Belgium - Trekt Uw Plant Tests The Law For The Second Time

[Encod]

Dear friends,

Herewith I send you the press release on the forthcoming action of Trekt Uw Plant (Draw Up Your Plant), the fitst Cannabis Social Club in Belgium. Please feel free to distribute it, you can also find it on http://www.encod.org/info/TREKT-UW-P...E-BELGIAN.html

Best wishes,

Joep

Antwerp, 21 April, 2008

TREKT UW PLANT TESTS THE BELGIAN DRUG LAW FOR THE SECOND TIME

How will legal authorities react?

On Saturday May 3d, 2008, from 14.00 onwards, on the Vrijdagmarkt in Antwerp, Belgium, the members of the association Trekt Uw Plant <http://www.encod.org/info/TREKT-UW-PLANT-BELGIUM.html> (Draw Up Your Plant) will put the seed of their private cannabis plant. According to a ministerial guideline <http://www.staatsbladclip.be/wetten/2005/01/31/wet-2005009061.html> issued by the Belgian state in January 2005 the possession, by an adult, of max. 3 grammes of cannabis and one plant is not persecuted. It can only lead to a simplified police record, but the cannabis will not be confiscated.

This guideline has been issued after 8 years of parliamentary debates, working groups, decrees, a federal drug law and its revision by the Court of Arbitrage (Arbitragehof). The guideline is meant to create a situation in which the individual cannabis consumer (in Belgium there are approx. half a million of them) can provide him/herself in a safe and legal way with cannabis. Thus, he/she would no longer be dependent on the illegal trade in cannabis, with all the risks for public health and safety that this generates.

In december 2006 Trekt Uw Plant established a collective plantation in which one plant per member would be grown. The implementation of this plan was then blocked by the Antwerp legal authorities, and the definitive verdict in this case has not been sentenced yet. Meanwhile, the local judge in Antwerp has confirmed that the right to associate is guaranteed by the Constitution and therefore, that the existence of Trekt Uw Plant as such is illegal by any means.

On Saturday 3 May, there aill be manifestations in more than 220 cities in the world in favour of the legalisation of cannabis, the so-called Worldwide Marijuana March. Besides, on Monday 5 May it is new moon, which is a perfect day to put new seeds in the earth. Therefore, Trekt Uw Plant will use this opportunity to announce the start of the new growing season.

From 14.00 onwards, an artistic and informative programme will unfold with the participation of several Antwerp musicians and poets. Some members of Trekt Uw Plant will each plant their own cannabis seed in a pot. These pots will not be put together in a plantation. Each of the members will keep his private pot with him, and take it home. From each private seed a private cannabis plant will grow. As tolerated by the Belgian law.

We are curious to see how the Antwerp legal authorities will react this time. Will common sense gain, will it be accepted that growing cannabis for personal use is a way in which adult cannabis consumers, many of whom for medical reasons, can enjoy cannabis without becoming involved in crimes or antisocial behaviour?

Or will the legal authorities strike again, arrest the organisers, search their houses, confiscate their computers and tap their mobile telephones etc?. Then it will be crystally clear that 8 years of research, debate and decision-making (paid by the tax payers) will have been of no value at all, and the ministerial guideline of January 2005 can be thrown in the dustbin.

The legal authorities would make clear this way that it is themselves who increase the legal insecurity and disequality in Belgian society. Police commissioners of Brasschaat and Meulebeke declared on 11 august and 14 september 2007 in the Belgian press that they would respect the principle of growing cannabis for personal consumption. If the Antwerp authorities would not, the only ones that would profit from this are the illegal cannabis traders, who would have a serious competitor eliminated.

We call on everybody who wishes to support our initiative to become a member of our association. From 3 May onwards the members receive a welcoming package with which they should in principle be able to grow an outside plant .

On behalf of Trekt Uw Plant

Kris Verdonck, Philippe Decraene and Joep Oomen

Lange Lozanastraat 14

2018 Antwerp

Belgium

info@encod.org <mailto:info@encod.org>

[Lunar Loops]

I think for any Belgian members out there, this is an excellent initiative.

I was unaware of the Belgian legislation enabling an individual to have up to 3 grammes of cannabis and one plant without being prosecuted.

I have a few questions if I may, as my Belgian is non-existant and I can therefore not understand anything on the link to the peice of legislation:

What is a simplified police record? Is it the equivalent of a caution (i.e. little more than a slap on the wrist) and how long does it stay on your record (12 months?)?

Is the 3 grammes limit in addition to however many grammes you may have on the plant (obviously this could be much more than 3gm)?


I can see them seeing this as a threat to their authority, but by the letter of their law nothing criminal would be taking place. I think this is a very sensible piece of legislation and I hope that it is not proven to be empty and worthless.

[Encod]

Originally Posted by Lunar Loops

I think for any Belgian members out there, this is an excellent initiative.

I was unaware of the Belgian legislation enabling an individual to have up to 3 grammes of cannabis and one plant without being prosecuted.

I have a few questions if I may, as my Belgian is non-existant and I can therefore not understand anything on the link to the peice of legislation:

What is a simplified police record? Is it the equivalent of a caution (i.e. little more than a slap on the wrist) and how long does it stay on your record (12 months?)?

Is the 3 grammes limit in addition to however many grammes you may have on the plant (obviously this could be much more than 3gm)?


I can see them seeing this as a threat to their authority, but by the letter of their law nothing criminal would be taking place. I think this is a very sensible piece of legislation and I hope that it is not proven to be empty and worthless.

Thanks for your encouraging words my friend. Just to explain: a simplified police record (vereenvoudigd proces verbaal / proces verbal simplifié) is simply a registration of the fact by the police, it does not lead to any persecution, and does not end in any kind of criminal record. The police is not allowed to take away your cannabis if they catch you with this amount (and there are no aggravating circumstances)

Of course it is still a very bizarre situation: if you have one plant it is allowed, but if you harvest it you automatically are on the wrong side as you have more than 3 grammes. I myself was caught with one plant and 3 grammes in december 2006, when we did the first action. I was not punished or sanctioned.

Best wishes,

Joep

[Lunar Loops]

Originally Posted by Encod

Thanks for your encouraging words my friend. Just to explain: a simplified police record (vereenvoudigd proces verbaal / proces verbal simplifié) is simply a registration of the fact by the police, it does not lead to any persecution, and does not end in any kind of criminal record. The police is not allowed to take away your cannabis if they catch you with this amount (and there are no aggravating circumstances)

Joep

OK, sorry to keep asking, but just to clarify further. I realise there is no prosecution, but the police do register the fact. How long do they keep this record of the fact that you were found with cannabis below 3g on file? Does anything happen if you get recorded with less than 3g on several occasions over a period of time?

[Encod]

Originally Posted by Lunar Loops

OK, sorry to keep asking, but just to clarify further. I realise there is no prosecution, but the police do register the fact. How long do they keep this record of the fact that you were found with cannabis below 3g on file? Does anything happen if you get recorded with less than 3g on several occasions over a period of time?

Hi,

No idea. There is nothing written about it as far as I understand. I guess in practice never ever anybody got in trouble because of the fact that he/she had received a simplified record on cannabis. The police will have noted it, perhaps just in order to warn the individual, but then not even registered it at the office. In two opportunities last year, policecommissioners in the towns of Brasschaat and Meulebeke were reported in the Belgian press saying that they do not intervene in cases of possession and even cultivation of cannabis for personal use.

Of course this all counts for adults: for under 18s cannabis remains forbidden.

bw

joep

[Lunar Loops]

Many thanks for the replies. I hope this policy stands up to scrutiny as it seems a very sensible approach to policing.

I have no problem with it still being illegal to under 18's, that is in line with legislation on alcohol.