74-Year-Old Tasmanian Man Escapes Jail Sentence for Growing Cannabis to Relieve Pain of Others

Image is a generic representation and not actual footage. A 74-year-old man from the Midlands has been granted a merciful suspended sentence after being convicted of trafficking cannabis, which he grew and sold to help people suffering from severe pain, inspired by his own wife’s struggle with a degenerative condition.

Andrew Leslie Irving, who pleaded guilty to the charges relating to his cannabis operation between May 2020 and July 2022, was handed a 12-month sentence that was suspended, with Justice Shane Marshall citing "mercy" as a central reason for the decision.

The court learned that Irving’s interest in medicinal cannabis was sparked by his wife’s health battle, where cannabis played a crucial role in alleviating her pain. After witnessing the relief it brought, she encouraged him to help others facing similar challenges.

“Mr Irving’s interest in assisting others resulted in him undertaking a business in supplying medical cannabis,” Justice Marshall explained, acknowledging that while Irving’s actions were illegal, they were driven by commendable and noble intentions.

During his trial, the court heard that obtaining medicinal cannabis in Tasmania, especially at the time, was exceedingly difficult for those in need. Despite the illegal nature of his actions, Justice Marshall emphasised that there was no evidence of harm caused by Irving’s operation, which was described as small-scale and not intended for recreational use.

“Given the poor health of Mr Irving and his primary motivation of helping people who, like his deceased wife, were able to benefit from medicinal cannabis, this is a matter where it is appropriate for the court to take into account mercy as a criterion in this sentence,” Justice Marshall stated.

Over the course of two years, Irving’s operation earned around $42,000. He cooperated fully with police during the investigation and admitted to his actions after his property in Oatlands was searched in July 2022.

Although Irving must forfeit $4,000 in cash and pay a penalty of $42,454.39, the court took into consideration his previous good character and the heartfelt testimonials from those whose suffering he had alleviated with his cannabis supply.

This case highlights the ongoing challenges and compassion-driven actions in Tasmania's medical cannabis landscape, where access to the treatment remains difficult for many.

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