Alan John Evans sentenced for manufacturing cannabis oil at Nimbin

A Nimbin drug dealer who supplied to help chronic pain and terminally ill patients has had a lucky escape after he was caught by police supplying cannabis oil through the post.

A Northern Rivers cannabis oil distributor who supplied to terminally sick patients has had a court win after his postal operation was uncovered by police.

Nimbin man Alan John Evans, 66, escaped full-time jail when he faced Lismore District Court on Thursday for manufacturing 212.8g of the prohibited drug and dealing with the proceeds of crime.

Evans was also sentenced for 10 related charges including supplying cannabis oil, cultivating a prohibited drug, possessing instructions for manufacturing or producing a dangerous drug, and possessing both cannabis leaf and Psilocybin mushrooms.

Evans had helped his herbalist father make massage balms and tinctures and continued to practice herbal medicine when he grew up, according to agreed facts.

He began research into medicinal cannabis in 1995 and even authored a book called “medicinal cannabis therapy” - a book he was later charged with owning when police raided his home on January 20 last year.

Police began their investigation into Evans when they received information he was sending drugs via Australia Post, the agreed facts said.

Police charged the Nimbin man with various drug offences after they executed a search warrant in January 2021.

Police were alerted to Evans’ attempt to send five packages containing syringes labelled “blue cheese”, “CBD rich” and “super lemon haze” through the Nimbin Post Office on January 18.

Police then raided Evans’ home where they found tubs of cannabis oil, 3763g of cannabis leaf, six cannabis plants and $1240 in profits, the facts stated.

Evans, who suffered chronic pain himself following separate accidents, asserted the oil was for clients “suffering medical conditions such as chronic pain, anxiety, epilepsy, dementia, PTSD, auto-immune conditions, lung cancer and cancerous growths”.

The five packages seized from Australia Post were not made by Evans but purchased by him, agreed facts state.

Alan John Evans, 66, faces Lismore District Court on Friday.

Evans said in agreed facts the oil was a “last option” for those who had been failed by traditional medicine and could not afford the “prohibitively expensive” legal medicinal cannabis.

The court heard from a number of Evans’ clients who asserted he “never operated for financial benefit”.

One testimony detailed the experience of a mum whose son was dying from terminal brain cancer and sought out Evans’ help.

“I know that cannabis is illegal however at the time my son was dying of cancer and his comfort was more important to me than the risk of jail,” her letter read.

Judge Jonathan Priestley noted the bulk of Evans’ evidence was to justify that what he had done benefited the health of others and not caused any harm.

Despite this, Judge Priestley said Evans took such prescriptions upon himself in a “totally unqualified way.”

“The regulatory environment needs to be respected,” he said.

“This (the lack of harm) mitigates the offending but does not excuse it.”

The court heard Nimbin man supplied cannabis oil to help people with terminal illnesses and chronic pain.

Judge Priestley further noted the offending was “unlikely to feed and encourage the drug supply chain” due to its nature.

The court heard Evans had spent 29 days in custody since the charges were laid.

Judge Priestley sentenced Evans to a total 23-month intensive corrections order which will expire on July 3, 2024.

Evans was not convicted and given a 12 month conditional release order for the related charges of cultivation, possession and possessing instructions for the manufacture of a prohibited drug.

He will also have to perform 50 hours of community service.