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IN THE DISTRICT COURT                                                  CRI–2014-xxx-xxxxx

HELD AT [REDACTED]

 

IN THE MATTER                        of breach of Section 3A of The Health Act 1956 in regards to the Function of Ministry in relation to public health; by failure to carry out it’s core founding function of improving, promoting, and protecting public health in relation to Cannabis.

 

IN THE MATTER                        of removing, in it’s capacity of administration of the act, and due to overwelming evidence in support of the medicinal use of Cannabis Sativa and it’s variant straings, all mention of Cannabis plant and extracts in any schedule of the Misuse of Drugs Act 1975, an act which is solely administered by the Ministry of Health.

 

AND IN THE MATTER                of contravention of part 2 section 17 of the NZ Bill of Rights Act 1990 in relation to Freedom of thought, conscience, and religion. Namely that everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference.

 

AND IN THE MATTER                of contravention of article 24, clause 1 of the UN Declaration on The Rights of Indigeonous Peoples 2007; expressly that Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.

 

AND IN THE MATTER                of the resulting financial, physiological and psychological damages arising from punishments out of all proportion to the “crimes” commited, and resulting from the lack of access to appropriate herbal medicine

 

BETWEEN                                 [REDACTED]

Applicant

AND                                         CHAI CHUAH

DIRECTOR-GENERAL MINISTRY OF HEALTH

Respondent

AND                                         LT GEN RT HON SIR JERRY MATEPARAE

THE GOVERNOR GENERAL

Respondent

AND                                         JONATHAN DAVID COLEMAN

THE MINISTER OF HEALTH

 

 

 

 

 

 

AFFIDAVIT OF [REDACTED]

IN SUPPORT OF THE PRIVATE PROSECUTION

 

SWORN this                         June 2015

For hearing                     June 2015

 

 

 

Respondents contact details:

[email protected]

[email protected]

 

 

 

 

SOLICITOR:                                                      COUNSEL:

[REDACTED]                                                [REDACTED]

 

 

 

 

Table of contents

Declaration…………………………………………………………………………………………… 2

Incorrect Classification of Drug Schedules…………………………………………………. 2

Appendix of Evidence……………………………………………………………………………. 4

Expert Advisory Committee on Drugs give a high priority to its reconsideration of the classification of cannabis.       4

Inquiry into the public health strategies related to cannabis use and the most appropriate legal status – Report of the Health Committee.   4

Cannabinoid action induces autophagy-mediated cell death through stimulation of ER stress in human glioma cells          4

Cannabinoid action induces autophagy-mediated cell death through stimulation of ER stress in human glioma cells          4

THC Shrinks Tumours……………………………………………………………………………… 4

Emerging Clinical Applications for Cannabis & Cannabinoids………………………. 4

Minister Peter Dunne approves one-off use of Cannabidiol product ‘Elixinol’…… 4

 

 

 

 

 

Declaration

 

I, [REDACTED],  SWEAR as follows:

 

  1. I am the applicant.

 

  1. I live at [REDACTED]

 

  1. I am [REDACTED] years of age.

 

Incorrect Classification of Drug Schedules

  1. Recent scientific evidence has come to light that shows the plant and concentrated extracts of Cannabis Sativa, Cannabis Indica, and Cannabis Ruderalis, listed in schedules of the Misuse of Drugs Act 1975 do in fact have therapeutic value as medicines; and should therefore be removed from the act.
  2. In relation to the plant Cannabis the contravention of the following UN Declaration: Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.
  3. Right honorable Peter Dunne, member of parliament, recently gave his approval for the use of Cannabis Sativa whole plant extracts to be use for therapeutic use in the treatment of a severely epileptic patient in Wellington. This fact alone is entirely sufficient evidence for the immediate removal of cannabis sativa from the act.
  4. Cannabis Sativa has been shown to reduce incidence of Glaucoma.
  5. Cannabis Sativa has been shown to be effective in the treatment of multiple sclerosis, and inhibition of the following cancers: liver, lung, brain.
  6. The endocannabinoid system is a group of neuromodulatory lipids and their receptors in the brain that are involved in a variety of physiological processes including appetite, pain-sensation, mood, and memory; it mediates the psychoactive effects of cannabis and, broadly speaking, includes: The endogenous arachidonate-based lipids, anandamide (N-arachidonoylethanolamide, AEA) and 2-arachidonoylglycerol (2-AG); these are known as “endocannabinoids” and are physiological ligands (electron pair donors) for the cannabinoid receptors; The enzymes that synthesize and degrade the endocannabinoids, such as fatty acid amide hydrolase or monoacylglycerol lipase; The cannabinoid receptors CB1 and CB2, two G protein-coupled receptors that are located in the central and peripheral nervous systems; The endocannabinoid system has been studied using genetic and pharmacological methods. These studies have revealed that cannabinoids act as neuromodulators for a variety of physiological processes, including motor learning, synaptic plasticity, appetite, and pain sensation.
  7. I respectfully request that the Court considers my application for removal of Cannabis and it’s extracts from all schedules of the Misuse of Drugs Act 1975, primarily for the purposes of conducting additional studies in preparation for application for legal sale via the Psychoactive Substances bill.

 

 

 

SWORN at [REDACTED] by                                             )

[REDACTED]                          )

this       day of   June     2015                              )

before me:                                                         )

 

 

 

A Barrister & Solicitor of the High Court of New Zealand

Registrar/ Deputy Registrar

Justice of the Peace

 

 

 

 

 

Appendix of Evidence

 

Expert Advisory Committee on Drugs give a high priority to its reconsideration of the classification of cannabis.

Page 49-50 of DBSCH-SCR-2531-2399.pdf*

 

Inquiry into the public health strategies related to cannabis use and the most appropriate legal status – Report of the Health Committee.

Page 57 of DBSCH-SCR-2531-2399.pdf*

 

* Forty-seventh Parliament (Steve Chadwick, Chairperson) August 2003

 

Cannabinoid action induces autophagy-mediated cell death through stimulation of ER stress in human glioma cells

Guillermo Velasco, Complutense University, Madrid, Spain. 2009.

 

Cannabinoid action induces autophagy-mediated cell death through stimulation of ER stress in human glioma cells

Salazar et al. Journal of Clinical Investigation, 2009;

DOI: 10.1172/JCI37948.

 

THC Shrinks Tumours

Munsen A.E et al. J Nat Cancer Inst, Vol 55, No. 3, Sept 1975.

 

Emerging Clinical Applications for Cannabis & Cannabinoids

A 2009 review of nearly 200 scientific trials assessing the therapeutic utility of cannabinoids for the treatment of nineteen clinical indications: Alzheimer’s disease, ALS, chronic pain, diabetes mellitus, dystonia, fibromyalgia, gastrointestinal disorders, gliomas, hepatitis C, HIV, hypertension, incontinence, MRSA, multiple sclerosis, arthritis, sleep apnoea, and Tourette’s syndrome.

 

Minister Peter Dunne approves one-off use of Cannabidiol product ‘Elixinol’

9 June 2015 Beehive Press Release https://www.beehive.govt.nz/release/minister-approves-one-use-cannabidiol-product-%E2%80%98elixinol%E2%80%99

Associate Minister of Health Hon Peter Dunne has today approved on compassionate grounds the one-off use of Elixinol, a cannabidiol (CBD) product from the United States to be administered by clinicians treating Wellington patient Alex Renton.

“I have also considered the absence of any other treatment options, the low risk of significant adverse effects, and the conclusion reached by the hospital ethics committee from an individual patient perspective.”



Only 8 people were convicted of smoking cannabis in 2012

Only 8 people were convicted of smoking cannabis in 2012

It’s pretty evident that the police are not interested in arresting innocent pot smokers – the results of this Official Information Act request from 2012 show that only 8 people were convicted of smoking cannabis.

I hereby declare cannabis decriminalised!

High res PDF of this poster:

http://www.legalise.org.nz/pdf/Lucky-Number-8.pdf

Original PDF of OIA Request:

http://www.legalise.org.nz/pdf/Official-Information-Act-Request-201307081002.pdf

 



Perhaps regular old school drugs like cocaine, ecstasy, and cannabis are safer than these new and quite bad ass new drugs like 2Ci, Bath Salts, and so on.

At least we have more info about them and doctors are able to treat the overdoses better perhaps.

If all drugs were taxed, regulated, and scientifically studied alongside these other analogues then the public could make a more informed choice about what they put in their bodies.

 



Just thought I’d carry the story as well…

J Day NZ Poster 2015

J Day NZ Poster 2015

 

Come to J Day, an international day celebrating our cannabis culture and a protest against the failed War on Drugs.

All events are free, starting at High Noon and run to 4:20pm or so.

  • Auckland – Albert Park. Features music and speakers, on the mighty JAFA Mafia sound system, plus market stalls and information booths.
  • Hamilton – Riff Raff Statue, Victoria St
  • Tauranga – Yatton Park
  • Whakatane – Historic Reserve
  • Taupo – The Black Shed, 10 Miro St.
  • Hastings – ANZAC Memorial, by the Library
  • New Plymouth – Bowl of Brooklands
  • Wellington – Frank Kitts Park
  • Christchurch – Cathedral Sq then ‘roll and stroll’ to Latimer Sq
  • Dunedin – The Octagon

About J Day:

Are you one of NZ’s half-million pot smokers, or do you know one of them? Most Kiwis support cannabis law reform. It’s time to demand change! J Day is a celebration/protest – held every year since 1992 – in support of NORML’s three campaign goals:

  1. A health issue, not a crime: Cannabis consumers and producers should not be criminals. Concentrate resources on problematic abuse. Let the police focus on crime that matters.
  2. Safe legal access to medical cannabis: Medicinal cannabis is allowed in 23 states in the USA, Israel, Netherlands, Spain, Canada etc. Why not here?
  3. Regulate cannabis, the safer choice: Low-risk drugs like cannabis should be regulated via an adults-only, taxable market similar to that in 5 US states, Uruguay and the Netherlands, or the way alcohol is regulated here. There would be no market for synthetic alternatives if natural cannabis were legal.

How you can help:

  • Come to J Day a celebration of cannabis culture with free events nationwide. Dress to impress. R18.
  • Promote our 3 key campaign themes (above)
  • Write or visit your MP – it does make a difference
  • Like us on facebook (normlnz) and follow us on twitter (normlnz)
  • Donate to NORML NZ Inc: 12-3057-0594667-00
  • Contact us at [email protected]

Note: J Day is R18, for adults only. No alcohol. No glass. No dogs. Please take your rubbish with you.

Big Thanks to our fellow organisers and sponsors: Green Cross, ALCP, Dunedin NORML, CLEAR, The Hempstore

J Day NZ 2015

J Day NZ 2015



Criminals are people who affect the good order of society. In the case of cannabis prohibition it is *the law itself* that is affecting the good order of our society, economy, and the environment. It also negatively affects the good order of society because it causes the law and police to be held in disregard, especially since it is harming good otherwise innocent productive people who have done nothing more than burn a dried up old plant flower, which is delicious and nutritious by the way!

New Zealand passed the Dangerous Drugs Act in 1927 banning cannabis and other drugs with no public discussion and little debate in parliament. Previously it was one of NZ’s chief medical exports around 1890. Strangely while it was patently obvious that alcohol prohibition fostered a lucrative and highly militarised gang culture in USA, and was quickly reversed, the same was not true of cannabis and other drugs. Some would even argue it provided another tool of racial oppression by western systems; seemingly against the Māori in New Zealand, black people in the US, or against the Rastafari of Jamaica. The dread-i are normally peaceful people with “one love” unity culture who wish to just burn a dried flower – but a catholic priest can burn incense made of whatever flowers he likes during his ceremony. How can that be?

Currently 2.27 million individuals languish in prison in the USA, a country of 318 million. They have the most and highest rate per capita only the Seychelles has higher incarceration. Compare this with the prison population of China a country that has supposedly terrible human rights records and no hint of democracy: 1.54 million from a population of 1.39 billion! There are cases in the US of people going to jail for a bag of weed. In New Zealand 16% are in prison for drug crimes (Source: Brian Rudman – NZ Herald Nov 5, 2014). A jury verdict to “Not Guilty” even in light of compelling and copious evidence including the admission of guilt to the actions presented may sadly have to be the way cannabis ends up decriminalised in this fine country.

Remember – one of the most vital purposes of a jury – one of the actual reasons they were created in 1215 was to protect good citizens from the tyranny of widely discredited unpopular laws. We even have a political party called ALCP devoted to it! If governments seem somehow unable to pass them, the police become machines bereft of ethical guidance…. just doing their job following the law like an ISIS fighter following the sharia law chopping another head off because you’re reptilian leader told you to?

In Latin, the phrase Cannabis Sativa means “useful”.

Indeed it is one of the most useful plants ever discovered, probably evolving alongside humans and is mentioned in every single ancient pharmacological manual ever produced: Ayurveda, Egyptian Papyrus. The Chinese term for “anesthesia” (mázui 麻醉) literally means “cannabis intoxication”. Called má 麻 (“hemp; numbness”) or dàmá 大麻 (“big; great”) in Chinese it was used in Taiwan for fiber starting about 10,000 years ago. An entire system of receptors in the brain is named after it: the endocannabinoid system. Humanity needs to be able to study this stuff safely.

Medicine in Latin is ars medicina, which means the art of healing. Musicians and artists are known to enjoy higher than normal doses of psychoactive substances. Creative people sometimes use drugs safely to expand their minds and great discoveries and art aren’t usually done in jail.

It may be the case that some people like to as they say in that song smoke weed till my eyes bleed. Perhaps as Socrates did they would be foolish to sacrifice themselves plead Not Guilty when all the best advice is to be untrue to the cause, buckle and head off to the new Drug Court which is a judge-alone trial without no jury. Socrates was executed in 399 BC after pleading Not Guilty to victimless crimes like this one. He was charged with the impious act of not believing in the correct deities and trying to come up with new ones. He died trying to make his point about the Roman legal system, sure hope you don’t. It’s in NZ’s best interest to discharge them without conviction or nullify and let them keep paying tax to Aotearoa rather than suck up more resources.

Finally… As a Jury member ask yourself if could you sleep well at night knowing you snuffed out another good innocent soul and that because of your selfish desire to finish the case and get out of court early just because they ran out of sandwiches or you got bullied by the bailiff  or other jury members that the destruction, hurt, gang violence, and economic drag of prohibition will continue onward forever….. ? Or will stand up for what you believe in, be counted, hang the jury, and be part of NZ history by finding them unanimously NOT GUILTY by virtue of the power of jury nullification, and cause de facto decriminalisation of cannabis to finally begin in NZ in earnest?



Great article in the herald today: Brian Rudman: High time Govt took notice of facts on drug war

Some highlights from the report that was suppressed for six months by the tories:

In a study of the drug laws of 11 countries, New Zealand included, the report concludes that punitive regimes like those in Britain and New Zealand have no impact on drug use. As Liberal Democrat Minister of State for Crime Prevention Norman Baker pointed out, “banging people up and increasing sentences does not stop drug use”.

And also, some tidy NZ stats thrown in:

In 2011, the Law Commission’s review of the Misuse of Drugs Act noted that 400,000 Kiwis broke the cannabis law every year. Many regularly. It said the police spent 598,000 hours fighting the war on drugs at an estimated cost of more than $100 million annually. In 2009, personal possession and use offences made up 69 per cent of the 25,000 drug offences recorded by the police. Another report records that 16 per cent of the prison population are inside for drug-related crimes.

I fully agree Brian!



Did you know the government can seize your assets without a conviction? All they need now is an allegation that a crime may have taken place. Here is a record of every forfeiture ever done since 2003…

So I got frustrated by the slow progress of cannabis legalisation in this country and decided I’d like to know how much money the government is currently potentially getting from their nasty little Criminal Proceeds Act.

This is the request:

Please supply a log of every forfiture ever done under the Proceeds of Crime act. In order to anonymise the data, I am happy to only receive a subset of the total records, but must include

  • date of forfiture
  • amount in dollars
  • geographic region (can be granular such as Otago/Auckland)
  • name of the law or laws that were allegidly broken
  • current status of the forfiture (in order to see if refunds are being given for falsely done forfitures)
  • ideally a serial code / ID code to help ensure the data is real and provide (not strictly required)
This should be dating back to 1991 when it was put into law.
http://www.legislation.govt.nz/act/public/1991/0120/latest/DLM250669.html

They responded with a PDF file made from rasterised text (I’d need to re-type it) which I redacted and rasterised below.

I’ve also data entered the scan into Excel to produce the following digital version of the data.

Excel file version of table below: Official Information Request

 

Number of forfeiture orders granted or granted by consent
between 2003 and 12 August 2013
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 TOTAL
Auckland 6 16 6 33 17 9 19 11 6 1 124
Wellington 1 1 2 9 5 5 2 1 2 28
Christchurch 2 3 2 2 3 12
Dunedin 1 1
Hamilton 2 2
Invercagill 1 1
Napier 1 1
New Plymouth 1 1 2
Palmerston
North
0
Rotorua 4 4 3 3 2 16
Whangarei 1 4 2 1 1 9 1 1 20
TOTAL 4 11 24 10 45 30 20 26 21 10 6 207
Forfeiture
order $ amounts ‘granted’ or ‘granted by consent’ between 2003 and 12 August
2013
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 TOTAL
Auckland $49,764 $68,429 $9,037 $139,040 $14,850 $142,549 $102,970 $225,677 $50,365 $8,950 $811,631
Wellington $36,904 $96,816 $1,800 $545 $3,124 $940 $140,129
Christchurch $3,479,965 $5,042 $5,316 $1,300 $3,398,425 $6,890,048
Dunedin $3,000 $3,000
Hamilton $0
Invercagill $0
Napier $0
New Plymouth $0
Palmerston
North
$764,830 $764,830
Rotorua $5,838 $5,800 $2,465 $14,103
Whangarei $774 $664,500 $4,100 $2,020 $3,000,000 $3,671,394
TOTAL $3,480,739 $57,806 $738,245 $45,941 $237,156 $3,423,213 $150,149 $105,535 $231,266 $3,050,365 $774,720 $12,295,135

 

I also asked if it included the assets seized from one Kim Dotcom, to this their answer – from the Police this time – was as follows:

Police response in regards to Kim Dotcom Confiscations

Police response in regards to Kim Dotcom Confiscations

 

 

Page 1

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Full length documentary:

Breaking The Taboo – Film



This stuff looks like its the bomb:

 

Tags:



NORML presents the 21st Annual J Day – Sat 4 May, 2013

For the 21st year NORML presents J Day: Saturday May 4th, 2013, from high noon.

J Day Auckland 2013

J Day Auckland 2013

 

J Day 2013 – A4 poster

  • Auckland – Albert Park (in association with Jafa Mafia and The Hempstore)
    • Stage timetable:
      11am WrongWay Ray
      11.30 J Red
      12. Rich Gilbert
      12.30 Lowe 1
      13.00 Azbo
      13.30 Kola (Drunk Elelephant)
      14.00 Fj (Jugglin Crew)
      14.30 DJ Exile + MC Projectile
      15.00 Issa
      15.30 DJ Locksteady
      16:00 BULLETPROOF & DUTTY RANX
      16.30 Jafa Mafia till close

Plus 200 more cities all around the world, all calling for an end to cannabis prohibition!

Come along and show your support for NORML’s three campaign goals:

  • Treat cannabis as a health issue, not a crime
  • Safe, legal access for medicinal cannabis patiens
  • A regulated, taxable market for cannabis and other low risk drugs

J Day features music, stalls and a positive vibe. No alcohol or dogs please. Strictly R18. Stallholders – see our contact page.



 
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