A DISABLED man charged with growing cannabis has today been granted permission to argue in a pre-trial hearing that his prosecution for producing 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.
Appearing at Snaresbrook Crown Court today, Mr Stratton secured permission to argue that the courts' application of the Misuse of Drugs is discriminatory because other drugs, such as cigarettes and alcohol are legal.
MR Stratton has already had a request for a judicial review turned down.
But at Snaresbrook Crown Court today Judge Peter Birts QC decided to allow Mr Stratton a day to put forward an abuse of process argument.
Mr Stratton entered a provisional plea of not guilty, which will only stand if Justice Birts rules that there was not an abuse of process.
Mr Stratton's argument will be heard by Justice Birts at Snaresbrook Crown Court on April 26.
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