"Or you can amend legislation to allow a specific defence for the cultivation and medicinal use of cannabis," he said.. "It cannot be right that you and your cabinet colleagues are allowing some of our most vulnerable citizens to have to contact some of the most dangerous people in our society in order to obtain an effective natural medicine."
May I bring to the Prime Minister's attention the situation of my constituent Mrs. Biz Ivol, who is being prosecuted for the cultivation of cannabis which she uses to get some relief from the pain that she suffers as a result of having multiple sclerosis? Does the Prime Minister really believe that the war against drugs will be won by making a criminal of a 54-year-old woman who has led an otherwise blameless life and who is now confined to a wheelchair? When will the Government act to legalise the medicinal use of cannabis and bring an end to the nonsense of prosecutions such as the one facing my constituent?
Response from Tony Blair (Prime Minister, HM Treasury)
I understand the concerns that the hon. Gentleman raises and those of his constituent. As he probably knows, we are currently reviewing the issue of cannabis and people with diseases such as multiple sclerosis. We are not yet in a position to state the findings of that review, but we are giving it urgent
consideration. We understand that there is potentially a distinction between those who need cannabis for medicinal purposes and those who do not. I am sure that people will take a sympathetic view of the position of the hon. Gentleman's constituent, although that must remain a matter for the authorities, not the Government. 03/07/2002, source – Hansard
Mr Carmichael’s constituent Ms Ivol, who described the pain from her MS as "feeling like someone is pulling barbed wire through my spine" passed away in September last year.
The authorities did not take a sympathetic view in the case of Ms Ivol and they are NOT taking a sympathetic view in other such cases. Seriously ill people are still being arrested by the police and prosecuted by the CPS for the medicinal use of cannabis.
The Court of Appeal, in May this year reminded us that;
23. The Runciman Report in 2000 contained a further comprehensive review of the position and arguments relating to therapeutic use of cannabis. The Report’s overview reads:
“We have also considered the issue of the therapeutic use of cannabis. We are in no doubt that the therapeutic benefits of cannabis use by people with certain serious illnesses outweigh any potential harm to themselves or to others. We have nothing to add to the detail of the report of the House of Lords Select Committee on Science and Technology. We are particularly surprised that one of the grounds for the Government’s summary rejection of its recommendations should be anxiety about the capacity of GPs to withstand pressure for the prescription of cannabis when they have always been able to prescribe heroin for pain without any apparent problem. We do not consider that the relevant International Convention prevents the transfer of cannabis and cannabis resin from Schedule 1 to 2 of the Regulations, thereby allowing its prescription. We recognise that until the current research programme produces a cannabis plant with a standard dose of THC, the main psychoactive ingredient, rules will need to be devised to govern what is to be provided under prescription, and by whom. We do not see that as an insurmountable problem. In the interim, we have recommended a specific defence in the law in the event that a person is charged with possessing, cultivating or supplying cannabis for the relief of certain medical conditions.”
In relation to this defence, the Runciman Report recommended that the burden of proof should rest upon the accused. This would, it suggested, meet this country’s international obligations and enable spurious defences to be rejected.
You may cultivate the enclosed cannabis plant, and donate the female flowering tops (in about 8 weeks time) to an MS sufferer, or if you wish, you may return it and I will happily convert the cannabis into capsule form and donate it on your behalf. This could of course constitute an offence under the MDA 1971.
As an alternative to committing a criminal act, you have the power (as advised by the Runciman Report five years ago) to reschedule cannabis from schedule 1 to schedule 2, thereby allowing prescription by GP’s, or you can amend legislation to allow a specific defence for the cultivation and medicinal use of cannabis
It cannot be right, that you and your Cabinet colleagues are allowing some of our most vulnerable citizens to have to contact some of the most dangerous people in our society in order to obtain an effective natural medicine
A similar letter and a cannabis plant have also been sent (recorded delivery) to your Cabinet colleagues, please discuss ending this shameful injustice at your next cabinet meeting.
Yours truly
J. Ditchfield
