Darryl Colin Horne outside the District Court.
- Darryl Colin Horne must stay off drugs for 42 days to avoid jail
A CANCER sufferer and convicted drug grower who says he uses cannabis for “medicinal’’ purposes has been allowed more time to prove the illegal drug eases his symptoms.
Darryl Colin Horne is facing a custodial sentence after being convicted in August of cultivating a controlled plant for sale and trafficking a controlled drug.
Cannabis plants and dried cannabis worth $30,000 were found in his Salisbury home in 2013.
Horne, 56, who has leukaemia, insisted he used just an ounce of the drug daily to control pain and other symptoms.
On Tuesday, District Court Judge Davison said that, while she accepted regular drug tests showed Horne had decreased his use of cannabis, the court had not seen medical evidence proving that using the drug lessened his medical condition.
She warned that she could not consider imposing a suspended sentence until medical proof was presented to the court.
“I’ve been presented with no evidence to show that his use of cannabis for medicinal purposes is required, needed or even helpful,’’ Judge Davison said. “I’ve got no evidence before me that shows the use of cannabis assists in any way at all with this condition.
“In relation to pain relief, there’s no medical evidence before me that suggests he requires cannabis as a form of pain relief as opposed to traditional pain relief ...’’
Counsel Pat Amey, for Horne, told the court his client insisted he “was clean’’ of cannabis and wanted the court to wait while he obtained a doctor’s report confirming that, which Judge Davison rejected.