The reason why Nicholas Devere Nicholls had more than nine pounds of marijuana growing at his Phillips Road, Cleavers Hill, St Joseph home was for medicinal use, he claimed.
The labourer, 35, admitted to the District “F” Magistrates’ Court at the Eric Holder Jnr Municipal Complex, St Joseph, that on Christmas Day he was in possession of 4.6 kilogrammes of cannabis, that he trafficked the substance, intended to supply it and cultivated it. The drugs had a street value of $2 312.85.
Magistrate Douglas Frederick fined Nicholls $1 000 for cultivation payable in one month, with the alternative of spending a similar time in jail if the fine is not paid. He was convicted, reprimanded and discharged on the other three charges.
Prosecutor Station Sergeant St Clair Phillips told the court police were called to Nicholls’ home in relation to another matter. When they arrived, they saw marijuana being grown in trays and pots – from seedlings to trees as tall as three feet.
Nicholls arrived and admitted the plants were his. In his explanation to the court yesterday, he said he was in an accident and had been experiencing pain ever since. Someone put him on to it and he had been using the ganja “as a painkiller” but found “it was a bit expensive”.
“Dr Who? the magistrate asked. “A man,” Nicholls responded, adding that he had in fact discussed it with his own doctor, who believed it might help but had not prescribed it.
“You can’t self-medicate. If a doctor had given you permission to use it, you would be all right . . . but look now you’re in trouble,” the magistrate stated.
In determining the fine, Magistrate Frederick said he considered that Nicholls had cooperated with police. ( SD)