[NEWS] Nimbin man's payout-for-pot plan

[poledriver]

A Nimbin man has told a tribunal he would use money from a damages payout to secure land for a cannabis crop.

The man, who is seeking damages for injuries from a 1996 car crash that occurred in Queensland, made the remark during a hearing to determine his mental capacity.

In a written decision published this week, the Queensland Civil and Administrative Tribunal found the man had the capacity to proceed with his claim for damages even though he had made “many unusual and bizarre comments”.

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“AB”, whose full name has not been released, had been seeking damages in the Supreme Court of Queensland for injuries from a vehicle crash dating back to May 1996.

However, a Supreme Court hearing in 2009 was adjourned on the third day after AB's lawyer became concerned his client lacked capacity to provide instructions.

When AB appeared before the tribunal on November 22 last year, he said he would be prepared to represent himself in court if his lawyers did not wish to continue with his claim.

AB was asked how he would manage the damages he might recover from the claim.

“He told the tribunal that he intends to use the damages to obtain the use of some land to grow food and cannabis for pain relief purposes,” the written decision stated.

The written summary also described how the man had given a lengthy account of his views about existence, with AB contending that “as a living creature his being is separate from the words that form the name of AB”.

Much of the written material he provided explored the “dichotomy between his person and what the world at large calls that person and how it deals with him”.

AB also “expressed a lack of trust in conventional investments or banking arrangements, which was consistent with the apparent unconventional lifestyle choices he has made while a resident of Nimbin over the past few years”.

Doctor Oscar Serrallach, also from the northern New South Wales town, told the tribunal he was not aware of any medical condition that would impair AB's decision-making capacity.

However, he said the man's capacity may be affected by chronic cannabis use.

In the written decision, tribunal senior member Clare Endicott said AB had conceded he was effectively “playing a game with the courts” and had made many strange comments.

“Nevertheless, the tribunal is satisfied that he has insight into his actions despite his discursive narratives about the concept of being,” she wrote.

“AB has expressed to the tribunal that he holds unconventional values about lifestyle that many people would not agree with and would indeed object to, such as the use of cannabis for pain relief and production of that drug as a potential means of income support.

“However, the evidence before the tribunal falls far short of establishing a conclusion that the process of decision making used by AB has become impaired as a result of chronic cannabis use.”

The tribunal decision means the man will now be able to proceed with his damages claim in the Supreme Court.

bris times

 

[PsiloSubNaut]

Cannabis has been used for everything from pain relief to asthma medicine for several thousand more years than Nimbin has existed, let alone the so called "conventional views" of the Australian courts

It was also one of the worlds largest legal cash crops before it's scheduling in the early 1900's and still to this day it is a billion dollar underground industry, no thanks to a severely failing prohibitionist stance on the plant.

AB sounds like an interesting guy. I'd rather share some weed with him than have some drinks and cocaine with anyone from the courts...

 

[Sameria]

haha what a champion. Kudos for him for not backing down to the man ;D

Probably not a good idea to admit intent to distribute a commercial quantity of a prohibited drug though :/

 

[C_Tripper]

AB sounds like an interesting guy. I'd rather share some weed with him than have some drinks and cocaine with anyone from the courts...

Exactly. I was a law student, and our lecturer once told us all about the drug culture in the law profession. Jeezus they go through a lot of coke.

 

[PsiloSubNaut]

Exactly. I was a law student, and our lecturer once told us all about the drug culture in the law profession. Jeezus they go through a lot of coke.

There is drug culture in every profession, from blue collar to public servant.

The problem is that the under class is an easy target and they will cop the wrath of law enforcement well before any of the upper classes.

There is only one reason why there isn't tests for cocaine used in roadside drug testing and that's because they would catch too many doctors, lawyers, off duty cops etc...

There is more than enough coke use in major Australian cities (especially Sydney) for them to test for it, but it will never happen.

Much easier to keep slamming the underclass who can mainly only afford amphetamines and cannabis.

 

[C_Tripper]

There is drug culture in every profession, from blue collar to public servant.

The problem is that the under class is an easy target and they will cop the wrath of law enforcement well before any of the upper classes.

There is only one reason why there isn't tests for cocaine used in roadside drug testing and that's because they would catch too many doctors, lawyers, off duty cops etc...

There is more than enough coke use in major Australian cities (especially Sydney) for them to test for it, but it will never happen.

Much easier to keep slamming the underclass who can mainly only afford amphetamines and cannabis.

Amen Psilo, amen. I found it rather refreshing that our lecturer was so frank about it though!

In sales, there's a rather large speed culture. We used to make "special coffees": 2 teaspoons of coffee, 2 teaspoons of sugar, and 1 teaspoon of methamphetamine. Certainly not the healthiest way to start the day, but it sure kept you peppy. 8)

 

[poledriver]

Cannabis has been used for everything from pain relief to asthma medicine for several thousand more years than Nimbin has existed, let alone the so called "conventional views" of the Australian courts

Yeah true, i wonder how this guy is going with his cannabis oil that he was treating the chronically ill with...

AUSTRALIA'S first medical cannabis dispensary is operating from the back of a van in a car park at Nimbin.

For more than a month Tony Bower, of Kempsey, has been dispensing 25-millilitre vials of his therapeutic cannabis tincture free to anyone who can produce a medical certificate confirming their condition.

His chronically sick patrons, who include those with AIDS, cancer and multiple sclerosis, number in their hundreds. Mr Bower is an Aborigine and said it was against his culture to refuse to help them.

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The problem is that it may be illegal, but it is hard to tell.

"It's a grey area," Debra Sands, Mr Bower's lawyer, said.

"It's complex, and it's incredibly political. Tony wants to bring his product to market, but has been repeatedly frustrated by the health bureaucracy. Meanwhile, the police don't seem to want to know about him."

Cannabis has been shown to relieve pain and nausea in those with HIV, cancer, inflammatory bowel diseases and migraines. Its anti-spasmodic properties have proved useful in treating spinal-cord injuries, multiple sclerosis and Tourette syndrome. The medicinal use of cannabis is legal in Canada, Austria, the Netherlands, Spain, Israel, Italy, and in some states of the US.

In Australia a synthetic cannabinoid known as Marinol has been available for 10 years. Last year the Therapeutic Goods Administration approved the use here of a British drug called Sativex, a mouth spray made from botanical material. However, to get either of these products doctors must apply for a special authority from the Federal Department of Health.

"It's incredibly bureaucratic," Mr Bower, 55, said.

"And meanwhile people are in pain and suffering, and I have a product that works."

He makes his medical cannabis tincture from marijuana he grows himself. Caught for cultivation 12 years ago, he went to court in Kempsey, but emerged with what amounted to an exemption to grow cannabis for medical use.

As some people did not want to smoke, he developed his oil- and alcohol-based tinctures. They do not get you "stoned", but have noted anti-inflammatory and analgesic effects.

Mr Bower has registered his company, Mullaway's Medical Cannabis, and has applied for a drug manufacturer's licence from the TGA. But before the TGA can act, approval to produce and research his cannabis must be granted by NSW Health.

A NSW Health spokesman said Mr Bower had failed to supply enough detail of his project, a claim Mr Bower denies.

Debra Sands intends to take Mr Bower's case to the Supreme Court. "We want to challenge whether people like Tony can provide this product and why NSW Health won't test it … Tony is pushing the envelope."

SMH - One man cannabis van

 

[poledriver]

^^^ that article is just over 1 yr old..

 

[Mr Blonde]

^ Apparently he has had approval from the TGA for his dispensary, but has been having problems with the NSW Government.

 

[TripppAR]

Who DOESN'T have problems with the NSW government haha..

 

[Mr Blonde]

^ Ha ha, even the Premier of NSW is having problems with her own government...

 

[PsiloSubNaut]

^ Ha ha, even the Premier of NSW is having problems with her own government...

If you're talking about the dude getting caught with 1 pill. It's only because alcohol is legal and other substances (many of which aren't as toxic or addictive as alcohol) are illegal.

Now his name is mud, while other government officials are smashing alcohol, cocaine and many other substances behind the scenes thinking "fuck, I'm glad that wasn't me!".

Drugs are in every level of society, governments aren't immune to this fact and never will be. The sooner we (society as a whole) can face this fact, the better off we will be, but we will sadly continue on down the wrong path for many, MANY more years to come. There is just too much money to be made in keeping drugs illegal

End rant...

 

[Mr Blonde]

^ Don't worry Psilo, I think she has a lot bigger problems then the minister's husband caught with the pill.

ETA: My previous post was bad timing I guess, as the guy getting caught with the pill wasn't even on my mind when I made that aside.