LCA Current Campaigns

Campaign to re-schedule cannabis.

You will have read about the recent failed appeal in London by "medical cannabis" users against previous court's decisions not to allow them the defence of medical necessity regarding cannabis. Previous to this, there have been several successful defences on that reason, by people such as Lezley Gibson, Colin Davies in his first two cases, Jeff Ditchfield and others, and some that failed.

This refusal by the three court of appeal judges to acknowledge that the dire medical need for cannabis in the treatment of certain serious ailments and symptoms and in the absence of any reasonable working alternative, constituted "necessity" as a defence against prosecution, has indeed angered and frightened thousands of medical users who now face prosecution with no defence, in fact, just like so-called "recreational users".

I have for a long time argued that the distinction between "medical use" and "recreational use", indeed also "religious" use is hazy. There is often a clear difference in "urgency" of need, and indeed some users consume only enough to ease their suffering without seeking to or getting "high", but for many people the use may simply be the difference in dose: a small dose may ease a burden, a larger does "may" be fun in some way - make one feel "even better", and a very large dose may even be perceived as some sort of religious experience or insight, for most people.

My case is that whatever the conscious "reason" for using cannabis, it is either medically beneficial or otherwise. It is said to have value as a PREVENTATIVE medicine: helping slow down any development of glaucoma, cognitive decline, development of tumours and cancers, and of course preventing the illness, absenteeism, violence, crime and premature death associated with STRESS. Of course cannabis may not be good for everyone, certainly in high doses, just like any medicine.

I claim that cannabis IS a medicine - that medicine, recreation, are therapeutic.

But the LAW disagree: the Misuse of Drugs Act and the International treaties state and thus "schedule" cannabis the plant as a "drug with no medicinal value" (yes despite the fact that it was used medicinally for thousands of years - until 1971 in the UK) (Schedule A). The Judges had no alternative than to reject the defence of medical necessity because the law says cannabis has no medical value.

We know that is wrong!

What we going to do about it? How can we all work together to correct this mis-scheduling (for starters).

I believe the most (cost-)EFFECTIVE ways:

write a letter to your local newspaper: address it to "Letters to the Editor" or put that in subject line of e-mail. Let me know when your letter gets printed please, name of paper, date, headline and letter itself: I will post it out to lists around the world, and others can respond to it. There are many email addresses for UK press here http://www.ccguide.org.uk/e_press.php

write a letter to your MP

Write the letter explaining why we think the law is accusing many thousands of people in this country of telling lies by refusing to acknowledge the medical benefits they claim to experience from using cannabis. Tell them that cannabis should be rescheduled without delay

CAMPAIGN AGINST DEATH PENALTY FOR CANNABIS IN INDONESIA
sample letter:

Dear .............. I am appalled to read that Indonesian Courts are still handing out the death penalty for cannabis offences.
I refer to the two articles below.
In this day and age, now that cannabis has been recognised as far less of a risk than previously thought and hence downgraded to a class C drug, and considering that the UK is now civilised enough to have abolished the death penalty even for viciously violent crimes, don't you think that we should as a nation voice our disapproval at these sentences?
What can be done?
I look forwards to receiving your reply.
Yours sincerely:
...............

Source: Borneo Bulletin
Pub Date: 27 Oct 2004
Author: Rol Ezam and Malai FadleyRizal
Web: http://www.brunet.bn/news/bb/wed/local.htm
Contact: brupress@brunet.bn

A Malaysian national was sentenced to death by hanging by the Brunei High Court yesterday for possessing a compressed slab of cannabis weighing 922.276 grammes for the purpose of trafficking. His compatriot, who was jointly charged, however escaped the noose. Under the Brunei law, possessing more than 600 grammes of a controlled drug carries the death penalty. The defendant, Lam Ming Hwa, who is the second defendant, was found guilty after trial for possessing the said drugs by the Chief Justice Dato Seri Paduka Mohammed Saied and Judge Dato Paduka Steven Chong.
Lam Ming Hwa and first defendant Sylvester Anak Kuling were caught by the Narcotics Control Bureau officers at a plaza in Tutong on November 24, 2002. "Since the amount of cannabis exceeds 600 grammes, the sentence we are obliged to pass is one of death, with a direction that he be hanged by the neck till he is dead," said the Chief Justice in passing his verdict.
The court rejected explanations of the defendant, who is represented by Counsel Mr Zamri Hj Md Taha, about his right ring finger impression found on the black packet inside the plastic bag, which led to the conviction.
"Having considered his evidence, we are of the considered opinion that there is nothing in his evidence or in the circumstances appearing in the prosecution case that would rebut that presumption of possession in him of the cannabis in the packet, which bore his fingerprint impression," the Chief Justice noted.

Meanwhile the first defendant, Sylvester Anak Kuling, who was previously involved in road laying work in Kanowit, Sibu and later helped his friend working at a vegetable garden, was found innocent of the charge as the court accepted his explanation on the presence of his right middle finger impression on a black plastic bag which was discovered by the NCB officers beneath the front passenger seat of a car bearing registration number BF 9924.
During the trial, Sylvester, who is represented by Counsel Mr Ridzlan Hj Ibrahim, claimed that he accidentally touched "something" which was beneath the seat of the car when he was adjusting the seat backwards. As it was not his car, he did not pay much attention to it.
"The phrase lack of credibility seems to us to imply that a defendant has to be credible to avoid his defence and/or explanation rejected by the court. He may not seem credible, yet the defence on which he relies may raise reasonable doubt about the prosecution case against him, which would entitle him to an acquittal," said the Chief Justice in acquitting the defendant.
Besides the joint charge, both of them faced two charges of consuming Methylamphetamine and cannabis respectively to which they pleaded guilty earlier. The Judge sentenced Sylvester to 3 months' imprisonment while Lam, who is a second offender under the MDA, was sentenced to 3 years' jail on each of the charges. The sentences, however, were ordered to be run concurrently with effect from the date of their arrest on November 24, 2002.
Deputy Public Prosecutor Hj Nabil Daraina, assisted by DPP Hjh Anifa Rafiza, conducted the prosecution.

Subj: Indonesia: 'Help Me' Pleads Student At Risk Of Death Sentence
Source: New Zealand Herald (New Zealand)
URL: http://www.mapinc.org/drugnews/v04.n1454.a06.html
Pubdate: Wed, 13 Oct 2004
Contact: letters@herald.co.nz

'HELP ME' PLEADS STUDENT AT RISK OF DEATH SENTENCE DENPASAR - A Gold Coast student who could face the death penalty for allegedly attempting to smuggle drugs into Indonesia from Australia, has pleaded for help, Australian media reported.
As Schapelle Leigh Corby, 27, of Tugun, in Queensland, was taken back to her cell after interrogation by Bali police, she pleaded with reporters, "I'm petrified, I'm scared - help me. Tell Mum and Dad I love them," say reports in the Daily Telegraph and Sydney Morning Herald.
Customs officers at Bali Airport allegedly found a package of 4.2kg of high-grade cannabis in her bodyboard bag.
Police said it was the largest quantity of cannabis taken into Bali, and the first such case involving an Australian. Drugs squad director Bambang Sugiarto said the beauty therapy student screamed and cried as she pleaded her innocence during interrogation by police in Denpasar.
In contrast to Sugiarto's comments, news reports showed Corby smiling and waving at cameras and saying hello to her parents.
Police showed journalists Corby's labelled bodyboard bag. Inside were a bodyboard and the plastic bag of cannabis.
Sugiarto said the cannabis was of much higher quality than Indonesian cannabis. Corby's lawyer, Lily Sri Rahayu Lubis, said the package might have been planted without Corby's knowledge.
Corby could face the death penalty if charged with drug trafficking, or 20 years in prison if charged with possessing an illegal drug.