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UK: Why didn't the police charge this pot-smoker?

Evening News and Star, Carlisle

Saturday 17 Feb 2001

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Source: Evening News and Star, Carlisle
Date: Saturday, 17 February 2001
Subj: Why didn't the police charge this pot-smoker?



WHY DIDN'T THE POLICE CHARGE THIS POT-SMOKER?

A Cumbrian campaigning to legalise cannabis who freely admitted smoking the
drug in a national newspaper is unlikely to be prosecuted.

Mark Gibson, a prospective parliamentary candidate for the Legalise
Cannabis Alliance for Penrith and the Border, was pictured smoking the drug.

He appeared to be goading the police into arresting him by saying: "If the
police want to arrest me they can but they don't pay any attention to me
anymore."

But despite his frank admission Mr Gibson, of Alston, is unlikely to face
any charges.

A spokesman for Cumbria Constabulary said: "We generally concentrate on
suppliers rather than users. But if someone is committing an offence and
seen to commit an offence, we would take action against them."

The spokesman added that police wouldn't bring a prosecution on the
strength of a newspaper article.

Mr Gibson, a recreational cannabis smoker, said he was misrepresented in
the article in The Observer.

"I'm certainly not goading the police to come and arrest me," he said.

"It's common knowledge that I smoke cannabis. It is at their discretion and
if they want to come and arrest me they can. But I certainly wouldn't want
them to come to my door and arrest me.

"I am not inciting anybody to break the law. It's down to personal choice.

"I think that if somebody is doing something in their own home and it isn't
harming anyone there is no reason why not."

He added that he wasn't worried by the publication of the picture, a
partially out-of-focus shot showing him smoking a reefer.

Mr Gibson's wife Lezley hit the headlines last year when she was cleared of
a charge of possession of cannabis after a jury found she was entitled to
use the drug to help ease the symptoms of multiple sclerosis.

Like his wife, Mr Gibson would be willing to fight any charges brought
against him for cannabis use.

"I would not be willing to plead guilty," he said. "I would fight to the
bitter end for my beliefs."

Across the country the police and Crown Prosecution Service are becoming
increasingly unwilling to prosecute for the possession of cannabis.

Last year, in an exclusive interview with the News & Star and The
Cumberland News, Cumbria's Chief Constable Colin Phillips said he would not
do anything if he was at a friend's house and someone lit up a joint.

Juries often acquit users such as Lezley Gibson who use the drug for pain
relief. and many first-time users escape with a caution.

But some activists are playing the law at its own game and pushing to be
prosecuted to allow them to plead their innocence under the new Human
Rights Act.

There are at least half a dozen court cases around the country where
activists have refused cautions and deliberately admitted using the drug in
order to test the Act which prevents public bodies such as the police from
unduly interfering in an individual's private life.

A Carlisle man will use the Human Rights Act to defend himself against
drugs charges soon.

Alan Mason, 40, of Stonegarth, is accused of producing cannabis, possessing
the drug with intent to supply and possessing the drug. All three offences
are said to have occurred last summer.

A pre-trial review will be held at Carlisle Crown Court next week.

What do you think about cannabis and the law? Call our Talkback line on
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