Disabled Guernsey woman sentenced for importing medicinal cannabis

Friday 19 October 2018

As Jersey considers whether to make medicinal cannabis available on prescription by GPs, a disabled Guernsey woman has been handed a suspended prison sentence by the island’s Royal Court for importing a derivative of the drug.

Christine Smith (65), who suffers from multiple sclerosis and uses a wheelchair, yesterday admitted importing 'delta tetra hydra cannabidiol', a Class A drug under Guernsey laws.

Smith, whose chronic pain and fatigue are so severe that previous court hearings left her bed-ridden, arrived at her sentencing to a crowd of supporters protesting the law meaning that she was facing jail time.

After around an hour of deliberation, Judge Graeme McKerrell handed down a two-year suspended prison sentence, leaving Smith free to leave the court.

Her defence advocate told the court she had not known the substance was Class A when she agreed to have it sent to her - she actually thought it was Class C - but did acknowledge she knew it was illegal. 

Pictured: A peaceful protest took place outside of the Court before the hearing, but Smith's advocate said she was not going to the court to protest what she had done, and accepted her actions.

A syringe filled with 5.01g of the cannabinoid was seized by Customs Officers earlier this year at Guernsey Post, whose staff marked the parcel addressed to Smith for inspection. Inside, they found the syringe inside a cardboard tube.

While the court heard there was no exact street value for the specific substance Smith was importing, it was compared to a similar case in Nottinghamshire, where the amount would have been worth £200.

Following Guernsey sentencing guidelines for Class A drugs, it was deemed that the amount was more than what is usually treated as being for ‘personal use’. But Judge McKerrell gave Smith credit for her cooperation with the investigation and early guilty plea to the charges.

While the court's starting point was seven-years’ jail time, mitigating factors saw this chopped to two years, suspended. 

Pictured: Judge Graeme McKerrell.

"This should not offer comfort to others who are going to be tempted to break the law," Judge McKerrell said.

While many supporters of both Smith and medicinal cannabis had gathered ahead of the hearing, during her mitigation, Smith’s defence lawyer said she knew what she had done was against the law, and regretted it sincerely. 

"There is a view, from the protestors outside, that we shouldn't be here today… Mrs Smith has come to court accepting responsibility for her actions. At no point did Mrs Smith refer to her condition as an excuse for her behaviour, and she accepts there there are others who cope without. She has come to court to accept her punishment," he said. 

The news comes as Jersey, which has already legislated in favour of allowing islanders to access some cannabis-based medication, considers whether to extend prescribing rights to GPs.

This incident of a sick woman being given a 2year (suspended) prison sentence is a disgrace. This could equally happen in #JerseyCI, is suspect. It may constitute “Torture” & a breach of Article 3 #ECHR rights https://t.co/gueSqBpZPz @GollopGuern @deputybaz @bailiwickxpress pic.twitter.com/ifKgaMH5Hv

— Montfort Tadier (@DeputyTadier) October 18, 2018

Sativex is the only cannabis-derived medicine currently available on prescription from the hospital pharmacy, after the island became the first place in the British Isles to allow such products to be given to patients.

However, according to Deputy Montfort Tadier - a long-standing supporter of relaxing the law to allow islanders to use cannabis to alleviate pain, particularly multiple sclerosis and cancer sufferers - the process to get hold of it involves long waiting lists and needs to be changed.

In a report laying out his proposals, he questioned why GPs should be able to prescribe "much stronger, dangerous and addictive medicines, including opioids”, calling for his fellow politicians to support the plan he believes will be of particular benefit to sufferers of MS – like Smith – and cancer.