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For the past several years, there has been a lot of discussion and debate about marijuana in the media, courts and parliament. We often hear youth commenting: “the police don’t care if you smoke pot”, “it’s no problem – it’s legal now” and “if they’re thinking about making it legal, then it means there’s no harm in using it”. The controversy has created an environment of uncertainty for parents and teens. Parent Action on Drugs has developed this resource to help make sense of the issues and promote informed discussion with young people.
Marijuana, often called “pot” or “weed,” is a drug that is referred to by the scientific term “cannabis”. There are two pieces of legislation that have been put forward in recent years that concern marijuana.
Q What is the legal status of marijuana at this time?
A Marijuana is a controlled substance in Canada under the Controlled Drugs and Substances Act. Growing, selling, possessing or even giving marijuana to someone can result in a criminal conviction.
Q But haven’t there been changes to the laws about marijuana?
A Since 1997, there have been challenges to the laws about marijuana in the courts. At the same time, the government began to study possible changes to the laws affecting marijuana. The Cannabis Reform Bill was proposed to make changes in the laws affecting the possession, selling and growing of marijuana. This Bill proposed to decriminalize possession of small amounts of marijuana and introduce a system of fines and other consequences. However, at this time, the legal status of cannabis has not been changed. Unless the Cannabis Reform Bill is brought forward again and passed by Parliament, possession of marijuana remains an offence under the Criminal Code of Canada.
Q What is the difference between legalization and decriminalization of marijuana?
A “Decriminalization” means that a specific activity (such as the possession of a small amount of marijuana) would be removed from the scope of the criminal courts, but would still be against the law. With decriminalization, the user would be prosecuted differently and an “alternative penalty”, such as a fine, would be the consequence. “Legalization” would involve the removal of legal penalties, although regulations and rules about production and distribution could still be developed and put into effect.
Q What are the laws concerning drug impaired driving?
A Changes have also been proposed to modify the drug-impaired driving laws. Numerous illegal drugs and over-the-counter medications can affect a person’s ability to drive safely. Cannabis is the illegal drug most often connected with “drugged driving”. In 2003 a survey of Ontario students and drug use found that 20% of respondents had driven, at least once in the preceding year, within one hour of using marijuana. Drug-impaired driving is already a criminal code offence. However, police have to rely on symptoms of impairment and can only ask that a driver volunteer for drug testing. The new legislation would give police more authority to obtain evidence for a conviction. 3
Q How will the proposed legislation affect policing?
A Police would be given the authority to demand Standardized Field Sobriety Tests (SFST). The SFSTs evaluate a person’s ability to multitask. The SFSTs can be administered at roadside. If the police believe that a subject is under the influence of any drug they would have the authority to demand a DRE (Drug Recognition Expert) evaluation. The DRE evaluations are given at a police station and could include a saliva, urine or blood sample. If a driver fails to comply with a police officer’s demand, the subject would be committing a criminal offence4. 4
Q Do any of these changes imply that marijuana is not harmful?
A No. Despite whatever changes have been discussed, government representatives have stressed that “cannabis use is harmful and will remain illegal”5. Cannabis contains a psychoactive chemical called tetrahydrocannabinol (THC). THC significantly diminishes psychomotor skills and attention span. It reduces a person’s ability to perform tracking tasks like using a steering wheel and watching for pedestrians6.
Q What does this mean to me as a parent?
A Whatever the legislation, teens have to make their own decisions about the use of marijuana. They have to weigh the pluses and minuses of marijuana use based on how it affects their own health, learning, safety and feelings. As well, they need to decide whether it is worth the risk to do something that is still illegal and can result in a penalty. As a parent, you need to communicate your concerns and expectations about the use of marijuana and other drugs and discuss your expectations and values with your child. Many families share a “zero tolerance” standard concerning drinking and driving – the pending legislation concerning drug-impaired driving provides a good opportunity to discuss your family policy.
Think about it… Talk about it:
It’s important to recognize that teens learn from information and discussion. A good strategy in approaching such a controversial subject is to ask for their honest opinions and discuss both sides of the issues.
Here are some suggestions for opening up a dialogue about the changing legal issues concerning marijuana.
- What do you think influences teens’ use of marijuana the most – movies, newspaper articles, use by other teens, parent’s values and behaviour, the laws?
- What are the possible benefits of decriminalizing marijuana possession?
- What could be the possible problems of decriminalizing marijuana possession?
- Do you think more teens will use marijuana because the laws are changed? Do you think they will use it more frequently?
- Do you think more adults will use marijuana?
- Do you think drivers recognize the dangers of drug-impaired driving?
- What do you think would be most effective way to reduce drug-impaired driving?
For more information on understanding and talking to your children about marijuana, see our website at www.parentactionondrugs.org. Or call (416) 395-4970 or 1-800-265-9279 for your free copy of the InfoTopic: A Parent's Quick Reference on Marijuana and the Parent Action Pack.
Sources:
1 Bill C-17, An Act to amend the Contraventions Act and the Controlled Drugs and Substances Act and to make consequential amendments to other Acts, First Reading. November 1, 2004
2 Bill C-16, An Act to amend the Criminal Code (Impaired Driving), Canada Safety Council, June 9th 2005
3 Drugs and Driving FAQs. Canadian Centre on Substance Abuse, 2005, www.ccsa.ca
4 Government of Canada Introduces Measures to Strengthen Investigations of Drug-Impaired Driving, Department of Justice Canada, April 26th 2004 http://www.justice.gc.ca
5 Government of Canada Introduces Cannabis Reform Legislation, Press Release, Office of the Minister of Justice, Ottawa, November 1, 2004 www.parl.gc.ca
6 Drivers on Pot- Issues and Options, Canada Safety Council, July 24th 2003 www.safety-council.org
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