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Cannabis. "How illegal" is it where you are?
A 58 year old Canadian man who says his hemp oil cures cancer was sentenced Monday to eight days in jail after he pleaded guilty in court to trafficking marijuana.

The trafficking charge was brought about after a woman complained to police that Mr. Simpson had dropped off a syringe full of hemp oil at her home and asked her to give it to a relative who was using the drug for medicinal purposes.

The syringe, used only to transport the oil safely, was found to contain about five millilitres of marijuana oil, the equivalent of a teaspoon.

But Ricky Simpson won’t actually spend any time behind bars because Judge Carole Beaton said the time he spent in custody after his November arrest was "enough of a deterrent". 

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"If he and others do not get the message, after spending the equivalent of eight days in jail, that trafficking is against the law, I’m doubtful that adding 20 more days as suggested by the Crown would be any more of a deterrent," Judge Beaton said Monday as she sentenced Mr. Simpson on one charge of trafficking marijuana oil.

His arrest came as he was awaiting sentencing on earlier charges of producing marijuana and possessing less than three kilograms of tetrahydrocannabinol for the purpose of trafficking. Tetrahydrocannabinol, or THC, is the main active ingredient in marijuana.

A Nova Scotia Supreme Court jury found Mr. Simpson guilty of those charges in September and Justice Felix Cacchione sentenced him in February to a $2,000 (about £1000) fine and one day in jail, considered served by his appearance in court that day.

Although the £1000 fine was quite a lump to get fined, serving only a single day in jail for possessing under three kilo's of weed seems outrageous when compared to punishments meted out here in the UK, for not diss-similar crimes?

For instance it was back in November 07 that the Canna Zine reported on a medical cannabis grower, who was growing for the Bud Buddies medical cannabis group, and who was imprisoned for a year, for growing 250 cannabis plants at his home in Rugby, England.

When police raided the house of Roderick Cotton back in August 07, they found 250 cannabis plants and just a week before he appeared in court police found more plants at his home.

Cotton said he grew the plants at his Caldecott Street, Rugby address, for his own use, and also to supply sick and needy people through an unlicensed medical distribution organisation called Bud Buddies.

The police aknowledged Mr Cotton supplied medical patients and there was no suggestion of Mr Cotton "gaining financially" from his endeavours.

All of which begs the question, "Is this what British cannabis law is meant to "protect us" from"?

News reports this week have told of the Czech Republic reversing a sentence given to a woman who grew her own cannabis to relieve chronic foot pain and ulcers.

Apparently the woman used a piece of her vegetable patch to grow her cannabis plants, and was twice convicted by a local court, receiving a two year suspended prison sentence for her "crimes".

But a recent Superior Court convened specifically to look at this case, found in favour of the cannabis grower, and ordered the Prague Municipal Court to re-examine the cases, "nulling" the prison sentence.

The Superior Court has also advised that the Czech judiciary no longer brings charges against people who are using cannabis out of medical neccessity, essentially legalising medical marijuana in the republic.

In Antwerp, Belgium, a local cannabis social club (Trekt Uw Plant) has set about ensuring the laws pertaining to cannabis in Belgium, are adhered to strictly.

As with all EU states the laws are ambiguous and uncertain, leaving people who wish to grow or consume a small amount of "personal", in a tricky situation, not knowing whether or not they may legally grow their cannabis.

But in Belgium its quite legal to grow a single plant, or possess 3 grams or under of herbal (super skunk) cannabis.

In January 2005, a ministerial decree was signed by the Belgian Minister of Justice and the 5 main Attorneys General, in which the possession of max. 3 gram or 1 female cannabis plant was "declared a non-prosecutable offense."

In december 2006, Trekt Uw Plant presented the first collective cannabis plantation in Belgium, based on the principle of one member one plant. The legal authorities stopped this plantation, and they are currently involved in some legal wrangling to obtain the right to grow "collectively".

But it doesn't end there, as Joep, from Trekt Uw Plant explains. "Whilst we are as yet unable to put all of our plants in a single field, we are still allowed to help our members , who should be adult, living in Belgium, aware of the risks of cannabis use and who should have joined the organisation voluntarily, to grow their one cannabis plant."

"So we are calling on all those who wish to consume cannabis and are tired of beinng dependent on the illegal circuit to join us, on 3 May on Vrijdagmarkt in Antwerpen."

Has Belgium fallen to its knees in a drug fueled stupor as a result of allowing its citizens to possess and consume a small amount of cannabis?

Which surely must make us ask, "Why are the British Courts clogged up with punishing sometimes miniscule amounts of cannabis, which see's the "accused" walk away with a "community service order" or a £75 fine, when it may have cost the Exchequer 10's of thousands of pounds to bring about such a conviction?

At that cost it would be cheaper NOT to bring about a conviction and hire in master-builders to undertake the "community" work.

In America, city's and states are literally lining up to make small scale marijuana possession (up to an ounce or 28 grams), the lowest judicial priority. Lower even than littering or jaywalking.

During a period of time which sees public money tighter than ever, it makes huge economic sense, and will keep tens of thousands of people, who will use cannabis and regardless of its legal status, out of court, and out of jail.

So whats the hold up in the UK?


Have your say
What do you think? Should cannabis be allowed for recreational/medical purposes here in the UK? If so why do you think its not allowed? Is it as the government says? A question of public health?

Or is there perhaps another, hidden agenda which the government are working to?

Sign up to the Canna Zine forums and have your say.

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.





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