Source: The Orcadian

Pub date: 2 March 2000

MS WOMAN 'OVER THE MOON' AT FISCAL'S CANNABIS DECISION.

A decision by the Northern Isles procurator fiscal to drop legal proceedings against a man who used cannabis for pain relief has been welcomed in Orkney

Local Multiple Sclerosis sufferer Biz Ivol from Herston, South Ronaldsway said she was 2over the moon" following the decision, and she repeated her call for the drug to be legalised.

The case against Mr Neil Winters, from Shetland - who is confined to a wheelchair with a spinal injury - was dropped by fiscal Roderick Urquhart.

Mr Urquhart would not comment on the case, but it was reported that he had written to Mr Winters telling him he could collect his lights which he used to grow cannabis from the police station.

Mr Urquhart was quoted as saying that the charge hanging over Mr Winters could be detrimental to his recovery.

"I have to balance the public interest in applying the requirements of the Misuse of drugs Act against his interests in getting his health back," he said.

"There is a compelling argument for saying there should be a presumption against prosecution unless there are good reasons in the public interest."

Mrs Ivol told The Orcadian: "There is no way they can stop us using it. They can try but it is just ridiculous because there are so many thousands of us using it. It is not as toxic as nicotine and caffeine."

Mrs Ivol claimed an ancient "Law of Necessity" still existed which in effect enabled people to use cannabis as a necessity if other medicinal drugs did not work.

"I am still growing it, supplying and do not care who knows. I think we have actually won," she said.

She added that the plant not only relieved pain but prevented muscle spasms.

"I just use it at bedtime, maybe once or twice a week," she said. "You can completely control MS symptoms without sitting in a chair like a zombie and costing the health board in drugs. It helps me lead an independent life."

A spokeswoman from the Crown Office said the decision to discontinue proceedings against Mr winters did not reflect any general policy and was made with regard to the particular circumstances of the case - including confidential information received by Mr Urquhart.

"Mr Winter's belief in the efficacy of cannabis as a medicinal drug had no bearing whatsoever on the decision," she said.