Cannabis laws breach the Bill of Rights, claims drug defendant NZH/ODT

By Andrew Koubaridis
4:00 AM Thursday Jan 21, 2010 Facebook
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10621356

Cannabis laws are breaching the Bill of Rights Act for cannabis users, an Auckland court heard yesterday.

Dakta Green - the founder of New Zealand's first cannabis club - claims laws such as the Misuse of Drugs Act discriminate against users of the drug.

He represented himself at a pre-trial hearing at the Auckland District Court where he tried to get a stay of proceedings on charges of possession of cannabis and possession for supply.

A witness called by Green, Dr Geoff Noller, completed a PhD at Otago University last year. For his thesis, he examined the culture of cannabis use.

Dr Noller told the court cannabis was included in early drug laws more as a response to international developments than domestic concern. "Cannabis came to be included more by default."

He believed other drugs, such as opiates and LSD, were more widely used in the late 1960s and that was what much of the concern in New Zealand was focused on.

Green: "Is it your evidence that overseas evidence was used to develop our drug laws?"

Dr Noller said his position was that the overseas experience "fed into" New Zealand laws.

Many of the 80 people he interviewed for his doctorate felt authorities' treatment of them was unfair.

Crown lawyer Bruce Northwood described some of Green's arguments as "political". Judge Anne Kiernan reserved her decision on the stay application. It will be delivered next Tuesday.

- additional reporting NZPA

Cannabis campaigner argues laws breach his rights
Home » News » National
Wed, 20 Jan 2010
News: National
http://www.odt.co.nz/news/national/89741/cannabis-campaigner-argues-laws...

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.