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UK: 'Medical need' leads to cannabis acquittal

The BBC

Wednesday 09 Oct 2002

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A west Wales man who has been acquitted of smoking cannabis for medical
reasons has said he hoped the decision would herald dramatic changes in the
law.

Brad Stephens, who suffers from the spinal condition cervical spondylosis,
was overjoyed at the ruling by Carmarthen magistrates.

Although juries have acquitted people on this basis, it is thought to be
the first time a person had successfully argued before magistrates it is
acceptable to use the drug for medicinal purposes rather than for pleasure.

Mr Stephens, from Carmarthen, has been using cannabis for more than five
years.

The 45-year-old has been prescribed morphine, but argued conventional
medicines were not strong enough.

Mr Stephens hoped the case would be a legal landmark.

"I've been convicted of possessing cannabis many times in the past," he said.

"The law needs to be looked at very closely and must accept that, if people
have a genuine illness with medical evidence to prove it, they should not
be inside a court of law.

"Cannabis gives me a better quality of life and gives me more control over
my limbs," he said.

Genuine need

Mr Stephens added that cannabis gets rid of "underlying ache and numbness"
which causes him discomfort.

"I feel as if I have a 96-year-old inside of me and cannabis takes that old
man away for a certain amount of time," he said.

Mr Stephens' solicitor Mike Reed was delighted with the verdict, and said
it was a case of genuine necessity.

"Hopefully the message to CPS and police is that these cases should not be
prosecuted.

"It is a nonsense doctors cannot prescribe cannabis - until they can, this
is an excellent decision which will avoid a great deal of pain and
anxiety," he said.

The Home Office would not confirm that the case makes legal history and
said people can still be arrested for having cannabis.

Even so, the government is considering new rules for police to follow in
such cases.

 

 

 

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