Report: 7:54am AEST
COURT OVERTURNS DRUG CONVICTION

PAUL KIELLY A Byron Bay woman's had a four month old Cannabis conviction
overturned in the Lismore district court on medical grounds.

40 year old Lynette Whalen says she uses the drug to treat painful symptoms
of her lymphatic cancer, which she was diagnosed with four years ago.

Four months ago Byron Bay Magistrate Pat Caldwell ordered her to pay a
thousand dollar fine over seven plants Police found at ther home.

Judge Robert Ducker upheld an appeal this week in Lismore, finding the
offence proven but that no conviction would be recorded.

Ms. Whalen says the state Government should follow the lead of other states
in decriminalising or allowing users to grow limited amounts of Cannabis.

She says other drugs she's taken since the earlier conviction have done her
more harm than good.

LYNETTE WHALEN: Strong anti-anxiety tablets which I've never taken in my
life before and it's been hard. Tablet form that you don't know what you're
taking, that's my opintion anyway. I've tried all sorts of medications and
it seems to be the one that works for me.

Report: 1:40pm AEST
MARIJUANA ADVOCATES WELCOME COURT RULING

PAUL KIELLY Advocates of medical marijuana have welcomed the quashing of a
conviction for cannabis
against a Byron Bay woman, but say the case has not set a precedent.

The Lismore District Court ruled that no conviction be recorded against
Lynette Whalen,
who says she uses the drug to alleviate pain from cancer.

The Byron Bay court had fined her $1,000 over seven plants.

Her solicitor, Steve Bolt, says the decision shows how courts should be
treating the issue for those who have a medicinal use for cannabis.

Nimbin doctor David Helliwell says it is a case where everyone appears to
have done the right
thing, having discussed the issue with her doctor.

Dr Helliwell says while the validity of medical marijuana still hinges on
inividual judges, the ruling means doctors can speak more openly.

DR DAVID HELLIWELL We can now actually explain to patients pharmacologically
why cannabis is helpful," he
said.

Five years ago I couldn't.

The data's coming in clearly that cannabis is a drug, we knew that.

Cannabis acts on brain receptors and has a role in the management of some
medications.