The Dutch Supreme Court Tuesday upheld an appeals court ruling allowing a patient suffering from multiple sclerosis to grow marijuana for therapeutic purposes. The high court found that while marijuana cultivation is illegal in Holland, patients could use what amounts to a medical necessity defense to avoid prosecution.
The court upheld an October 2006 ruling in the case of MS sufferer Wim Moorlag and his wife, Klasiena Hooijers, that the couple could grow marijuana for use in alleviating his illness. In trial court, the pair had been convicted of marijuana cultivation and fined $350. But the conservative Dutch government challenged the appeals court ruling, saying it set a precedent that could endanger the country's tolerant approach to marijuana.
Moorlag and his wife argued that they needed to grow their own because marijuana available in Holland's famous coffeeshops could contain fungi and bacteria harmful to MS sufferers.
It is not clear what impact the decision will have on other Dutch medical marijuana patients. But after the 2006 appeals court ruling, Moorlag's lawyer said the decision meant that other patients, such as people with AIDS, would also be able to legally grow their own medicine.