Gareth: self-medicating and growing without a prescription

Facts. Gareth, 52, has MS. He grows three plants because he cannot afford a private prescription.

What the law says. Medical necessity is not a defence. In R v Quayle [2005] EWCA Crim 1415, the Court of Appeal held that a defence of medical necessity was not available for cultivation, possession, importation or supply of cannabis, because it would conflict with the legislative scheme.[40][41][42][43] R v Altham [2006] EWCA Crim 7 followed this, rejecting an Article 3 argument.[44] Genuine medical use can still be mitigation, supporting the own-use, lesser-role account and the public interest assessment. In NI it is a listed mitigating factor (Scenario 22).[45]

Myth. "My prescription (or my condition) lets me grow." No prescription authorises cultivation.

Help. Release; MS Society; your GP or specialist about lawful options.