States ban on medicinal cannabis to be challenged in court?

  • National cannabis campaigner describes States decision as ‘irrational’.
  • Two Islanders saw their petitions to allow them access to the drug, or cannabis-based drugs, rejected by the Assembly last year.
  • JEP readers overwhelmingly support legalising cannabis

A DECISION by the States not to allow Islanders with chronic illnesses to use cannabis for medicinal purposes could be challenged in court.

  • The Netherlands – Cannabis was decriminalised in the Netherlands in the 1970s
  • The United States – Although still widely illegal for recreational use, cannabis was recently made legal in the states of Colorado and Washington. Other states are expected to follow
  • Uruguay – The South American country recently legalised the use and production of cannabis – the first country in the world to do so.

Peter Reynolds, leader of the UK’s largest pro-cannabis group CLEAR Cannabis Law Reform, said he and an Islander who was denied access to cannabis were seeking a judicial review to overturn the decision made by the Assembly in December.

Mr Reynolds described the decision by the States to deny three chronically ill Islanders special licences to the use the class B drug for pain relief as ‘irrational’.

Two Islanders saw their petitions to allow them access to cannabis or cannabis-based drugs rejected by the Assembly last year.

And a 72-year-old widow suffering from multiple-sclerosis also had her petition to be prescribed the cannabis-based drug Sativex withdrawn after it emerged the Health Minister did not have the power to issue such a licence.

Now, the pro-cannabis campaigner said people needed to move away from a ‘fear’ of making cannabis legal and added that due the Island’s autonomy from the UK it had the chance to be a pioneer in the legalisation of the drug.

‘Jersey has a tremendous opportunity, it is in unique position to lead the way on this,’ he said.

Peter Reynolds, the leader of Cannabis Law Reform (CLEAR), formerly known as the Legalise Cannabis Alliance

‘I am working with one of the people who took the issue to the States at the moment and we are working on taking their decision to a judicial review because in my opinion it was a wholly irrational decision. This can be taken before a court, before a judge and the judge can review how this decision was made and if he decides it was irrational it can be overturned.’

  • Many Rastafari, who follow the Rastafarian religion which is a denomination Christianity, believe cannabis, which they call ‘ganja’, ‘the herb’, or ‘Kaya’ is a sacred gift of Jah (God) and may be used for spiritual purposes to commune with him but should not be used profanely.
  • However, other drugs, including alcohol, are frowned upon. Many believe that the wine Iyesus (Jesus) drank was not an alcoholic beverage but simply the juice of grapes, or other fruits.

Mr Reynolds said the push for a judicial review, which would mean a court would decide whether or not the case should be re-debated in the States, was still in the early stages.

Last month, more than 90 per cent of respondents to a JEP poll backed legalising the drug in the Island. It followed comments from Jason Wyse, chief executive of the Silkworth Charity Group that supports the Island’s most desperate drug addicts and alcoholics warned that legalising the ‘gateway’ drug would set Jersey on a dangerous downward spiral.

In December the States rejected two petitions brought to the Assembly by St Brelade Deputy Montfort Tadier to allow them to use cannabis or cannabis-based drugs to fight pain caused by chronic illnesses:

Ann Hill

Ann Hill who suffers from painful muscle spasms caused by multiple sclerosis

72-YEAR-old grandmother Ann Hill, who suffers from painful muscle spasms caused by multiple sclerosis, told the JEP that she was disappointed that the petitions had been rejected by the States.

Mrs Hill had asked to be prescribed the cannabis-based drug Sativex free of charge.

The medicine has been available privately in Jersey since 2008 but costs between £300 and £500 per month.

Deputy Tadier withdrew the part of the petition relating to Mrs Hill’s case after it emerged that the Health Minister did not have the power to issue such a licence.

The House then rejected a part of the proposition that called for a wider review of how the drug is provided in Jersey by 29 votes to 16.

Fibromyalgia patient

In another case a 29-year-old Islander who suffers from incurable fibromyalgia – a long-term condition that causes serious pain – had asked to be prescribed Bedrocan BV medication, a type of medical cannabis which is not currently licensed in Jersey or the UK.

The House rejected that move by 35 votes to ten, with Deputy Louise Doublet the only Member to abstain.

Then, in the closest vote of the afternoon, the House rejected a more general call, which had been lodged alongside the petition, for the States to review procedures for people who have exhausted all other treatment options apart from those involving cannabis.

The move was rejected by 26 votes to 20.

Evelyn Volanté

Evelyn Volanté has complex health problems

In the final case to be considered by the Assembly, single mother Evelyn Volanté had asked to be granted a special licence to be allowed to possess cannabis to help with her complex health conditions.

That request was rejected by 32 votes to 11, with one abstention from Deputy Doublet.

Lucia Pagliaron from Guernsey who has set up a petition lobbying to make cannabis legal across the Channel Islands.

He said: ‘Let me also tell you some more FACTS. There have been MILLIONS of deaths from Alcohol. There have been NO known deaths from Marijuana without underlying problems. You would have to smoke 26,000 Marijuana Cigarettes within the space of 15 minutes to overdose which is impossible.

‘You must set aside your stigma involving this drug and bear in mind that alcohol, nicotine, caffeine are all a form of drugs. Goovernment’s have a campaign “The War on Drugs” but this is not working. Drug useage has increased and cartels and drug dealers are making trillions per year, while the government are spending trillions trying to fix something that will never be fixable.

‘You may have been brainwashed by the government using the word drug and making everything associated with it seem dangerous and deadly. Well this is not the full case. Marijuana is also not addictive physically, it is only mentally addictive.

‘The reason for this petition is so we can get as many signatures as we can from Channel Islanders so I can then present this to our deputies who make our laws, so this can be reviewed and changed. So we can come up with a new strategy that will benefit both parties.’

You can sign the petition here

  • A drug which goes under a variety of names – dope, pot, marijuana, grass and ganja to name a few – cannabis is used by millions of people worldwide.
  • People with chronic or terminal illness also use it for relief of symptoms.
  • A bushy plant, Cannabis sativa, which grows wild in many countries and is easily cultivated here, is the source of cannabis. The active ingredients are chemicals known as tetrahydrocannabinols (THC), and the potency depends on which part of the plant is used.
  • Hashish, or hash, is the most popular form in this country, and is a resin scraped from the dried plant and compressed into blocks. Less potent is herbal cannabis, the dried leafy parts of the plant (or marijuana).
  • Most people use it rolled up in a cigarette, neat or mixed with tobacco. It also can be added to food, or brewed into a drink.
  • It can cause users to experience a mellow high and become giggly but as it is a depressant it can make takers feel lethargic and sometimes depressed.
  • The drug can also be used for medicinal purposed to relieve pain for a range of chronic illnesses. However, other side-effects of the drug include increased pulse rate and decreased blood pressure, bloodshot eyes, dry mouth, increased appetite and occasional dizziness. The effects usually start a few minutes after smoking and can last up to one hour at low doses and two to three hours at higher doses. Eating or drinking cannabis takes longer to have an effect but can last for 12 hours or more.
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