Cannabis Law Reform in Canada: Is the "Saga of Promise, Hesitation and Retreat" Coming to an End?

• Published in: Canadian journal of criminology and criminal justice Vol. 45; no. 3; pp. 265 - 297
• Main Authors: Fischer, Benedikt, Ala-Leppilampi, Kari, Single, Eric, Robins, Amanda
• Format: Journal Article
• Language: English
• Published: 01.07.2003
• Subjects: Canada; Decriminalization; Legislation; Marijuana; Policy Reform
• ISSN: 1707-7753
• DOI: 10.3138/cjccj.45.3.265

The Canadian federal government has promised legislation that will decriminalize the simple possession of cannabis by summer 2003. This paper will first review the sociohistorical context as it pertains to the criminalization of cannabis use in Canada. Specifically, it will discuss the numerous (unsuccessful) legal & political attempts at cannabis-control reform in the past 30 years, called "the saga of promise, hesitation, & retreat" by Giffen, Endicott, & Lambert (1991: 571). It will then review some distinct forces in the current cannabis law reform debate, namely a series of high-profile court cases, patterns of public opinion, & the recommendations of two federal inquiries, all of which contribute to the momentum for reform. After summarizing the diverse landscape of cannabis-control regimes in other Western countries, this paper will examine more closely the actual options that exist for cannabis decriminalization in Canada & their possible effects & implications. Specifically, making simple cannabis possession a civil offense, as suggested, would provide for both discretionary interpretations & net-widening effects in law enforcement & would, in addition, leave the cannabis supply question unresolved. 1 Appendix, 98 References. Adapted from the source document.