Uk legalization, Why it is inevitable from a legal point of view.

Discussion in 'Marijuana Legalization' started by Megyci, Apr 17, 2010.

  1. In the UK there is indeed a defence which would at the very least provide the right for medical marijuana users. Simply this is the defence of necessity, to simplify, the defence of doing the lesser of two evils.
    Historically this defence did not exist in any capacity in law, but in 2001 in Re A (Conjoined twins:Surgical Separation) a criteria was set forth as to when it would apply. Quite simply, it can be as to "act is needed to avoid inevitable and irreparable evil ii No more should be done than is reasonable necessary for the purpose to be achieved and thirdly Evil inflicted must not be disproportionate to the evil avoidable."
    Now, on its own this seems to cover conclusively the medical marijuana problems as the suffering of Ms patients must be indeed greater than the "evil" caused by breaking the law.
    Therefore under any legal system it would seem that some form of decriminalization/ legalization for that specific problem would occur!
    WRONG!
    in R v Quayle it was held that this defence was not available to medical marijuana users. it is better summed up in "the defence of necessity and the supply of cannabis" with "Whilst such an outcome is hardly surprising given the import of the Misuse of Drugs Act 1971, nonetheless the medical cases in this arena are palpably inconsistent. The defence of medical necessity has been solipsistically deployed by our judiciary for reasons of policy rather than strict logic."
    Therefore, sooner or later the courts will have to be challanged upon this and either hold that Re A was incorrect or hold that Quayle was. As necessity does exist with in English law, i think that it is only a matter of time before britain too, has medical marijuana.
    hope this wasnt too boring!
     
Loading...

Share This Page