UK Government challenged on drugs law

Last week, Edwin Stratton, appeared in magistrates court to defend himself on a charge of cannabis cultivation. He had refused a caution on arrest.

His legal defence was put together by Casey Hardison and he was represented by Darryl Bickler in court.

He is running a brilliant and innovative defence claiming that the Government is abusing its power by unlawfully discriminating against those who are in possession of drugs that have been criminalised.

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3. The abuse:

a. The defendant believes that the Misuse of Drugs Act 1971 c.38 (“the Act”) is being applied to him in an arbitrary and discriminatory manner based on historical and cultural factors that lack a consistent and objective basis contrary to Article 14 and within the ambit of other convention rights. This denies equal protection to the defendant, alleged to be engaged in property activities with “controlled drugs”, as defined by s2(1)(a) of the Act, with respect to analogous persons engaged in the identical property activities with the dangerous or otherwise harmful drugs alcohol and tobacco.

b. The Government’s Position:

"The Government's policy is and has been to regulate drugs which are classified as illegal through the 1971 Act and to regulate the use of alcohol and tobacco separately. This policy sensibly recognises that alcohol and tobacco do pose health risks and can have anti-social effects, but recognises also that consumption of alcohol and tobacco is historically embedded in society and that responsible use of alcohol and tobacco is both possible and commonplace".

c. The Government’s position admits discrimination on the grounds of legal status and property within the ambits of Article 1 of the First Protocol, “protection of property”, Article 8 respect for private life, inter alia. More, the Government’s position includes errors of law and fact.

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Edwin is a part of a campaigning network known as the nascent DEA (Drug Equality Alliance). Individuals can register their support by visiting www.drugequality.org - the group is seeking to achieve one million site hits this year to illuminate support for a much needed transformation of the impasse causing so much harm to people who use drugs of all kinds.