NCJ Number
52720
Date Published
1978
Length
25 pages
Annotation
THE IMPLEMENTATION OF THE CANADIAN MARIHUANA LAW IS EXAMINED. IT IS POINTED OUT THAT DECRIMINALIZATION WAS INTENDED BUT THAT THESE PROVISIONS ARE SELDOM USED BY PROSECUTORS. THE EFFECT ON MARIHUANA USE IS DISCUSSED.
Abstract
IN 1969 THE CANADIAN NARCOTICS CONTROL ACT WAS CHANGED TO ALLOW PROSECUTORS TO HANDLE POSSESSIONS OF SMALL AMOUNTS OF MARIHUANA AS A SUMMARY OFFENSE, WHICH IS COMPARABLE TO A MISDEMEANOR CHARGE IN THE UNITED STATES. THIS STUDY FINDS THAT PROSECUTORS HAVE TENDED NOT TO USE THIS PROVISION OF THE LAW, AND THAT THE MORE SEVERE PENALTIES ARE NOT LIKELY TO DETER MARIHUANA USE. DATA WERE GATHERED THROUGH FOLLOWUP INTERVIEWS OF 91 PERSONS WHO RECEIVED CRIMINAL SENTENCES OR FINES FOR MARIHUANA POSSESSION OR USE. THE DETERRENCE HYPOTHESIS THAT THE GREATER THE PERCEIVED CERTAINTY OF PUNISHMENT, THE LESS LIKELIHOOD OF LAWBREAKING IS CONTRADICTED BY THIS SURVEY. WHILE ONLY 17 PERSONS PERCEIVED A HIGH RISK OF REARREST, 76.5 PERCENT OF THIS GROUP EXPRESSED A HIGH LIKELIHOOD OF CONTINUING CANNABIS USE. IN CONTRAST, 25 PERCENT OF THOSE WHO PERCEIVED THE LOWEST CERTAINTY OF ARREST ALSO HAD THE LOWEST LIKELIHOOD OF CONTINUING USE. HIGH PERCEPTION OF ARREST, HIGH INTENTION OF CONTINUED USE, AND LOW DETERRENCE WERE ASSOCIATED WITH AGE AT FIRST USE AND FREQUENCY OF USE. PERSONS WHO START USING MARIHUANA AT AGES 14 TO 16 ARE MOST LIKELY TO CONTINUE AND ARE MOST LIKELY TO BE A HEAVY USER (MORE THAN THREE TIMES A WEEK). IT IS SUGGESTED THAT HEAVY MARIHUANA PENALTIES FAIL TO DETER YOUNG PERSONS, THOSE SOCIETY MOST WISHES TO REACH. THE GENERAL THEORY OF DETERRENCE IS DISCUSSED. TABLES DOCUMENT STUDY DATA. REFERENCES ARE APPENDED. (GLR)