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Legalising Cannabis is Difficult

Don Barnard

Letters, Essex Evening Gazette

Thursday 29 Mar 2001

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LEGALISING cannabis for medicinal reasons is
problematic, (Gazette Comment 22 March).

Admittedly, Natural Cannabis based medicines
are not available because the plant is illegal
under the Misuse of Drug Act 1971. And not
approved as medicine.

Consequently, this prohibits patients growing
or possessing cannabis for personal use. It
also prevents doctors being allowed to prescribe
cannabis based medicines.

However, doctors can prescribe Cesamet (synthetic
cannabis) to treat nausea and vomiting brought on
by Cytoxic drugs?

Notwithstanding, from October 2000 when the Human
Rights Act was incorporated into UK law many of
the laws on drugs possession (there is not a
separate case for cannabis under law) have become
out dated and incompatible to the European
Convention of Human rights and Fundamental Freedoms:

Article 8:1 says: Everyone has the right to respect
for his private and family life, his home and his
correspondence.

All of the justifications in Article 8:2 can be
cited as a defence for the status quo, but it is
doubtful whether any of them will do the job. Many
of them are not relevant or, like the prevention of
crime and the economic well being of the country,
tend to favour legalisation.

Section 6 of the Act says; No public Authority shall
act in a way incompatible with the convention rights.

This means the state now has to justify it's actions
- After the offence has been established under
criminal law it must now be asked if proceeding with
it is compatible with the rights of the individual
under Human Right Law.

To any logical thinking person using 'two tiered
legal reasoning' this should be enough to illustrates the government no longer has the right to stop people cultivating or possessing cannabis for their own medication or recreational use in the privacy of their homes?

Don Barnard
Legalise Cannabis Alliance

 

 

 

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