Supreme Court declines to hear important medical case

The Aotearoa Legalise Cannabis Party is shocked that the Supreme Court has declined an application to hear a case clarifying medical Cannabis laws.

The Court of Appeal did not challenge the presumption presented by defendant William McKee that patients with a doctor's approval, were exempt from prosecution for personal possession and use.

"It looked like a foregone conclusion that the Supreme Court would have to clarify the Court of Appeal ruling but by declining to do so they have left patients with chronic illness unsure if they can medicate lawfully or not," ALCP leader Julian Crawford said.

"The law is now ambiguous as to whether it is legal for a doctor to prescribe Cannabis to patients and whether those patients are entitled to be lawfully supplied Cannabis."

Cannabis researcher Geoff Noller PhD said in the Dunedin Star newspaper (25/9/13) that under law, physicians could prescribe whatever they saw fit to their patients.

Dr Noller said he was aware of at least one medical professional who was already prescribing Cannabis.

Furthermore, Mr McKee's lawyer Rosie Purchas received forms from the Ministry of Health to apply for her client to grow and deal in a prohibited plant legally. However, in the meantime, Mr McKee will begin a sentence of 6 months home detention.

ALCP are urging the Health Select Committee to urgently address the confusion surrounding the medical Cannabis laws and the exemptions to the law, given the Government had already ignored the Law Commission's recommendation to immediately initiate clinical trials of Cannabis.

ENDS

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