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Cannabis and the European Convention on Human Rights

1 Comment 16th August 2019

Article 9 – Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, and to manifest his religion or belief, in worship, teaching, practice and observance.

2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
 

 

Article 10 – Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
 

Why does this matter?

The law is not clear these issues and its quite grey. EU law overides UK law. You make up your own mind if its allready legal or not. My view is that smoking cannabis is legal. However the UK police force are making illegal arrests and are using an out of date charge (missuse of drugs act 1971) under the instructions of our goverment. If everyone that was arrested under this law pleaded not guiilty under articles 9&10 of the eu human rights act they would have their chance to take their case to the EU courts. If 44,000 people done this in the united kingdom every year the goverment wouldent have a case.

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One Response to Cannabis and the European Convention on Human Rights

  1. Jim says:

    Article 8 is more relevant: Right to respect for a private personal and family life. This has been interpreted to include consensual homosexual acts so why it wouldn’t include cannabis is beyond me.

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