Dutch Court Allows Cannabis Cultivation For Therapeutic Use
THE HAGUE (AFP) — The Dutch Supreme Court on Tuesday upheld a landmark appeal court ruling that made it legal for a patient with multiple sclerosis to grow cannabis for therapeutic use.
Upholding the October 2006 ruling, the higher court said that "exceptional circumstances" meant an "illegal scheme can be justified when committed out of necessity.
"The state of necessity is established," it added.
The judgement followed a decision by the public prosecutor's office to challenge the appeal court's ruling which allowed MS sufferer Wim Moorlag and his wife Klasiena Hooijers to grow cannabis in order to alleviate his symptoms.
According to the Dutch government, the ruling set a precedent which endangered the country's tolerant policy on cannabis use. The sale and consumption of small quantities of the drug are permitted in licensed coffee shops.
Moorlag and his wife, who had been growing cannabis in order to ensure a private supply, were fined 250 euros (350 dollars) in a 2004 prosecution.
The MS sufferer, who requires three grammes of cannabis per day, earlier told the authorities he was compelled to produce his own cannabis.
Cannabis purchased in coffee shops, he said, could contain fungi and bacteria especially harmful to MS sufferers.
After the 2006 court of appeal ruling Moorlag's lawyer said the judgement meant that other patients such as people with AIDS could also legally grow their own cannabis.
Dutch citizens can legally purchase up to five grammes of cannabis per day and be in possession of up to 30 grammes for their own personal use without being prosecuted. Growing or selling cannabis, however, is illegal.
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Source: AFP
Copyright: 2008 AFP
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Website: Dutch court allows cannabis cultivation for therapeutic use
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Dutch Court Allows Cannabis Cultivation For Therapeutic Use
Up to 5 plants grown outdoors without any artificial light or commercial growing equipment is currently tolerated in most cases.doobydave wrote:I thought the dutch were 'allowed' 4/5 plants anyway, regardless of medical reasons.
Is that wrong?
A medical patient needing 3 grams of medical grade bud per day is a whole different thing. This case has been going on for years and is a landmark decision that will affect many other current cases and make the police have to make new policies and be more cautious on their raids. It is very good news.
Until they took your medicine and fined you maybe? I wish it was that easy but it's not and this ruling is irreversable which makes it very special.sh@dy wrote:If I had MS I would give a fuck about what the government says.....really.darkglobe wrote:Excellent news...Now if only the rest of the world could be as sensible
btw, did you get my email I send like a week ago or something?milehigh wrote:Until they took your medicine and fined you maybe? I wish it was that easy but it's not and this ruling is irreversable which makes it very special.sh@dy wrote:If I had MS I would give a fuck about what the government says.....really.darkglobe wrote:Excellent news...Now if only the rest of the world could be as sensible
of course its not that easy...but i would prefer selling a fine over taking some shit medicine which destroys your body
MS patient cleared to grow cannabis
MS patient cleared to grow cannabis
17 September 2008 15:23
A man who suffers from multiple sclerosis has been give the green light to grow his own cannabis after the Dutch Supreme Court (Hoge Raad) backed a lower court decision not to prosecute him for breaking drugs laws (Opiumwet).
Growing cannabis is illegal in the Netherlands. However, five years ago the government agreed to the production and sale of cannabis for medical use, on condition the drug is only grown by registered professional growers. A number of different types of the drug are now available on prescription from pharmacies. But as none of the prescription versions helped Wim Moolag and he suffered negative side effects, the MS patient decided to grow his own plants which did relieve his pain. Experts say Moolag managed to find a plant that contains elements that benefited him.
After police had arrested and fined Moolag, a Leeuwarden court decided to discharge him. The public prosecution department then contested that ruling in the Supreme Court, which backed the lower court’s decision.
The Supreme Court ruled that exceptional circumstances can justify an unlawful act “in case of an emergency” and that this was an emergency for this specific patient. The court found it plausible that "only the cannabis he himself grows has the beneficial effects".
The question now is whether the ruling will influence government policy on medicinal cannabis. It remains to be seen if other patients follow the Moolag's example and try to grow their own.
Wim Anker, Moolag's lawyer, said the verdict is “a benchmark” ruling for numerous other patients in similar situations. Rather than see others try to prove their special circumstances in court, Anker wants to see the current law changed. He is calling for legal exceptions for everyone who does not respond well to pharmacists’ cannabis, but who does benefit from other types.
Source
17 September 2008 15:23
A man who suffers from multiple sclerosis has been give the green light to grow his own cannabis after the Dutch Supreme Court (Hoge Raad) backed a lower court decision not to prosecute him for breaking drugs laws (Opiumwet).
Growing cannabis is illegal in the Netherlands. However, five years ago the government agreed to the production and sale of cannabis for medical use, on condition the drug is only grown by registered professional growers. A number of different types of the drug are now available on prescription from pharmacies. But as none of the prescription versions helped Wim Moolag and he suffered negative side effects, the MS patient decided to grow his own plants which did relieve his pain. Experts say Moolag managed to find a plant that contains elements that benefited him.
After police had arrested and fined Moolag, a Leeuwarden court decided to discharge him. The public prosecution department then contested that ruling in the Supreme Court, which backed the lower court’s decision.
The Supreme Court ruled that exceptional circumstances can justify an unlawful act “in case of an emergency” and that this was an emergency for this specific patient. The court found it plausible that "only the cannabis he himself grows has the beneficial effects".
The question now is whether the ruling will influence government policy on medicinal cannabis. It remains to be seen if other patients follow the Moolag's example and try to grow their own.
Wim Anker, Moolag's lawyer, said the verdict is “a benchmark” ruling for numerous other patients in similar situations. Rather than see others try to prove their special circumstances in court, Anker wants to see the current law changed. He is calling for legal exceptions for everyone who does not respond well to pharmacists’ cannabis, but who does benefit from other types.
Source
Cannabis is The Tree of Life