chief Moves To Prevent Access To Official Medical Marijuana Crop In Canada

The new chief of the Canadian health ministry, Anne McLellan, has decided not to release any of the medical cannabis being grown at the governmentally-approved marijuana farm. The Winnipeg Sun reported on April 23, 2002 ( "Medical Pot In Limbo?") that "Health Minister Anne McLellan won't release any of the marijuana being grown for the government to distribute to sick and dying patients until it has been tested in clinical trials, her spokeswoman said yesterday." According to the Sun, "The stipulation suggests the marijuana, being grown in an old mine in Flin Flon, won't be made available to severely sick or dying patients for years, if ever. It also suggests McLellan is taking a much tougher line on the use of medical marijuana than her predecessor Allan Rock. Clinical trials usually involve giving one group of people a drug and another group a placebo and observing differences. Such studies can take years to design and conduct."

Medical Marijuana Activist Steve Kubby Freed By Canadian Authorities

Medical marijuana activist and former Libertarian Party candidate Steven Kubby was released from custody by Canadian authorities. The Sacramento Bee reported on April 23, 2002 ( "Medical-Pot Activist Freed") that "Canadian authorities released Steve Kubby on bail after three days in jail but have added new drug charges against the medical-marijuana activist and his wife, Michele. Sgt. Bryon Hodgkin of the Royal Canadian Mounted Police said a search of the Kubbys' residence in British Columbia resulted in the seizure of what he called 'a sophisticated marijuana grow.' Authorities said they discovered 'approximately 160 marijuana plants.' The Kubbys have been living in the community of Sechelt since July 2001 when Steve Kubby failed to report to the Placer County jail to begin serving a 120-day sentence on two misdemeanor drug convictions."

According to the Bee's story, "Kubby, a cancer patient whose doctor testified at his California trial that marijuana therapy probably saved his life, contends that a 120-day jail term without the therapy would be tantamount to a death sentence. Kubby won his marijuana possession-for-sale and cultivation trials in Placer County but was convicted of having a trace of two illegal substances, peyote and a psychedelic mushroom stem, in his Olympic Valley home. He appealed the convictions and moved to Canada, but shortly after the 3rd District Court of Appeal in Sacramento ruled April 12 that a fugitive 'has forfeited his right to appeal,' Kubby was arrested in Canada on immigration warrants."

Report: Canada Has "Legal And Moral Obligation To Allow For And Fund Trials Of Safe Injection Facilities"

Declaring that " Canada is in the midst of a public health crisis concerning HIV/AIDS, hepatitis C, and injection drug use," The Canadian HIV/AIDS Legal Network is calling for establishment of safe injection facilities on a trial basis. Their new report, "Establishing Safe Injection Facilities In Canada: Legal And Ethical Issues," concludes that "Federal, provincial, and municipal governments cannot continue to ignore the health risks associated with injection drug use and with the prevailing criminal law approach to combating drug use. Switzerland, the Netherlands, and Germany have demonstrated that the provision of safe injection facilities is possible and effective. Australia has recognized the need and is experimenting." The report is also available as a PDF by clicking here. d

In the Network's April 11, 2002 news release ( "New Report Calls For Trials Of Safe Injection Sites") Ralf Jürgens, Executive Director of the Canadian HIV/AIDS Legal Network, said "We cannot continue to close our eyes to the staggering amount of avoidable disease and death resulting not just from injection drug use but also from governments' failure to put a comprehensive prevention and treatment strategy in place."

According to the Network, "in 1999, 34 percent of the estimated 4,190 new HIV infections were among injection drug users. Over 60 percent of the approximately 4,000 yearly new hepatitis C infections are related to injection drug use. The number of deaths from drug overdose is equally alarming. In British Columbia alone, more than 2,000 illicit drug overdose deaths have occurred since 1992, and overdoses have been the leading cause of death among people aged 30 to 49 in the province for five years in a row. 'Safe injection facilities offer drug users a place to inject their drugs using clean equipment and with considerably less stress with the available care of medically trained personnel, helping to prevent the transmission of blood-borne diseases such as HIV/AIDS and hepatitis C, and offering referrals to social, health and addiction treatment services,' explains Benedikt Fischer, Assistant Professor at the Department of Public Health Sciences and Centre of Criminology at the University of Toronto. 'Such facilities are successfully in operation in several countries in Europe and in Australia. The available evidence suggests that including safe injection facilities as one component of a broader public health-oriented policy response to injection drug use has the potential of producing significant benefits for both drug users and the general community,' Fischer adds.

The Network's release continues:
"The report highlights that safe injection facilities are not to be confused with unsanctioned 'shooting galleries' where illicit drugs are bought, sold and consumed, often in unsafe and unhygienic conditions. Staff working at a safe injection facility would not provide drugs to users, nor would they help to administer drugs. Instead, the facilities would help users to avoid negative health consequences associated with injection drug use, and provide a safer alternative to other locations in the community where users might normally go to inject drugs. 'Clearly, safe injection facilities are not the only answer to the complex problems associated with drug use,' says Jürgens. 'But it is unacceptable that preventable harms such as HIV infection, hepatitis C infection, and overdosing continue at alarming rates. In the face of a significant health crisis affecting both people who use drugs and the wider community, Canada cannot sit by, refusing to implement this reasonable harm reduction measure demonstrated to have been effective in other countries. Our analysis of legal and ethical issues related to the establishment of safe injection facilities shows that, at the very least, Canada must establish trial facilities and evaluate them. Logic, compassion, and basic decency require us to act.'"

Health Canada Report Endorses Harm Reduction To Deal With Injection Drug Use; Critics Express Some Disappointment But Praise Progress

The Canadian federal health ministry, Health Canada, has issued its response to a set of drug policy recommendations made two years ago by the Canadian HIV/ AIDS Legal Network.

As reported by Canada's National Post on September 1, 2001 ( "HIV Spreads While Ottawa Ponders Drug Policy") that "A federally funded research organization has criticized Health Canada for its 'vague' response to a report that recommends radical changes to Canada's drug policies in order to reduce HIV and AIDS. In 1999, the Canadian HIV/AIDS Legal Network released a report commissioned by Health Canada that said HIV and AIDS is a crisis among injection drug users. It said Canada's drug policies make the problem worse by criminalizing drug use and forcing users to hide their addiction, share needles and avoid medical help. The report recommended sweeping changes to Canadian drug policies, such as the establishment of safe injection sites, medical prescriptions for heroin and cocaine, and the decriminalization of small amounts of illegal drugs for personal use. Yesterday, after almost two years, Health Canada released a response to the report."

Regarding the report, the Toronto Globe and Mail on September 1, 2001 ( "Ease Up On Heroin Addicts, Federal Study Says") said of Health Minister Allan Rock that "By publishing the report, Mr. Rock, sometimes mentioned as a possible future prime minister, stepped deeper into a war zone between those who favour strict drug enforcement and those who call the current law outdated. It calls for sentences of up to seven years for possession of heroin and life for possession for purposes of trafficking." The Globe and Mail continued:
"The report drew tentative praise from AIDS activists yesterday and fire from Canadian Alliance MP Randy White, vice-chairman of a parliamentary committee on illegal drugs. He said he believes the Health Minister plans to legalize hard drugs. Mr. White predicted that public outrage will drive the Liberals from office if that happens.
"If Mr. Rock does move toward legalization, police groups may be among the hardest to persuade. By formal policy, the Canadian Association of Chiefs of Police says it 'stands firm in opposing any type of legalization of any and all current illicit drugs in Canada.'
"According to the Health Canada report, drug addicts should be treated as 'respected members of society who need and deserve support and assistance, not as criminals who should be isolated from each other.'
"It also says that a 'close examination' of Canada's drug laws is required and that there is a 'need to reduce barriers' for people who want to obtain drugs and treatment for addictions. That means providing safe needles, supporting methadone programs and improving co-operation between health and law-enforcement agencies to ensure drug users have better access to health and social services."

In its response to Health Canada's response, the Canadian HIV/AIDS Legal Network called the Health Canada report and another report, the Federal/Provincial/Territorial Committee on Injection Drug Use's "Reducing The Harm Associated With Injection Drug Use In Canada," "an important and significant step in the right direction. The federal and provincial/territorial governments have made important acknowledgements and commitments. It remains to be hoped that action will follow the words."

Canada Legalizes Medical Marijuana; Health Minister Issues Regulations Governing Possession and Production

Canada is moving forward with regulations allowing medical marijuana. According to Health Minister Allan Rock, "Canada is acting compassionately by allowing people who are suffering from grave and debilitating illnesses to have access to marijuana for medical purposes." ("Rock to Unveil Proposed Regulations Governing the Possession and Production of Marijuana for Medical Purposes," Health Canada News Release, April 6, 2001) The draft regulations went into effect on July 31, 2001. The text of the regulations was published in the Canada Gazette Part I on April 7, 2001. A chronology of the development of Canada's official medical marijuana regulations is available on the Health Canada website. More information on the state of medical marijuana in Canada is also available from The Compassion Club of Vancouver, British Columbia, Canada's largest medical marijuana buyers' club.

The Canadian Medical Association Journal in its May 15, 2001 issue editorialized in favor of decriminalizing possession of marijuana for personal, non-medical use. A PDF copy of the editorial, "Marijuana: Federal Smoke Clears, A Little" is available by clicking here. According to the CMAJ, "Health Canada's decision to legitimize the medicinal use of marijuana is a step in the right direction. But a bolder stride is needed. The possession of small quantities for personal use should be decriminalized. The minimal negative health effects of moderate use would be attested to by the estimated 1.5 million Canadians who smoke marijuana for recreational purposes. The real harm is the legal and social fallout." The CMAJ noted further that "The decriminalization of marijuana possession for personal use does not mean making marijuana 'legal' or letting it be sold in every schoolyard. It does mean that possession of small amounts for personal use would become a civil offense, like a traffic violation, not a criminal one. The provisions of Canada's Contraventions Act make this a relatively simple legislative task. Mr. Justice Minister, let's decriminalize the possession of small amounts of marijuana for personal use."

The UN's International Narcotics Board issued its 2000 anual report in early 2001. The report, available online in PDF format, details world consumption and production of both legal and illegal narcotic drugs and issues cautions based on their analysis.

According to the INCB, the US and many other nations face a problem of over-use of prescribed drugs. The BBC reported that according to the INCB, "Benzodiazepines are a major problem. In Europe, the forms of drug used as a sedative are used three times as often as in the US. But in the US, the forms of benzodiazepine used to treat anxiety and obesity disorders are used 10 times more often than in Europe. Loose prescription regulations, aggressive marketing and unethical prescribing were highlighted as problems."

The INCB also singled out for criticism drug policies in both Australia and Canada.

The Australian Associated Press reports that "The United Nations has criticised Australian states for challenging the Federal Government's anti-heroin injection room stance." Also, the AAP story says that "the INCB also said it was concerned about the high social acceptance of illicit drugs and the large number of people in favour of the legalisation of drugs in Australia."

Regarding Canada, the Toronto Star reports that "The United Nations' International Narcotics Board has criticized Canada for its lax attitude toward illegal growers of cannabis and failure to control illicit production of drugs such as 'ice' and 'ecstasy'."

Resources On Canadian Drug Policy

Canadian Foundation for Drug Policy

Canadian Media Awareness Project

The Compassion Club of Vancouver, BC