Pubdate: Sun, 14 Feb 1999
Source: Sunday Mail (Australia)
Contact:  Chris Taylor

POT GETS JUDGE'S APPROVAL

A QUEENSLAND judge has ruled marijuana use is acceptable for pain relief.

The landmark ruling was criticised by medical professionals and anti-drug
campaigners, who said there was no scientific evidence the illegal drug
eased pain.

Justice Alan Demack last week discharged an invalid pensioner, 54, who
pleaded guilty to unlawfully producing and possessing a dangerous drug and
two related charges.

Anthony George Bulley, of Dalrymple Heights near Mackay, said he used
marijuana for chronic back pain.

Legal sources said such a defence was not uncommon but had not succeeded
before.

Drug Arm education and training co-ordinator Mark Brown said the ruling sent
a dangerous message, particularly to young people.

"It's still an illegal substance and the man should have been penalised," he
said. "In fairness, there is evidence that it does have some therapeutic
benefit. But that doesn't come from actually smoking the drug but from pills
containing (the psychoactive ingredient in marijuana) THC."

Australian Medical Association federal president David Brand said: "There is
no scientific evidence available from proper trials to justify the use of
marijuana in palliative care.

"We don't advocate that patients partake in illicit drugs."

Attorney-General Matt Foley last night declined to discuss the court
decision.

Police charged Bulley after they uncovered 150 mostly immature marijuana
plants last September.

The court was told he was forced to quit his job as a plumber after
suffering a back injury about six years ago.

In July 1996, he had spinal surgery in Rockhampton but an infection left a
hole at the top of the spine.

Justice Demack found Bulley successfully used marijuana instead of narcotic
pain killers to counter considerable pain "of a chronic nature" and did not
impose a conviction or penalty.

He said once Bulley used marijuana he had been able to give up oral
narcotics.

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