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I don't feel guilty says Biz

Lorraine Shearer

The Orcadian, Orkney

Thursday 26 Jun 2003

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Campaigner admits using, growing and supplying cannabis

Orkney cannabis campaigner Biz Ivol freely admitted during her trial last
week that she had used, grown and supplied cannabis - but denied that she
is guilty of any crime.

At a specially-convened court in Kirkwall's Pickaquoy sports centre, the
55-year-old Multiple Sclerosis sufferer was asked by Orkney and Shetland
fiscal Sue Foard why she had pled not guilty.

"I do not feel guilty for using a God given natural plant to help myself
and to help other people in the same boat as me," she replied.

The wheelchair-bound woman, of Craigflower Cott, Herston, South Ronaldsay,
claims the class B drug relieves the symptoms of the disease, one of which
she described in court as "feeling like someone is pulling barbed wire
through my spine."

She added: "My eyesight is failing and I have muscle spasms. If I am not in
a wheelchair, I am in bed. I can make myself a cup of tea and answer the
telephone. Usually by 1pm my fingers are paralysed."

On advice from Mrs Ivol's GP, Sheriff Colin Scott Mackenzie agreed that
court sittings should be restricted to three hours and she was allowed
regular breaks throughout.

It is alleged that Mrs Ivol supplied cannabis to John Murray, of 28 Dalgety
Bay, Fife, between May and August, 2001. She is further charged with
possessing cannabis and growing two cannabis plants at her home on August
6, 2001.

Giving evidence on Wednesday, PC Mike Don told the court that Mrs Ivol said
in her statement that she had sent cannabis chocolates to about 30 people.

PC Don (34), area drugs officer in Orkney, said that officers had searched
Mrs Ivol's property on August 6,2001.

Several items were seized at the time, including an address book, letters,
information pack, a tin containing rolled cigarettes, herbal material and
cannabis seeds, two plants.

Mrs Ivol, who looked frail, was asked her age by her defence agent,
Edinburgh-based advocate Mr David Moggach.

She thought for a moment, gave him her date of birth and said "you work it
out".

Mrs Ivol claimed Mr Murray had inquired about cannabis chocolates for his
wife, Eileen, who also suffers from MS.

Giving evidence for the prosecution on Wednesday of last week, Mr Murray
(64), told the court that he had been desperate to find something to help
his wife.

He said she had been diagnosed eight or nine years ago and was now taking
18 tablets a day.

It was a newspaper article that alerted him to Biz Ivol, he said, and
shortly afterwards he telephoned her.

"I took it upon myself to contact Biz Ivol and asked her if she could help
my wife. As a result of reading the article, I was aware that Mrs Ivol had
found a technique for combining cannabis with chocolate and that cannabis
is supposed to help MS sufferers."

He said he knew how to get "street cannabis" but did not want to go down
that route, as you could not be sure what was contained within it.

"I asked if she could, whenever would be convenient, possibly supply a
little chocolate for my wife - if I could persuade her to use it and if it
got to the stage of being necessary."

He told the court he received a package in the post containing cannabis
chocolate about ten to 14 days later.

Mr Murray said he could not persuade the accused to take payment for the
chocolates.

About three to four months later, he said police officers arrived at the
house and found the chocolates, which he had kept unused in the fridge, as
he had not been able to persuade his wife to try one. The fiscal asked him
if he was concerned about the amount of cannahis which could have been in
the chocolate.

"What about if you had given her half a chocolate and there had been no
improvement? the fiscal asked.

"I would have certainly have given her the other half at the time," he replied.

Mrs Ivol told the court that she was diagnosed with MS more than ten years
ago and had since tried all available prescription medicines - steroids,
anti-depressants, sleeping tablets -none of which worked, she claimed.

"I sat in a chair like a zombie, staring out of the window in another
world," she said.

Mrs Ivol claimed to have "thought very seriously for a couple years before
starting to use cannabis because it is against the law and because of the
stigma surrounding it".

"My doctor told me to use real cannabis and I asked him where to get it
from. He told me to grow it myself," she said.

Asked by Mr Moggach why she decided to try cannabis, she replied: "To try
and get some relief. It was either cannabis or nothing. It relaxes all my
muscles and relieves the pain in my spine. It is also an appetite stimulant."

Mrs Ivol told the court that it was her GP many years ago who had told her
there was someone else in the area suffering from the symptoms of MS and
asked if she would share her cannabis.

"He did not smoke so we had to find another way of getting it into his
system - that is how the cannabis chocolates came to be. Research shows
that cannabis gets stronger if mixed with animal fat. We also devised
cannabis patches to absorb it into the skin."

She used a teaspoon of cannabis powder in half a pound of chocolate, the
court heard. Mrs Ivol denied ever approaching people and offering cannabis.

"I have never encouraged anybody to use cannabis. Most of the people who
contact me are middle-aged women. It takes a lot of thinking about whether
you should break the law or not."

It was the media attention that surrounded Mrs Ivol's campaign for the
legalisation of medicinal cannabis that led her to receive hundreds of
requests for help, the court heard.

Mrs Ivol admitted putting together an information pack about cannabis and
MS, with the help of an unnamed person, and said she had sent out hundreds
to fellow sufferers.

"I received 217 phone calls in one day," she said.

Mr Moggach asked how she knew whether the people were genuine sufferers.

"I have had people trying it on. When you are talking about MS, you ask
them what is wrong with them. You can see through them. Usually, I tell
them to go to their doctor to get a sicknote."

However, the fiscal asked how she could screen people who telephoned or
wrote to her.

"You told Mr Moggach in your view you screened people. For the most part
people telephoned you. During the course of these telephone conversations
you screened them, deciding who was genuine and not genuine? Would you
accept sometimes you might have been fooled?" the fiscal said.

"No, I do not think I was," Mrs Ivol replied. "There is just something
about when you speak to other people with MS you know straight away they
are not lying about anything."

"But sometimes people are phoning on behalf of other people who suffer from
MS," the fiscal continued. "When you spoke to Mr Murray he described his
wife's symptoms to you and did not send a medical note."

Mrs Ivol was asked if she supplied anyone with cannabis chocolates on the
basis of an e-mail or letter.

"E-mails, no," she said. "With letters I sent them the information sheet to
start off with so they could supply themselves."

However, Ms Foard highlighted two letters that had been found in Mrs Ivol's
house by police. The fiscal said they were both from the same man, the
first requesting some cannabis chocolates after reading a national
newspaper article and the second, a reply letter, saying "thank-you" for
the letter and the package.

Ms Foard said: "It is accepted by the Crown that you were not involved in
making money. On the strength of a letter with no more information than
being an 'MS sufferer myself, on the strength of a letter written by a
stranger with no more information, you sent out a package. Where was your
screening process here? You had no proper screening mechanism in place - is
that not correct?"

"Why do you need a screening process. I was quite satisfied with the people
who contacted me that they were MS sufferers," Mrs Ivol said.

The fiscal claimed that Mrs Ivol could not know the strength of the
cannabis within the chocolate being supplied.

"Why not," Mrs Ivol said. "It cannot hurt you. Even the strongest cannabis
cannot kill people. I knew they would not be strong by the amount of
cannabis I was putting in. It works out quite expensive and I could not
afford to supply a lot of people with cannabis."

Ms Foard then turned her attention to the possible side effects of using
cannabis.

"You believe that the feeling of being slightly tipsy is the worst side
effect of cannabis?" she said.

"Yes," Mrs Ivol replied. "There has been some research into people who have
used it for a long time and apparently some of those people can get a bit
paranoid but it can take 20 years to get those symptoms."

And the accused admitted not using the drug through the day for fear of
getting "giggly, stupid and talking rubbish".

The trial was adjourned until July 2.


 

 

 

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