Johns River businessman Robert Collier walks free after “unusual” drug-driving charge

The director of a medicinal marijuana company who was caught driving with drugs in his system in Port Macquarie has avoided conviction.

A company director living in Johns River has walked free from Port Macquarie Local Court this week after he was caught with drugs in his system while driving.

Robert Collier, the medical cannabis specialist behind MA Genetics, found himself in hot water when he returned a positive drug test late last year.

On Sunday, September 19, Collier was stopped by police just before 1am on Swift St in Port Macquarie.

He was charged for driving with drugs present in his blood, pleading guilty to the offence in court on Wednesday.

Defence lawyer, Matthew Lindeman, told the court his client has a prescription to use medicinal marijuana oil and there had been some confusion over use of the drug.

“Parliament has lumped in prescribed users with recreational users,” Mr Lindeman said of the current legislation that saw Collier charged.

“This is a 42-year-old father of one, he’s been with his partner for 20 years and holds a tertiary education in IT.

“He has no criminal history in his 13 years in Australia, and no record from his time living in Ireland.”

Mr Lindeman explained that Collier has only used the substance to treat his “debilitating digestive problems”, knowing the benefits of the oil through his work.

“MA Genetics has engaged with (well-known organisations like) RMIT and the University of Melbourne on the benefits of this oil,” Mr Lindeman said.

Collier’s matter was heard at the Port Macquarie courthouse this week.

“He has found it more effective than other medications (in treating his condition) – but that’s the extent of his (drug) use.”

The defence went on to explain Collier wasn’t intoxicated by THC when he was driving, and the test showed it was simply present in his system.

Magistrate Georgina Darcy said it didn’t matter if Collier was impacted or not at the time of driving.

“If he’s going to use this oil, and it shows up on a test, he can’t be driving,” Ms Darcy said.

“Your client, and every other citizen in NSW, must follow the law.

“So he’s going to have to make a decision (between driving and using medicinal marijuana).”

Noting the “somewhat unusual circumstances” surrounding the case, Ms Darcy decided not to record a conviction for the first-time offence.

“You won’t get the same benefit if you’re caught again any time in the next five years,” she warned.

Collier was granted a conditional release order, to be of good behaviour, for the next 12 months.