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28 June 2018 / Athelstane Aamodt
Issue: 7799 / Categories: Features , Criminal
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Staying off the grass?

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Athelstane Aamodt puts the debate about the legalisation of cannabis in perspective

Canada’s recent decision to legalise recreational cannabis use and the case of Billy Caldwell, the British 12-year-old whose epilepsy is treated with cannabis oil, has meant that the debate about the legalisation of cannabis (and indeed drugs in general) has come to the fore once again. However, the criminalisation of cannabis is, when one looks at how long the plant has been cultivated and used by humans (which is as long ago as 8000BC), an undeniably recent phenomenon, regardless of whether one agrees or disagrees with its status as a controlled drug.

Medicinal use of cannabis by both the Greeks and the Romans was common. For instance, in the ‘Histories’ of Herodotus (484–425 BC), the Scythians are described as indulging in cannabis vapour-baths (the equivalent of a modern-day sauna).

Over the centuries the use of cannabis spread, and became commonplace in the Middle East and Persia. In 1619, hemp was being openly and legally grown on the banks of the Potomac in colonial Virginia. During Napoleon’s 1798 invasion of Egypt, French soldiers,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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