Man was unaware product he bought contained cannabis, Waterford court told
Waterford Courthouse
A man who was found with drugs in his home told gardaí he was unaware that the product he bought contained cannabis.
Matthew Walsh (38), of 28 The Glen, Waterford, pleaded guilty to possession of drugs with the intention to sell or supply, contrary to Section 15 of the Misuse of Drugs Act 1977 at a sitting of Waterford District Court before Judge Kevin Staunton.
He was also charged with possession contrary to Section 3 of the act.
Sergeant Michael Hickey was told that on August 25, 2023, at around 5:20pm, gardaí executed a search warrant at the defendant’s home.
Mr Walsh informed gardaí that there was cannabis on the property and retrieved a bag worth €2,000.
The court was told that Mr Walsh admitted at the time to dealing, but only to friends.
The defendant had six previous convictions, including for possession of drugs and theft.
Acting for the defendant, solicitor Ken Cunningham disputed the evidence that his client had admitted to sale and supply and the charge is based on the quantity of drugs.
He said that although his client did plead guilty to possession with the intention to sell or supply, he was using the drugs to self-medicate for a long-term mental health condition.
He said his client purchased the material because he believed it was below the legal THC limit and that he told gardaí he did not believe and hoped it did not contain cannabis.
“It has been explained to him that if it looks like cannabis, if it smells like cannabis and has some in it, it will be treated as such,” said Mr Cunningham.
He said that his client is “introverted” and has difficulty with social skills and hardly leaves his home.
The solicitor also pointed out that the incident happened almost three years ago and the defendant has not come to any negative garda attention since.
Sergeant Hickey said he would not disagree with that.
Judge Staunton said that given the defendant's record, he wasn’t sure he entirely believed him.
“I don’t think I accept everything in relation to his doubt about what was in the substance.
“This is a haul of substantial value and caused the gardaí to come to court to get a warrant,” said Judge Staunton.
Judge Staunton convicted him on the sale and supply charge and sentenced him to six months in prison.
However, he suspended that in full for a year on the conditions that the defendant not come to negative garda attention and abide by all the recommendations of the probation service in relation to drugs and mental health.
The judge took the possession charge into consideration.
