“No, I never intended to give it to anybody else,” she said.
“It doesn’t make me go all funny like if I drank wine,” she said. “It just stops the pain.”
After harvesting, she would prepare an extract from the plant material, including both the leaves and flowering buds.
“They grew very big,” she said. “I didn’t know they’d grow so big.”
“So what we have in that jar includes buds and stalks and leaves,” Mr Dwyer said.
Judge Pauline Codd dismissed the charge of drugs possession under the Probation Act.
A legally blind Dublin pensioner who did not expect her cannabis plants to grow as large as they did has been acquitted of possessing close to a third of a kilogram of the drug for sale or supply.
“No I didn’t,” she replied.
Cross-examining her, Mr Barnes put it to her that the variety she had bought, called ‘Friesian Dew’, was a “very potent strain of ‘skunk’” and asked why it would be more effective than the CBD sold legally here.
It’s not rocket science to grow and cultivate cannabis.
Last April, gardaí attending a traffic accident in North Cork made an unexpected discovery near the scene.
Gardaí were unable to detect the drugs, which were concealed “deeply” within a vehicle.
Ms Corrigan had, however, freely admitted to – and was duly convicted of – possessing the drug for personal use. Ms Corrigan had grown the cannabis herself outside her Dublin home. She told Gardaí, and the jury in Dublin Circuit Criminal Court, that she cultivated and used the drug to help manage the chronic pain caused by her illnesses.
Dr Cian Ó Concubhair and Dr Ian Marder say the DPP and Gardaí need a more common-sense approach in their application of certain drug laws.
Yet, even the recent change to the Adult Cautioning Scheme permitting its extension to cannabis possession would not have helped Mr Lee because of his prior convictions. Had Ms Corrigan’s case started more recently, it is possible she might have benefitted from this development.
The answer lies in how the law is structured to favour the prosecution in these cases. Under s15 of the Misuse of Drugs Act 1977, if you are caught with an amount of drugs deemed too much for personal use, a jury is permitted to assume you are engaged in sale or supply. In other words, s15 allows a jury to convict someone of drug dealing, even if the State provides no direct evidence to support the charge. This is why it was possible for Ms Corrigan to be prosecuted for the dealing offence.