Pubdate: Fri, 27 May 2005
Source: Daily Telegraph (UK)
Copyright: 2005 Telegraph Group Limited
Contact:  http://www.telegraph.co.uk/
Details: http://www.mapinc.org/media/114
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)

ATTEMPT TO LEGALISE CANNABIS FOR EASING PAIN FAILS

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 that the Class C drug could not be used out of necessity 
to alleviate severe pain even if the user was under duress.

Cannabis cannot be used out of necessity

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.

Lord Justice Mance, sitting with Mr Justice Newman and Mr Justice Fulford, 
said the general prohibition on cannabis in the 1971 Misuse of Drugs Act 
showed that any benefits perceived or suggested for individual patients 
were regarded as outweighed by the disbenefits of allowing its use.

They 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.

They rejected the appeals of five people who had been found guilty of 
taking the drug.

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

The five included 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.
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