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UK: Disabled gran fights cannabis conviction

Sue Restan

Press & Journal, Aberdeen

Thursday 26 Jun 2003

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A DISABLED Highland grandmother who claims to use cannabis as a painkiller
is appealing against her conviction for possessing the drug.

Victoria Hodgson, 50, was fined £75 after being found guilty of possessing
2g of the drug when she appeared at Dornoch Sheriff Court on Tuesday.

Mrs Hodgson, of 127 Clachtoll, Lochinver, pleaded not guilty to possessing
cannabis resin in a car at Lairg Road, Bonar Bridge, on October 31 last
year on the grounds of necessity.

It was explained that she needed the drug to alleviate severe back and neck
pain caused by thoracic scoliosis, a form of curvature of the spine, and
disc degeneration in her neck, commonly known as wear and tear arthritis.

She said that if she did not use cannabis, her condition worsened to such
an extent that she would be admitted to hospital in severe pain.

Her solicitor, Duncan Henderson, of Craig Wood Solicitors, Inverness,
yesterday confirmed that she had instructed the firm to appeal against her
conviction.

He said he did not consider it appropriate to discuss the grounds of the
appeal at this time.

But during Mrs Hodgson's trial, he pointed out that she may not have been
convicted in England.

Mr Henderson said: "The English and Scottish interpretations of necessity
seem to sit uncomfortably at the moment.

"It is certainly the case that there have been a number of trials in
England that have led to acquittal, basically on these grounds."

Mrs Hodgson, who has two children and two grandchildren, told the court she
had tried all legal forms of treatment, but they had either failed to have
any effect or had caused nasty side effects, including stomach pain and
vomiting.

The court heard that she needed special pillows at night and could not
travel far as a result of her physical problems.

"I can't walk, sit down, eat, sleep. It just completely consumes my life
and makes my life unbearable," Mrs Hodgson told the court.

She said she usually took cannabis in a hot milky drink as a painkiller
before going to bed and stressed that she had never used it for
recreational purposes.

Mrs Hodgson receives a disability element with her Income Support as a
result of her condition. She added that she has now applied to take part in
the Home Office licensed trials of the drug for pain relief to be carried
out by G W Pharmaceuticals Ltd.

The court also heard social anthropologist Neil Montgomery explain that the
latest clinical trials of medicinal use of cannabis had, shown a 90 %
success rate for pain relief and the management of acute pain.

But Sheriff David Sutherland said he did not feel the defence of necessity
had been established. He convicted her of the offence and fined her £75.

After the hearing, Mrs Hodgson, who has a previous conviction for
possession of a small amount of cannabis, said she could not afford to pay
the fine and would probably have to go to prison.

 

 

 

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