Coffs Coast naturopath Emma Kate Stachiw sentenced for illegally supplying cannabis oil to cancer, Parkinson’s patients

A North Coast naturopath who made and supplied cannabis oil to people suffering from painful medical conditions has avoided jail as a court heard there was “no evidence of harm”.

Coffs Coast naturopath Emma Kate Stachiw outside Lismore court on Wednesday, November 1, 2023.

A Coffs Coast naturopath dragged through the courts for manufacturing and supplying cannabis oil to cancer and Parkinson’s patients has avoided jail.

Emma Kate Stachiw said she was relieved to be able to move on with her life after years of anxiety – more than 940 days of waiting to see if she would be locked up.

“It’s been a long three years waiting, biting my nails,” she said outside Lismore District Court on Wednesday.

“I feel like I can go home and be a naturopath and get out to my community and help people.”

The single mum of three from Hydes Creek, near Bellingen, faced a maximum penalty of life in prison after pleading guilty to growing cannabis plants and manufacturing and supplying medicinal cannabis oil.

Stachiw worked at Coffs Harbour Medical Specialists Centre as a naturopath until late 2020.

She worked with people suffering conditions including Parkinson’s disease and cancer.

Stachiw made the call to illegally provide oil to patients without a licence.

Coffs Coast woman Emma Kate Stachiw.

When police came knocking, raiding her home in mid-2021, they found more than 10 cannabis plants and two litres of oil was found in the fridge.

Ms Stachiw told police she had nothing to hide, showed them the oil and even offered a cup of tea.

She was arrested in front of her daughters and thrown into lock up for more than a day, staring down a slew of serious drug charges – the most severe being manufacturing a prohibited drug larger than the commercial quantity.

Stachiw grew and manufactured cannabis oil. Picture: iStock.

The prosecution refused to test the purity of the oil on at least three occasions, arguing it wasn’t relevant.

Stachiw’s defence barrister Paul Smart argued his client was not a “typical criminal drug dealer” and supplied the oil purely to help people in pain – not for their recreational use or her financial gain.

Mr Smart previously represented Queensland couple Stephanie Lee Mackay and Jamie John Blake, who faced life in prison for treating their severely autistic son with cannabis oil without a prescription. Picture: Kerri-Anne Mesner.

Medicinal cannabis has been legal in Australia since 2016, with regulations.

Crown prosecutor Luke Boesnich called for Stachiw to be jailed because there was no distinction in relevant laws between drugs like cannabis and “hard drugs” like methamphetamines.

However, Judge Jonathan Priestley said “it could not be seriously suggested” a comparable amount of the oil was as damaging to the community as meth.

He said Stachiw’s “drug operation” was “small to the point of being negligible – at least by way of revenue”.

Emma Stachiw said she was “just a good Samaritan” and “trying to help sick people”. Picture: Facebook.

He said the oil was “used by people who were suffering in pain, with no evidence of harm”.

Nevertheless, Judge Priestley said the offending was in “flagrant” disregard of the law “despite the low level of criminality and the good intentions of the offender”.

Judge Priestley said Stachiw had no criminal history, was involved and well-regarded in the Bellingen community. He said he was convinced she would not reoffend.

Stachiw’s case lingered in the system for more than 940 days. Picture: iStock.

Judge Priestley said Stachiw could be exposed to negative influences if she was jailed.

He convicted and sentenced Stachiw to an 18-months intensive corrections order and 150 hours of community service work.

Coffs Coast naturopath Emma Kate Stachiw smiles as she leaves the Lismore court on Wednesday.

Outside of court, Mr Smart said it was a “great day for the criminal justice system”.

“This case raises serious issues in NSW that parliament need to consider and address sooner rather than later,” he said.

“Thankfully, the northern region has a District Court judge who has significant insight into community values and expectations. Well done Judge Priestley.”