Pubdate: Sat, 10 July 1999
Source: Guardian, The (UK)
Copyright: Guardian Media Group 1999
Contact:  http://www.guardian.co.uk/
Author: Vikram Dodd

JUDGE FREES MAN WHO USED CANNABIS TO EASE RHEUMATISM

A grandfather walked free from the Old Bailey yesterday after a judge
accepted that 300 grammes of cannabis found in his house was to alleviate
chronic rheumatism.

Albert James, 65, whose sight and hearing is also failing, admitted
possession. Charges of intending to supply the drug were dropped.

Judge Simon Goldstein told Mr James: "If the law changes then you will be
one of the first persons, I suspect, to go and see your doctor, who will
prescribe you with some form of derivative of cannabis to help you."

The judge accepted that Mr James used herbal cannabis in his tea to relieve
crippling pains shooting through his arms and legs.

Police raided his home in Lewisham, south-east London, on May 2 last year
and discovered a pot containing herbal cannabis. "He said he used it to make
tea," said Ian Darling, prosecuting. "In effect, he was saying it was to do
with his health and the crown takes the view that this defendant is by no
means a well man."

Mr James, originally from Jamaica, was conditionally discharged for
possession of cannabis in 1997 after a judge accepted he used it to remedy pain.

Judge Goldstein asked Julia Postill, defending: "Is it possible in this
country for a medical practitioner to prescribe cannabis or a derivative?"

Miss Postill replied: "No, but there is a great deal of discussion in the
Commons and in the Lords about certain legislation. It looks as though times
are changing and now the understanding is that a minuscule amount of
cannabis can be great reliever of pain."

Miss Postill said that Mr James had been an exceptional citizen in this
country. He had worked as a painter and decorator until illness had stopped him.

"He is a man who presents no risk to other members of the public," Miss
Postill added.

She said that Mr James no longer took cannabis "although he misses its
beneficial effects".

The court heard that Mr James suffered from diabetes, neuropathy and
osteoarthrosis.

Judge Goldstein allowed Mr James to remain seated as he told him: "The best
news I have heard this morning, if it is true, is that you have given up
cannabis as a remedy for your obviously very severe pains.

"But whilst it [cannabis] remains against the law you run the risk of ending
up in a dock in the crown court. I accept on this occasion, as on the last
occasion, you had this drug because you used it in tea because you thought
it relieved certainly some of the symptoms and the pain that you suffered from.

"I say that because it is true in your particularly case."

He conditionally discharged Mr James for three years.

The smartly dressed defendant thanked the judge and hobbled away from the
dock with the aid of his walking stick.

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