The police should now admit that it is immoral for them to enforce the Controlled Drugs and Substances Act (CDSA) as it pertains to marijuana. Laws must be justified on some moral basis in order for them to be supported by the public. Without support, our police lose the moral authority to enforce cannabis laws.
Over 70% of British Columbians support research to evaluate the regulation of cannabis (from an Angus Reid poll conducted earlier this month). This measure of public opinion is consistent a similar poll conducted in the fall of 2012 which indicated that a majority of Canadians (57%) are ready to see marijuana legalized.
The law enforcement community influences Canadian’s perceptions about the evils of marijuana, richly sprinkled with war metaphors, the portrayal of cannabis producers and smokers as deviants, and the resultant chaos should the public contemplate legally tolerant alternatives.
One of the challenges for the police is to convince those of us (especially parents) who lived through the 70s and 80s that today’s pot is “more harmful”. They frequently tell us that the active ingredient in marijuana (THC) is found in higher concentrations when grown under the tender care of hydroponic lights. There’s at least two problems with this claim.
First, the insistence that higher THC concentrations makes marijuana dangerous is like arguing that whiskey is more dangerous than beer because it contains proportionately more alcohol. Cannabis users will smoke less to enjoy the same effects – just like those of us who drink a smaller quantity of Scotch than wine but still achieve the same cognitive pleasures.
It’s a tragic irony that more Canadians have died or been injured from the enforcement of marijuana laws, than from any harms caused by the herb itself. The sporadic gun violence in Lower Mainland streets is the direct consequence of criminalizing a product which the public demands in a marketplace where the government has surrendered its controlling shares to the business of criminal organizations.
Secondly, the harms created by cannabis are the result of its legal status , not its pharmacological properties which, for most users, are relatively benign according to the research examined by our own Senate Special Committee on Illegal Drugs in 2002. Any negative effects associated with cannabis can be mediated, according to a recent 2011 article in the Canadian Journal of Public Health by researchers with Centre for Applied Research in Mental Health and Addiction at Simon Fraser University.
The law creates opportunities for a black market and endangers the lives of citizens and police. The law is wrong. The law itself must be seen as criminal because of its consequences and must not be enforced by the police.
To have impact on cannabis markets, Parliament must regulate the domestic cultivation of marijuana so that the incentive for organized crime evaporates, except perhaps for a black market to supply smokers south of the 49th Parallel (except in those states which have already legalized cannabis).
The morally preferable alternative to the current failure of our so called “drug war” would be for police to take a bold stand like that of RCMP Commissioner Aylesworth Bowen Perry during Prohibition in 1917.
“No instruction whatsoever has been issued by me in regard to [enforcing prohibition],” he reminded his senior officers in Alberta. Unless otherwise notified, Perry told them unequivocally, prohibition “is not to be enforced by the Mounted Police”.
Declaring alcohol prohibition “unenforceable”, Commissioner Perry subsequently cancelled RCMP contracts to Alberta and Saskatchewan.
It’s unlikely that the same pronouncements about the abject failure of our drug laws will be heard from senior police officers anytime soon. Their interest is in advancing their careers and prestige in a police subculture where “takedowns” and “busting grow shows” get more kudos than informed political activism within the ranks. Consequently, we must elect politicians who promise to put an end to the violence associated with the unregulated distribution of cannabis.
According to the latest Angus Reid poll on the topic, 44% of respondents will have more favourable opinions of BC politicians who support “an ethically approved research study seeking to evaluate the impacts of a taxation (i.e., legalization) and regulation strategy to control adult cannabis use”.
Politicians can give back to the police some of their moral authority by not requiring them to enforce laws which cause far more harm than good.
It’s what we the people expect from you.
 The question went as follows:
Preamble. Many U.S. states are reforming their marijuana laws including Washington state, which has legalized the adult use of marijuana. British Columbia has experienced major unintended consequences resulting from marijuana prohibition including the proliferation of illegal marijuana grow ops and related organized crime concerns. Researchers in B.C. are interested to conduct a research trial to assess if a strictly regulated (i.e. legal) system for adult marijuana purchases could cut profits to organized crime, raise tax revenue and better protect young people from the free availability of marijuana that exists under prohibition. The study would be ethically and federally approved, involve a pilot site in one community, require key stakeholder support and be halted if unanticipated harms emerged.
Question 1. Do you support or oppose a B.C.research trial conducted by local experts and health scientists aiming to evaluate whether the taxation (i.e., legalization) and strict regulation of adult marijuana use could reduce profits to organized crime, raise tax revenue and better protect young people from the availability of marijuana that exists under prohibition?
 Rich Mole, Whisky Wars of the Canadian West: Fifty Years of Battles Against the Bottle, Heritage House, 2012, p. 78.