An elderly Tasmanian man who grew and sold cannabis to help people in severe pain has been spared jail after the Supreme Court recognised the compassionate motives behind his actions.
Andrew Leslie Irving, 74, from Oatlands, pleaded guilty to trafficking cannabis between May 2020 and July 2022. However, Acting Justice Shane Marshall emphasised that “mercy” was a key factor in his decision to suspend Irving’s 12-month prison sentence.
Irving’s journey into medicinal cannabis began when he saw the profound relief it provided his late wife, who suffered from a degenerative neurological condition. Witnessing the benefits firsthand, she encouraged him to assist others who were struggling with similar pain.
“Mr Irving’s interest in assisting others resulted in him undertaking a business in supplying medical cannabis,” Justice Marshall noted, describing Irving’s actions as having “very commendable noble aspects to them.”
At the time, legal avenues for obtaining medicinal cannabis were particularly limited in Tasmania, making it difficult for those in need to access relief.
The court acknowledged that Irving’s small-scale operation was not geared towards recreational use and had no evidence of causing harm to anyone. Over the two-year period, his cannabis sales amounted to approximately $42,000.
Irving was fully cooperative with police following a search of his Oatlands property in July 2022. He made early admissions and showed genuine remorse for his actions. The court also considered his poor health, previous good character, and heartfelt testimonials from individuals he had helped.
While he has avoided jail, Irving has been ordered to forfeit $4,000 in cash and pay a penalty of $42,454.39. Justice Marshall’s ruling highlights the evolving discussion around access to medicinal cannabis and the fine line between compassion and legality in Australia’s healthcare landscape.
The $42k was not a penalty but a forfeiture order made with the consent of his lawyer as confiscation of money earned in an activity that breached the law. The only “ penalty “ imposed by the judge was a 12 month wholly suspended jail sentence.