Businessman Christopher Steven Bowtell jailed for trafficking CBD oil in landmark ruling
A Far North businessman at the helm of a sophisticated mail order business selling cannabidiol (CBD) has been jailed in a landmark sentence imposed by the Cairns District Court.
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A FAR NORTH businessman at the helm of a sophisticated mail order business selling cannabidiol (CBD) has been jailed in a landmark sentence imposed by the Cairns District Court.
Christopher Steven Bowtell pleaded guilty to possession and trafficking of prohibited Schedule 2 drug cannabidiol for 12 months between March 1, 2019 and March 17, 2020.
He also pleaded guilty to possession of a flick knife and two counts of unlawful possession of prescription drugs.
Crown legal officer Emily Thambyah told the court Bowtell marketed a range of branded products containing CBD through a slick e-commerce style website after sourcing products offshore and reselling them throughout Australia.
“(He) supplied to a broad customer base and he was not selective (about who he sold to) over the course of the tracking period,” she said.
Ms Thambyah told the court a total profit was “just shy of $170,000.”
“The defendant supplied in street level and wholesale quantities on his website, he even advertised products for less if ordered in bulk,” she said.
“People cannot just go selling CBD oil to whoever they please … whether or not the defendant knew CBD oil was (illegal) is irrelevant, ignorance of the law is no excuse.”
CBD is used to treat anxiety, depression and pain but requires a prescription in Australia.
“At no stage did he ask customers if they had a script and he wasn’t authorised to issue (the drug,)” Ms Thambyah told the court.
“He went through great lengths to avoid detection. For example, requesting importers (falsely) label bottles of products and using falsified return addresses on parcels.”
Legal Aid defence barrister Michael Dalton said his client had acknowledged he had “done the wrong thing”.
“I am not saying my client should walk out the door with a fine and a slap on the wrist,” he said.
“CBD has been contained in the Drug Misuse Act since 1986 along with cannabis when all drugs were scheduled in that act.
“But we have come a long way, in my submission, since 1986.
“CBD has therapeutic properties and its primary effect of a drug is recognised and it has moved now on the poisons schedule from S4 prescription drug to a S3 over-the-counter drug.”
The court heard it was the first time trafficking of CBD had been prosecuted and no legal precedent had been set.
Judge Dean Morzone sentenced Bowtell to 28 months jail. He took into account an early plea and (his) self-medicating with CBD to treat a back injury sustained while serving a five-year stint in the navy.
“You do offer so much. You are a remarkable businessman,” he said.
“I have no doubt that you will … by the time you are released (you will) have hatched an entrepreneurial business plan, which will catapult you back into our community.”
Judge Morzone set Bowtell a parole release date of April 13 2022.
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Originally published as Businessman Christopher Steven Bowtell jailed for trafficking CBD oil in landmark ruling
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