Cannabis campaigner argues laws breach his rights

A cannabis campaigner is today arguing to a district court judge that cannabis laws are a breach of the Bill of Rights Act.

Dakta Green is arguing at Auckland District Court for a stay of proceedings on charges of possession of cannabis and possession for supply.

Green, who is representing himself, is arguing that the Misuse of Drugs Act breaches his fundamental rights and is therefore a breach of the Bill of Rights Act.

At a one-day hearing before Judge Ann Kiernan, Green is calling two witnesses and will give evidence himself.

Geoff Noller, who completed a PhD at Otago University on the culture of cannabis use, said most of the 80 users he talked to did not feel they were criminals.

Dr Noller said many felt treatment of them by authorities was discriminatory and unfair.

"One question I asked them was whether they thought they were carrying out criminal behaviour. They were adamant they were not criminal ... and they felt they were being unfairly criminalised."

Much of the questioning of Dr Noller concerned the history of cannabis laws, the development of cannabis culture and patterns of use.

He said it was debatable whether the laws were having any impact on improving health and reducing harm when New Zealand had the highest rate of arrests for cannabis use in the world per head of population.

 

Bill of Rights Cannabis defence

The question of guilt is moot. Police will protest anything that does not relate to contesting the prosecution facts. District Court will not find on a matter of politics (this is not the first time 'rights' have been used); go and change the law is the usual rejoinder.

However, what will be interesting is what is the Judge going to do with Dakta Green. Send him for compulsory treatment? To a jail where pot is easier to get than at the school gate? Home detention back at the Daktory? I suspect our Judge will give Dakta the same rights as everyone else prosecuted under this iniquitous law. Zip!

Now an unfettered jury trial positing the 'unsafe' conviction argument that the maximum punishment is cruel and unusual and/or excessive could set some precedent (after all who has broken the law more than Dakta Green).

Our best hope for resolving the tensions in this debate is to put cannabis into the "restricted substances regulations" passed in November 2008. And this must be supported/recommended by the Law Commission.

This will only happen if the public is informed on the options. And I don't see ODT or other mainstream media giving diddly to 'process or procedure' - they prefer to trot out idle speculation and sensorial tripe.

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