A DISABLED man accused of growing cannabis will today try to convince a judge that his prosecution for growing the drug is discriminatory.
Edwin Stratton, 43, of High Road, Leyton, suffers from a gluten allergy and claims to need cannabis to alleviate his symptoms.
He has been given permission for a pre-trial hearing at Snaresbrook Crown Court this morning where he will argue that the courts’ application of the Misuse of Drugs Act is discriminatory under the Human Rights Act because other arguably more harmful drugs, such as cigarettes and alcohol, are legal.
Article 14 of the act prohibits discrimination on a number of grounds, including association with property. Mr Stratton will put am abuse of process argument before Judge Peter Birts QC.
Mr Stratton, who has already had a request for a judicial review turned down, has entered a provisional plea of not guilty, which will only stand if Justice Birts rules there was not an abuse of process.
By Carl Brown