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The Twentieth Century Marihuana Phenomenon in Canada

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THE TWENTIETH CENTURY MARIHUANA PHENOMENON IN CANADA by CLAYTON JAMES MOSHER B.A. University of Toronto 1983 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF - MASTER OF ARTS in the School of Criminology @ Clayton James Mosher 1986 SIMON FRASER UNIVERSITY December 1985 All rights reserved. This work may not be reproduced in whole or in part, by photocopy or other means, without permission of the author. APPROVAL Name: Clayton James Mosher Degree: Master of Arts (Criminology) Title of Thesis: The Twentieth Century Marihuana Phenomenon in Canada. Examining Committee: Chairman: F. Douglas Cousineau Asso.ciate Professor, Criminology I, ' , Neil Boyd Senior Supervisor Associate Professor, Criminology Jo E;"""&dor&riminologysistan - T.S. Palys Associate Profes r, Criminology 11.T Bruce K. Alexander External Examiner Professor, Psychology Date PARTIAL COPYRIGHT LICENSE I hereby grant to Simon Fraser University the right to lend my thesis, project or extended essay (the title of which is shown below) to users of the Simon Fraser University Library, and to make partial or single copies only for such users or in raspsnse to a request from the library of any other university, or other educational institution, on its own behalf or for one of its users. I further agree that permission for multiple copying of this work for scholarly purposes may be granted by me or the Dean of Graduate Studies. It is understood that copying or publication of this work for financial gain shall not be allowed without my written permission. Title of Thesi s/Project/Extended Essay The Twentieth Century Marihuana Phenomenon Author: - Clayton James Mosher ( name December 12, 1985 (date) ABSTRACT This thesis traces the social and legal history of marihuana from the implementation of the first narcotics legislation in Canada to the present. An examination of the parliamentary debates surrounding the passage of the first narcotics legislation reveals that although the laws were directed at a socially inferior group, there was very little conflict involved in their enactment. The dominant members of Canadian society were able to impose their definition of the dangers of drug use to facilitate the passage of narcotics legislation, facilitating control of the immigrant Chinese. The thesis includes a content analysis of periodical literature and newspaper articles dealing with the marihuana issue. It is clear that what limited use of marihuana existed in the early part of this century was restricted to 'marginal' social classes. Marihuana was a 'killer weed' that turned its users into violent criminals. In the mid 1960'~~marihuana use expanded rapidly, spreading, in particular, to middle-class youth. As the pattern of marihuana use changed, the moral and - C .. legal conceptions of the drug were altered as well. There was no longer a consensus on the dangers of the drug or the legitimacy of the criminal sanction against it. The thesis also examines marihuana conviction statistics from 1956 to 1983. This analysis reveals that there have been substantial disparities in the treatment of offenders under the iii ~arcoticControl -Act by province, age/sex and type of drug. Given that from 1981 to 1983 over 5,000 individuals have been incarcerated for simple possession of marihuana, there is value in exploring alternative legal responses to the substance. - ~t is suggested that a fine only sanction for possession of marihuana would be a politically expedient response to this current Canadian dilemma. ACKNOWLEDGEMENTS The author wishes to acknowledge several people who were of assistance in the completion of this document. Senior Supervisor Neil Boyd and Committee Members Dr. John Lowman and Dr. Ted Palys are to be thanked for always having open doors, their guidance and patience, and their intellectual stimula tion in assisting me through this endeavour. Aileen Sams was always willing to provide answers to the seemingly unsolvable bureaucratic problems that confront graduate students. David MacAlister1s assistance in coding articles (with no remuneration) for the reliability check of the content analysis scheme was greatly appreciated. I would also like to thank Rob Gordon and Lynda Fletcher- Gordon and the people at purpose for providing me with a break. from it all, and helping to furnish the hardware to produce the thesis. Finally, I would like to thank all the members of my family, whose moral support and inspiration were instrumental in the completion of the thesis. TABLE OF CONTENTS PAGE NUMBER *Approval Page ~bstract iii ~cknowledgements v Table of Contents vi List of Tables viii List of Figures X CHAPTER I INTRODUCTION CHAPTER I1 EARLY NARCOTICS LEGISLATION IN CANADA CHAPTER I11 MARIHUANA IN CANADA - THE EARLY YEARS CHAPTER IV CONTENT ANALYSIS - THE EARLY YEARS Methodology of Content Analysis 1935-1939 ' The 1940s and 1950s CHAPTER V CONTENT ANALYSIS - 1961-1980 Effects of Marihuana 1961-1972 1973-1980 CHAPTER VI MARIHUANA CONVICTION STATISTICS: CONSTRUCTING MEANING FROM DATA Theoretical Perspectives on Criminal Statistics Preface to An Interpretation of the Statistics Marihuana Conviction Statistics Age/Sex CHAPTER VII PROSECUTORIAL AND JUDICIAL DISCRETION 121 WITH DRUG OFFENCES ~rosecutorialDiscretion 121 Judicial Discretion 131 Trafficking CHAPTER VILI THE NEED FOR LEGAL CHANGE 159 APPENDIX A METHODOLOGICAL APPENDIX Coding Scheme APPENDIX B TABLES BIBLIOGRAPHY vii LIST OF TABLES TABLE PAGE NUMBER 1 Articles Referenced to Selected Psychoactive substances in the Reader's Guide -to Periodical 178 Literature 1900-1980 2 content Analysis Results (Triggers, Points of 179 View and Using Groups) 3 Content Analysis Results (Effects and Proposed 180 Changes in the Law) 4 Content Analysis Results (Users by Point of 181 View 5 content Analysis Results (Effects by Point of 182-183 View) 6 Content Analysis Results (Proposed Legal Change 184-185 by Point of View) 7 Convictions for Cannabis and Other Selected 186 Psychoactive Substances in Canada 1956-1983 8 Convictions for.Cannabis Under the Narcotic 187 Control -Act by Province 1956-1983 9 Percentage Increases in Marihuana Convictions 188 Per Year by Province 1965-1983 10 Conviction Rates Per 100,000 Population for 189 Marihuana by Province 1967-1982 11 Convictions Under the Narcotic Control Act by Age/Sex 1956-1983 12 Convictions Under the Narcotic Control Act by Drug and Section 1969-1983 - 13 Conviction Rates Per 100,000 Population Under the Narcotic Control ~ct-by ~~e/~exGroup 1969-1983 (Selected years) 14 Disposition of Charges Under the Narcotic 193 Control -Act 1976-1983 15 Disposition of Charges Under the Narcotic 194 Control -Act by Section 1976-1983 16 Disposition of Charges Under the Narcotic 195 Control -Act by Drug 1976-1983 viii is position of Charges Under the Narcotic Control && by Age/Sex 1976-1983 sentencing Trends for Simple Possesssion of selected Substances Under the Narcotic 197 Control -Act 1969-1 983 Sentence by Province for all Convictions 198 Under the Narcotic Control -Act 1969 and 1973 Sentence by Province for all Convictions 199 Under the Narcotic Control -Act 1977 and 1980 Sentence by Province for all Convictions 200 Under the Narcotic Control -Act 1981 and 1983 is position of Charges Under the Narcotic Control Act 1961-1983 Sentence for Cannabis and Cocaine Convictions 202 by Age/Sex 1977 Sentence for Cannabis and Cocaine Convictions 203 by Age/Sex 1980 Sentence for Cannabis and Cocaine Convictions 204 by Age/Sex 1983 Comparison of Length of Incarceration for 205 Marihuana and Heroin Of fences 1973-1983 Sentencing Trends for Trafficking and Possession for the Purpose of Trafficking - Marihuana 20 6 1968-1983 Sentencing Trends for Trafficking and Possession for the Purpose of Trafficking - Beroin and 207 Cocaine 1069-1983 LIST OF FIGURES FIGURE PAGE NUMBER 1 Convictions for Selected Psychoactive Substances 1960-1983 2 Convictions Under the Narcotic Control -Act by Age 1960-1983 3 Disposition of Charges Under the Narcotic 124 Control -Act by Province 1983 4 Disposition of Charges Under the Narcotic 126 Control -Act by Section 1983 5 Disposition of Charges Under the Narcotic Control -Act by Drug 1983 6 Disposition of Charges Under the Narcotic 129 Control -Act by Age/Sex 1983 7 Sentencing Trends for Simple Possession of 137 Cannabis 1969-1983 CHAPTER I INTRODUCTION According to virtually every study conducted on the subject, marihuana is by far the most commonly tried or used J illegal drug in every population, social group, community or milieu in Canada. This fact is true regardless of whether one examines the college or the slum, urban settings or rural areas, men or women, rich or poor. By 1983, more than 300,000 Canadians, about 85% of whom were under 25 years of age, had been photographed and fingerprinted for simple possession of marihuana (Bureau of Dangerous Drugs, Health Protection Branch, Department of National Health and Welfare, Canada). When one considers the fact that it is estimated that there is one detected offence to several hundred thousand undetected incidents of marihuana use (Goode, 1972) it is not difficult to question the effectiveness of Canada's current laws in their ability to deter and detect the incidence of marihuana possession. This thesis will be concerned with tracing the social and legal history of marihuana from the passing of the first narcotics legislation in Canada, to the present. The various changes in laws prohibiting the substance, along with th'e public attitudes towards it, will be examined. Through a content analysis of the periodical literature on the subject of marihuana it will be shown how different rationales have been employed historically to ~ustifythe existence of marihuana laws in Canada. I rt is apparent that what limited use of the drug existed in the early part of this century was restricted to 'marginal' social classes. However, when use became popular among middle class youth in the 1960'~~the perceptions of the drug changed, and legislation was altered to allow for less severe penalties in some cases.
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