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UK: Judges to rule on 'medicinal' cannabis

Clare Dyer, legal correspondent

The Guardian

Thursday 17 Feb 2005

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The court of appeal will decide whether people who use cannabis to relieve
chronic pain can escape a criminal conviction by pleading they were acting
out of "necessity", in two groundbreaking appeals which started yesterday.

Lord Justice Mance, Mr Justice Newman and Mr Justice Fulford heard that
Barry Quayle, 38, had both legs amputated and suffered pain from damaged
tissue and "phantom limb" sensation. The other appellants are Reay Wales,
53, Graham Kenny, 25, Anthony Taylor, 54, and May Po Lee, 28. All were
given either a fine, community service or suspended jail sentence.

In the second case concerning a man named only as D, who was acquitted of
possessing cannabis with intent to supply, the attorney general is asking
the court to rule on whether necessity can be used as a defence where the
drug is supplied "for the sole purpose of relieving a preexisting
condition, such as multiple sclerosis".

Edward Fitzgerald QC, told the three judges that the defence of "necessity"
should be available when cannabis was used to alleviate the greater evil of
chronic pain.

Crown counsel Mukul Chawla QC said it could potentially empower those who
were "truly guilty" to put forward "wholly spurious defences".

 

 

 

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