On Friday, the Appeal Court refused Peter Brown, 45, of Lark Rise, Blackthorn, Northampton, permission to challenge his conviction.

Brown, 45, of Lark Rise, Blackthorn, was given a two-year conditional discharge last December at Northampton Crown Court after admitting he had grown cannabis.

Brown, on crutches, briefly argued his case before Lord Justice Kay, Mr Justice Silber and Mr Justice Leveson, who already had read written submissions.

But Mr Justice Leveson refused his application, rejecting claims about his proposed defence and the argument that his human rights had been breached.

Cannabis a 'necessity'

Brown argued that cannabis was a "necessity" to him because of his need to take the drug for chronic pain.

He said lawful medication either did not work or left him with adverse side-effects.

After considering arguments and documents, including medical reports and Brown's police interview, the court ruled the facts did not give rise to a defence which could properly be left to a jury.

In December 2001, police went to Brown's home and he took them to an upstairs bedroom where cannabis plants were growing using a hydroponics system.

Mr Justice Leveson said the defence of necessity or duress was available in cases - when viewed objectively - it was found a person faced death or serious injury.

Brown said his pain put him in the serious injury category, but Mr Justice Leveson noted the evidence made it clear it was possible for him to control his pain through legitimate means.