Drug grower Darryl Colin Horne, who argued his cannabis was for medicinal purposes, may serve prison term at home, court hears

A CANCER sufferer convicted of growing thousands of dollars worth of drugs that he claimed were for pain relief may become one of the first in the state to serve a prison term at home.

A CANCER sufferer convicted of growing thousands of dollars worth of drugs that he claimed were for pain relief may become one of the first in the state to serve a prison term at home.

Darryl Colin Horne, 56, was found with several marijuana plants and dried cannabis worth up to $30,000 in his Salisbury house, in Adelaide’s northern suburbs, in April 2013.

While prosecutors accused him of preparing the almost 6kg of drugs for sale, the father of one insisted during his District Court trial that it was instead used for “medicinal” purposes.

Horne, who has leukaemia, told the jury that he used up to an ounce of cannabis daily by cooking, smoking, drinking it and producing drug oil. It was, he said, a “beautiful” spice that was “better than oregano”.

Darryl Colin Horne argued he used his cannabis for medicinal purposes.

Claiming he never got high from the drugs despite smoking 40 joints and bongs a day, he said he used it as pain relief, particularly in the wake of a major car crash.

Horne claimed that he had grown the drugs among vegetables in his backyard for his own use. He said that after a few years trying, he had been left stunned when the crops went “berserk”.

Despite his claims, a jury convicted him earlier this month of one count each of cultivating a controlled plant for sale and another of trafficking a controlled drug.

He was acquitted of trafficking a large commercial for sale.

On Tuesday, the court heard that he could be sentenced under a “new regime” of laws that Attorney-General John Rau will introduce to State Parliament next month.

Judge Geraldine Davison, who said the jury’s verdict suggested Horne could “make a bit of money” out of the “bumper crop”, said a home detention sentence was under consideration.

“If I determine that a term of imprisonment is appropriate and I consider that it should not be suspended then I (could) consider whether the accused is such a person to serve a sentence on home detention,” she said.

Pre-sentence reports will be compiled to gauge Horne’s home’s suitability.

The Advertiser revealed on Saturday how criminals given a jail term of less than two years may serve their entire sentence in the community under strict conditions in a revamp of SA’s sentencing legislation proposed by Mr Rau.

Horne, who wants to visit his sick mother in Brisbane, will face sentencing submissions in November.