Presentation Vienna by Bushka Bryndova ENCOD Conference 2008.

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Presentation transcript:

Presentation Vienna by Bushka Bryndova ENCOD Conference 2008

Scope of cannabis use in Czech population  20 % of lifetime users ( people)  2,6 % of weakly users ( people)  Most of the medical users are not included  Estimated number of medical users in tens of thousands  Most of the medical users are self- medicated and use externally a cannabis salve

Persecution of medical and small-scale growers Within the last two years has dramatically increased the number of the people using cannabis for medical purposes, who were persecuted by the law enforcement. Equally strengthened the persecution of recreational users and small- scale growers.

Ban on the medicinal cannabis is violating constitutional rights Persecution of the people using cannabis for medicinal purposes is contradicting The Charter of Fundamental Rights and Basic Freedoms – The Constitution of the Czech Republic in several points.

CONSTITUTION SAYS: All people are free, have equal dignity, and enjoy equality of rights. Their fundamental rights and basic freedoms are inherent, inalienable, non-prescriptible, and not subject to repeal.

THEREFORE While you grow, keep or use cannabis, you are not equal to others in dignity. You are investigated and punished, publicly offended and gossiped without committing any harm to others.

CONSTITUTION SAYS: Nobody may be caused detriment to his or her rights merely for asserting person's fundamental rights and basic freedoms.

THEREFORE The law is curtailing your rights to live as a decent citizen and to participate to the social life only because you grow cannabis.

CONSTITUTION SAYS: In employing the provisions concerning limitations upon the fundamental rights and basic freedoms, the essence and significance of these rights and freedoms must be preserved. Such limitations are not to be misused for purposes other than those for which they were laid down.

THEREFORE Growing and using cannabis is not a crime as such. Punishing it is an abuse of power.

CONSTITUTION SAYS: Everyone has the right to demand that his or her human dignity, personal honor, and good reputation be respected, and that his or her name be protected.

THEREFORE By growing and using cannabis a person does not make any harm, but in spite of it is exposed to administration chicaneries and a loss of dignity.

CONSTITUTION SAYS: The freedom of scholarly research and of artistic creation is guaranteed.

THEREFORE There is no legal entitlement to an authorization to grow cannabis for research purposes. Instead of the delivery of an authorization, the Ministry of Health is proposing dronabinol (synthetic THC).

CONSTITUTION SAYS: Everyone has the right to the protection of his or her health. Citizens shall have the right, on the basis of public insurance, to free medical care and to medical aids under conditions provided for by law.

THEREFORE The right to health also includes the possibility to use cannabis for medicinal purposes

Prerequisites for the depenalization of medical cannabis 1. Parallel decriminalization of recreational purposes and depenalization of medical purposes 2. Protection of patients against bureaucratic chicanery and intrusions to their private lives 3. For the authorization to grow should not be required any medical prescription

Social benefits of the depenalization of medical cannabis  innocent citizens would not be criminalized  overall health condition of the population would improve and health care costs would decrease  drug criminality and public expenses on the police and the justice would decrease  drug prevention and its credibility for young people and children would improve

Proposal of the Law on Medical Cannabis Freedom to the use of cannabis for healing  Growing and possession of max. 1,5 kg of buds per adult per year  Announcement to the Ministry of Health  1,5 kg of cannabis correspond to 2,5 - 3 grams/day and to the reserve of 20%

Proposal of the Law on Medical Cannabis Freedom to the scientific research Growing or possessing of cannabis plants is not illegal for research and scientific purposes in compliance with the rules of the Ministry of Health.

Latest news On March 3, 2008 the Supreme Court of the Czech Republic issued a breakthrough decision: Growing of cannabis for healing yourself is not a criminal act and should not be punished!