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UK GOVERMENT IN DOCK OVER MARIJUANA!

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REDEYE_420

Britain’s drugs classifications and penalties are arbitrary and unlawful, according to a forthcoming High Court challenge.

A London man has been granted leave to appeal to the High Court for permission to judicially review the decision to try him for the production of cannabis.

Medical-marijuana user Edwin Stratton claims the Government’s criminalisation of cannabis does not follow the demands of the law as stated in the Misuse of Drugs Act.

The High Court judicial review will examine the government’s application of the law, based on British legal system rules that say decisions made by public officials must be procedurally fair, lawful and rational and must include relevant factors and exclude irrelevant factors.

His appeal is based on four key issues: The unequal and discriminatory application of the law to controlled and non-controlled drug users, and the maladministration of the Misuse of Drugs Act; and the right to privacy and the protection of property rights, as guaranteed to all citizens under the Human Rights Act.

Mr Stratton, who was charged in May 2008 with production of a controlled substance for his personal cannabis plants, said the Government did not understand its own legislation. While he supports the Misuse of Drugs Act itself, he is essentially challenging the Government’s misapplication of the law, by challenging the courts’ upholding of that misapplication.

And his claims are supported by the Government’s own Advisory Council for the Misuse of Drugs – the statutory body required to advise on drug laws. In a paper published in The Lancet in 2007 Professor David Nutt, chair of the ACMD, said “The current classification system has evolved in an unsystematic way from somewhat arbitrary foundations with seemingly little scientific basis.”

The Misuse of Drugs Act is not a policy for prohibition, but of protection. It covers legislation “with respect to drugs which are being or appear likely to be misused and of which the misuse is having or appears capable of having harmful effects sufficient to constitute a social problem”. And it allows for any method of control that best serves in protecting society, including healthcare, education and police intervention.

Mr Stratton says the Government is preoccupied with criminalising cannabis, while other more harmful drugs, namely alcohol and tobacco, remain legal.

And figures from both the Department of Health and Office for National Statistics back him up.

Yearly deaths attributed to tobacco average more than 100,000, alcohol averages around 60,000, while drugs (all drugs, not just cannabis) average less than 1500. When examining death certificates for causes attributed specifically to cannabis, reports state the figures are in some cases single digits, in others, zero.

Professor Nutt concurred in his Lancet paper: “The exclusion of alcohol and tobacco from the Act is, from a scientific perspective, arbitrary.”

Mr Stratton said: “The (Misuse of Drugs) Act guarantees that drugs policy must be fair, even-handed and proportionate to the actual harms each drug represents according to evidence.

“The government is arbitrarily picking and choosing the people to whom it applies the law. That is wholly unlawful.”

Mr Stratton uses cannabis to alleviate his disabling coeliac condition. It relieves his pain and nausea and increases his appetite, while also enabling him to cut his prescription medication by half.

In May 2008 police entered and searched Mr Stratton’s house when a nearby fire was feared to be spreading to neighbouring properties. His personal cannabis crop was discovered, but Mr Stratton rejected a police caution, claiming that under the Human Rights Act the denial of his right to grow and possess was discriminatory, and a violation of his privacy and property rights. He was then charged with the production of a controlled drug. But when he appeared at the Waltham Forest Magistrates Court he declined to plead, and moved to quash the indictment on the basis it was an abuse of process. The magistrate agreed to adjourn proceedings and gave Mr Stratton leave to apply to the High Court for judicial review of the decision to prosecute.

“I’m calling for my prosecution to be forbidden and my indictment to be thrown out, because if the Government doesn’t consider alcohol and tobacco to be productive of social problems sufficient to warrant custody for those involved in property activities (possession) of those drugs, the Government has no cause to lock up those who possess less harmful drugs,” Mr Stratton said.

“I’m not calling for alcohol to be outlawed, but for users of less harmful drugs to be granted equal human rights to those enjoyed by users of alcohol.”

The judicial review, currently in a queue waiting to be heard, has potentially wide-reaching consequences, including setting a precedent that says cannabis criminalisation is unlawful and providing a basis for appeal on cannabis-related convictions.

“All I want is not to be tried, and to have my property and growing equipment returned,” Mr Stratton said.

“Of course, the ramifications are the important thing – if the High Court finds that I cannot be tried for growing cannabis, the floodgates may open.”

Darryl Bickler, a non-practicing solicitor and founding member of the Drug Equality Alliance, said Mr Stratton’s case and argument were strong.

“This case is unique. Frankly, I think it is perfectly timed, and entirely true, so if the courts do their stuff, then it will succeed,” he said.

The Home Office refused to comment on Mr Stratton’s judicial review, or the potential consequences it poses, until the High Court has handed down its ruling.

By Amy Freeborn

www.thefreeborntimes.com
 
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REDEYE_420

EDWIN STRATTON-PODCAST LISTEN.....

EDWIN STRATTON-PODCAST LISTEN.....

OK if your lazy and cant be arsed to read the above text then you can listen to the infomation straight from the horses mouth at this site: http://www.drugequality.org/
Just press play on the media player thingy.

If you want to educate yourself even further in the Laws surrounding yourself and Marijuna then heres the link for Edwin Strattons case notes:
http://www.drugequality.org/files/stratton.pdf

Hope this post reaches somebody in the UK ifit does pass it on to all you know who have anything to do with GANJA!

Peace.
 
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REDEYE_420

Cheers dude check the podcast-its soooo cool lol!
Spread the word to all you know Doodah (Also ive posted a post about Jury Nullification,check that if you got a spare minute)

Peace.
 

VerdantGreen

Genetics Facilitator
Boutique Breeder
Mentor
ICMag Donor
Veteran
awesome - my utmost respects to the guy for standing up for himself and giving some hope for all UK heads who are cultivating for their own use.

ill check out those links now
 

GMT

The Tri Guy
Veteran
fascinating, great post, lets hope he succeeds. Odds are though his case will be dismissed and wont get a chance to be tried in case he wins
 
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REDEYE_420

Gotta keep on hoping and trying though GMT other wise the goverment will fuck us over at every turn. Edwin is still at the court stage in England-he has a couple of appeals left here,after that he gets to take it to the EUROPEAN COURT OF HUMAN RIGHTS-thats when they start playing hardball about the HUMAN/MIS-USE OF DRUGS ACT.

You know that VerdantGreen,i got hold of this topic and i was like "WOW!". Im following the subject avidly-this could open up the floodgates as the same defence can be argued whether it be for Medical Marijuana(Edwins case) or Recreational Marijuana!

Peace.
 
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REDEYE_420

I hope so jamrockjay! Be nice if all goes well-be able to grow and chong and not have to feel like a fuckin criminal! Technically im already a criminal as ive been found guilty of Marijuana Cultivation,be nice if they could overturn that too lol! Spread the story round your pals too if you think theyll be interested.

Peace!
 

MyAssIsGrass

?_?
Veteran
Good, it's about time someone got in their face over the hypocracy that it's perfectly legal to buy drugs from government-sponsored drug dealers even though they are much more harmful

I'm sick of all these token gestures like hiding cigarettes under the counter and taking the colours off the packets to try and reduce smoking, why not make them a class A/B drug and illegal for sale? I already know why, the overlords would lose too much tax money if they stopped being drug dealers
 
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REDEYE_420

has anything been published about court dates?

Ive sent him a message asking him when it is-when i hear of him ill post it up

Good, it's about time someone got in their face over the hypocracy that it's perfectly legal to buy drugs from government-sponsored drug dealers even though they are much more harmful

I'm sick of all these token gestures like hiding cigarettes under the counter and taking the colours off the packets to try and reduce smoking, why not make them a class A/B drug and illegal for sale? I already know why, the overlords would lose too much tax money if they stopped being drug dealers

You know that-FUCK the goverment up with their own tools!!
Spread the word!
 

Pops

Resident pissy old man
Veteran
Here in California, I pay about $37 for a carton of the cheapest generic cigarettes. About $11 is state and local tax and over $8 is federal tax. The government actually gets 3x what the manufacturer gets. I don't believe that any other product in the USA is as heavily taxed. Tobacco kills about 400,000 per year in the U.S. The governments(fed and state) don't mind as long as they get plenty of tax money. Cannabis does not kill anyone, but it is untaxed. Therefore,it is illegal. I hope you Brits get a good ruling out of this. It will be a bright ray of sunshine for the whole world!
 
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REDEYE_420

Takes the piss doesnt it Pops,the goverment could make serious cash from ganja and make plenty of people happy at the same time!
WHERE THERES A WILL THERES A WAY!

Peace.
 

EddieShoestring

Florist
Veteran
thanks for posting this Redeye-it is obviously important to challenge some of the more 'arbitary' (for arbitary read unjust/silly) aspects of the Misuse of Drugs Act.
 
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cork144

This could very well be one of the hammer hits needed to actually get change in the uk, Just have to hope they bring MMJ to the brits who need it.
 

Barf

Member
nice fucking read

nice fucking read

I myself have celiac disease (coeliac in Europe) and can attest that pot helps tremendously. Pre-pot , and yes i do remember those 6 years ago I was throwing up 50x a day. Now i throw up maybe once a week. pot is a miracle drug stop the persecution.
 
eddie's a f'king hero. end of.

The best chance the UK has had of ending the stupidity of prohibition yet. It's still a very small chance, i think the judge is going to say "piss off" and do him, but this argument is the best we've had yet - the fact that the government is acting unlawfully and in a discriminatory manner under the terms of its own law.

if his argument fails, tbh we might as well give up.. they said "no sympathy" with the medical argument, this challenge about exhausts possibilities for us.. Hopefully the ECHR will back ed when our court system fails to do justice once more.
 
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