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UK: Cannabis pair lose appeal

Islington Gazette

Thursday 02 Jun 2005

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TWO people sentenced for cannabis offences have lost their appeal - despite
arguing they were in possession of the drug because it relieves pain.

Appeal Court judges ruled the old common law defence of "necessity" had no
place in the law relating to cannabis - even for multiple sclerosis victims
and others who say the drug helps them cope.

Anthony Taylor, 54, of Skinner Street, Finsbury, and May Po Lee, 28, of
Dufferin Street, Finsbury, were among six people whose appeals were dismissed.

Taylor had been stopped by customs going through the green channel at Luton
Airport in February 2003 coming back from Switzerland. He handed officers a
card, declaring himself a "medicinal cannabis and natural health
consultant". He volunteered the fact he had UKP35,000 worth of cannabis in
his luggage.

Although not medically qualified, Taylor had some 700 patients on the books
of his Tony's Holistic Clinic, King's Cross, which employed five people.

Many patients were HIV positive or suffering from AIDS or multiple
sclerosis and Taylor argued cannabis was necessary to ease their pain.

Lee, a former employee of a health shop, was stopped at the same airport a
month later. Her luggage contained five kilos of cannabis.

The judge at their Luton Crown Court trial withdrew their defence of
necessity and they then pleaded guilty.

Taylor was handed a two-year suspended jail term and was ordered to pay
UKP7,500 costs. Lee received 100 hours' community service for her part in
the second importation.

Rajiv Menon, for Taylor, had told the court: "This isn't a backstreet
dealer. He runs a respected operation that's not just about supplying
cannabis but about a holistic approach to health.

"Even doctors who believe in the medicinal benefits of cannabis and refer
patients to Mr Taylor can't supply it because they risk prosecution."

Insisting that the defence of necessity should be open in medicinal
cannabis cases, he concluded: "There is no danger of this becoming a mask
for anarchy. Prosecutors don't want this defence put to juries because the
public is more tolerant on cannabis than the law."

Lord Justice Mance said none of the facts entitled the defendants to raise
the common law defence of necessity.

Mr Taylor and Ms Po are believed to be appealing the decision.

 

 

 

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