A pensioner who claimed the seven cannabis plants in his attic were to treat his back pain has been given a two and a half year suspended sentence.
Robert McLoughlin (66) was arrested after gardaí got an anonymous tip and secured a warrant to search his house in Phibsborough Terrace, Marino. The court heard that the house has since been burned down and that an arson investigation is ongoing.
Judge Martin Nolan said that it would not be justified to impose a custodial sentence on McLoughlin due to his personal circumstances, medical problems, cooperation with gardaí and guilty plea. He also said there was “more to the case than meets the eye.”
McLoughlin pleaded guilty at Dublin Circuit Criminal Court to cannabis cultivation at his home on October 3, 2012.
Garda Sinead Downey from Clontarf Garda Station told John Quirke BL, prosecuting, that McLoughlin let the gardaí in and they found two heat lamps set up over seven cannabis plants worth €5,600 along with plant cultivating paraphernalia in his attic.
When interviewed McLoughlin first told the gardaí that everything in the attic belonged to him but that he hadn't been up there in years. In the same interview he admitted that the plants were his.
McLoughlin told the gardaí that he bought the seeds and paraphernalia at a local shop. Defending counsel Tony McGillicuddy BL, told the court that this was before a change in the legislation which outlawed the sale of such items.
He also said that there was no mention of sale or supply in the charge and the plants were only for McLoughlin’s personal use. Counsel said McLoughlin’s medical difficulties were clear for the court to see.
The defending counsel said that though it was not a matter for this court, McLoughlin had hoped that the government would legalise some cannabis based drugs for use in pain medication in the near future.
The court heard McLoughlin has been living in rented accommodation being paid for by his insurance company since his house burned down. McLoughlin’s back pain is due to a car crash he was in while living in the United States nearly 25 years ago.
