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Medicinal cannabis grower acquitted
BBC News On-line (UK), July 22, 1999
A man who grew cannabis to relieve his pain from spinal injuries has been
acquitted of cultivating and possessing the drug with intent to supply.
Colin Davies, 42, was acquitted by a jury at Manchester Crown Court after a three-day trial despite admitting in court that he had set up a co-operative to help fellow pain sufferers by providing them with cannabis.
Supporters of Mr Davies, of Stockport, Greater Manchester, burst into applause in court as the verdict was announced.
Mr Davies, a unemployed joiner, admitted starting to taking cannabis three years ago after suffering from the side effects of conventional drugs.
But he pleaded not guilty to cultivating and possessing cannabis in his flat with intent to supply.
Mr Davies claimed that he was forced to use it out of medical necessity and supplied it to two sufferers of multiple sclerosis for the same reason.
The jury was told that Mr Davies was going through a "living hell" with the pain he suffered from his injuries sustained in a fall five years ago.
His counsel Richard Orme said in his closing speech: "This case is not whether you are for or against recreational cannabis-taking.
"It is about the treatment of sick, seriously ill or dying people. Mr Davies' reality is his living hell. You cannot imagine what he is going through."
But Howard Baisden, prosecuting, told the jury: "This case is about a breach of the law as it stands in this country at the moment. There is no defence because Mr Davies did cultivate cannabis and did supply it."
Mr Davies was arrested in November last year after police raided his flat and found 26 cannabis plants being grown with specialist equipment.
The raid came only five days after Home Secretary Jack Straw rejected the
recommendations of a House of Lords select committee that the use of cannabis should be allowed for medical reasons.
The British Medical Association has urged the courts and police to be aware of the beneficial effects of the drug when considering prosecutions until research trials are completed.
Cannabis co-op man arrested
by David Ward, The Guardian (UK), November 19, 1998
A founder of a co-operative formed to supply free cannabis to people with
multiple sclerosis and other conditions has been arrested. He will appear
in court next month charged with drugs offences.
Colin Davies, of Stockport, Greater Manchester, was arrested at his flat on Tuesday and questioned for eight hours at a police station. Officers
removed 28 cannabis plants from his bedroom, and other property, including letters, address books and details of co-op members.
Mr Davies, who smokes cannabis to relieve a painful back condition, is
charged with cultivating, possessing, possessing with intent to supply, and supplying cannabis.
The arrest comes within a week of the Government rejecting the
recommendation of a House of Lords committee that doctors should be able to prescribe the drugs to patients with an accepted medical need. It is also exactly a year since Mr Davies was arrested and charged with cultivating cannabis. He defended himself in the crown court and was acquitted.
With two colleagues, Mr Davies set up the Medical Marijuana Co-operative in October to provide those seeking pain relief with cannabis of consistent quality. They have had inquiries from all over the country.
"I have never denied that I have been growing cannabis for my own use to
help with the pain I suffer and to help relieve the pain and suffering of
others in the co-operative," he said yesterday.
"I have already faced the ordeal of criminal prosecution and been
vindicated. The jury at my trial was convinced that I was growing marijuana as a medical necessity. I have no reason to believe that a new jury will not come to the same conclusion."
Mr Davies's arrest at the end of a spell of debilitating illness was
greeted with outage by co-operative members. One its founders demanded to
be immediately arrested.
"Colin has supplied me with cannabis," said Andrew Coldwell, from
Huddersfield, who has MS and is confined to a wheelchair. "I asked him to
supply me and he has met my medical needs. I challenge the police to come
and charge me.
"They are persecuting a man who has already been through the courts."
He vowed the co-operative would continue to supply people who did not want to become involved with street dealers. "This is a hiatus which we will overcome. The Home Office waited for the Lords report and the political response to it - and then went for Colin."
Cannabis to go on sale for sick people
Campaigner unveils Britain's first "official" illegal drugs network
by Rachel Ellis, The Express (UK), October 25th 1998
Britain's first official network to supply sick people with marijuana has been launched.
Colin Davies last week set up a non-profit making operation to grow and sell the drug. He was cleared of growing cannabis in his home earlier this year after claiming he used it to ease back pain, and hopes the launch of the network will highlight the need for a change in the law to allow marijuana to be used as a legitimate pain reliever.
At the moment, however, the 40-year-old father of two from Stockport, Greater Manchester; risks prosecution. "After my case in June, I received letters from all around the country from people who were sick and dying," he said, "I realised how bad things were out there and how we treat our sick as criminals. The law needs redressing to ensure that patients and their primary care workers who obtain and use marijuana for medical purposes are not subject to criminal prosecution."
Mr Davies launched the network just weeks before the House of Lords Committee on Science and Technology publishes its report into the medicinal uses of cannabis. He based the co-operative on one in Los Angeles and already has the public backing of three multiple sclerosis sufferers.
"We are all people who are vulnerable and at risk," said Andrew Coldwell, of Huddersfield, who has been smoking cannabis for seven years to relieve the symptoms of MS. "We have a genuine desire to secure our medication without resorting to lining the pockets of so-called drug barons. We want to make this drug available to people who need it to maintain their quality of life."
Hamish Crisp, 44, of Edinburgh, was diagnosed with MS nine years ago and consumes seven grams of cannabis every three weeks. He said: "I hope this will enable people to have some confidence in the purity of the substance we are consuming and prevent us from associating with a criminal underclass in which we patently do not belong.
"The continued apparent unwillingness of the government seems to leave us with little choice." Mr Davies said the co-operative will grow marijuana at a secret location which will be supplied on a non-profit making basis for (UKP) £40 to (UKP) £60 for 14 grams. Strict checks will be made on those applying to buy the drug and anyone who tries to sell it would be struck off the programme and reported to the police.
"We would like the police to be involved on the verification side because this is not cannabis for recreational use but for people who medically need it," said Mr Davies. "We know that by setting up the co-operative we run the risk of prosecution but it is a chance that we are prepared to take."
A spokesman for Greater Manchester Police said: "It is a criminal offence to cultivate cannabis and anyone who does runs the risks of being prosecuted."
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