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Cannabis Campaigners' Guide News Database result:
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UK: Cannabis for pain relief is still illegal says judge
Northampton Chronicle & Echo
Wednesday 18 Dec 2002 A WHEELCHAIR-bound man who used cannabis to relieve searing pain he has suffered for the last 12 years has been convicted of growing the drug at his home. Peter Brown, who cannot walk without the aid of crutches, told Northampton Crown Court that he had sought sanctuary from the acute pain in his body's joints through the use of marijuana. But the 44-year-old father-of-two was yesterday convicted of cultivating the drug after police discovered cannabis plants during a raid at his house in Lark Rise, Blackthorn, on December 30 last year. Four high-strength plants - of the G-strain - were found with 10 cuttings under lights with a hydroponics watering system. He was charged with producing a controlled drug, which he readily admitted during interviews with police. But Brown formally pleaded not guilty to the charge at Northampton Crown Court in the hope he would persuade a jury with a defence of necessity - that he was forced to grow the cannabis to relieve pain as conventional medicine had failed him. Nichola Smith, defending, argued her client had a defence as cannabis improved his quality of life, and was more effective that other medicines and he could control its quality and purity. By growing the drug at home, Miss Smith said Brown was able to experiment which was the most effective for alleviating pain. Miss Smith argued her client had acted reasonably while under the "duress of pain" and the case could be tried before a jury. But Mr Justice Hunt threw out the argument, preventing the case going before a jury, on a number of legal points based on legal precedent and previous rulings. He said Brown had not seen a doctor for two years and could take part in a pain management course. The High Court judge said: "If I allow it, it could amount to a licence to commit crime. That is not the law and should not be the law. He was a user of cannabis before his illness and approves of cannabis use generally. The defence of necessity is only available if he was said to be acting reasonably, proportionately and objectively. You can control pain through conventional and legal means. To say cannabis is the only solution is something I cannot accept." Brown changed his plea to guilty after the judge's verdict, and was sentenced to a two-year conditional discharge. Mr Justice Hunt also ordered the plants to be destroyed. Leave to appeal to a higher court was refused. rob.middleton@northantsnews.co.uk
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