Campaigner will keep using cannabis, but walks free from court
A CANNABIS campaigner who admitted supplying the class C drugs to other pain sufferers has escaped a jail sentence – but received a stern warning from a judge.
During sentencing at Plymouth Crown Court, Judge Francis Gilbert made it clear to Stuart Wyatt – who wants to see cannabis legalised for use in pain relief – that he was not above the law.
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SUFFERING: Stuart Wyatt uses the drug to relieve his pain from ME and is also being tested for MS
During an exchange with Wyatt's advocate Ali Rafati, Judge Gilbert responded sharply to the news that the 36-year-old's "use of cannabis was ongoing" to mitigate the pain he constantly suffered.
Judge Gilbert replied: "Well, that's his misfortune, isn't it? I'm afraid the reality is your client is or has been acting illegally and breaking the law."
He said that while Wyatt might feel he had some justification to use cannabis, "I do not", but added: "As an act of mercy, I will suspend sentence. He must face the consequences if he chooses to break the law again."
Prosecutor David Gittins explained how police had arrested Wyatt – a former fiddle player with Irish folk-rock band Mad Dog McRea – at his home in St Mary Street, Stonehouse, on June 12 last year.
They had attended on an unrelated matter, but searched the premises and found quantities of herbal matter and a small hydroponic growing set-up.
While initial weighing suggested the drugs amounted to 714g, it was finally agreed by police and the Crown Prosecution Service that much of this consisted of unusable twigs and remains rather than leaves and buds.
Wyatt, who has a working diagnosis of chronic fatigue syndrome (ME), but is also being tested for multiple sclerosis, was interviewed and admitted that for the previous five months he had produced cannabis.
Mr Gittins said Wyatt had told police he used the drugs purely for medicinal purposes, often turning it into a paste which he applied to his body to ease the pain he suffered.
He also admitted he supplied the paste to other people who also suffered painful conditions, who in turn passed it on to more people in similar circumstances.
Mr Gittins revealed Wyatt never sold the paste or received any financial benefit from passing on the cannabis. He also recognised Wyatt had no previous convictions.
In mitigation, defence barrister Ali Rafati drew the judge's attention to the pre-sentence report and reports from doctors at Derriford Hospital who authenticated Wyatt's suffering and the positive effects of the cannabis on his body.
He claimed Wyatt's condition was "incredibly debilitating" and that he endured "a difficult life".
However, in sentencing, Judge Gilbert emphasised Wyatt could no longer break the law, and told him if he had received any money for the drug he would have gone to prison.
"You must understand cannabis is an illegal drug, whatever view you have about it," he said. "It's not your privilege to choose whether what you do is lawful or illegal. There is no excuse. You're subject to the law like any other person."
He then sentenced Wyatt to eight months for producing cannabis and 12 months for supplying cannabis, to run concurrently, before suspending it for two years.
Outside court Wyatt, supporting himself on two walking sticks, said: "I'm shocked that after two years of trying to get a dialogue or debate within Government, I'm not allowed to say a word in court.
"I'm stuck in the position that the only drugs available to me – anti- psychotic or anti-depressant drugs with pain-killing effects – would cause damage to my mental health. My mental health is the only healthy part of my body that remains", he said.
"Cannabis works for me and many other people. There are about 30 or 40 people I know of in Plymouth who use cannabis to combat the pain they endure.
"If I'm caught using cannabis I will be sent to prison – where, ironically, I can get even more drugs."
Asked if he would continue to help others by supplying cannabis, Wyatt replied, "definitely not."
When asked if he could or would stop using cannabis himself for the next two years, Wyatt smiled before answering, "No comment".
46 Comments
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by trudie2010
Tuesday, January 17 2012, 10:57AM
“Can someone explain to me where the scientologists come into this, I already know what a load of blood sucking life wrecking parasites they are, I just can't see where they fit in this story. Cannabis use is against the law, and is a criminal offence, but this guy doesn't actually seem to hurt anyone else, and like it or not there are worse things being done.”
by Right Reverend Gregory Karl Davis, Sheffield, Jamaica
Monday, January 17 2011, 3:03PM
“We pray for the blessings of Jesus Anointed this day upon Stuart Wyatt.
In Jeremiah,
For the breaking of the daughter of My people am I broken; I am blackened; desolation has held me firmly. Is there no balsamic resin [dronabinal (USAN)] in Gilead? Is there no physician there? Why has not the healing of the daughter of my people arisen? viii. 21, 22.
In the same prophet,
Go up to Gilead to take resin [dronabinal (USAN)], O virgin daughter of Egypt! In vain you have multiplied medicaments; there is no healing for you. The nations have heard of thy disgrace, and thy clamor has filled the land; for the mighty man has stumbled against the mighty, and they are fallen both together. xlvi. 11, 12.
In the same prophet,
Suddenly Babel has fallen and been broken; wail over her! Take resin [dronabinal (USAN)] for her pain; perhaps she will be healed. We would have healed Babylon, but she is not healed; forsake her, and let us go every one into his own land: for her judgment reaches unto heaven, and is lifted up even to the higher clouds. Jehovah has brought forth our justice; come, and let us recount in Zion the work of Jehovah our God. li. 8-10."”
by Right Reverend Gregory Karl Davis, Sheffield, Jamaica
Monday, January 17 2011, 3:00PM
“The blessings of Jesus the Anointed are in prayer for Stewart Wyatt.
In Jeremiah,
For the breaking of the daughter of My people am I broken; I am blackened; desolation has held me firmly. Is there no balsamic resin [dronabinal (USAN)] in Gilead? Is there no physician there? Why has not the healing of the daughter of my people arisen? viii. 21, 22.
In the same prophet,
Go up to Gilead to take resin [dronabinal (USAN)], O virgin daughter of Egypt! In vain you have multiplied medicaments; there is no healing for you. The nations have heard of thy disgrace, and thy clamor has filled the land; for the mighty man has stumbled against the mighty, and they are fallen both together. xlvi. 11, 12.
In the same prophet,
Suddenly Babel has fallen and been broken; wail over her! Take resin [dronabinal (USAN)] for her pain; perhaps she will be healed. We would have healed Babylon, but she is not healed; forsake her, and let us go every one into his own land: for her judgment reaches unto heaven, and is lifted up even to the higher clouds. Jehovah has brought forth our justice; come, and let us recount in Zion the work of Jehovah our God. li. 8-10."”
by Tom Miscaviage, teegeeack
Monday, January 26 2009, 2:25AM
“ok i ave never used drugs of any kind b4 but what staurt was doing shouldn't be illegal anywhere he was relieving his pain and people like him pain did money ever exchange hands no. i have spoken to stu b4 he's a nice guy who hates injustices the fact that he faces injustice everyday is a shame i wish him best of luck thanks for all the inspiration wyatt. OH AND VICKE BOYCE IS A THIEF!!!!!!!!!!!!!!!!!1!”
by Charlie, Plymouth UK
Monday, January 19 2009, 12:08PM
“In response to critics, especially the scientology one:
1. Stuart never claimed to be above the law, simply that the law is wrong, Ghandi broke what he saw as unjust laws as part of his protests.
2. Most problems attributed to drugs are caused by their prohibition. This is not to say drugs should be free to all or that drug issues would go away if they were BUT prohibition is the least effective way to manage any problem.
3. Legalising cannabis was voted the most important subject on President elect Barrack Obama's change.gov citizen's briefing website. Revoking the church of scientology's tax exempt status was 9th. The will of the people has spoken in the USA too. Wonder which issue will be dealt with 1st.”
by chaos, hells kitchen
Monday, January 19 2009, 2:34AM
“sounds like the dianetics cult doing what they do best attempting to bring down any good man who stands against them and a little odd to see the justice system working in favour of cultists , this man has my best wishes and darkest of warnings scientologists dont give up until they have blackened your whole existance and ruined you financially.”
by Sympathiser, Plymouth
Monday, January 19 2009, 12:51AM
“Emerald, could you please provide a link where it has been proven cannabis has been laced with speed (aka amphetamine sulphate)? You may have difficulties, as this just does not happen.
What we are seeing though is herbal cannabis being laced with crushed glass, silicon crystals, powdered metals, waxes, solvents - in fact anything that can boost the weight, thus reap a greater profit for the commercial foreign mafia organisations who control the cannabis market. I dread to think of the health implications in 10-20 years time from people who have been unwittingly smoking this stuff.
Prohibition is not working, and has never worked. There is NO hard evidence that cannabis is in fact sufficiently dangerous enough to be included in the misuse of drugs act, and when you consider the damaging effects of alcohol and cigarettes, it makes a total mockery of the law.”
by emerald, plymouth
Monday, January 19 2009, 12:21AM
“Gary, I wasn't suggesting that anyone in their right mind would cut speed into their cannabis!! However, I must have misread all of the cases where unscroupulous dealers have laced their cannabis with speed - sometimes with dire results!!
The whole point is that one counterreacts with the other - no one would take it willingly (but hey I might be wrong on that too!) - but if you know more on the subject I'll bow to your knowledge! As I said I've never tried it - never wanted to, the horrific side effects of my legal medication has seen to that! Anyone doing anysort of drugs when they don't have a medical condition making it compulsory, in my own opinion is an absolute idiot! By the time the body and brain is destroyed by dependence their is most often no way back to normality - friends, family and those around you end up suffering far greater than the druggie who's only requirement is their next fix! Cured in one trip to rehab? - I don't think so!!!”
by ben, plymouth
Sunday, January 18 2009, 11:00PM
“why bother...i can understand he shouldn't sell it on, but for his own personal use just to stop his pain there shouldn't be a problem in my opinion. even in the usa it can be used legally for medical purposes in most states, although mainly just for terminal cancer but thats beyond the point.....i don't think it should be completely legalized but for medical purposes i'd certainly give it the thumbs up, after all it's your body to do whatever you are personally comfortable with.”
by Sympathiser, Plymouth
Sunday, January 18 2009, 8:30PM
“J. Plymouth -
Are you saying that Stuart should have been sent to jail? What threat is he to society? Who does this law protect, and who is the victim in Stuart's 'crimes'?
Yes, Stuart broke the law. There is no denying that - and he is the first to admit it. Stuart's argument is that the law is wrong and unjust, and he has been lobbying the government for over 2 years to get answers on some important points.
The fact that the government has refused to speak to him speaks volumes.
You would not ban opiate medicine for sick people just because a minority of people abuse heroin? So why ban cannabis based medicine just because the same substance can be used/abused recreationally?
The law does not make sense, and I applaud Mr Wyatt for the stand that he made.”