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Cannabis Campaigners' Guide News Database result:
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Sick Man's Historical Medical Cannabis Use Victory - Goes Unnoticed!
Don Barnard Press Release
Tuesday 15 Oct 2002 "Cannabis smoker wins medical use victory" The Times. on October 10, [See full article Ed. notes 1] Brad Stephens appeared at Carmarthen Magistrates Court on 4th OCTOBER 2002 on a charge of possession of 55 grams of cannabis resin. Brad suffers from severe spinal pain and is prescribed very strong analgesia from his GP, but also uses cannabis to help cope with the pain and spasms he experiences. He pleaded not guilty on the grounds of medical necessity and Article 8 of the Human Rights Act ( the right to private and family life) . The Magistrates acquitted him. Brad Stevens was represented by M J Reed Solicitors mike@mjreedsolicitors.co.uk 01267 281675 Several cannabis users have been acquitted by juries on the grounds of medical necessity but this may be the first case of an acquittal by Magistrates. More information on other medical necessity defence cases contact: Mark Gibson [LCA Medical Spokesperson] mark@parklandtrading.com Mark Gibson's phone number - 01434 382066 Mark's wife (who has MS) has been found not guilty by a jury and not charged on another occasion as a direct result of this acquittal. A BONUS: Mark is also involved with an organisation called THC4MS which helps people with MS in an unusual way! Please, give it an airing! Kind regards Don Barnard Press Officer Legalise Cannabis Alliance http://www.lca-uk.org _____________________ LCA comment: Legalise Cannabis Alliance Press officer Don Barnard said: "We welcome this result, I never thought I would see this happen, Carmarthen Magistrates' have put another nail in the coffin of prohibition. "I would urge others to challenged the law like Brad Stephens, which incidentally the Independent Police federation Report recommended, it would soon bring the matter to a head. Imagine 1000's of cannabis necessity cases clogging up our legal system. In Para 14 Times article below marked ** A Home Office spokeswoman ... said: "At the moment it is a class B drug,..... It is illegal to possess it, even for medical reasons, .." "If use of cannabis is illegal, why was Mr Stevens found Not Guilty by the magistrates? Last night, police and politicians said the decision added further confusion to the law on cannabis and the Crown Prosecution Service warned it was considering an appeal. [Source: The Western Mail, Wales /10/2002] "Are we to see a costly appeal by the CPS? " Both the House of Lords and the BMA called for an erasing of the law for people forced to use cannabis to ease suffering from various ailments. This advice has been ignored by the Government and police who continue to arrest sick people and drag them through the courts. This must stop forthwith. "All magistrates should be encourage to be less pedantic OR relying on bias advise of Court Clerks and rule on cases as they see fit." "Magistrates and juries should consider the facts when deliberating on cases involving medical necessity. "Judges should be forced to tell juries; if they believed that the law had been applied wrongly they can bring in a not guilty verdict in the face of the law. ....[paragraph 16 marked ***] The Association of Chief Police Officers spokesman said: "...at the moment a lot is down to the discretion of the police officer." "We have been encouraging police officer to use this discretion for years, we would hope that in the light of this verdict, all Constables will be compassionate when interacting with "obvious" medicinal cannabis users. And, the CPS will filters out cases it would clearly be unjust to proceed with. Medical necessity means that there was no reasonable alternative to 'breaking the law' and that the law would be wrongly applied in such a case. REPLY TO press@barnard.lca-online.net Phone: 07984 255015 _____________________________ Editors Notes 1: CANNABIS SMOKER WINS MEDICAL USE VICTORY Source: The Times Pub Date: Thursday, October 10, 2002 Subj: UK: Cannabis smoker wins medical use victory Author: Simon de Bruxelles Contact: editor@the-times.co.uk A MAN who suffers from a painful spinal condition became the first person to be cleared by magistrates of cannabis possession on the ground of medical necessity. Brad Stephens, 45, said that smoking cannabis was the only way to ease the pain of his spinal condition without large doses of morphine. Carmarthen Magistrates' Court was told that police found 55g (1.9oz) of the class B drug in a raid on his home. Mr Stephens admitted in court to being a regular cannabis user but pleaded not guilty to possessing the drug. Mike Reed, for the defence, told the court: "Mr Stephens suffers from cervical spondylosis, a degenerative bone disease of the upper spine and neck. He is on a heavy dose of morphine and over time the body needs bigger and bigger doses to combat pain. "Large doses of morphine can seriously damage health, so by taking cannabis he reduces his dependency on morphine and the potentially fatal risk. In effect, the cannabis is saving his life." The magistrates accepted it was a medical necessity for Mr Stephens to take the drug and found him not guilty. He was released, but the magistrates ordered the cannabis resin, which has an estimated street value of 300, to be destroyed. The Lord Chancellor's Department confirmed yesterday that although juries have found cannabis users not guilty in similar circumstances, this is the first time that magistrates have acquitted someone on medical grounds. Mr Reed said after the hearing: "We needed to prove that the cannabis was doing more than simply easing his symptoms. There is a legal defence of necessity but it is very difficult to succeed with. "But the court accepted it was a medical necessity for him to take the drug and found him not guilty." Mr Stephens said: "I am over the moon. I have been taking cannabis for four years because of my illness. "The police have charged me with possession before and I have been fined after admitting it. It has cost me a lot of money in fines so this time I thought if I plead not guilty I would see what happened. "I was scared that they would stop me using the drug - the effects on my quality of life would be devastating." **A Home Office spokeswoman said possession of cannabis is still a criminal offence with a maximum jail term of five years. She said: "At the moment it is a class B drug, but there are moves to bring it down to class C. It is illegal to posess it, even for medical reasons, although we are supporting research into this." A spokesman for the Lord Chancellor's Department said: "As far as we are aware, this is the first time this has happened. Magistrates have the power to rule on cases as they see fit." ***An Association of Chief Police Officers spokesman said: "People have been getting confused about the law relating to cannabis, and at the moment a lot is down to the discretion of the police officer." *Cervical spondylosis occurs when the spinal canal in the neck is narrowed by outgrowths of bone that compress the nerves. Jerky leg movements and an unsteady walk are early signs. The pain can range from mild discomfort to crippling, depending on the severity of the condition. Treatment may begin with non-steroidal anti-inflammatory drugs, to relieve pain and reduce swelling, but in extreme cases more powerful painkillers may be needed. Surgery to remove bone spurs can give some patients lasting relief. end ______________________
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