CANNABIS LAW FACES COURT CHALLENGE

Possession of a small amount of cannabis for personal use could be
decriminalised in the UK if a court challenge under the Human Rights Act
succeeds.

A similar challenge in Germany led to a ruling by the German constitutional
court in 1994 that turning people who were found with limited quantities of
cannabis into criminals was unconstitutional.

The ruling was made under the German basic law, which is similar to the
European convention on human rights. The convention became part of UK law
last October, when the Human Rights Act came into force.

The civil rights organisation Liberty is backing the defence of Jerry Ham,
former director of the homelessness charity Groundswell, who faces a jury
trial at Southwark crown court next month for possession of 1.8 grams of
cannabis.

His QC, Owen Davies, will argue that the prosecution breaches article eight
of the convention, the right to respect for private life.

The convention makes it unlawful to interfere with the right except "in the
interests of national security, public safety or the economic well-being of
the country, for the prevention of disorder or crime, for the protection of
health or morals, or for the protection of the rights and freedoms of others".

Under the convention, any restriction must be a proportionate response to
the threat posed. The judge will be asked to leave it to the jury to decide
whether a conviction-which could affect Mr Ham's job prospects and bar him
from the US - is a proportionate response to the threat of cannabis to society.

His lawyers will cite the German court ruling, which decided that the use
of the criminal law, including the stigma and stress of prosecution and a
possible penalty, was not proportionate to the risk to society from cannabis.

Leslie Iverson, visiting professor of pharmacology at Oxford University and
specialist adviser on cannabis to the House of Lords science and technology
committee, will give evidence as an expert witness for Mr Ham.

In a statement, he said numerous studies showed little evidence that the
drug had long term effects on health or work performance, that users -
unlike those who abused alcohol, which is legal - were not prone to
violence and aggression, and fears that it would lead to hard drug use were
not borne out. Most cannabis users gave up in their 30s, he said.

Mr Ham, 34, was returning last June to his London home from a trip to the
Isle of Wight when he was questioned by police at the City of London's
security cordon. He admitted having a small amount of cannabis for personal
use but refused to accept a police caution.

Since the German constitutional court's ruling there have been almost no
prosecutions in Germany for personal use of cannabis, although the crime
remains on the statute book.

The Netherlands decriminalised possession of cannabis in 1976, and Belgium
recently followed suit for everyone over 18. Switzerland, Italy, Spain and
Portugal are considering decriminalisation.

Mr Ham's lawyers will argue that the Human Rights Act creates a general
defence that criminal proceedings interfere with a right protected by the
European convention.