Cannabis and the Human Rights Act

R – Regina v Neil Morgan
Swansea Crown Court – 24/09/01

In this case Neil Morgan was charged with possession of 14g of herbal cannabis and cultivation of one cannabis plant which at the time of his arrest was just a cannabis stalk in a flower pot. Neil pleaded not guilty and elected for trial at the Crown Court and the trial took place on 24/09/01. Neil argued that the indictment should be stayed as an abuse of process as in the circumstances of his case, criminal proceedings could not be justified under Article 8(2) of the Human Rights Act 1998 (the right to respect for ones private life). The main thrust of Neil’s case was that his prosecution, restriction of liberty, appearance before the court and conviction was a disproportionate application of the criminal law and an infringement of his private life. With a conviction would come an adverse effect on his career and job prospects and his prospects of travelling abroad.
It was submitted that the smoking of cannabis in the privacy of a persons home comes within the sphere of private life as encompassed by article 8.
After very lengthy legal arguments in the Crown Court the learned judge ruled that article 8 of the Human Rights Act was not engaged at all and alternatively the prosecution was not disproportionate in any event.