Everybody May Get Stoned

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Posted By: David Shulman January 2, 2009

1392122297_a6a94fb548_mA marijuana decriminalization law goes into effect today in the state of Massachusetts. The law, approved by voters in a November referendum, makes possession of one ounce or less of marijuana legal, though subject to a $100 fine.

Minors caught with one ounce or less of marijuana must pay the fine and attend a drug abuse counseling course, or have the fine increased to $1,000.

In Canada, marijuana is classified as a “controlled substance” under the federal Controlled Drugs and Substances Act. The Act makes possession of marijuana a criminal law offence. However, since 2000, a series of court decisions in Ontario have invalidated (and then validated) the prohbition of marijuana based on the insufficiency of the exemptions provided for legitimate medical users of the drug. Despite these rulings, prosecutors can still pursue charges against marijuana users. Furthermore, the Act will likely continue to be modified in an effort to conform to constitutional requirements found by the courts. As the Act changes, it’s uncertain if the courts will continue the trend towards decriminalization.

Lastly, while the majority of Canadians support the legalization of marijuana, the newly elected minority government of Canada campaigned on a “National Anti-Drug Strategy,” which considers marijuana possession illegal and includes a much more restrictive law with higher minimum penalties.

About the Author

David Shulman
David Shulman holds a B.A.(hons.) from Queen’s University, having majored in Philosophy and minored in History. There, he founded, and was the editor-in-chief of, a successful student academic magazine called Syndicus. The magazine still publishes regularly, and has interviewed such intellectually and socially noteworthy individuals as Noam Chomsky, Arthur Erickson, and Peter Mansbridge. At present, he occasionally advises the current editors. David also holds an M.A. from École des Hautes Études en Sciences Sociales (EHESS), with a specialization in Analytic Philosophy (“PHILMASTER”). His studies and thesis focused on Philosophy of Language and Logic. He is currently a first-year law student at the University of Windsor. His interests include social justice, analytic philosophy, French language, politics, reading, writing, editing, squash, and paintballing.

2 Comments on "Everybody May Get Stoned"

  1. Yappa | January 2, 2009 at 9:32 pm |

    This is an enormously important issue. I don’t take any non-prescription medication or even drink much, but the human toll from soft drug laws is barbaric. No-one should go to jail and have their life ruined because of marijuana possession. Thanks for the update.

  2. Lawrence Gridin | January 3, 2009 at 5:15 pm |

    The Boston Globe today, after reporting on the first ticket to be laid under the new law, reports that:

    Many police departments across the state told the Globe Friday that that they would ignore the law, not even bothering to ticket people who were smoking marijuana. One chief said the law is so poorly written it cannot be enforced.

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