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UK: Court rejects cannabis pain relief bid
The Guardian
Friday 27 May 2005 The court of appeal today rejected an attempt to effectively legalise the use of cannabis to relieve chronic pain. Lord Justice Mance, Mr Justice Newman and Mr Justice Fulford rejected two appeals that people who use or supply the drug to alleviate chronic pain should escape a criminal conviction by pleading they were acting out of "necessity". The three judges ruled that the defences of necessity should only apply to cases where someone committed what would otherwise be an unlawful act to avoid "imminent danger of physical injury". The first appeal concerned Barry Quayle, 38, from Market Rasen, Lincolnshire, who had both legs amputated and suffered pain from damaged tissue and "phantom limb" sensation. The other appellants were Reay Wales, 53, Graham Kenny, 25, Anthony Taylor, 54, and May Po Lee, 28. All had previously received either a fine, community service or suspended jail sentence for possessing or importing cannabis. The judges also ruled the defence of necessity should not apply to the case of Jeffrey Ditchfield, of North Wales, who was acquitted of possessing cannabis with intent to supply the drug to people with serious and painful medical conditions, such as multiple sclerosis. Despite the decision, Mr Ditchfield cannot now be convicted of the offence. The court had heard that cannabis was more effective than conventional forms of pain relief and did not have the potentially serious and life-threatening side-effects of alternative treatments. The judges added that the case raised a question of general public importance, enabling the appellants to apply to the House of Lords for leave to appeal. The question is whether the defence of necessity is available in respect of possession, cultivation, production or supply of cannabis for the relief of serious pain arising from a pre-existing medical condition. The world's largest study into cannabis-based medicines last year announced they may alleviate the chronic symptoms of MS, such as muscle stiffness or spasm. The study into the impact of drugs containing cannabinoid compounds, launched by Plymouth University in 2001, found patients showed some signs of improvement after a year on the medication. Last December the committee on the safety of medicines (CSM) blocked the sale of a nasal spray for MS sufferers made from extracts of cannabis plants. The regulator decided not to license the spray, called Sativex, because it was not sure of the treatment's benefits. But the CSM is carrying out another review of the spray, due to finish this summer. It is already on sale in Canada.
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