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Why Does it Happen in British Columbia?
Although current federal initiatives to decriminalize
the possession of small quantities
of marijuana may change the traditional
location of marijuana production, one of the enduring,
frequently-asked questions is why it is
that marijuana cultivation and consumption have
traditionally taken place more openly in BC than
elsewhere in Canada. Is it British Columbia’s indoor
climate? What is different on the Coast? 38
Although there is no simple answer to such a
question, several statistical observations may
bear on the issue. One outstanding statistic is that
possession incidents are not “cleared by charge”
as frequently in British Columbia as they are in
Canada’s other provinces. 39 Although there are
differences between BC and the rest of Canada for
charges with respect to other drugs, the difference
is greatest with respect to marijuana. Second,
a look at the pattern of arrests and penalties
facing marijuana growers in Vancouver also
gives a sense of the consequences for (some) marijuana
growers.
Table 9 reports drug incidents and charges for
2001. Only 13 percent of possession offences in
BC are cleared by charge. Elsewhere in Canada
over 60 percent of possession offences are cleared
by charge. Even though BC has nearly twice as
many offences relative to population as the rest of
Canada, clearing by charge is one-fifth of that
elsewhere in Canada. The reasons for such a pattern
may depend upon the courts, the prosecutors,
or the police, but it is surely indicative of a
difference in perspective at some level in the enforcement
of the law. 40
Is clearing by charge the relevant data for explaining
the size of the British Columbia marijuana industry?
Are fines lower here than elsewhere?
Probably not, but why this industry has been so
successful in British Columbia and less so elsewhere
remains a topic of serious interest. In that
spirit, the next section considers the effect of being
caught (“busted”) in a marijuana grow-operation.
Although I do not have comparative data on
those caught for growing marijuana elsewhere in
Canada, the kinds of punishments in British Columbia
are consistent with a marginal level of deterrence.
What happens to
marijuana growers?
Appendix BCUC IR1 74.1
Local conditions in British Columbia obviously
play a role in the production of marijuana. If British
Columbians really are producing the massive
quantities of the drug that I have suggested, is-
38 Recent high-profile police busts in Ontario and Quebec make it clear that marijuana growing is no longer unique to British
Columbia.
39 Actually, BC is far less likely to clear offences by charge than the rest of Canada for almost any drug possession offence.
“Clearing by charge” means that a file is sent to Crown prosecutors for action on a criminal charge. Files can be closed in
other ways if, for example, the person the police believe committed the crime has died or is being charged with a more serious
offence on another charge.
40 The observation that BC does not often charge for marijuana possession (nor, for that matter, other drug possession), and yet
the province has a particularly potent marijuana crop is a puzzle. Theory would suggest that if enforcement is very enthusiastic,
then the crops would be small and of high potency. A less strict criminal enforcement environment would be expected
to produce crops that are less strong and less intensively cultivated. BC appears to be the opposite.
Marijuana Growth in British Columbia 22 The Fraser Institute