 | NORML News: Courts show sympathy for med-pot users |
 GOVT SAYS CANNA-SPRAY IS ON WAY The good news is that judges have some sympathy for medical marijuana users, as three recent court cases have revealed. The bad news is that police still have nothing better to do with their time and taxpayers money than invading the homes of medical users, reports HARRY CORDING in Norml News Autumn 2004.
Christchurch company director Ian Jackson began smoking cannabis to relieve the pain of his chronic bowel condition, after finding that nothing prescribed by doctors was effective. He was busted growing his own, using a computer-controlled hydroponic system.
He told the court he was the only person in the company who could pitch for business in vital overseas markets, but drug convictions would prevent him from travelling. Justice Panckhurst accepted that he used cannabis to alleviate pain and that convictions could jeopardise the jobs of his employees. He discharged Jackson without conviction and ordered him to pay $7500 costs.
Darren Henderson is also an employer - his forestry contracting business has a staff of 5. He suffers from fybromyalgia, a debilitating form of muscular pain. He had tried various prescription drugs, which left him unable to work. When he began using cannabis medicinally, it relieved the pain and enabled him to go back to work. He was busted just before last Christmas for possession of 56 grams and cultivation of 12 seedlings.
According to Dr David Hadorn, "The use of cannabis in treating the symptoms of fibromyalgia is well accepted amongst those who are fluent in this field." Evidence from Dr Hadorn, along with other medical testimony, helped to convince the judge. Henderson was discharged with conviction, with his sentence deferred for 12 months - and no fine and no court costs.
68-year-old Dawn Willis of Waimate was busted growing cannabis plants to relieve her husband's pain after a stroke had left him incapacitated. Police found 80 cannabis plants in her garden, plus 12 grams of leaf, a pot of cannabis butter, 13 loaves and two cakes containing cannabis butter.
The court accepted that none of the herb was for sale, and Judge Edward Ryan sentenced her to 100 hours community service. The judge said there were processes to apply for permission to use cannabis medicinally, but admitted there had never been a successful application.
Last year the health select committee recommended the government investigate the prescription of clinically tested cannabis products for medicinal use.
David Buckle, spokesman for licensing agency Medsafe, said it was still waiting for Sativex cannabis spray to be licensed in Britain before it could be introduced in New Zealand. He said smoking cannabis for medical reasons would never be approved because smoking was damaging to health.
Buckle said 15 doctors had applied under the Misuse of Drugs Act for special approval to prescribe cannabis. However, none had been approved because cannabis was not available here in an "appropriate medicinal form".
Green co-leader Jeanette Fitzsimons has a private members bill before Parliament to amend the Misuse of Drugs Act to allow medicinal use of cannabis.
A Green Party survey of 500 doctors showed that a third would consider prescribing cannabis if it was legal, and one in five had patients they knew were using cannabis medicinally. In the meantime, anyone busted for medical marijuana should find it helpful to have a clear, written record of medicinal use with their doctor. Medical users can label their pot with official medical marijuana labels from Green Cross.
GREEN CROSS
Medicinal Cannabis Support Group of NZ (Inc)
PO Box 27-209 Mt Roskill, Auckland
Ph 09 620 9709 (Mon-Fri 11am-3pm only)
www.greencross.org.nz
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