Limerick man receives suspended sentence for growing cannabis in 'unusual case'

A JUDGE has described the prosecution of a man with no previous convictions who was caught growing cannabis for self medication twice and who did not bypass the ESB as an “unusual case”.

Last November, Limerick Circuit Court heard the defendant - Michael Walsh, aged 64, of Monavaha, Shanagolden -was growing cannabis to self-medicate as he suffers very badly from the side effects of antidepressants.

Prosecuting barrister Lily Buckley, instructed by (the then) State Solicitor Aidan Judge, outlined the evidence with the assistance of Detective Garda Padraig Cronin and Garda David Higgins.

Having heard the evidence, Judge Dermot Sheehan asked for a medical report and adjourned the case.

In November, Ms Buckley said gardai executed a search warrant at Mr Walsh’s address on January 30, 2021.

“Gardai had obtained confidential information and carried out surveillance. There were two grow tents, 13 plants, approximately six feet tall and in full bloom. There were two plants drying out,” said Ms Buckley, who added that the value of the plants was €12,000.

During interviews, Mr Walsh told gardai he was growing cannabis for his personal use and that he didn’t sell or supply to other people.

The accused also told gardai the cannabis was for self-medication and that one crop would last him for a year. Mr Walsh said he bought the seeds online and the equipment to grow cannabis in garden shops.

Kenneth Kerins, defence barrister, asked Detective Garda Cronin if there were any trappings of wealth or evidence of sale or supply like phones in the property?

“No,” said the detective, who agreed that Mr Walsh was polite and fully compliant.

Ms Buckley said gardai executed another search warrant at the same address on July 26, 2021.

On this occasion, there were five plants in the early stages of growth.

Mr Kerins asked Garda Higgins if Mr Walsh told him he was using the cannabis plants to treat depression. Garda Higgins said yes and he agreed with the barrister that Mr Walsh was a “gentleman” to deal with.

In mitigation, Mr Kerins said his client, a qualified engineer, had a high-pressure job.

“He found himself in hospital due to illness. He became very low. He was diagnosed with bipolar in the late 90s. He has gone through three generations of antidepressants. He suffers very badly from side effects. He purchased some cannabis in the city and found great relief from cannabis. Due to the cost he decided to cultivate his own,” said Mr Kerins.

When the case was back before Judge Sheehan last week, Mr Kerins said drug analysis carried out on Mr Walsh was negative for all drugs and especially cannabis. “He instructs me he no longer uses cannabis. He had stopped taking antidepressants which caused the issue. He accepts he put himself into difficulties,” he said.

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Judge Sheehan said he was reassured by this information adding that it was an “unusual case”.

He noted that Mr Walsh told gardai he was growing the drugs for self medication and that the ESB was not bypassed.

“You were paying the ESB bill which is safer but more expensive. It is not normal. It is certainly to your credit that gardai described you as a gentleman and you have taken active steps to deal with it (cannabis use),” said Judge Sheehan, who added that recent newspaper coverage has shown just how dangerous cannabis use can be.

He imposed an 18-month prison sentence for the first cultivation offence and three years jail for the second offence as Mr Walsh “persisted in growing cannabis after gardai raided your house”.

Both sentences were fully suspended and a destruction order was made for the cannabis plants seized by gardai.