Cannabis activists are asking to be prosecuted for possession of the
drug in an extraordinary bid to break down the laws on
prohibition.

The move follows a wave of optimism in the cannabis legalisation
movement, which supporters see as akin to the civil rights campaigns
that led to the legalisation of homosexuality and women's right to
vote.

For the first time in Britain, cannabis campaigners will stand in a
general election, fielding up to 100 candidates.

The police and Crown Prosecution Service have become increasingly
unwilling to prosecute for possession of cannabis. Juries now
routinely acquit users who plead innocent on the grounds of medical
necessity. Rather than take people to court, police are issuing
cautions, which last week the Government announced would no longer
mean carrying a criminal record for life.

However, activists are demanding to be prosecuted so that they can
plead innocent under the new Human Rights Act, which prevents the
Government from unduly interfering in the private life of an
individual. There are at least half a dozen cases going through the
courts where activists have refused cautions and deliberately admitted
to using cannabis in order to test the Act. They are confident of victory.

Neil Morgan, a cannabis user in south Wales, is being prosecuted for
possession after resisting an attempt by police to drop the case. He
said: 'Going to court is a golden opportunity - it's the only way
we'll change anything. We've waited a long time for this.'

The civil rights group Liberty is supporting the case of Jerry Ham,
the founder of a homeless charity who is facing prosecution for
possession of 3g of the drug. When he was caught by police, Mo Mowlam,
the Cabinet Minister in charge of drug enforcement, who knew him
through his work, phoned him to offer condolences.

Lawyers believe defeat for the Crown Prosecution Service under the
Human Rights Act would unravel the drug prohibition laws. The number
of CPS prosecutions for possession of cannabis has dropped
dramatically, prompting campaigners to accuse it of trying to avoid
defeat.

Roger Warren-Evans, a barrister on the council of Liberty, said: 'The
Crown Prosecution Service know that, for any simple case, it could
provoke a human rights defence. They're backpedalling so they don't
get caught with a sucker punch on possession. It would unravel all the
rest of the prohibition laws.'

Daniel Westlake, a 21-year-old building labourer, is thought to be the
most likely to bring a change in the law. When caught with a small
amount of cannabis, he refused to accept a caution and pleaded not
guilty under the Human Rights Act. His case is soon to come before the
Court of Appeal, which has the power to declare the Misuse of Drugs
Act incompatible with the Human Rights Act.

Many police forces have effectively given up enforcing the laws on
cannabis possession. Two chief constables, one acting and one retired,
have called for its legalisation. A Police Federation report last year
called for its decriminalisation, although the Government last week
announced it would ignore its recommendations.

As a result, campaigners are becoming increasingly open about using
and growing the drug. Colin Davies, founder of the Medical Marijuana
Co-operative is growing plants in Manchester to supply - illegally -
more than 100 people with medical conditions. He has been prosecuted
three times, and the jury has acquitted him on each occasion. He is
now thinking of importing the drug from mainland Europe. 'I think the
juries will be just as sympathetic,' he said.

Even social users are openly challenging the police. Mark Gibson, a
prospective parliamentary candidate for the Legalise Cannabis Alliance
in Cumbria, and a regular user, said: 'There are many more people
standing up and being counted. If the police want to arrest me they
can, but they don't pay any attention to me any more.'

A cannabis rally is being organised in London in May, in full
cooperation with the police. A separate march on Downing Street is
being planned.

Attitudes have changed dramatically both in the UK and abroad. Last
year, a third of the Shadow Cabinet admitted to having tried cannabis.
Last month, Belgium legalised the drug, following a similar move by
Switzerland last year. Portugal, Spain and Italy have all
decriminalised possession of cannabis. Holland has officially
tolerated the drug for years.

Warren-Evans says the Human Rights Act would force Britain to follow
Europe: 'The cool neutrality of the courts will get the politicians off the
hook. That will happen before the end of the year. The whole apparatus of
prohibition will fall.'