Coffs Coast naturopath Emma Kate Stachiw faces life in prison for illicit supply and manufacture of medicinal cannabis oil

After being dragged through the courts for more than 940 days with the prospect of life in prison hanging over her head, a Coffs Coast naturopath will soon learn her fate.

Coffs Coast mum Emma Kate Stachiw faces life in prison for supplying medicinal cannabis oil illegally.

After being dragged through the courts for more than 940 days with the prospect of life in prison hanging over her head, a Coffs Coast naturopath is close to learning her fate.

Emma Kate Stachiw, 43, faced Lismore District Court on Friday charged with three counts of possessing a prohibited drug, two counts of supplying a prohibited drug, cultivating a prohibited plant, enhanced indoor cultivate cannabis for commercial purpose, manufacturing a prohibited drug larger than the commercial quantity.

Coffs Coast woman Emma Kate Stachiw faces life in prison for supplying medicinal cannabis oil.

The single mum from Hydes Creek, near Bellingen, pleaded guilty – and faces a maximum penalty of life in prison.

Outside court, Stachiw appeared distraught, held back tears and exclaimed “I’m so tired of this” as the prospect of jail time loomed.

The 43-year-old worked at the Coffs Harbour Medical Specialists Centre as a naturopath until December 2020, treating people suffering conditions including Parkinson’s disease, cancer and other painful medical issues.

Defence barrister Paul Smart told the court Stachiw supplied to patients unable to obtain cannabidiol (CBD) oil despite being prescribed by a doctor.

“I made the decision, albeit illegally … to grow and make medicinal cannabis oil products for my patients,” Stachiw said.

Medicinal cannabis is booming in Australia, but naturopaths cannot prescribe the drug. Picture: AFP PHOTO/Lars Hagberg

Medicinal cannabis has been legal in Australia since 2016, with 100,000 prescriptions written for chronic pain sufferers and those in need in 2022 alone – but naturopaths are not licenced to prescribe.

In July, 2021 police raided Stachiw’s home and found more than 10 cannabis plants. Two jars of cannabis oil were sitting in the fridge, totalling about two litres.

Police detected THC (Delta-9-tetrahydrocannabinol) in the oil – the psychoactive component that produces a ‘high’.

Mr Smart told the court the oil was only five per cent pure and used for medicinal purposes.

“This is not the case of a typical criminal drug dealer,” he said.

Emma Stachiw. Picture: Facebook.

Stachiw was charged with possessing the equivalent of two kilograms of cannabis due to the way the Drug Misuse and Trafficking Act is implemented.

Mr Smart told the court his client used balanced THC and CBD seeds to grow plants “vastly” different to “street cannabis” – intending from the start to use it medicinally.

Judge Jonathan Priestley said there “might be a body of thought different to the law”, but Stachiw’s actions were still a “flagrant disregard of the law”.

Judge Priestley expressed concerns holistic practitioners operating outside qualifications could be dangerous.

He referencing a previous case in which a medicinal cannabis practitioner told clients not to seek traditional medical treatment, which led to tragic consequences for a child.

Emma Stachiw will soon learn her fate.

Mr Smart told the court there was “no evidence of harm”. He said 13 references were submitted by people treated with the oil, who spoke “extremely highly” of Stachiw.

Mr Smart said his client never told patients not to seek traditional treatment, but worked with other practitioners and would refer people to relevant specialists when “out of her depth”.

Mr Smart said Stachiw had “no chance of reoffending”.

He said the quality and availability of oil had drastically improved in the 941 days since charges were laid and Stachiw had no need to manufacture anymore.

Mr Smart said Stachiw had been dragged through the legal system with the threat of life in prison hanging over her head – causing stress and trauma to her and her family, amounting to punishment.

Barrister Paul Smart told the court there was no evidence of harm after Stachiw supplied the cannabis oil to people suffering painful medical conditions.

Mr Smart said she thought she had been doing the right thing “and her patients agreed”.

He asked for a sentence served in the community.

Crown prosecutor Luke Boesnich argued Stachiw’s offending was “flagrant”, she tried to “victimise” herself, as well as “minimise” and “justify” her actions.

“The offender is not remorseful at all – she just regrets she was caught,” he said.

“She’s only willing to stop (producing oil) because it is more readily and legally available … and because the prosecution has had a detrimental effect on her family.”

Judge Priestley adjourned to Wednesday next week.