Could we use the European Convention on Human Rights to legalise marijuana?

Discussion in 'Marijuana Legalization' started by jailbird, Jan 12, 2012.

  1. I got thinking about whether anyone should have the right to deprive someone else of a possession that has no influence on the outside world whatsoever.

    When I smoke, I do so in my own home, generally on my own, occasionally with other consenting adults. I also grow a few plants, just for myself.

    I looked up the European Convention of Human Rights to see whether I had a human right to do this and therefore whether I had a legal defence if ever challenged by the law. I reckon I'm on to something...

    This is Article 1 of Protocol I to the ECHR:
    European Convention on Human Rights - Wikipedia, the free encyclopedia


    This 'and' is very important:


    I accept that possessing mj and mj plants is against the law so they got me on the second part of that sentence. But would depriving me of my mj and mj plants be in the public interest? I would argue that some European states have decriminalised possession of small quantities marijuana and have thereby accepted that depriving someone of small quantities of marijuana is not in the public interest.

    And for the plants, I possessed the seeds legally and then germinated them which turned them illegal. Does germination and cultivation not simply mean my peaceful enjoyment of my legally possessed seeds?

    So if the cops were to bust a personal grow op in someone's house, would it breach their human right 'to the peaceful enjoyment of his possessions' and their human right to not 'be deprived of his possessions except in the public interest'?
     
  2. Considering the single convention narcotics act is also an "international treaty" upon which global prohibitiion is advanced and enforced, I don't give another International treaty much chance of "un-doing" another.

    Found this portion under "Protocal 7: Crime and Family:"
    Sounds like its the equivalent of feel-good butt wipe, unfortunately. :cool:
     
  3. this is a possibility, but this legalization would happen in the WORST possible way, because now we would need an international comittee on what laws are just and unjust, this could be expanded to a global congress, which would effectively make every "soverign" nation equivalent to a state in the United States. I always thought that more freedom meant less government. how would adding a global government help there?
     

  4. I see it as back door legalisation. I think one could use this to get off a charge of growing or possession in your own home and therefore possessing or growing weed in your own home would be de facto legal.

    If anyone ever does get caught in the above circumstances I think it would at least be an interesting test case. It would be an expensive defence to mount but if successful the positive repercussions would be HUGE.
     
  5. Read the single convention narcotics act/treaty that all this global prohibition is based upon if you haven't already, and also published interpretations of it. The treaty states the goal to be to going after criminal organization and traffickers, not the home hobbyist or recreational/occasional user. It has been a matter of contention amongst the "member states" previously. Hopefully more dissent is growing in those circles than consensus right now. But as it stands, they crack down on individuals in America and the world in exchange for their funny monopoly money to their puppet governments who rubber stamp all this shit. :rolleyes:
     

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