Cannabis for pain grower

Court Reporter | Monday, February 13, 2012 7:54

A man who was found growing cannabis plants was using it for medicinal purposes and was going to bake some of it into a cake, the Wanganui District Court has heard.

Michael Rush, 39, was convicted on one count each of cultivation, possession of cannabis, possession of utensils for drugs, and possession of cannabis for supply and sentenced to six months' community detention and six months' supervision, by Judge David Cameron.

In a search of Rush's home in August last year police found seven well-tended cannabis plants, 40-100cm in height, and near full maturity.

Potting mix and insecticide was also found.

In the kitchen, 190g of dried cannabis leaf and head was found, and a "tinnie" next to a set of scales. In a bedroom, a cannabis pipe with burnt materials was found.

Rush's counsel, Richard Leith, said Rush had a knee injury which required ongoing treatment and possibly surgery. He had told him he had been going to use the cannabis to cook into a cake for pain-relief purposes.

He said the cannabis was for his own use, and he used the pipe to smoke it, but he may have shared it with other people.

Police prosecutor Stephen Butler pointed out that Rush had pleaded guilty to a charge of possession of cannabis for supply.

Judge Cameron said Rush's criminal history showed he had only one prior cannabis conviction in 1989, but had various other unrelated convictions from then on to 2008.

His pre-sentence report showed he lived with and had care of a 14-year-old son, and highlighted that for nine years before going on ACC in 2007 with a knee injury, he was a hard-working butcher. His injury required ongoing specialist services, and because of the state of his health and care of his son, the report didn't recommend home detention. It was considered it would be unduly onerous on his son and would restrict his care.