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UK: Ill man can smoke cannabis, says bench

Steve Dube

The Western Mail, Wales

Wednesday 09 Oct 2002

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WELSH magistrates have made legal history by acquitting a man who smoked
cannabis for medicinal purposes. It is the first time magistrates have
allowed a person who admitted the crime to successfully defend himself
on the grounds that he was doing it out of necessity rather than for
pleasure. Crown court juries have acquitted in these circumstances.

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.

Defendant Brad Stephens, from Carmarthenshire, said he had told the
court he would kill himself if he couldn't carry on using the drug.

And although the 55 grammes of cannabis he had in his possession on the
day police raided his home was confiscated, Carmar-then magistrates
agreed that his defence was legitimate.

Mr Stephens, who has cervical spondylosis, is prescribed morphine for
daily use to combat the pain, but told the court he could not do without
cannabis.

After the verdict he said, "I'm over the moon. There are hundreds of
thousands of other people who say exactly the same thing as I'm saying
and it would be great if we were allowed to obtain it without having to
break the law."

Last night a Home Office spokeswoman said that possession remained an
arrestable offence, although the Government was looking at new
guidelines for police.

Mr Stephens's solicitor, Mike Reed, said the magistrates had used their
common sense. "Hope-fully the police and CPS will also use common sense
in future, as the Government has suggested."

An Association of Chief Police Officers spokesman said, "People have
been getting confused and at the moment a lot is down to the discretion
of the police officer."

 

 

 

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