Czech Constitutional Court Rules In Favor Of Cannabis Educator In Free Speech Case
This week the Constitutional Court in Czechia ruled in favor of a cannabis magazine and its director, asserting in its ruling that a prior decision by a lower court to convict the journalist and his media outlet violated the country’s free speech laws.
In October 2021, Robert Veverka, a journalist and director of the Czech-based cannabis magazine Legalizace, was targeted over his journalism, with officials accusing him of “inciting and promoting toxicomania.” Legalizace is a bimonthly periodical focused on cannabis and drug policy relating to human rights and environmental issues.
Veverka and his media outlet would later be convicted. Following two court hearings, the district court in Bruntál sentenced Veverka to one year in prison contingent on a two-and-a-half-year probationary period and fined him 50,000 CZK, and after an appeal, the Regional Court in Ostrava upheld the decision, albeit reducing the fine. An appeal to the Highest Court also resulted in an upheld decision.
“The judge mentioned that he is not competent to assess the benefits of the current legislation, the benefits of cannabis products in healthcare, or the negative effects of cannabis use, but that he must base his verdict on the existing legislation which is binding for all. He stated that according to his judgement, Legalizace magazine evidently and factually constituted the criminal offence of inciting and promoting toxicomania.” Veverka stated at the time of the November 2021 verdict in a press release.
“He did not take into account the legislative provisions allowing for cannabis to be handled legally in certain cases or the comprehensive and educational nature of the information published in the magazine. On the contrary, the judge expressed his doubts as to whether the individuals who granted interviews to the magazine were made aware of its content and overall message. Personally, I consider the verdict to be very biased and severely restrictive of the freedom of expression, the right to express political opinion, and the right to information,” Veverka also stated.
As first reported on LinkedIn by fellow Czech journalist and cannabis advocate Lukas Hurt, Robert Veverka later appealed the lower courts’ decisions, and the Czech Republic’s Constitutional Court overturned the lower court’s ruling.
“We didn’t expect much from the Constitutional Court, but Robert had to try – for freedom of speech and for the freedom of our plant. To everyone’s surprise, yesterday, the Court issued a landmark ruling.” Lukas Hurt stated in his social media post.
“Without open and free debate – even on controversial issues such as substance abuse – democracy cannot function effectively…The dissemination of information related to the issue of cannabis use, including criticism of current legal status, is a contribution to the social debate on issues of public interest.” the Constitutional Court stated in its landmark ruling.
Cannabis advocates in Czechia are urging lawmakers to modernize the nation’s cannabis policies. More information about their proposal can be found at: www.racionalniregulace.cz