In The Queen on the application of the United States of America v Gypsy Nirvana  EWHC 706, the US sought the extradition from the UK of a defendant accused of trafficking, exporting and importing marijuana seeds (and related money laundering). The District Judge at first instance found, and the Divisional Court on appeal agreed, that this conduct did not constitute a criminal offence contrary to UK law. Thus the “double criminality” rule of extradition was not satisfied, i.e. had the defendant trafficked, exported or imported marijuana seeds in the UK, he could not have been prosecuted in the UK. The defendant was therefore discharged from the extradition proceedings.
But in Gypsy Nirvana, unlike in Marlow or Jones, it seems that there was no evidence that the defendant had said or done anything which could be construed as positive encouragement or advice as to how the seeds should be cultivated. The evidence in the US extradition request proved only that the defendant had sold the seeds. Even the widely and elaborately drafted inchoate liability provisions of the SCA (which postdate Marlow and Jones) could not stretch wide enough to capture the conduct of which the defendant was accused. These provisions could not be used to close the deliberate lacuna in UK law that the mere selling of cannabis seeds is lawful, unlike the position under US law.
“It is an offence for a person to incite another to commit an offence under any other provision of this Act.”
The reference to “overstepping the line” is understandable in light of section 6(1) MDA, which criminalises the cultivation of any plant of the genus cannabis. If D1 sells cannabis seeds to D2, D1 may, depending on the facts, be regarded as committing an inchoate criminal offence by inciting D2 to cultivate cannabis. In these circumstances, which inchoate offences could D1 be charged with?
In light of Marlow and Jones, it might be asked: doesn’t the act of selling cannabis seeds constitute sufficient incitement to cultivate them contrary to section 19 MDA or sections 44-46 SCA? What, after all, is the purpose of selling industrial quantities of cannabis seeds, often to repeat customers, if not for their cultivation? Even if the seller puts disclaimers on his website that cannabis cultivation is illegal, that is no different to the defendant in Jones who plastered his shop with such warnings to maintain a veneer of legality.
although should the slight odor on the seeds be an issue?
can dogs find the scent?
Cheap ball point Bic pen. Remove and discard ink tube and then clean out all residual ink from ball point insert and replace. Remove capper from the other end of the pen and fill pen tube with seeds. Replace capper and place pen in your pocket or bag.
its probably unnecessary but i take a razor blade and from the inside of your jeans cut a slit in the waistline hem. it makes a tight little tubular pocket and i have been searched dozens of times with things in there and have never had someone find it. in luggage or not.
If you really want to get cute. Buy yourself a two-pack of those huge and relatively inexpensive ball point pens for people with big ass hands and fill them sumbitches up. There is so much room in those babies you can leave the ink tube intact.
As explained on the front cover of his bestselling 1996 autobiography, Howard Marks (a.k.a. Mr. Nice) “was Britain’s most wanted man. He just spent seven years in America’s toughest penitentiary. You’ll like him.”
Such subversion can be seen as either the work of dangerous criminals or glorious freedom fighters. When it comes to cannabis smugglers, we’ll go with glorious freedom fighters—especially those bringing in something a little stronger than hemp.
The Brotherhood of Eternal Love
The heroes of that bygone era were outlaw smugglers with the gumption to go wherever cannabis was cheap and plentiful and come back with the good stuff in tow.
When Schapelle Corby, a young Australian woman with blonde hair and a photogenic smile, got busted for smuggling nine pounds of cannabis into Indonesia in October 2004, the incident immediately sparked international headlines. Corby had been stopped by customs at Ngurah Rai International Airport, and a subsequent search of her bodyboard bag revealed the contraband in a vacuum-sealed plastic bag.
And then there was The Ethiopian Zion Coptic Church.