Cork man who grew cannabis to relieve chronic pain avoids jail

While accused pleaded guilty to cultivation and possession of cannabis for sale or supply, he described the supply as sharing the cannabis with one friend for pain relief

Gardaí found a cannabis grow-house and 39 cannabis plants at various stages of maturity at the defendant's home.

Chronic pain prompted a Fermoy man to experiment with the cultivation and use of cannabis to relieve pain, but gardaí with a warrant arrived at his home and discovered a sophisticated grow-house.

Paul Walsh, aged 45, of Deerpark, Fermoy, Co Cork, pleaded guilty to cultivation of cannabis and possession of the drug for the purpose of selling or otherwise supplying to another.

Now, at Cork Circuit Criminal Court, Judge Helen Boyle has imposed a two-year suspended sentence on Walsh. While he pleaded guilty to the charges, he described the supply as sharing the cannabis with one friend for similar purposes — pain relief.

Garda Cormac Axson testified at Cork Circuit Criminal Court the search warrant was executed on August 18, 2023, at the defendant’s home in Deerpark. Found during the search was a cannabis grow-house and 39 cannabis plants at various stages of maturity.

The grow-house had specialised lighting, thermo-controlled heating, ventilation and an irrigation system to facilitate the illegal enterprise. A second area was set out with a dehumidifier and related equipment to dry out the grown plants.

The potential yield from the plants on maturity amounted to €31,200, and the dried-out herb had a value of €5,000.

Donal O’Sullivan, defending, said the defendant’s high electricity bill would have alerted authorities to spike in energy use and the illegal activity. Gard Axson said gardaí were also aware of the defendant purchasing cannabis seeds online.

Mr O’Sullivan said the accused had a tumour removed from his leg and had a lot of pain which prescribed medication was not alleviating.

As for the drug valuations, Mr O’Sullivan accepted this was how gardaí assessed the amount of the cannabis seized, but he said in this case the values were not as relevant because the drug was mainly for the defendant’s own use.

Counsel said the DPP directed this could have been dealt with at district court level, but the judge in that court declined to accept jurisdiction.

Judge Boyle said: “The State evidence is that you were in pain and you were using it yourself for medicinal purposes. You were also supplying to a friend in a similar position. You were not profiting and you had no previous convictions. 

"And you have not come to the attention of gardaí since. It is of course illegal. Pain relief has to be prescribed.” 

While the judge said a two-year sentence was appropriate, it could be fully suspended in the circumstances.

When the sentencing concluded, Paul Walsh said: “I just want to say thanks to the guards on how they treated me throughout the case and to everyone else involved.”