"Even if you are prescribed cannabis, it is not up to you to obtain it yourself"

Friday 26 July 2024

A 30-year-old who had been prescribed medicinal cannabis for his anxiety and sleep issues has been fined for attempting to import the drug to the island himself.

David Michael Kelly had said the aim was to "to tide him over" until his prescription drugs arrived – but, during his Magistrate's Court appearance this week, Magistrate Bridget Shaw was clear that: "Even if you are prescribed cannabis, it is not up to you to obtain it yourself."

The Court heard that the offence occurred on 27 November last year, when a package arrived at the home of Kelly's next-door neighbour.

Advocate Katie Ridley, prosecuting, said the neighbour opened the package, found the small amount of cannabis and called the police.

Kelly admitted the offence immediately and explained that he had been prescribed medicinal cannabis to alleviate anxiety and sleep problems.

"He said he needed this to tide him over until the medicinal cannabis arrived," the advocate said.

Advocate Alexander English, defending, said Kelly was "a conscientious, hard-working father of four".

He added: "He is genuinely remorseful, and mortified by the embarrassment this has caused his partner."

Magistrate Bridget Shaw decided not to imprison the 30-year-old for the offence or sentence him to community service because of the impact it could have on his family.

Instead, she decided to impose a fine, allowing him to pay at the rate of £50 per week, rather than a harsher sentence.

However, she warned: "If you come back here, the sentence is going to rise."