ENCOD
  • Donate
  • Covid-19 messages
  • News
  • Organisation
    • About us
    • Our Team
      • WORKING GROUPS
      • STUDIES
      • GENERAL ASSEMBLIES
      • FINANCES
    • Our Mission
    • FAQ
    • IN THE PRESS
    • ANNUAL REPORTS
    • ENCOD MEMBERS
    • INFO FOR MEMBERS
  • Join us
  • Actions & Events
    • CAMPAIGNS
      • FREEDOM TO FARM
        • FREEDOM TO FARM
        • FREEDOM TO FARM IS THE FIRST TEST OF RELIGIOUS FREEDOM
        • FREEDOM TO FARM AND CANNABIS SOCIAL CLUBS FOR PEOPLE WHO USE CANNABIS AS A MEDICINE
        • FREEDOM TO FARM POSTERS
        • FREEDOM TO FARM STICKERS
      • Cannabis Social Clubs
        • HOW TO CREATE A CANNABIS SOCIAL CLUB
        • EXAMPLES OF CSC’S IN EUROPE
        • Cannabis Social Clubs in Aktion
        • PROPOSAL TO REGULATE THE SELF CULTIVATION AND CANNABIS SOCIAL CLUBS IN BELGIUM
        • Catalonia regulates the Cannabis Social Clubs
        • WORKSHOP ‘HOW TO SET UP A CSC IN GERMANY’
      • 2017
      • 2014
      • 2010 – 2013
      • 2009
      • 2008
      • 2007
      • 2006
      • 1995 – 2005
      • EU LOBBY CAMPAIGN
        • 2011
        • 2010
        • 2009
        • 2008
        • 2007
        • 2006
        • 2005
        • 2004
    • ACTION APPEALS
  • Bulletins
  • Video Archive
  • Donate
  • Covid-19 messages
  • News
  • Organisation
    • About us
    • Our Team
      • WORKING GROUPS
      • STUDIES
      • GENERAL ASSEMBLIES
      • FINANCES
    • Our Mission
    • FAQ
    • IN THE PRESS
    • ANNUAL REPORTS
    • ENCOD MEMBERS
    • INFO FOR MEMBERS
  • Join us
  • Actions & Events
    • CAMPAIGNS
      • FREEDOM TO FARM
        • FREEDOM TO FARM
        • FREEDOM TO FARM IS THE FIRST TEST OF RELIGIOUS FREEDOM
        • FREEDOM TO FARM AND CANNABIS SOCIAL CLUBS FOR PEOPLE WHO USE CANNABIS AS A MEDICINE
        • FREEDOM TO FARM POSTERS
        • FREEDOM TO FARM STICKERS
      • Cannabis Social Clubs
        • HOW TO CREATE A CANNABIS SOCIAL CLUB
        • EXAMPLES OF CSC’S IN EUROPE
        • Cannabis Social Clubs in Aktion
        • PROPOSAL TO REGULATE THE SELF CULTIVATION AND CANNABIS SOCIAL CLUBS IN BELGIUM
        • Catalonia regulates the Cannabis Social Clubs
        • WORKSHOP ‘HOW TO SET UP A CSC IN GERMANY’
      • 2017
      • 2014
      • 2010 – 2013
      • 2009
      • 2008
      • 2007
      • 2006
      • 1995 – 2005
      • EU LOBBY CAMPAIGN
        • 2011
        • 2010
        • 2009
        • 2008
        • 2007
        • 2006
        • 2005
        • 2004
    • ACTION APPEALS
  • Bulletins
  • Video Archive
October 14, 2008  |  By Kris In 2008

UK: GOVERNMENT CHALLENGED ON DRUGS LAW

arton1445

PRESS RELEASE

From Legalise Cannabis Alliance

9th October 2008


Edwin Stratton, 43, of Leyton, London, is charged with production of cannabis under the Misuse of Drugs Act 1971 (“The Act”). He has today given notice of his intention to challenge the legitimacy of this prosecution in the High Court as an abuse of process. This assertion is evidenced by the bias and discrimination inherent in the policy that equally harmful drugs and those exercising property rights in such drugs should be treated differently in law. The defence claims a majoritarian abuse of power by the executive in the administration of drugs legislation. The rights afforded under the Human Rights Act 1998 guarantee freedom from arbitrary discrimination: this claim is grounded in the unequal protection afforded to drug property rights between ‘licit’ and ‘illicit’ drugs. This challenge seeks to hold the government and the Advisory Council on the Misuse of Drugs (“ACMD”) to account for an alleged irrational administration of the law which has led to countless thousands of lives lost and destroyed in the so-called ‘War on Drugs’.

1. Edwin is being prosecuted for his medical use of cannabis which he attempted to grow in the privacy of his home. He suffers from a hyper-sensitive form of coeliac disease which leaves him with constant pain and nausea for which cannabis is uniquely effective in his experience, and without the dreadful side-effects he experiences with prescription drugs.

2. Due to the nature of this legal challenge, which squarely puts the government’s application of the law in the spotlight – this case must, according to law, be heard in the High Court.

3. Edwin says: “Drugs legislation intends to protect us from harmful drugs. I absolutely agree with that aim, but the present policy is a disaster from a harm-reduction perspective. The legal classification of drugs is entirely inconsistent with the objective of creating a criminal tariff of punishments for drugs offences according to their relative harmfulness or potential for harm”. Support for this position has come from organisations such as Transform Drug Policy Foundation, Release, the Beckley Foundation, The Parliamentary Select Committee on Science and Technology and the ACMD’s own prevention working group in their 2006 report ‘Pathways to Problems’. The incoming chair of the ACMD co-authored a March 2007 report in the Lancet, which presented a hierarchy of drug harm as determined by experts, elucidating the arbitrariness of the current classification of drugs under the Act.

4. The discriminatory application of law is starkly obvious when we factor in the harms caused by alcohol and tobacco, which together kill 150,000 people in the UK every year. Despite over 800,000 hospital admissions last year due to alcohol abuse, cannabis users cause far less harm to themselves and others and yet are compelled not only to risk arrest, prosecution and imprisonment, but also must endure the risk of dealing with criminal elements, risk their health due to contaminants, and risk exposure to products of unknown strength – all of which Edwin sought to avoid by growing it himself. Despite awareness campaigns, the legal status of alcohol and tobacco falsely signifies that these drugs are safer than many controlled drugs; this results in a lack of proper legal protection for alcohol and tobacco users in comparison to the stringent controls over equally harmful controlled drugs. Edwin says that “my advisers consider that the government does not have the discretion in law to exclude dangerous drugs from the remit of the enforcement legislation on the arbitrary basis of ‘cultural and historical precedents’. Government insists that the responsible use of alcohol and tobacco can be maintained without subjecting either to controls under the Act, whereas this possibility is denied to users of other equally harmful drugs, these double standards perpetuate detrimental consequences to users of all kinds of drugs”. (see HM Government official response to the Cabinet Office Better Regulation Executive (September 27th 2007).

5. Edwin is a part of a campaigning network known as the nascent DEA (Drug Equality Alliance). Individuals can register their support by visiting http://www.drugequality.org – the group is seeking to illuminate support for a much needed transformation of the impasse causing so much harm to people who use drugs of all kinds.

Previous StoryUK: ‘THREE STRIKES AND OUT’ PENALTY FOR CANNABIS USERS FALLS APART
Next StoryEIN FRIEDENSVORSCHLAG IM KRIEG GEGEN DIE NATUR

Related Articles

  • arton1542
    LETTER TO QUEEN BEATRIX OF THE NETHERLANDS
  • arton1522
    MOROCCO OPENS THE DEBATE ON CANNABIS LEGALIZATION

Categories

Archives

  • About us
  • Downloads
  • Contact
  • Privacy Policy
  • Legal Notice & Terms of Use
  • Imprint

Copyright ©2018 ThemeFuse. All Rights Reserved

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT

REPUBLISHING TERMS

You may republish this article online or in print under our Creative Commons license. You may not edit or shorten the text, you must attribute the article to ENCOD and you must include the author’s name in your republication.

If you have any questions, please email thujer@gmail.com

License

Creative Commons License AttributionCreative Commons Attribution
UK: GOVERNMENT CHALLENGED ON DRUGS LAW