For medicinal reasons (From Stroud News and Journal)

For medicinal reasons

HABITUAL cannabis user Duncan Gourlay was given the go-ahead to carry on smoking the drug - by a judge.

Gourlay was allowed to keep his 'bong' and other equipment after a judge heard that he smokes cannabis for medicinal reasons.

Judge Gabriel Hutton even suggested that he would let Gourlay of Nouncells Cross, Stroud, keep the cannabis resin and leaf which had led to him being prosecuted.

But at Gloucester Crown Court on Friday the judge was persuaded by the defence barrister to order the destruction of the drugs because they are still illegal.

Giving Gourlay the softest sentence available in British justice - an absolute discharge - the judge said there was no point in imposing any penalty which required him to stop using cannabis.

He said it would be futile because Gourlay, 41, would clearly carry on smoking to ease the back pain caused by his sciatica.

Gourlay had pleaded guilty to possessing enough herbal cannabis to make up to 1,260 cigarettes and 1.53 grams of cannabis resin - enough for up to 30 cigarettes.

Prosecutor David Martin said police raided Gourlay's home at 7.45am on June 6 and seized the cannabis together with hydroponic equipment, a cannabis plant and a bong. Gourlay told officers that all the drugs they found at his house were for his own use as he was smoking about two joints a day on average and more at weekends.

Mr Martin said Gourlay had previous convictions for offences, including producing cannabis and possessing it. For his last offences, earlier this year, he was fined and was still paying off the fines at £2 a week.

David Maunder, defending, said Gourlay was a single parent looking after his six year old daughter.

Because of the sciatica he has suffered for the last twenty years Gourlay, a commercial vehicle driver, was unable to work and lives on income support, said Mr Maunder.

Judge Hutton asked "From what you say, he is going to go on using cannabis so what am I to do by way of a penalty?

"I see no point in fining him when he is already going take years to pay off his outstanding fines," said Judge Hutton.

And he added: "Although I may be wrong, I do accept that you are using this drug for reasonable purposes and therefore I am going to give you an absolute discharge.

As Gourlay was leaving court, the prosecutor asked the judge to make the usual order for the destruction of the drugs and paraphernalia seized by police.

But a few moments alter Mr Maunder asked the judge to reconsider because of the circumstances of the case.

Judge Hutton agreed it would be 'illogical' to order the destruction of the equipment.

For more Stroud-based stories, see this week's SNJ.