ALCP: Jail Sentence for candidate flies in face of Law Commission and Bill of Rights

The New Lynn candidate for the Aotearoa Legalise Cannabis Party (ALCP) Dakta Green has had his election campaign directly undermined by the Crown after he was sent to jail last week.

“The party is shocked at the severity of the sentence - 8 months jail - received by Dakta Green in the Auckland Court,” said ALCP deputy leader Mike Britnell.

“Dakta Green could only be accused at worst, of - ‘Social Dealing’ which the Law Commission Report recommends should not be an imprisonable offence.”

R66 “There should be a statutory presumption against imprisonment in cases of social dealing”. The Law Commission Report 2011 – ‘Controlling and Regulating Drugs - A Review of the Misuse of Drugs Act 1975’. Page 29.

“His sentencing has directly influenced a democratic election process. It has had a detrimental impact on his ability to campaign for election to parliament”

“Dakta Green has shown himself to be a responsible host of a type of R18 Cannabis Café called a Daktory, which is allowed in other countries of the world.”

“Dakta Green is not a criminal but standing up for his and other cannabis consumers rights. The policy to imprison people in this country for their political beliefs is just as bad as any other undemocratic country in the world that does this.”

“Locking up Dakta Green for his political beliefs, is equal to locking someone on the base of colour, race, religion or politics, going against the following articles of the NZ Bill of Rights.”

Article 9:’ The right not to be subject to torture or to cruel degrading or disproportionately severe treatment or punishment.’

Imprisonment for using and sharing an herb is disproportionately severe.

Section 13 – ‘The right to freedom of thought, conscience, religion and belief including the right to adopt and hold opinions without interference.’

It is gross interference to threaten people with jail for their political cannabis opinion.

Section14 – ‘ Freedom of Expression, including the freedom to seek , receive and impart information and opinions of any kind in any form.’

Dakta Green had the right to have his opinions about cannabis and his form of expression about cannabis,

Section 15 – ‘Religion and Belief, the right to manifest that persons religion or belief in worship, observance, practice or teaching, either individually or in community with others, either in public or private.’ Section 16 – ‘The Right of peaceful Assembly’ Section 17 - ‘The Right of Freedom of Association’ Section 19 – Non Discrimination and Minority Rights guarantees freedom from discrimination. Section 22 –‘The Right not to be arbitrarily arrested or detained.’

“All of the above rights of Dakta Green and other cannabis consumers are being violated by the current system. Unfortunately arrest and imprisonment for use of the herb cannabis is so commonplace with over 150,000 arrests over the last 10 years that, people have become numb to the misery and cost prohibition is causing to our community.”

“The Law Commission Report has given us an opportunity to change this violent, discriminatory, expensive and fascist law. We wait impatiently for enlightenment to shine into this dark age of oppression and chaos.”

“Free Dakta Green.”

ENDS

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