R v Lawson

• Jurisdiction: Jamaica
• Judge: Semper, J.
• Judgment Date: 21 October 1959
• Neutral Citation: JM 1959 CA 5
• Date: 21 October 1959
• Court: Court of Appeal (Jamaica)

Court of Appeal

MacGregor, C.J.; Semper, J.A.; Duffus, J.A.

R.

and

Lawson

Appearances:

Coore for the appellant

F.G.Smith for the Crown

Criminal law - Possession of ganja — Definition of ganja — Medicinal preparation — Dangerous Drugs Law, Cap.90, ss.2, 7.

Semper, J.

1 The appellant was convicted on August 7th, 1959, by the resident magistrate, St.Andrew, on information charging him with being found in the possession of ganja, contrary to s.7 (c) of the Dangerous Drugs Law [J.]. From this conviction he appeals.

2 Section 7 of the Dangerous Drugs Law [J. ] provides:

“Every person who -

(c) has in his possession any … ganja; shall be guilty of an offence against this Law.”

“Ganja” is defined in s.2 of the Law as including “all parts of the pistillate plant known as cannabis sativa from which the resin has not been extracted and includes any resin obtained from that plant, but does not include medicinal preparations made from that plant.”

3 On January 3rd, 1959, the police visited the room of the appellant and in a search found a flask containing a mixture of liquid and vegetable matter. On analysis the contents of the flask were found to be a mixture of rum and ganja. The resin from the pistillate plant cannabis sativa was present. The vegetable matter consisted of stalks from the shrub. The exhibit, therefore, fell within the definition of ganja.

4 The appellant sought, however, to escape liability by proving that it was a medicinal preparation made from cannabis sativa. When he was arrested he said: “I am suffering from malaria fever and a friend told me it was good for it.” In evidence he expanded this statement, adding that his “expected” wife got the mixture for him, anointed him all over with the contents and that he felt better.

5 It was submitted that the appellant, having made use of the mixture for medicinal purposes, which was not and of course could not be contradicted by the Crown, on the authority of Nairne v. Stephen, Smith of Co., Ltd., & Pharmaceutical Society of Great Britain (1) and Berry v. Henderson (2), the mixture was a “medicinal preparation” within the definition of “ganja”.We do not agree. The evidence in this case negatives that the mixture was made or prepared in compliance with the Regulations made under s.9 of the Dangerous Drugs Law [J.].In fact it was not so contended at the trial, the evidence being to the effect that the exhibit was a crude admixture of stalks...