Edwin Stratton, of High Road, Leyton, has had an application for a judical review of the decision to prosecute him for growing cannabis turned down (From East London and West Essex Guardian Series)

Edwin Stratton, of High Road, Leyton, has had an application for a judical review of the decision to prosecute him for growing cannabis turned down

3:50pm Thursday 2nd July 2009 in

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A DISABLED former rock drummer charged with growing cannabis has lost a landmark legal challenge against his prosecution.

Edwin Stratton, 43, who suffers from a severe gluten allergy and claims to need cannabis to alleviate his symptoms, was charged with growing the drug after plants were discovered at his Leyton High Road flat following a fire.

In an unusual legal challenge, Mr Stratton applied to the Divisional Court arguing that Waltham Forest Magistrates Court's application of the Misuse of Drugs Act is discriminatory because other drugs, such as cigarettes and alcohol, are legal.

The case was heard by the Lord Justice Leveson, the most senior presiding judge in England and Wales, at the High Court yesterday.

Justice Leveson turned Mr Stratton's application for a judicial review down, saying the “multiplicity of cases” emanating from a decision to grant the review would be problematic.

Mr Stratton said: “The decision could have potentially meant that every prosecution under the Misuse of Drugs would have been brought to a halt.

“But this is supposed to be a court of law, not a court of politics.”

Mr Stratton will now take legal advice to determine whether he has a right of appeal against Justice Leveson's decision.

He said: “I see this as a victory regardless, it is raising awareness and is not just about winning but about the fight.

“I am not going to say sorry for doing something which is significantly less harmful than taking legally available drugs.”

Mr Stratton is due to appear at Waltham Forest Magistrates Court on July 21.