2015: Dušan Dvořák, MMCA & Cannabis is The Cure, z.s & Cannabis Bestseller (a documentary film with English subtitles ) & Cannabis Bestseller Tour (documentaries in Czech)
Dear colleagues and friends,
I warmly greet the ENCOD conference and I wish success and achievements to your negotiation.
Let me kindly ask you and the conference committee to consider the adoption of conference´s resolution in the matter of real legal change of European policy related also to the change of United Nations policy towards cannabis in March 2016 in Vienna (and NY). At first, I would like to briefly introduce myself and subsequently put forward a proposal for a basis for the decision of the conference and also I would like to substantiate some things including my personal experience in the matter in the text which will be translated in following period.
I greet your conference as an addictologist, therapist and the head of the legal, scientific and economical research Cannabis is The Cure, as Capo di Tutti Capi Canabis Therapy [see http://echr-coe-int.blogspot.com/ in English and French] behalf Open Royal Academy Association implementing this research [see http://court-european.blogspot.com/ in English and French] and also as High priest behalf European Cannabis Church [see http://european-cannabis-tour.com/ - in preparation for the October 28 2015]. The research results  can be found in English on Czech websites http://www.konopijelek.cz/ in Documents section and the study at the first article "Cannabis is The Cure".
I suggest you to adopt a resolution in which ECOD promotes the adoption, approval and subsequent distribution of the text of European Union citizens´ initiative [EC Regulation No. 211/2011] at November 8 2015 at the Cannafest conference in Prague with the ambition to get at least 3 million signatures of Europeans with their identification under EU law within one year from the notification of the text and formalities given citizens´ initiative of the European Commission. This will commit EU parliament to change the European politics when 1 million signatures is crossed and meet the mandatory quorum in seven EU countries.
Our cause and law enforcement in Europe is solvable only legally.
The law is clearly on our side, on the side of citizens and civilized right.
Working draft of the European citizens´ initiative title, which is given to a critical discussion as well as the text, is:
"Europe for Cannabis - Cannabis for Europe"
|In Amsterdam September 26, 2015|
Working draft of the European citizens´ initiative text:
"We Europeans listed below, ask the European parliament, in accordance with the conclusions of Catation’s report approved by the European parliament in 2004, which however EU member countries never implemented into their policies (guaranteed rights of European citizens are in the long term and sometimes very brutally abused), to approve the decision which under the sanction enforcement and justice oblige the EU member countries to
- Immediately stop any criminalization, restriction of human rights and confiscation of growers and processors of cannabis and other natural substances properties at the date of the decision of the EU Parliament for this citizens’ initiative, unless it is at first documented the damage or damage to a victim of the conduct by state authorities; and the Member countries should immediately release all prisoners from prisons whom has not been documented that their behaviour caused harm to anyone or damage of guaranteed rights.
- To annul the legislative prohibition of cannabis therapy, cannabis and other natural substances for therapy research not later than a year after the decision of the EU to this citizens’ initiative and to replace the prohibition by regulation which does not infringe fundamental human rights.
- To completely annul the legislative prohibition of growing, possession and processing of cannabis and other natural substances for personal, cultural, social, religious and other purposes and replace the prohibition by regulation which does not infringe fundamental human rights including ensuring the availability of cannabis and other natural products and their products to EU citizens through individual, familiar, collective, community and also commercial cultivation and processing not later than a year after the decision of the EU to this citizens’ initiative.
Organizing committee of citizens’ initiative should have at least 7 members from various EU countries [some must be kept as alternates]. It is necessary to have simple and user friendly web sites, volunteer, IT specialists, translators, PR, authorities and celebrities in respective countries.
Thank you for your attention and interest and I bid you farewell
|In Luxembourg September 18, 2015|
Cannabis is a cure for our planet, our own country and national economy and effective drug in human and veterinary medicine and healing. Cannabis not only treats cancer. Don´t let them to take our rights /Let us not been taken the rights/ which belong to us.
Personal experience in the matter
Dear members of ENCOD and conference and I submit above-mentioned proposal as a human being who founded several NGOs since 2000 on the Cannabis Social Club principles to implement research and education in cannabis therapy area and availability of cannabis as widely and variously useful crop, and who
- was after publishing the research after the judgments of Supreme Court [High Court] of the Czech republic about the non-criminal cannabis therapy in 2008 and after obtaining the governmental award for education and enlightenment of cannabis therapy in 2009 till 2010 several times [7x] accused for research and delivery of the cannabis product for research and education to the draft summary punishment over 30 years in prison according to high rate and almost 10 years in prison according to low rate [has never been in prison] and whom
- was since 2009 till 2015 with the approval of the court [illegally] confiscated more than a tonne of cannabis and cannabis product from the research farm in Ospelov [Moravia] and educational clinics in Prague and who in this matter
- leads since 2010 dozens of judicial and hundreds administrative proceedings per year not just in Czech republic and whom
In Prague September 11, 2015the Czech republic repeatedly tried since 2012 and is still trying to get rid of the legal competence after documented evidence of legal unenforceability of prohibition and criminalization of cannabis to Czech and European institutions and courts [followed by changes of Czech legislation at points of defense] and adoption of [illegal] law denying the right of Europe and EU to a hemp as tradable drug for pharmacies in 2013 [cannabis in pharmacies is absolutely non-affordable to the citizens, cannabis type and product in pharmacies is completely professionally unsubstantiated. Given unannounced unenforceable law is grossly inconsistent with the drug law and it goes against the interests of society and citizens and is still prohibiting the research] and whose
- seven complains against violation of cardinal articles of European Convention on Human Rights since 2012, such as the right to life and prohibition of torture is a result of confiscations documented by doctors and also film documentation were always refused to be discussed by European Court of Human Rights without any justification in Strasbourg, as well as the Constitutional Court of Czech republic and whom
- Czech Republic and European Commission are repeatedly since 2010 illegally rejecting the access to the EU Court of Justice, where the direct actions of violation of EU law cannot be submitted. In case of the right of 28 European countries associated in the European Union is prohibition and criminalization of not only cannabis EU law violated completely cardinally and this illegal action of EU countries was condemned by EU case law and conclusions of Catanion´s report agreed by EU parliament in 2004, I completely contradict to such actions of the executive, court and legislative bodies.
The key period
We are living in revolutionary times, because we can see, that
- UN in 2016 is re-categorizing cannabis into the group of substances not subjecting to strict control, because that state is legally, professionally and morally untenable and the evidence exists more than 30 years, but legal systems work steadily and they are very conservative to changes.
- The Council of the states in the world is considering or already accepted the steps demonstrating an interest in the legal solution of this matter and replace the prohibition into regulation for stopping the tragedy, crime and damages on private and public budgets. This among others demonstrates that UN Conventions on drugs are grossly inconsistent with a number of other UN Conventions and international commitments of EU member countries.
- Now in time of promising changes is the research prohibited, or administratively completely complicated and the citizens are exposed only to commercial and consuming way of consumption in contravention of professional practice and sources and the guarantees of the right of civilized nations.
|In Ospelov August 21, 2015|
10 years of silence
Catanion´s report approved in 2004 by European parliament proposed changes, which were never applied into policy of member country and documented and proposed to implement
- the benefit of regulation against the criminalization and prohibition
- the benefit of harm reduction program against criminalization and prohibition
- the benefit of research and respect of human rights against human tragedies and damages from criminalization and prohibition
The key legal standards of the EU
- European convention on Human Rights and Article 34 of the TFEU [the Lisbon Treaty] in the matter of competition and free competition
- Case law on notification of changes in law on addictive substances of EU member countries in matter of production of cannabis as a product according to the obligation 98/34, which is not always respected by EU states – unenforceability of given law: EU Court: Ref C-194/94 and C-390/99. The EU Court applied the consequences of notification violation under 98/34/ES Directive in criminal disputes under ref C-267/03 and C-20/05.
- EU Court judgments in matter of free cultivation and operation of non-certified varieties of plants [European Court of Justice, Ref C 59/11, Association Kokopelli against Graines Baumaux SAS] and the right for research and treatment by cannabis [European Court of Justice, Ref C 137/09, Josemans, paragraph 36]
- If there is a breach of EU law, there must be a compensation for damage. Decision of Europepan Court of Justice ref C-224/01 (Köbler)