The Medical Innovation Bill, legislation calling for the right to use ‘alternative treatments’ in the fight against cancer has projected medical cannabis as a concept into thousands of South African homes. The Late IFP MP Mario Ambrosini addressed South Africa’s Parliament and President Zuma himself in February 2014 with a plea to research cannabis as a safe, effective medication for the dis-ease cancer brings to the body.

Surely it is an individuals right to ingest whatever they care to, perhaps more so when faced with a terminal diagnosis, to ease the pain?
That being so, Cannabis remains illegal in all natural forms whether it be for medication or recreation.

Or is it.?

When Jeremy Acton, Leader of the Dagga Party of South Africa challenged the Western Cape High Court with a Stay in Prosecution of all Dagga Cases nationwide, pending the outcome of the Dagga Couple’s Constitutional Challenge, he was rejected and the motion denied.

Within the State’s Heads of Arguments papers the following was noted by the Director of Public Prosecutions:

“It is incorrect to say that there is a total ban on cannabis. Currently, the Medicines Act permits the use of cannabis for medicinal purposes under the supervision of medical professionals as well as the prescription of cannabis for use off the premises of a hospital (Section 22A)”

Correct us if we are reading this wrong, but that seems to imply that if you had a doctor prepared to prescribe the plant, you could obtain the plant as medicine.

A young South African activist whom we know well has chosen to dig deeper into this curious statement by government. He recently penned this letter to the South African Human Rights Commission:

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(cut & paste from Facebook 25.08.14)

With regards the denial of a medical treatment option

To whom it may concern

I am writing to you as a medical patient in need of a specific medical treatment option, which is currently being denied to me. I believe that this is a gross violation of my human rights as a South African and in accordance with the Universal Declaration of Human Rights adopted by the United Nations in 1948 –

“Everyone has the right to life, liberty and security of person” (Article 3).

“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control” (Article 25, Paragraph 1).

I have contacted three separate doctors with regards my need for a prescription or written recommendation to use cannabis as a treatment for my neuropathy and insomnia associated with a serious spinal compression injury involving fractured vertebra and as a safe, natural bronchodilator with which to treat my lifelong chronic bronchial asthma. My daily life is turmoil health wise.
With regards to the responses I got from doctors in light of my question – the first doctor failed to provide an answer (via social media). The second doctor whom I made an appointment with and met in person told me that while he was aware of some of the cannabis plants benefits he personally had no firsthand experience writing prescriptions for it for his patients. The third and most recent doctor who I communicated with via her receptionist told me firstly that it was illegal so she couldn’t prescribe it, but then upon more questioning from me she admitted that she had prescribed it once before, but that it was to a female patient who had terminal breast cancer. I got the distinct impression that she was somehow suggesting that my conditions were not serious enough to warrant a prescription for cannabis which is certainly not accurate.

I know that cannabis works for me personally, because I have used it before while living in Europe when visiting the Netherlands where it is available as a legally obtainable treatment option. There is no justification for cannabis not to be permitted for South African patients who are in need of it.

According to a representative from the South African government in papers filed in Case 15793/13 WCHC, Cape Town, Acton vs Minister of Justice and National Prosecuting Authority – The following is taken from the Directorate of Public Prosecutions’ (2nd Respondent) Heads of Argument:

“It is incorrect to say that there is a total ban on cannabis. Currently, the Medicines Act permits the use of cannabis for medicinal purposes under the supervision of medical professionals as well as the prescription of cannabis for use off the premises of a hospital (Section 22A)”

No distinction is made between the types of disabilities/diseases/health conditions, etc. that may qualify a patient for a prescription to use cannabis as a treatment option. I therefore believe that I have been discriminated against in being denied this treatment option.

I have also made attempts to contact the Western Cape Department of Health and lodged an application to gain a permit to grow a couple of cannabis plants to be used for my own personal use as medicine. I am still waiting for responses from both of these departments but have been told that they will get back to me when they have had time to look over my communications.

I am acutely aware of IFP MP Dr Ambrosini’s Medical Innovation Bill which is currently before the South African Parliament, but it does not make any mention for cannabis being used as a medical treatment for any conditions besides cancer as far as I can ascertain. This would obviously not be of any help with regards my personal position and circumstances.

I would like to know what course of action you suggest to take this matter further.I am in a lot of discomfort and would therefore for obvious reasons like to expedite this process as quickly as possible.

I look forwarding to hearing from you at your earliest convenience.

Sincerely
Alexander Dowding

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To his surprise he received not one but two replies shortly after:

Dear Alexander
Thanks for this email. I have forwarded it to our investigator, including those in Cape Town, who will be in contact with you.
Please feel free to check with me should you not get any response by mid-next week.

Kind regards,
Isaac Mangena


Dear Alexander
I am pleased to tell you that our Western Cape provincial office has just indicated to me that the matter has been registered for investigation.
You should be getting their call as soon as the office opens on Monday.

Regards,
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Have you got a condition that you KNOW is treatable with cannabis and works well for you?
Maybe you should do as Alex has done. Write that letter. Ask the government WHY you cannot obtain a safe, natural, non toxic plant to treat yourself with. If thousands of us wrote the same letters – someone in government somewhere would surely have to respond to the requests?

Email Mr Isaac Mangena at the SAHRC:   imangena@sahrc.org.za

Tell us how you get on. Something must give somewhere eventually…..
and BIG UP to Alex……..