‘Live Like It’s Legal’: Landmark Cannabis Hearing In New Zealand
Dakta Green, founder of New Zealand’s most visible cannabis club, will argue in court Wednesday that marijuana laws are a fundamental breach of his rights, in what is being called a “landmark” hearing.
Green will argue before Judge Keirnan in Auckland District Court that cannabis laws discriminate against users of the herb, and that the severity of marijuana penalties under the Misuse of Drugs Act violates New Zealand’s Bill of Rights Act.
“Alcohol and tobacco are dangerous drugs but are legally available,” Green said. “Cannabis causes less harm to our community.”
Green, whose motto is “live like it’s legal,” will call two witnesses to bolster his claims of persecution and discrimination.
Dr. Geoff Noller, New Zealand’s leading expert on cannabis culture, will appear via video link from the University of Otago School of Medicine.
Dawn Danby, a former pharmacist currently on home detention for using cannabis as medicine, will also appear in support of Green.
“I am confident of victory but whatever the result of my application, I will never stop campaigning to free cannabis users from these harsh and unfair laws,” Green said.
“The cannabis laws are wrong,” Green said. “They are fueled by a pernicious prejudice and perpetuate harmful stereotypes that adversely affect users and their families.”
Source http://www.tokeofthetown.com/2010/01/landmark_cannabis_hearing_in_new_zealand.php
Luck!!! Fingers crossed across the country for a good result next Tuesday.
Good luck mate. Looking forward to a successful decision. I am a solid supporter.
Go all the way Dakta,good luck,see you in wellington.cheer’s
From a stranger who hasn’t imbibed in a couple of years at least – good luck. I can’t fathom why the govt cares more about legislating use than educating users, or what right they think they have in this regard – so your Bill of Rights contest fully has my support. Best wishes.
Good Luck, Dakta Green, we support you all the way, Kia Kaha, may the spirit of Bob be with you!
I am amazed the Judge was willing to waste so much Court time listening to your garbage.
Care to tell us why it’s garbage?
Speaking legally and not politically it’s a shade away from garbage, principally because Dakta’s arguments are of a highly political nature (the realm of the legislature).
He’s seeking to impugn the Misuse of Drugs Act with the NZBoRA and invites the court to decline to apply the provisions prohibiting the possession/cultivation of cannabis. The NZBoRA does not vest in the courts the power to invalidate legislation, it merely obliges the judiciary to; where possible, interpret the law consistently with the NZBoRA ‘rights’. So, he can’t be acquitted by arguing this point of law (s 22 evidential matters aside).
It is possible to obtain a declaration that the Misuse of Drugs Act provisions are not demonstrably justifiable in a free and democratic society. However, this argument is a non-starter as the prohibition on cannabis is a perfectly reasonable response to the social ills caused, which is really a matter for political decision anyway. The other point is that in order to show that the provisions are unjustifiable some right set out in the NZBoRA needs to be impinged.
The rights Dakta has relied upon are unlikely to do this for him. A person is not subject to “treatment” at the hands of the state simply by being subject to the general criminal law that applies to all citizens equally. Similar logic defeats his submission of being “subject to medical or scientific experimentation”. Admittedly he is subject to the law just like everyone else it is difficult to see how specifically this constitutes experimentation as he is not being used to test a hypothesis.
Please bear in mind I am not a human rights lawyer and therefore the above is given based upon my somewhat limited understanding of the NZBoRA without any research having been undertaken.
2 Thumbs up!!!!
Good luck, dispite what sutherland says so eloquently I think it is about time the courts sent a message BACK to the government that the average pot smoking kiwi isn’t anymore a criminal then the average piss-head kiwi seen downtown ( or at the top-end-of Town)every weekend.
Peace out!
To be quite honest, I don’t care about any laws, I make my own reality without effecting anybody in a negative way. Even though Dakta has done a good job, and even if nothing comes of all this, I know I’m safe in my own little world. Also, somebody give sutherland a diastop, yeah you know why
Personally I think that Dakta Green is a hero,
This is our government, yet they do not listen to us.
And they use our tax to imprison and extort innocent civilians.
Its about time someone did something about it!
Good luck Dakta.
I hope you win.
Quite clearly you’re living in your own reality CivilLibertarain. I’d go so far as to say that you’re delusional. Go set up a dope smoking anarchist colony and let me know how that works out for you.
I get the feeling that the way in which Dakta Green carries on simply strengthens the resolve of policy makers to remain steadfast on the matter. It also reinforces the stereotype of the typical ‘stoner’ with the NZ public.
Did i miss something in this article? Which Wednesday is the case (the date)? I use cannabis for my health condition and believe it is appalling to make the only thing that helps illegal.
All the best Dakta.
oh 20th of jan^^. So what happened?
Case is tomorrow (29th Jan ’10).
Could it be that Sutherland is John Suthers??!
http://www.denverpost.com/search/ci_14182960
rumbled maybe?
Sutherland says: . Go set up a dope smoking anarchist colony and let me know how that works out for you.
A high consumption demographic has been in existance for a great many years already….. Compared to other types and kinds of demographics, it functions in much the same way. There are shortcomings and strengths, just like anything.
What about the shortcomings of a motor racing colony, football colony, or a colony of living in the past, legalistic nay sayers who would rather see a neighbours kid criminalised.
Today!
First I heard it was the 26th. I got the day off work and everything. Then I thought I’d read it had been on the 20th…. Now I hear it’s today! Flippin stoners..
Sutherland says “However, this argument is a non-starter as the prohibition on cannabis is a perfectly reasonable response to the social ills caused”
Please tell us these social ills. Would it be relevant to compare these ‘ills’ to those caused by alcohol?
The only social ill That I see on the topic of prohibition is the countless amounts of otherwise law abiding citizens getting thrown into jail with there own tax payments.
The USA is making movements to legalize cannabis all over the country, we made it illegal on the back of the US’s policy, why cant we decriminalize it on the example the USA is showing us now?
Why cant we even discuss this option?
anyone have an update?
DAKTA GREEN IS A HERO
IF THEY DON’T LEGALIZE WEED SOON IM PACKING UP AND MOVING TO
AMSTERDAM
UPDATES ANY1
Damn goverment only setting out to save face make them selves look good.
mean while an ordinary fun loving guy without a bad attitude is about to face the so called lawmakers and do time for WHAT. All our support dakta green, missing you at “The Daktory”
Live like its legal….
fucking good luck man hope you can steer nz in the right direction
i’ll be taking a toke for you
Market a T-shirt!
Live Like it’s Legal!
T-shirts, te hei to that..al tha best, smoke to that..
tee-shirt, Te hei to that..