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UK: A victory for common sense

Steve Bagnall And Carl Butler

Daily Post, Liverpool

Saturday 17 Jan 2004

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A CANNABIS campaigner last night vowed to continue supplying the drug after
being cleared of dealing.

Jeff Ditchfield, from Rhyl, was found not guilty of possession and intent
to supply the drug after a Chester Crown Court jury heard he gave it to
people for medical reasons.

The 48-year-old, from Water Street, said the verdict struck a blow for
common sense.

North Wales Police refused to be drawn on the case yesterday but a
spokeswoman said the force accepted the verdict.

Cannabis was found in Mr Ditchfield's car as police searched his Beggar's
Belief Shop, in Water Street, as soon as it opened in September.

Mr Ditchfield, who originally planned to open a Dutch-style cannabis cafe,
described the shop as a 'medicinal cannabis centre'.

Speaking outside court yesterday, he said "I am absolutely delighted. I
have never been so nervous. This has struck a blow for common sense.

"I don't know how much this has cost the public to bring this case. I
estimate over UKP100,000 and all that for just UKP50 of cannabis.

"Th is means that everybody in the UK can use the defence of medical neccesity.

"I have never sold cannabis; I have always given it away free to people who
needed it to relieve pain and suffering."

Mr Ditchfield said he would take time to think about the future, but he
vowed to carry on supplying the drug to sick people.

"I had faith in the justice system that a jury of my peers would agree with
me," he said.

"This is such a matter of principle for me.

"I will carry on supplying cannabis free to people who need it until the
NHS prescribes it for them.

"I simply could not turn my back on a sick person who asks for help. I just
could not do that."

The jury returned after just 45 minutes yesterday to deliver their
unanimous verdict.

Supporters of Mr Ditchfield cheered the decision from the public gallery.

But Judge Elgan Edwards warned Mr Ditchfield he could face prosecution if
he continued.

He said: "You are not to take this as approval for what you are doing.

"I know you hold sincere views, but if you do the same again, you are
liable to be prosecuted again and you may not be acquitted next time.

"If you do this, you are running the risk of further prosecution."

Mr Ditchfield said he feared a backlash from North Wales Chief Constable
Richard Brunstrom.

"He has made this a personal issue," he said. "I am concerned there may be
a backlash from this.

"When you look at the burglary figures and the way his speeding campaign
has been received by the public, he should focus on policing the way people
want him to police and not the way he thinks it should be done."

A Force spokeswoman said:

"Jeffery Ditchfield was found not guilty by a jury of his peers. North
Wales Police accept the court's verdict."

Mr Brunstrom declined to comment.

The outspoken police chief has called for a review of drug laws with a view
to decriminalisation.

But he has pledged to uphold current laws and prosecute drug dealers.

Criminal law expert Mark Haslam said the current laws on cannabis were a mess.

"It is going to become a Class C drug. People believe it is going to become
decriminalised, but of course it isn't.

"It is a real muddle. Police can stop the person, confiscate their cannabis
and warn them, but this is an ineffective use of police resources. Either
it should be made legal or not."

The CPS said it was justified in bringing the case against Mr Ditchfield
because supplying illegal drugs for whatever reason is illegal.

But a spokesman added: "We have no plans to appeal unless there is a point
of law which has been made which is incorrect."

A file had been referred back to the reviewing lawyer for further
consideration, he said.

A North Wales professor was among Mr Ditchfield's supporters at court. Tim
Evans, from Anglesey, suffers from brittle bones and has been to prison for
using cannabis, which he says relieves his pain.

"I have 35 criminal convictions for cannabis," he said. "I spent 12 months
on Walton's medical wing. I was a commercial diver and developed the
condition through the bends.

"I've had 15 serious breaks in my body, which has caused serious pain.
Cannabis is the most effective pain relief."

Friend's pain sparked fight to free weed

ON his 40th birthday, Jeff Ditchfield underwent a change in his life.

His successful transport business was turning over UKP1.8m a year but he
decided to sell up and retire to his place in the sun.

But a close friend had multiple sclerosis and "surprised" him one day in
2001 when she told him she smoked cannabis to relieve her pain.

"I'm ashamed to say at that time I questioned whether she was taking it for
medical benefit or whether she just liked it," he told the jury.

It resulted in him embarking on a quest to discover as much about cannabis
as he could, which ended in a belief that cannabis could ease the
discomfort of multiple sclerosis sufferers.

He told Chester Crown Court he was shocked to find the cannabis which could
be bought on the streets of Rhyl was contaminated with plastics, diesel -
which helped it burn - and even coffee to improve its colour. His friend
was unsure even what type of cannabis she was taking.

"I couldn't judge her for breaking the law; I wanted to help her and advise
her on what was good cannabis," he said.

He told the jury how he first came to use cannabis personally.

In 2002 he had an operation in Abergele Hospital to move a nerve in his
left arm, which involved grinding down part of a bone. It was
excruciatingly painful, he said.

"After the operation, I was prescribed a drug which was a codeine-based
pain killer and I was violently ill taking it," he said.

He decided he would try cannabis and found its ability to relieve pain was
far superior and there were no side effects.

Even a Government advisory committee had found cannabis was less harmful
than the codeine-based drug he had been prescribed, he told the court.

He told Chester Crown Court his supply of cannabis was donated by "Bud
Buddies" - growers who were sympathetic to his campaign to supply cannabis
to those in medical need.

Ditchfield told the jury that if he was approached by someone who wanted
cannabis for medical reasons, they first had to complete a form.

This required them to produce a doctor's or consultant's letter.

Jeff is persecuted for helping sick people. The last person who did that
was crucified 2,000 years ago

EX-councillor and retired farmer Glyn Williams told Chester Crown Court how
he took cannabis in yoghurt to help him sleep.

Mr Williams, who has multiple sclerosis, said he went from being a
"workaholic" to being confined to a wheelchair and wracked with pain.

Despite excellent treatment from the NHS and his GP, the person who had
done most to relieve his condition in 20 years was Jeff Ditchfield, he said.

Judge Elgan Edwards told the jury he would normally have to warn a witness
who was incriminating himself, but in Mr Williams' case he said it would be
"entirely pointless."

Mr Williams told the court: "I have multiple sclerosis, diagnosed in 1980,
although it was coming on earlier. I have prostate cancer, diabetes - well,
that's enough to be going on with."

Asked if he paid for the cannabis, Mr Williams said: "No, they were the
only rows we ever had with Jeff. I have offered him money on many occasions
and he would not accept it. Jeff would not take a penny piece."

"It's dreadful that Jeff is persecuted when his only crime is helping sick
people. The last person who did that was crucified 2,000 years ago."

Confusion over the law

CANNABIS will be downgraded from a Class B to Class C drug on January 29.

But contrary to what some people think, it is not being legalised or
decriminalised. Dutch-style cannabis coffee shops will still be against the
law in the UK, as will the supplying, possession and consumption of cannabis.

Possession offences will carry less severe penalties. According to the Home
Office, this is intended to recognise that while cannabis is a harmful
drug, it is less harmful than other Class B drugs such as amphetamines. It
is also intended to allow police to concentrate on Class A drugs such as
heroin, crack and cocaine.

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