Andrew Irving’s medicinal cannabis court case prompts call for law change

A Tasmanian pensioner who honoured his dying wife’s wish to help people by giving them medicinal cannabis says a court fine has ruined his life. How it unfolded.

Andrew and Marilyn Irving are users of medicinal cannabis. PIC: MATT THOMPSON.

A Tasmanian pensioner who helped people ease their pain with medicinal cannabis has been given a suspended jail sentence in what the judge described as a “mercy” sentence.

The case has prompted a call for cannabis to be legalised.

Andrew Irving, 74, pleaded guilty to one count of trafficking in cannabis between May 2020 and July 2022 when his Oatlands home was raided by police.

Acting Justice Shane Marshall said the cannabis was “exclusive for medicinal purposes” and although Mr Irving broke the law “his actions had some very commendable noble aspects to them”.

Andrew Irving has been given a suspended jail sentence for supplying medicinal cannabis. Picture: Nikki Davis-Jones

“Although described as a business, there is no evidence that it was a profitable one,” he said.

“He has also suffered as a result of being charged in that it led to an attempted suicide as a consequence, and his other health issues were exacerbated.

“Given the poor health of Mr Irving and his primary motivation of helping people who, like his deceased wife, were able to benefit from medicinal cannabis, this is a matter where it is appropriate for the court to take into account mercy as a criterion in this sentence.”

A 12-months suspended sentence was imposed, $4000 cash seized by police forfeited and Mr Irving was ordered to pay a pecuniary penalty of $42,454.

Greg Barns SC, spokesman for the Australian Lawyers Alliance and counsel with Cangelos Logan law firm for Mr Irving said the case illustrated the “urgent need to legalise cannabis”.

“There are thousands of Tasmanians, many over 60, who use cannabis for medicinal purposes,” he said.

“No amount of policing and charging people – with the stress it causes – is going to change that reality.

“The law on cannabis and the reality are worlds apart.”

Specialist physician in geriatric and general medicine Dr Frank Nicklason said the court case had taken a huge toll on Mr Irving who was struggling to make ends meet.

Doctor Frank Nicklason. Andrew Irving has been given a suspended jail sentence for supplying medicinal cannabis. Picture: Nikki Davis-Jones

“Andrew has been motivated by the beneficial effects he has seen for many of the people who have used medicinal cannabis (MC) – he saw this first with his dear wife Marilyn,” he said.

“He is greatly troubled that people he sees as possibly benefiting from MC are unable to access it at an affordable price.

“Although MC is now legally available, prescribed by doctors trained to prescribe it safely, it is too expensive for some to afford and this troubles Andrew greatly.”

Dr Nicklason said Mr Irving had complex medical conditions and his poor physical health was “compounded by the inability to afford healthy foods because of the financial burden of legal expenses”.

“Even more troubling had been the mental health impact of a long running legal case against him- depression, anxiety severe panic attacks- I have had numerous text messages from Andrew indicating his despair,” he said.

“Andrew is a widower- he has no family members in Tasmania who can support him.

“He is a proud and self-reliant character and asking for help hasn’t come easily.”

Dr Nicklason wrote to the Director of Public Prosecutions outlining his fears for Mr Irving’s health as the court case dragged on for three years.

“I have been surprised and bewildered by the legal response to this issue – the process has been drawn out, expensive, and debilitating,” he said.

Court sentence ‘totally ruined my life’

Andrew Irving’s life is in tatters.

He is depressed and anxious, relies on charity food hampers and struggles to ensure there is enough petrol in his car so he can go to medical appointments.

Mr Irving says he will never be able to pay a court fine imposed for trafficking in cannabis.

But he has no regrets that he fulfilled his dying wife Marilyn’s wish to help others by giving them medicinal cannabis to help ease their pain.

Mrs Irving had a degenerative nerve condition and until she started using medicinal cannabis she would be racked by violent spasms and struggled to breathe.

After her death, Mr Irving devoted his life to the campaign to have medicinal cannabis legalised. He built three little green trailers and published a monthly newsletter for five years.

“I’ll never have regrets as it helped Marilyn and helped so many other as Dr Frank (Nicklason) can attest.

“I’ve never smoked cannabis – never ever sold stuff – it has only ever been about medicinal cannabis.

“Now all the people I helped have no access to MC that was really helping them.

“I was hoping I could put it all behind me, finally heal and move on but the large fine has put me back to square one.

“I have a life sentence already with my health, potentially fatal blood condition. I didn’t deserve all this – I don’t understand why.

“It’s totally ruined my life.”

Mr Irving says he has helped draft a bill to legalise cannabis which will be tabled in parliament.

A friend, Allan MacCaulI, has started a GoFundMe to help pay the fine.

“This man has a heart of gold, one of the people he was helping and who he had trusted gained access to his life savings and ran away with his money and called the police on him which is why he got raided for cannabis leaving him (a 74yo pensioner) with absolutely nothing and absolutely destitute,” he wrote.

To donate go to: https://gofund.me/2c84fb15

Originally published as Andrew Irving’s medicinal cannabis court case prompts call for law change