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Bushlawyer Advice

Mon, 08/23/2010 - 13:28 — Julian

 Sometimes Bushlawyer is too busy to make personal replys straight away. If so please follow the advice below for best results. While getting busted feels like a very personal (and painful) experience, you are really one of thousands who suffer this fate. Together we can overcome this law by turning a negative experience into a positive step towards Cannabis Freedom.
 
1. Do not say anything INCRIMINATING to Police when you are busted. Evade answering any of their questions especially when a lawyer is not present. Feel free to tell them that the Cannabis Laws are 'Unjust' (Bullshit).
 
2. Enter 'No Plea' at first appearances to buy more time and drag out the paper work for police. (They hate paperwork). Decide if you want a Jury (only for Indictable)
 
3. Request full disclosure of evidence, especially relating to the Search Warrent.

Medical Defence

If you use cannabis for medical reason you may have a strong case for a Medical Defence. Sativex, a THC based spray is Legal on the recommendation of a Doctor and a Pain Specialist.

 See: http://alcp.org.nz/index.php?option=com_content&view=category&layout=blo...

Therefore you can argue that you are only providing yourself with a medicine already recognised by the Ministry of Health.

The Medicines Act may even over rule the Misuse of Drugs Act in some cases.

Political Defence

A Political Defence is where you argue that the law is fundamentally unjust and therefore charges should not be upheld by Jury or Judge. It involves unreserved condemnation of NZ Law (MDA 1975), something that Lawyers have sworn not to do. Therefore it is advisable to Represent Yourself when undertaking a political defence.

Since political defences do not generally constitute a genuine legal argument, they are usually dismissed by Judges.

Paul McMullan 2008

Paul McMullan was charged with cannabis cultivation by constable Ross Harris, who was visiting his property on an unrelated matter regarding the safety of his flatmate. The charge was later reduced to possession of cannabis when McMullan elected to be tried by a jury. McMullan plead not guilty and challenged the notion that the small cannabis seedling seized by constable Harris belonged to him.

Chris Fowlie 2002

Past NORML President Chris Fowlie was found not guilty in a landmark ruling, after being arrested for possession of cannabis, following a supposedly "random" street search in central Auckland on June 17, 2001.

Justice Gittos' written judgement was delivered at 9.30am, Friday 15 February 2002, at the Auckland District Court, Albert St, Central Auckland. The landmark ruling found the charge was not proved on the facts, and also found the search to be unreasonable and the evidence inadmissible.

Highlights of the trial

Duncan Eddy 2000

In 2000, whilst writing an honours degree looking at the ethical and legal principles behind drug prohibition, Duncan Eddy got a non academic look at the realities of the criminalisation of cannabis users.

When arrested and charged with possession of about $100 worth of pot, Eddy adopted the stance of non violent civil disobediance, as espoused by Mahatma Gandhi and Martin Luther King.

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