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UK: Five appeal cannabis convictions

BBC Online

Tuesday 12 Oct 2004

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It should not be a crime to use cannabis for chronic pain relief, the Court
of Appeal heard on Monday.

Four men and a woman are appealing against convictions for growing and
possessing cannabis, saying the drug was necessary for medicinal use.

In two cases heard on Monday one man is a double amputee and the other
suffers from bone and pancreas conditions.

They were convicted for not proving growing cannabis was necessary to save
life or prevent serious injury.


All five were given either a fine, community service or suspended jail
sentence when convicted.

Representing two of the men, Edward Fitzgerald QC, told the court: "The
primary concern of the cases is should it be a crime to resort to personal
use of cannabis for the alleviation of serious and chronic pain?"

'Greater evil'

Barry Quayle, 38, from Market Rasen, Lincolnshire, and Reay Wales, 53, from
Ipswich, were both afflicted by serious and chronic conditions, he said.

Mr Quayle had both legs amputated below the knee and suffered pain from
damaged tissue and "phantom limb" sensation, he said.


Mr Wales said in his original case that he suffered from pancreatitis,
liver damage, rheumatoid arthritis and osteoporosis.

Both men believed prescription drugs were ineffective and caused serious
side effects with the risk of addiction, he told the court.

He said the defence of necessity should apply in such cases, where actions
could be excused or justified because they were carried out to "avoid a
greater evil."

"Pain is capable of causing serious harm," added Mr Fitzgerald.

The hearing was adjourned to allow the Attorney General, Lord Goldsmith QC,
to give a response on the current attitudes of the Crown Prosecution
Service towards such cases.

'Important test'

The other three appealing are Graham Kenny, 25, from Shipley, West
Yorkshire, Anthony Taylor, 54, and May Po Lee, 28, both from London.

BBC Crime Correspondent Neil Bennett said the case will be an important
test of whether the legal position on cannabis is shifting.

Home Secretary David Blunkett has reclassified cannabis from a class B to
class C drug, but it is still a criminal offence to possess or supply it.

Cannabis has been found to relieve the symptoms of multiple sclerosis and
trials are under way to test its effectiveness and safety for other
purposes, as part of cancer treatment, for example.

But the medical argument has not been accepted by the courts.

 

 

 

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