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IN THE DISTRICT COURT                                                  CRI–2015-XXX-XXXXX

HELD AT AUCKLAND

 

 

 

 

IN THE MATTER                        of the incorrect classification of Cannabis, MDMA, and LSD, Psilocybe fungus in the Misuse of Drugs Act 1975

 

 

AND IN THE MATTER                of the resulting financial, physiological and psychological damages arising from punishments out of all proportion to the “crimes” committed which have no victim nor complainant, and resulting from the lack of access to appropriate herbal medicine

 

AND IN THE MATTER                of contravention of the UN Declaration on The Rights of Indigenous Peoples to practice their own traditional and cultural medicine

 

AND IN THE MATTER                of contravention of the NZ Bill of Rights in relation to the cultivation and sale of traditional herbal medicines

 

 

 

 

BETWEEN                                [redacted]

Applicant

 

AND                                         THE MINISTRY OF HEALTH

Respondent

AND                                         CHAI CHUAH

DIRECTOR-GENERAL MINISTRY OF HEALTH

Respondent

 

 

 

 

 

 

AFFIDAVIT OF [redacted]

IN SUPPORT OF THE PRIVATE PROSECUTION

 

SWORN this                         June 2015

For hearing                     June 2015

COUNSEL: [redacted]

 

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 certain compounds listed in schedules of the Misuse of Drugs Act 1975 do in fact have therapeutic value as medicines.
  2. In relation to the plants Cannabis Sativa, and the fungus Psilocybe, 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 indi- viduals 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.
  4. Sir John Hopkins University School of Medicine study on the long term positive effects of Psilocybe hallucinogens on the minds of terminally ill cancer patients, has shown overwelmingly positive effects.
  5. Cannabis Sativa has been shown to reduce incidence of Glaucoma.
  6. Cannabis Sativa has been shown to be effective in the treatment of multiple sclerosis, and inhibition of the following cancers: liver, lung, brain.
  7. 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 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.
  8. For evidence relating to the use of MDMA please see the scientific study MDMA-assisted therapy: A new treatment model for social anxiety in autistic adults published 25 March 2015
  9. There are currently studies using LSD in humans in other countries, such as Switzerland and the United Kingdom. In September 2008, the Food and Food Administration (FDA) opened the door once again for end-of-life clinical research using LSD. This may signal a renewed interest in other therapeutic uses for the drug.
  10. LSD and Psilocybe based mushrooms have been shown to increase the following psychological properties: openess, creativity, sensitivity, and compassion.
  11. I respectfully request that the Court considers my application for removal of all or some of the listed substances from 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 Auckland 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



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.

 



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

 

 

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Here is an incredibly detailed analysis of the question of exactly how much would be saved in the USA if they went to full legalisation.

The report examines the budgetary implications of legalizing marijuana – taxing and regulating it like other goods – in all fifty states and at the federal level, and estimates that legalizing marijuana would save $7.7 billion per year in government expenditure on enforcement of prohibition. $5.3 billion of this savings would accrue to state and local governments, while $2.4 billion would accrue to the federal government.

Miron Report (PDF) 2005



Today, Stephen McIntyre hung himself with a rope, because the Police raided The Auckland Greencross, and then had him up in the courts for opening NZ’s  first non-profit charitable trust authorized by the NZ government to help patients to obtain cannabis for medicine. Cannabis a natural plant, used as medicine in Israel for 19 years, U.S.A for 16 years and mentioned in every pharmacological text produced in the past 2,000 years and scientifically proven for many treatments.

New Zealand has the highest arrest and incarceration rate of cannabis users in the world. Yet many of those arrested are young people possessing small amounts for personal use. Is personal use of cannabis really a ‘crime’? And wouldn’t Police time be better spent focusing on more serious matters?

Perhaps New Zealand would have a lower suicide rate if cannabis was legalised / de-criminalised? I think so.

“New Zealand has lost a peaceful and gentle man who advocated quietly for the sort of reforms that have halved the number of drug users in Portugal over the last decade,” said Dr McGrath, who works at two alcohol and drug clinics in the lower North Island.

 More info about Stephen McIntyre:

http://www.scoop.co.nz/stories/PO1109/S00134/government-pays-lip-service-to-needs-of-medical-cannabis.htm

http://www.scoop.co.nz/stories/PO1005/S00243.htm

http://www.scoop.co.nz/stories/PO1011/S00291/new-leadership-for-cannabis-law-reform-campaign.htm

Obituary: http://notices.nzherald.co.nz/obituaries/nzherald-nz/obituary.aspx?n=stephen-lindsay-mcintyre&pid=158712377&fhid=12549

Stephen Lindsay McINTYRE Obituary Guest Book Currently, the Guest Book for Stephen Lindsay McINTYRE is available for viewing, but not accepting entries until Wednesday, 25 July 2012. View McINTYRE, Stephen Lindsay. On 22 July, 2012 suddenly at home; in his 48th year. Dearly loved husband of Reiko, loved father of Terumi and Takumi, loved son of Lillias and William McIntyre, brother of Ken, Stuart, Bruce, and Lorraine, uncle to his many nieces and nephews. A Service will be held at 85 Grafton Road, Grafton, Auckland on Friday 27 July at 1.30pm. Battersby Funeral Services Ltd Ph 09-828-5113 Published in The New Zealand Herald on July 24, 2012

Miscellaneous:

Shame on you Peter Dunne, you are creating more pain in the world: http://www.libertarianz.org.nz/libz-appalled-by-death-of-stephen-mcintyre/

Overcrowded prisons and high suicide rate: http://tumeke.blogspot.co.nz/2012/08/beasts-from-blenheim-and-creatures-from.html




Going Green - Legalizing Marijuana Is The Best Thing For USA

Going Green - Legalizing Marijuana Is The Best Thing For USA

Backup mirror of this image is at: http://images.onlineparalegalprograms.com.s3.amazonaws.com/going-green.jpg

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Greetings to those present, your honour, people in the jury. Also, thanks to my many supporters in the gallery, big ups to each and every one, I give praise and thanks for your support. I would like to address the jury:

You personally today have the unique and once in a lifetime ability to change not just the course of one mans life – mine – but to also change the entire course of NZ legal history itself by contributing a precedent setting legal case due to Jury Nullification! How come? Why is this case gonna change the course of law?

That is because, like it or not, laws are created three ways:

  1. creatively by politicians
  2. destructively by judges
  3. and also destructively by juries like you (potentially) today in the appeal court!!!
This is because in a free society, if the people see that a law is wrong, they can oppose it. If enough cases fall to jury nullifcation, the government must pass a law.
If you feel that there is something wrong happening here – and you should – then I suggest you acquit me. This is the only sure approach in order to maintain your own good sanity and peace of mind. Otherwise you shall have to consider the fact that you have directly contributed to the very real and material suffering that would happen to me if I got convicted for this victimless crime. Think about it again – I would go into Jail because of you, in a sense because you personally believe that the laws being tried in that court that day were valid. These laws aren’t necessarily valid, and you do not have to abide by them, even though the judge and bailiff may restrain me and try to stop me from telling you this, the reality is that you do actually have the ability to say no, enough is enough, and this person here is innocent of these “crimes”.
For I have done nothing more than help my good friends to find a super high quality dried flower that was grown, and perhaps even help them to not encounter other “dark side” type characters who might sell more chemical-based highs due to the underworld associated with the prohibition of cannabis. Cannabis is not a gateway drug. Cannabis prohibition is the gateway drug. That’s the thing that exposes people to uncontrolled sale of narcotic. Legalise the growing, sale and distro, helps not only the health of the users but also the economy and environment too. I guess the point of this paragraph is that I was helping society doing this thing they want to continue to call a crime.
CAUTION: Do not allow yourself to become brainwashed. The bailiff and judge will now try and pursuade you not to consider anything that I have to say – they may have already tried to bar me from saying this very speech that I pre-wrote beforehand for this very day (hate to see I had to fucking use this letter). If they do that shit, then I am definitely taking this shit to the appeals court, maybe even the supreme court, fuck it, what ever it takes, this shit is important to me. Anyhow back to the point of this paragraph: The babylon system will now try to tell you this not relevant and to only consider the evidence at hand and the laws at hand, not whether the laws are correct or not. Don’t believe the hype: Go and read up on that wikipedia page about it : if a pattern of acquittals develops in response to repeated attempts to prosecute a statutory offence, it can have the de facto effect of invalidating the statute. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment.. Hello? Did you hear that correct? Yes that could perhaps be a “public opposition” right there. Acquit me or try and sleep nowing I’m insider because of your pathetic weakness, not being able to stand up for your own self let alone someone who really could use your help right now (me).
Seriously – I want you to sleep well at night. Don’t put this puppy into prison. It’s actually waiste fo money (I’m contributing tax dollars currently, but inside it will cost about $200k to you as a tax payer). Do the right thing. Sleep well.

You as a citizen and jury-member have the right to stand up and say, no fuck it, SecretStoner has a fucking point, this law is a motherfucking ass, screw this, fuck what you say, give the man a break, we find the defendant…. not guilty!

“Juries were instituted to protect citizens from the tyranny of government”

as quoted from this interesting article. Also check this article about a Jury that was outraged when they discovered they didn’t get the chance to nullify at conviction.

Clay S. Conrad defines “jury nullification” this way:

Jurors in criminal trials have the right to refuse to convict if they believe that a conviction would be in some way unjust… If juries are nothing more than rubber stamps, they are no limit on government’s power to pass unjust, immoral, or oppressive laws, and citizens are entirely at the mercy of sometimes jaded or corrupt courts and legislatures.

Read more: http://www.foxnews.com/story/0,2933,163877,00.html#ixzz1wugP4mdY

Jury Nullification in New Zealand

This Not-PC blog is decent and reminds us of the Waihopai verdict.

And for christs sake, look, why be all up and anctious about a herb which, well look this picture says it all…

Happy weed mascots

BE HAPPY OK – DONT BE GOING PUTTING NICE GUYS LIKE ME IN JAIL

I just wanna pay taxes and contribute to helping the environment and making some great music. Not sit in jail all day getting depressed about how cool my life used to be (and it was wicked) and how to rebuild it later. OK? Sort it. Power in your hand guvna. Do it jury man. Do me and your country proud. Do it for yourself.



Some good news about that shocking election: 192% increase in party vote for Aotearoa Legalise Cannabis Party!!! Good work dakta kiwis! OK, maybe you’re saying going from 0.25% to 0.48% aint much, and yeah you’re right. But that’s 9,516 people fighting against an oppressive, evil totalitarian waste of time racist prohibition. Freedom must come to our innocent political prisoners. However, I am growing tired of waiting so more action is needed.

Also, the only party with a greater increase was the Greens with an exactly 200% increase. Considering that the green party is powered by the awesomely intelligent and talented Metiria Turei, who is anti-prohibition, perhaps you can say this is a strong signal the public are giving the government about legalisation?

We just saw NZ’s shit-est election with the lowest ever voter turnout ever since records began back in the 1800s.

2011  Party Votes Change  Percentage Change  Seats Allocated
ACT New Zealand 21,446 62.22% 1.07 70.86% 1
Alliance 1,069 65.14% 0.05 71.43% 0
Aotearoa Legalise Cannabis Party 9,516 165.55% 0.48 192.00% 0
Conservative Party 55,070 new 2.76 new 0
Democrats for Social Credit 1,432 132.72% 0.07 140.00% 0
Green Party 211,931 175.85% 10.62 200.38% 13
Labour Party 541,499 57.89% 27.13 66.01% 34
Libertarianz 1,405 148.52% 0.07 175.00% 0
Mana 19,898 new 1 new 1
Māori Party 26,887 55.71% 1.35 63.68% 3
National Party 957,769 107.64% 47.99 122.74% 60
New Zealand First Party 135,865 104.42% 6.81 119.06% 8
United Future 12,159 19.98% 0.61 22.85% 1

 

Official results from the NZ 2008 general election, sorted by votes:

Party List
Parties(Grouped)  Seats Allocated  Votes  Percentage
Independent 0 0 0
The Republic of New Zealand Party 0 344 0.02
OneNZ Party 0 478 0.02
99 MP Party 0 601 0.03
Direct Democracy Party 0 782 0.03
Libertarianz 0 946 0.04
Democrats for Social Credit 0 1079 0.05
New Zealand Family Rights Protection Party 0 1178 0.05
Alliance 0 1641 0.07
Christian Heritage NZ 0 2821 0.12
Aotearoa Legalise Cannabis Party 0 5748 0.25
Destiny New Zealand 0 14210 0.62
Jim Anderton’s Progressive 0 26441 1.16
ACT New Zealand 1 34469 1.51
Maori Party 0 48263 2.12
United Future New Zealand 2 60860 2.67
Green Party 6 120521 5.3
New Zealand First Party 7 130115 5.72
National Party 17 889813 39.1
Labour Party 19 935319 41.1



 
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