Canada: Mandatory Minimum Bill for Pot Growing Dies Sudden Death When Prime Minister Shuts Down Parliament

In a political maneuver designed to shield his embattled Conservative government from criticism during the upcoming Winter Olympics in Vancouver, Canadian Prime Minister Stephen Harper Wednesday "prorogued," or shut down, parliament until a new session begins in March. The move kills all pending legislation, including a Tory "tough on crime" bill, C-15, that included mandatory minimum nine-month prison sentences for growing as much as a single marijuana plant. Prorouging parliament is not a routine move, but this is the second time Harper has done it in a year. Last December, he did it to head off a looming vote of no-confidence, with a coalition of New Democrats, Liberals, and Bloc Quebecois looking to replace his Conservative government. Now, he says he is doing it to introduce a new budget, but the maneuver also kills all parliamentary committees, including one looking into allegations Canadian soldiers in Afghanistan turned detainees over to Afghan authorities who abused them. That inquiry has raised embarrassing questions about Canada's policies in Afghanistan. To the relief of drug reform advocates and Canada's cannabis culture, the move kills a bill that was very harsh and very near to passage. Under the provisions of C-15 as passed by the House, people growing between one and 200 marijuana plants faced a minimum of six months if the "offense is committed for the purpose of trafficking." That would rise to nine months if it were a rental property, if children were endangered, or if the grow presented a public safety threat, i.e. was stealing electricity. The bill mandated a one-year minimum for between 201 and 500 plants or for producing hashish and two years for more than 500 plants. It also had one-year minimums for importing or exporting marijuana and for trafficking more than three kilograms if it was for the benefit of "organized crime," there was threat or use of violence or weapons, or if the offender had a serious previous drug offense. The trafficking minimum jumped to two years if it occurred in a prison, if the trafficking was to a minor, or if it was "in or near a school, in or near an area normally frequented by youth or in the presence of youth." The bill had been amended earlier this month by the Senate Constitutional Affairs and Legal Committee to remove the mandatory minimum provisions for under 201 plants, but only if the grows were not in residential areas and owned by the grower. That meant anyone growing in a residential neighborhood or in a rental property still faced a nine-month minimum, limiting relief to rural home-owners. The bill awaited only a final vote in the Senate. Now, Harper has sacrificed it on the altar of his political calculations. But like a vampire, C-15 is likely to rise from the grave. It has been a central plank in Harper's appeals to his law-and-order constituencies, and his government is almost certain to reintroduce it when the new session begins in March, or after he calls snap elections, which the Conservatives seem well-positioned to win as their main rivals, the Liberals, flounder. Don't put away those wooden stakes just yet.