Newsbrief:
Belgian
Cannabis
Clarification
Now
in
Effect
2/4/05
https://stopthedrugwar.org/chronicle-old/373/belgium.shtml
Belgium
passed a law decriminalizing the personal possession of marijuana under
most circumstances in January 2003, but parts of that law have been
in limbo since October, when the Belgian Court of Arbitration, which reviews
new legislation, declared it unconstitutional because of vagueness and
ambiguity in the wording of the law.
For instance, while the law
made clear that most people should not be arrested for simple marijuana
possession, it said they could get busted if their use was "problematic."
The court found that description unclear. As a consequence, Belgian
prosecutors decided they could not apply that section of the law.
This week, the Ministry of
Justice and the Public Prosecutor's Office moved to clarify the situation,
the online news service Expatica reported. Justice Minister Laurette
Onkelinx and the prosecutor's office issued a joint directive specifying
that anyone caught with less than three grams of the weed or growing one
plant to supply himself should receive the lowest form of sanction, a verbal
warning. Under the directive, police cannot confiscate the weed if
it is less than three grams. The clarification went into effect immediately.
People can still be punished
more severely if they are smoking pot near a school or youth center, in
a public place, or in prison.
The Belgian law makes no
provision for marijuana sales. At the time of the law's passage in
2003, Health Ministry spokesman Paul Geerts recommended that pot-hungry
Belgians could "grow it for yourselves or buy it in the Netherlands."
Now, would be growers can rest assured that they can grow at least one
plant without fear of police reprisal.
-- END --
Issue #373
-- 2/4/05
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