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UK: Freedom goes up in smoke

Manchester Evening News

Friday 02 May 2003

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THE MAN behind Britain's first cannabis coffee shop has been denied an
early release from prison - for smoking dope.

Now, a Euro MP, who has campaigned against the UK drug laws has written
to ministers calling for Colin Davies to be let out.

Davies, who opened Stockport's Dutch Experience cafe and was sentenced
to three years last October for supplying cannabis, is in an open prison
in Derbyshire and was due out last month under a tag scheme.

But the early release has been blocked by HMP Sudbury's governor because
Davies was tested positive for cannabis and it was suspected he would
continue using the drug outside.

Adjudication

A judge who looked into the matter during an independent adjudication on
April 15 said, although Mr Davies would have a defence in criminal law
if he claimed to take cannabis for medical reasons, the governor's
decision was prison policy and would be up to the government to revoke.

Davies is now due to be released under licence in July, as he had served
several months on remand before last year's court case, but this depends
on a second adjudication on May 12.

The governor's decision was criticised today by Mr Davies' solicitor and
attacked by Chris Davies MEP - not related.

Both argue he is classified as low risk and was classified as
appropriate for release under the curfew scheme, set up by the
government to reduce the prison population and usually only denied to
prisoners who are dangerous or likely to reoffend.

Colin Davies claims he has smoked cannabis to relieve his pain since he
broke his spine in a 70ft fall down a riverbank several years ago.

Protest

Chris Davies MEP, who himself appeared in a crown court trial after
arriving at Stockport police station carrying a small amount of cannabis
as a protest against drug laws, has now written to prison minister
Hilary Benn calling for him to approve the early release.

The MEP said: "The only reason he's not been released at the moment is
because he's been taking cannabis. He's not allowed to do it but we all
know from the figures that the way authorities handle drug taking in
prison is deeply flawed. Many prison authorities turn a blind eye."

Changes to the law announced by the Home Secretary, making possession of
small amounts of cannabis a non-arrestable offence, come into effect the
day before Mr Davies is now due out, and the drug will be available over
the counter to multiple sclerosis sufferers this autumn.

Chris Hinett of Henry and Co Solicitors added: "I would expect half the
prison population take drugs of one form or other. I've never known
anyone been refused a curfew for their use of controlled drugs.

"He's being treated like a political prisoner. He whacked the system and
they're getting him back."


 

 

 

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