The Renfrew lawyer applied for a pardon when he was 19, three years after he was charged.

"I was visited by a couple of chaps from the RCMP," he recalls. They asked several questions, but were most interested in whether he was still using marijuana. He admitted he still smoked the occasional joint, and the pardon was denied.

He worried that he wouldn't be called to the bar because of his criminal record. But the law society told him that it posed no problem.

RCMP officers cut down marijuana growing near Maniwaki, Que.

Other people are concerned that a criminal record could prevent them from being bonded in the workplace. A criminal record also can give customs officers the right to refuse entry to some countries, particularly the United States.

Cooke, 49, has never had any problems crossing the Canada-U.S. border but, he says, "I've had some anxious moments."

Is it criminal?

Some 600,000 Canadians have criminal records for simple possession, according to a September report by the Senate special committee on illegal drugs. The report calls for amnesty for these people, and that marijuana be legalized and regulated like alcohol and tobacco.

In December, a special parliamentary committee on the non-medical use of drugs recommended decriminalization for possession of no more than 30 grams of marijuana "for personal use."

Thirty grams, or roughly 1½ cups of loose pot, would roll between 30 and 50 joints, says Marc-Boris St-Maurice, founder of a Montreal-based medical marijuana mail-order business.

In the courts

A rash of recent court rulings involving medical and recreational users has threatened to topple the law prohibiting possession of small amounts of marijuana. In December, the country's highest court was scheduled to hear three cases, rolled into one constitutional challenge. However, the Supreme Court of Canada hearing was postponed until later this year, when the federal government is expected to make clear its position on decriminalization.

Possession of marijuana is illegal under the Controlled Drugs and Substances Act, except for some 875 Canadians who have special authorization from Health Canada to possess and cultivate the drug for medical use.

Justice Minister Martin Cauchon favours decriminalization. He says he wants to introduce legislation this year. There is, however, a question of what decriminalization means.

Contrary to popular belief, marijuana would remain an illegal substance under decriminalization, says Eugene Oscapella, a lawyer with the Canadian Foundation for Drug Policy. And there would still be consequences for possession. "But you will not get a criminal record for it. Nor would you go to jail. It could be like a traffic offence and, if you accept the fine and pay it, you don't go to court."

Marijuana is the most commonly used illicit drug in Canada

Growing just a few plants could also be decriminalized  under the scheme.

A number of recommendations are being considered to change the law for simple possession, says federal justice department spokesman Patrick Charette.

Simple possession is a summary conviction charge and could technically lead to a jail term. In practice, this rarely happens says Michel Pelletier, national co-ordinator of the RCMP Drug Awareness Service.

Dealing with a criminal record

But anyone convicted will have a criminal record. Since 1997, people caught with small amounts of marijuana haven't been arrested or fingerprinted. There's no police mug shot or data entry on the Canada-wide police information system. A court appearance is required, but most first-time offenders avoid a trial by volunteering for community service.

That's why the Canadian Police Association, a 28,000-member federation of police unions is opposed to decriminalization, says vice president Mike Niebudek. He says the laws are already relaxed enough. "We do not understand why the minister is in such a hurry to change the law."

Niebudek also says Canada needs a drug czar, like John Walters in the U.S., to "quarterback the whole issue."

Support for existing law

On the other hand, the Canadian Association of Chiefs of Police supports decriminalization of possession and ticketing offenders, but it wants police officers to be able to ticket at their discretion - in addition to the tools they already have. This might include a summary-conviction offence, which could leave a criminal record. Pelletier, speaking for the RCMP, says he supports the police chiefs' proposal.

Other organizations, such as the Canadian Centre on Substance Abuse, recommend making simple possession a civil offence, with no criminal charge option.

"Strict ticketing is the way to go," says Michel Perron, the centre's chief executive officer. Perron, however, also is concerned about how fines will stack up against other civil offences, such as drinking beer in the park.

"Will we be telling people it's better to have cannabis than open liquor?" Clear prevention messages for youth and access to drug treatment should not be overlooked in the decriminalization debate, he says.

Looking into the crystal ball

Perron says he also wants critical evaluation of any policy change. 

"Fast forward five years. We'll be asked, 'Has there been more drug use since we've put this in?' And we'll say, 'We don't know, because we don't know what we started at.' "

Although some provinces have done youth surveys recently, the last national poll asking adults about marijuana use was in 1994.

Last fall's Senate report estimated that two million Canadians used marijuana during 2002. Clearly it's not just law enforcement agencies and policy makers who are waiting for Justice Minister Cauchon to introduce legislation to decriminalize marijuana. 

Related Links Find out more about the Senate's recommendation to legalize marijuana Read the final report of the parliamentary committee on non-medical use of drugs Some frequently asked questions about illegal drug use and the law