Pubdate: Sun, 18 Feb 2001 Source: News & Star (UK) Copyright: 2001 News & Star Contact: Newspaper House, Dalston Road, Carlisle CA2 5UA Fax: 594088 Website: http://www.news-and-star.co.uk/ Cited: Legalise Cannabis Alliance http://www.lca-uk.org Lezley Gibson: http://www.mapinc.org/drugnews/v00.n1445.a04.html Alan Mason: http://www.mapinc.org/drugnews/v00.n1629.a02.html Mark Gibson: http://www.mapinc.org/drugnews/v01.n247.a04.html WHY DIDN'T THE POLICE CHARGE THIS POT-SMOKER? A Cumbrian campaigning to legalise cannabis who freely admitted smoking the drug in a national newspaper is unlikely to be prosecuted. Mark Gibson, a prospective parliamentary candidate for the Legalise Cannabis Alliance for Penrith and the Border, was pictured smoking the drug. He appeared to be goading the police into arresting him by saying: "If the police want to arrest me they can but they don't pay any attention to me anymore." But despite his frank admission Mr Gibson, of Alston, is unlikely to face any charges. A spokesman for Cumbria Constabulary said: "We generally concentrate on suppliers rather than users. But if someone is committing an offence and seen to commit an offence, we would take action against them." The spokesman added that police wouldn't bring a prosecution on the strength of a newspaper article. Mr Gibson, a recreational cannabis smoker, said he was misrepresented in the article in The Observer. "I'm certainly not goading the police to come and arrest me," he said. "It's common knowledge that I smoke cannabis. It is at their discretion and if they want to come and arrest me they can. But I certainly wouldn't want them to come to my door and arrest me. "I am not inciting anybody to break the law. It's down to personal choice. "I think that if somebody is doing something in their own home and it isn't harming anyone there is no reason why not." He added that he wasn't worried by the publication of the picture, a partially out-of-focus shot showing him smoking a reefer. Mr Gibson's wife Lezley hit the headlines last year when she was cleared of a charge of possession of cannabis after a jury found she was entitled to use the drug to help ease the symptoms of multiple sclerosis. Like his wife, Mr Gibson would be willing to fight any charges brought against him for cannabis use. "I would not be willing to plead guilty," he said. "I would fight to the bitter end for my beliefs." Across the country the police and Crown Prosecution Service are becoming increasingly unwilling to prosecute for the possession of cannabis. Last year, in an exclusive interview with the News & Star and The Cumberland News, Cumbria's Chief Constable Colin Phillips said he would not do anything if he was at a friend's house and someone lit up a joint. Juries often acquit users such as Lezley Gibson who use the drug for pain relief, and many first-time users escape with a caution. But some activists are playing the law at its own game and pushing to be prosecuted to allow them to plead their innocence under the new Human Rights Act. There are at least half a dozen court cases around the country where activists have refused cautions and deliberately admitted using the drug in order to test the Act which prevents public bodies such as the police from unduly interfering in an individual's private life. A Carlisle man will use the Human Rights Act to defend himself against drugs charges soon. Alan Mason, 40, of Stonegarth, is accused of producing cannabis, possessing the drug with intent to supply and possessing the drug. All three offences are said to have occurred last summer. A pre-trial review will be held at Carlisle Crown Court next week. What do you think about cannabis and the law? Call our Talkback line on 01228 612300 - --- MAP posted-by: Josh Sutcliffe