The Marijuana Timeline

BY GLADYS POLLACK

In Canada it is estimated that between 100,000 and 325,000 Canadians use marijuana on a daily basis. In 2001 there were 71,624 cannabis-related offences: 70 percent were for possession; 16 percent were for trafficking; 13 percent for cultivation; and one percent for importation.

In the 1996-97 fiscal year, 64 percent of persons convicted of drug trafficking were sentenced to imprisonment, with the median sentence being about four months. [In 2001 Canadian law-enforcement agencies seized close to 1.4 million marijuana plants. Current production of marijuana in Canada is estimated at about 800 tonnes.]

For possession, a fine was imposed in 63 percent of the cases, with the median amount being $200. In 35 percent of the cases, probation or imprisonment was imposed.

Key Dates relating to Cannabis Legislation in Canada

1923: Cannabis is added to the schedule of the Opium and Narcotic Drug Act,

1938: Production of cannabis is prohibited

1961: Simple possession and production becomes an indictable or criminal offence.

1972: The LeDain Commission Report recommends that the prohibition against simple possession of cannabis be repealed.

1974: Bill S-19 proposes that possession of cannabis become a summary conviction or a less serious criminal offence. The bill is not passed by Parliament.

1996: Simple possession of small amounts of cannabis becomes a summary conviction offence, which means you are eligible for a pardon three years after you have completed your sentence.

May 2003: Bill C-38, an act to amend the Contraventions and Controlled Drugs and Substances Act, is introduced into the House of Commons. The act is commonly referred to as “marijuana legislation.” The key elements of the bill were the decriminalization of the possession of small and intermediate amounts of cannabis. (The bill died on the order paper.)

February 12, 2004: Federal Minister of Justice Irwin Cotler announces the reinstatement of proposed legislation in the House of Commons that would provide alternative penalties and procedures for possession of small amounts of cannabis and impose tougher punishment on large-scale growing operations. Possession of marijuana would remain illegal but would not result in a criminal record where small amounts are involved. Fines and/or probation would likely be applied.

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