A business man who began cultivating cannabis herb at home to treat pain has been spared jail.
Noel Tobin told Judge Pauline Codd at Dublin Circuit Criminal Court that he wanted to use cannabis to treat his pain but wanted to avoid having to interact with drug dealers.
He said he was in an awful lot of pain after twice breaking his wrist but was concerned about becoming addicted to painkillers.
He said he bought the seeds and growing equipment, including heat lamps and silos, all legally from head shops when they were legally operating in the capital.
Tobin (46) of Tonlegee Road, Dublin 5 pleaded guilty to cultivation of cannabis at his home on December 14th 2016. He also admitted possession of cannabis for sale or supply.
Suspending a prison term of four years, Judge Codd said that she was not condoning his behaviour.
She said she accepted as genuine his reasons for deciding to use cannabis but said this was improper and criminal.
“The court cannot endorse that. Half the country would be using it as painkillers if that was a proper use for it. It is an improper use,” she said.
Tobin told gardaí that he produced cannabis herb from the plants he had. He said this for his own use but said he did share it with some friends and that people knew he was growing it because “word gets around”.
Garda David Moran said when gardaí went to search the house they found nine plants with an estimated value of €7,200. They also found two jars of cannabis herb, valued at around €4,800.
Tobin has a previous conviction for possession of drugs for sale or supply and in 2007 he received a prison sentence. Luigi Rea BL, defending, said this conviction came about as a result of Tobin’s becoming addicted to cocaine and running up a drugs debt.
Mr Rea said his client has a blind cleaning business which only reopened ten days ago after the Covid19 lockdown and was now very busy again.
The court heard evidence of Tobin’s involvement in supplying “meals on wheels” during the lockdown as well as ongoing charitable work with local scouts and a boxing club.
The married father of three told Judge Codd: “I knew what I was doing. I didn’t want people coming to the house selling me cannabis.”
Judge Codd noted that gardaí did not find any of the usual paraphernalia of drug dealing such as weighing scales or tick lists. She said she was impressed by his references and charitable work.
The sentence was suspended on condition Tobin keep the peace. Judge Codd told him “I don’t want to see you again on any drugs charges”.
Tobin earlier noted that he was arrested on his birthday and said he was unlucky on his birthday. Judge Codd told him “You make your own luck on your birthday”.