In Israel, there are several Basic Laws that constitute an informal constitution and are considered "stronger" than any other law, so that it is theoretically possible to invalidate any law that contradicts the principles that appear in them.
One of these principles in the Basic Law: Human Dignity and Liberty states that "There shall be no violation of the life, body or dignity of any person as such" and that "no person shall be deprived of or restricted to imprisonment, detention, extradition or any other means to an extent no greater than is necessary "He said.
Is the incrimination of cannabis contrary to the Basic Law?
In principle, it appears that the persecution, incrimination, and imprisonment of civilians who did not harm the other, and in total consumed material that 27% of Israelis consumed in the past year, must meet the definition of "disproportionate harm to a person's liberty."
Can the Criminalization Law be disqualified because it contravenes the Basic Law?
So far the answer was 'no'. The Basic Law: Human Dignity and Liberty was first published only in 1992 and is valid Only to laws enacted after it And not to laws enacted before it, such as the Drug Ordinance, which originated before the establishment of the state, and whose updating was carried out only in 1973.
But recently, with approval The new incriminating law Of Minister Gilad Erdan, a door was opened that the Minister did not understand he was opening. According to 'Green Leaf', since this is a new law enacted after the Basic Law, it is now possible for the first time to file a petition with the High Court of Justice.
In preparation for the submission of the petition in Israel, together with the gathering of expert opinions in the field, including reports from the Ministry of Justice, the Public Defender's Office and others, the intention is to present to the court examples from the Supreme Courts abroad that when they opened this question, In fact the state abolish the incrimination.
Now, for the first time, this list of countries in which courts have abolished the incrimination of cannabis consumers is revealed for the first time on the basis of the sections on human dignity and liberty. "I believe that the justices of the High Court of Justice will be in line with their counterparts in the world who have already done so," said the party's attorney, Dekel Ozer, who is working to formulate and submit the petition.
Alaska, USA - 1975
Although federal law is the determining factor, the Supreme Court of Alaska (which in recent years has approved full legalization) fix In 1975 that holding cannabis for self-use is not a criminal offense. The definition of self-use of cannabis as a criminal offense has been described by the court as contrary to the constitutional right to privacy.
Germany - 1994
Supreme Court of Germany fix That the prohibition on the use of cannabis is contrary to the law of human dignity and liberty, and that such offenses can not be defined as criminal offenses. In most of the 7 judges in favor versus one against it is determined that it is permissible to hold cannabis and its products in small quantities for occasional temporary use.
Argentina - 2009
Supreme Court of the State fix That possession of cannabis in small quantities for self-use is not considered a violation of the law and that the use of cannabis is protected by the Argentine Constitution, which states that "personal acts which do not harm public order or a third party are subject to God's supervision and are beyond the authority of the legislator." According to the court, the prison sentences set forth in the law against the use of cannabis are contrary to the constitution.
Czech Republic - 2013
Supreme Court of the Czech Republic fix That possession or use of cannabis (up to 10 C) or hashish (Up to 5 C) shall be deemed to be self-use only and not a criminal offense. The justices held that possession of only one portion is not an offense at all, as long as it has not been proven.
Columbia - 2015
Government of Colombia Approved More in 2012 non-incrimination full on self-use cannabis, but in November 2015 Supreme Court of the country fix That even an increase of up to 20 cannabis seedlings for self-use is not a criminal offense. The judges accepted the appeal of a citizen who was caught with a number of cannabis plants weighing 124 grams and punished by five and a half years in prison.
Mexico - 2015
The petitioners, who in 2013 sought to establish the Cannabis Club, based their arguments on the constitutional right of "freedom of occupation and personal development", as well as on the inequality between the penalties for the use of cannabis and those relating to the use of alcohol and tobacco. In November 2015, in most of the 4 support against one opponent, Set The High Court of Mexico judges that incriminating possession and growing cannabis for self-use is unconstitutional and constitutes a serious violation of basic human rights.
Georgia - 2016
After the government failed to present factual research support to the claim that a person under the influence of cannabis can cause damage, He ruled A judge of the Supreme Court in the state that every citizen has the right to use various means for relaxation. The court allowed citizens the possession of cannabis in a quantity for their own use, which he defined as 70 made the person at most.
Switzerland - 2017
As early as 2012, the Swiss government determined that the use or holding of up to 10 in Cannabis would result in a penalty of approximately NIS 360 (without additional sanctions). 5 years later the Federal Court fix That the State may indeed determine thatUse The self in cannabis is a non-criminal offense, but eholding Of cannabis for their own use can not be considered a crime at all - neither criminal nor otherwise.
South Africa - 2017
Last year He ruled The Supreme Court of South Africa that the ban on the use of cannabis in private homes violates the Constitution and individual rights. Following the decision of the Supreme Court justices and under the laws of privacy, citizens of the state are permitted to hold, grow and use cannabis (called "Dagga" in their home) for their personal use only.