Pubdate: Sat, 28 May 2005
Source: Belfast Telegraph (UK)
Copyright: 2005 Belfast Telegraph Newspapers Ltd.
Contact:  http://www.belfasttelegraph.co.uk/
Details: http://www.mapinc.org/media/42
Author: Mike Taylor
Bookmark: http://www.mapinc.org/find?207 (Cannabis - United Kingdom)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

CANNABIS COURT BID IS REJECTED

An attempt to effectively legalise the use of cannabis for the relief of 
chronic pain was rejected by the Court of Appeal today.

Three judges ruled against argument that conduct which would otherwise be 
unlawful was "excused or justified by the need to avoid a greater evil" and 
that the defence of necessity should be available to those who used or 
supplied the Class C drug to alleviate severe pain.

The court had been told that cannabis was more effective than conventional 
forms of pain relief and did not have the potentially serious and 
life-threatening side-effects of alternative treatments.

But the judges ruled that the defences of necessity or duress should be 
confined to cases where someone committed what would otherwise be an 
unlawful act to avoid "imminent danger of physical injury".

The court dismissed appeals by Barry Quayle (38), from Market Rasen, 
Lincolnshire; Reay Wales (53), of Ipswich; Graham Kenny (25), from Shipley, 
West Yorkshire; and Anthony Taylor (54), and May Po Lee (28), both from London.

All had been given either a fine, community service or suspended jail 
sentence for possessing or importing the drug.

The judges also ruled that the defence of necessity should not have 
succeeded in the case of Jeffrey Ditchfield, of North Wales, who was 
acquitted of possessing the drug with intent to supply it to victims of 
serious and painful medical conditions.
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MAP posted-by: Beth