MEDIA SAVVY
WHO’S BEEN SAYING WHAT..?
Of course, somewhere in a drug addict’s fuddled mind they will
want to keep their children. But the fact is, a heroin addict
stumbles through each day shoplifting or working as a prostitute
to feed their habit. Making enough money for drugs is their first
priority – not their child… When are we going to realise allowing
drug addict parents to keep their children just doesn’t work? It
will never work. A drug addict will sell everything to get their
next fix. They will steal from their parents, sell the furniture –
they will sell their child if it comes to it.
Anna Smith,
Daily Mail
, 13 January
As a lowly parliamentarian, David Cameron was part of a
committee that recommended that the government begin a
discussion within the UN on ‘the possibility of legalisation and
regulation’ of drugs. As prime minister, he keeps quiet. In
opposition his deputy, Nick Clegg, declared: ‘the so-called war on
drugs is failing.’Yet on a visit toMexico last year he had only praise
for the ‘courageous’ battle, which has produced a murder rate over
15 times Britain’s. Doubtless he will be forthright in his memoirs.
Economist
editorial, 21 January
It took 14 years for America’s leaders to repeal prohibition. After
50 years of the failed drug war, it is time for today’s leaders to find
the courage to speak out.
Richard Branson,
The Telegraph
, 23 January
This week it was disclosed that there are at least 190 families
nationwide with ten or more children living on state benefits to
the tune of £61,183, tax- free. To take that home in the real world,
you would need to be making about £100,000 and seeing as most
of these lazy losers struggle to get their considerable backsides
off the sofa to reach for another cut-price lager, it’s highly unlikely
they will ever waddle off to work.
Nick Ferrari,
Daily Express
, 15 January
For most of us, Mexico is reduced several times a week to a
sickening barrage of horror flick headlines. Thirty-five bodies left
on the freeway during rush hour in a major tourist city. A person's
face sewn onto a soccer ball. Bodies found stuffed in barrels of
acid. Heads sent rolling onto busy nightclub dance floors. What
could explain such savagery? Traffickers don’t have a political or
religious ideology like al Qaeda. The answer, some experts say, is
a number. Something like $39bn. That’s the top estimated
amount Mexican and Colombian drug trafficking organisations
make in wholesale profits annually.
Ashley Frantz,
cnn.com
, 15 January
Most youth justice resources are concentrated on the incarcer-
ation stage but, when released, children – often returning to
neglectful, chaotic or addicted families – frequently revert to old
behaviours because of a lack of support.
Mark Johnson,
The Guardian
, 17 January
Where is the ‘quality evidence base’ for alcoholics to justify
treating them with alcohol? Does it exist? Of course not. But
doling out heroin on the state is dressed up to be different. It is the
last ditch and desperate investment in a treatment approach that
doesn’t work. It’s the latest expensive scheme to avoid admission
that ‘harm reduction’ – giving opiates to addicts – doesn’t work;
that our national health policy makers have been barking up the
wrong tree for years now.
Kathy Gyngell,
Daily Mail
, 2 February
Reader’s question:
I use cannabis for medicinal purposes and sometimes grow a few plants
so I can be more certain about the quality of what I smoke. It’s all for
personal use – I never give or sell any to anyone else. I’ve heard that
there are new sentencing guidelines coming into force andwonder, how
will this affect me if I get caught?
Kirstie says:
The Sentencing Council has produced comprehensive guidelines for drugs offences,
which will come into force from 27 February 2012. They will apply to anyone
sentenced for a drug offence after that date, regardless of the offence date.
For a cultivation/production offence (which is what your conduct would amount
to) the guidelines look at the role of the offender, and the amount of plants grown
(the scale of the operation) to reach a starting point for sentence, within a specified
range. This can then be increased or decreased by aggravating and mitigating factors.
As someone growing solely for yourself, you would be considered to be in a lesser
role as long as the circumstances support this. Additionally, if growing up to nine
plants you would be placed in the lowest category of harm (the more plants the higher
the category). As such, the starting point for sentence would be a ‘band C’ fine, which
is equivalent to 150 per cent of weekly income, and may be paid in instalments. The
sentencing range extends from a discharge (no punishment as long as a further
offence is not committed within a particular period) through to a medium level
community order. This could incorporate various requirements including supervision by
the probation service, treatment through a Drug Rehabilitation Requirement and
unpaid work. This is not too different from the current magistrates’ court guidelines –
the range of sentence at each end is just slightly extended.
The court will also take into consideration any factors which make the offence
more or less serious and move up or down from the starting point accordingly.
Unfortunately medicinal use of cannabis is not a mitigating factor for a
cultivation/production offence, though it can be for simple possession matters. The
sentence starting point for possession of cannabis will be a ‘band B’ fine (equivalent
to 100 per cent of weekly income) – this is no change from current practice. Please
note that it is possible to be prosecuted for cultivation/production for any plants
found and a separate offence of possession for any dried amount.
It is important to remember that even though prosecution for cultivation/
production of cannabis may not result in a particularly harsh sentence, it is still a
criminal offence and can result in a criminal record. It is therefore always advisable to
seek legal advice if arrested.
Email your legal questions to claire@cjwellings.com.
We will pass them to Kirstie to answer in a future issue of DDN.
For more information about benefits and incapacity to work through substance
misuse please contact the Release legal helpline on 0845 4500 215.
February 2012 |
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Media Savvy |
Legal
LEGAL LINE
WILL MY CANNABIS PLANTS
LAND ME IN JAIL?
Release solicitor
Kirstie Douse
answers your legal questions
in her regular column