Moral victory for Belgian cannabis activists

[Courtesy of European Coalition for Just and Effective Drug Policies] Dear friends, At the courtcase against the first Cannabis Social Club in Belgium, Trekt Uw Plant, that started yesterday for the local courts in Antwerp, the defense leads 1-0 for the time being. In the court session, that lasted 1.5 hours, it appeared quickly that the DA, Olivier Lins, had not been able to find any other argument to get us convicted than the accusation of committing the crime of possessing and producing cannabis 'in group'. According to Lins, Trekt Uw Plant is in fact a criminal organisation which has deliberately planned to carry out a criminal act. According to the prosecutor, this is an aggravating circumstance, which means that the ministerial guideline which implies that the possession of max. 3 grammes or one plant is not being prosecuted does not apply here. The prosecutor requested the following sanctions: dissolution of the association, 'forced social labour ' of resp 60 and 80 hours for 2 of the 5 members of the association who had been convicted for drug related charges before (years ago), and no sanctions for the 3 other members. Our lawyer, Tom Goossens, made a long and brilliant reply, countering the accusation on three points: - The Belgian legislation on cannabis possession is absolutely unclear. If we are condemned, then one can just as well cut the ministerial guideline into pieces. - The accusation of forming a criminal association is absurd. Our association does not contain any of the fundamental characteristics of a criminal organisation. It would be the same if a group of bank robbers would publish their plans in a press release before and ask (and obtain!) permission for them from the local police. - It is unsure what has to be understood with the term 'cannabis' in the Belgian legislation. If one follows the UN Convention of 1961 (what normally happens) there is just reference to the flowering buds of the plant, not to the seeds or leaves. When we were arrested, the plants were ten centimeters high and did not carry buds. The defense requests absolution. The verdict will take place on 25 April. If we will be condemned we will go into appeal immediately. In the mean time, we prepare other actions to ensure the fight will continue.. More info: http://www.encod.org/trektuwplant3.htm [8] Best wishes, Joep FOR A BETTER SYSTEM: http://www.cannabis-clubs.eu [9] EUROPEAN COALITION FOR JUST AND EFFECTIVE DRUG POLICIES (ENCOD) Lange Lozanastraat 14 2018 Antwerpen Belgium Tel. 00 32 (0)3 237 7436 Mob. 00 32 (0)495 122 644 Fax. 00 32 (0)3 237 0225 E-mail:encod@glo.be Website: www.encod.org [10]