Five months’ jail for owner of head shop selling controlled substance

The 47-year-old owner of a head shop which sold a substance which had been placed on the controlled drugs list has been given a five-month jail sentence.

Helen Stone, of Kilnapogue, Kealkil, Bantry, Co Cork, pleaded guilty at Killarney District Court last month to two counts in relation to possession of the unlawful substance and to having the drug for sale or supply at the Funky Skunk, Killarney, on Jan 30, 2012.

The matter had been adjourned for finalisation.

Garda Supt Fearghal Patwell outlined how gardaí entered the shop on information that a controlled substance was beings sold. An employee handed over 19 packets of the substance with the label Mad Alice, with a total value of €310.

The packets were seized and analysed, and were found to be a controlled substance.

Stone’s solicitor, Padraig O’Connell, said she had fully co-operated at all times with gardaí. The employee was not aware Mad Alice had become a prescribed drug, and that it should not be offered for sale.

However, “Ms Stone took full responsibility and admitted the items was on the premises and for sale”.

It had only just been put on the controlled drugs list at the time of the seizure, he said.

“There was nothing found wanting in Ms Stone’s behaviour at any time,” said Mr O’Connell.

Judge O’Connor lashed out at head shops at the hearing, and said they were “borderline” prem-ises and that they affected vulnerable people.

Stone, originally from England, had been in business for four years, and was renting the premises in Killarney. The shop also sold theatrical and other items.

Yesterday, Judge O’Connor indicated to Stone that she should agree to do a few days in jail.

However Mr O’Connell said this would not be acceptable “under any circumstances”. His client had taken full respon-sibility and had been fully co-operative, said Mr O’Connell.

Judge O’Connor then imposed a sentence of five months. Recognisances were fixed for appeal and Stone has been released on bail pending an appeal to the circuit court.