Med MJ Czech Republic Legalizes Medical Marijuana Cultivation

[D.U.M.B]

Source: http://bbsnews.net/article.php/20080317120515481
Date: March 17th

High court declares the cultivation of cannabis for medical purposes to be legal

According to a report by Radio Praha of 4 March the high court ruled that the cultivation of cannabis for medical purposes is not a criminal offence. The court had to decide on the case of a woman, who had been convicted by a lower court but referred to the fact that she intended to use the cultivated plants for the alleviation of skin and stomach problems and not for the production of psychoactive effects. Cannabis is increasingly used for medicinal purposes in the Czech Republic.

The mere discovery of the plants was not sufficient for conviction. Rather, it would have been necessary to prove the intention to make marijuana from the plants. Cultivation of hemp for the production of skin ointments would however constitute only a small public hazard and it would not be reasonable to criminalize it, the judgment stated. The case has now to by retried by a lower court.

Reputation Comments on this post:

	Very interesting article. Thanks for posting.
	Interesting, thanks for sharing.

[Pondlife]

This is interesting news, and I'd like to hear from anyone who has any further knowledge of this case or clarifications of the judicial process that has been followed here.

[Lunar Loops]

Here's an article relating to the same story from stopthedrugwar.org :

Czech Supreme Court Throws Out Medical Marijuana Grow Conviction

The Czech Supreme Court has reversed a pair of marijuana cultivation convictions against a 57-year-old retiree who grew the plants to treat her ulcers and foot pains, Czech Radio reported Monday. The high court has ordered the Prague Municipal Court to reexamine the case.
The unnamed woman from a village in Central Bohemia grow some 70 marijuana plants in her vegetable garden. A regional court in the town of Nymburk twice found her guilty of illegal possession and production of marijuana. She was given a suspended two-year sentence, but appealed to the high court.
The ruling was hailed by drug reformers, who said it could set an important precedent. The ruling could mean courts would have to examine cultivation cases on an individual basis to see if there was a medical defense.
"I think this is a very important decision and I hope everybody, I mean the police and lower courts, will accept it," said Ivan Douda, a founder of a Prague drug clinic. "We were waiting for this ruling for a long time. As it is now, many Czechs are using cannabis for medicinal purposes and they have to grow it illegally. It is a very bad thing if law doesn't respect this reality and if people can't use something that is good for their health."
The Supreme Court ruling does not make marijuana cultivation legal, but does appear to offer a sort of medical necessity defense. Under current law, pot growers face up to five years in prison. But Czechs are among the most prolific marijuana smokers in Europe, and pressure has been mounting for marijuana law reforms there. Last summer, deputies introduced a bill that would dramatically lower penalties for possession and small-scale cultivation, but it has not been acted on yet.