Challenging the law in a court directly is not possible, however well prepared the evidence.Even challenging the law using the law (Human rights) has proved to be extremely difficult, frustrating and expensive as cases are consistently adjourned and this game of cat and mouse could go on for years.
We have determined that the best way forward would be to implement judicial reviews to challenge the inclusion of cannabis within both the Misuse of Drugs Act 1971 and Section 5A/6 of the Road Traffic Act 1988 under the Human Rights Act 1998. These judicial reviews would have the opportunity to seek a ‘declaration of incompatibility’ and thus find the subordinate legislation to be unlawful.
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