Madam Speaker, the hon. member has expressed concern, and I have heard that in committee as well, about the alleged mixed messages being given to young people by the so-called decriminalization of marijuana possession.
Naturally, when the government made its cannabis reforms public in Bill C-38, decriminalization was used by the media to describe the effect of the bill, but in fact the bill maintains possession as a criminal offence.
As members know, Bill C-38 substitutes an alternative measure, ticketing under the Contraventions Act, as the procedure for enforcing the ban on possession in all cases where the amount involved is not more than 15 grams and as an alternative to a criminal charge when the amount involved is between 15 and 30 grams.
As the legislative summary of Bill C-38 points out, “depenalization” is probably the term that best describes what Bill C-38 proposes since it removes a custodial sentence as a means of enforcing the law.
Bill C-38 provides for a fine of $100 for youth where the amount involved is 15 grams or less and where there are aggravating circumstances, including possession in or near a school, a young person will get a fine of $250. The fine is $200 when the amount is between 15 and 30 grams but a police officer also has the discretion to lay a criminal charge in that case.
Witness after witness at the special committee's original hearings, and I was a member of that committee, and at the hearings into Bill C-38 agreed that the present regime was not working.
Marijuana use, particularly by young people, has been increasing steadily. Very often the police do not even bother laying a charge. The cost and the time involved in laying a charge and bringing the matter to court are all out of proportion to a penalty that is likely to be imposed by the court. We believe the new ticketing scheme will lead to more enforcement of the law.
We recognize the communications challenges to make young people understand that there are serious consequences to using marijuana; serious health consequences and serious legal consequences. However, the government has provided $245 million for the renewal of the national drug strategy. A key component of the strategy will be tailoring a message to young people on the dangers of substance abuse, including the use of marijuana.
The member has asked whether the intent of Bill C-38 is to help criminal organizations increase their market share. The special committee was concerned that the potential $5,000 fine and even imprisonment for cultivation of one to three plants could lead to small producers deciding not to take the risk and instead buying on the black market.
That concern was addressed in the amendments made to the bill by the committee last night. It is now proposed that the cultivation of up to three plants would be a ticketed offence with a fine of $500 for adults and $250 for youth. Again, we are maintaining the core message that cultivation of marijuana is illegal while allowing an alternative to the criminal process when the amount involved is relatively minor.