Man who grew cannabis for dying mother avoids jail as judge says 'heart was in right place'

Judge Martina Baxter said Cianán Mimna's "heart was in the right place" when he started cultivating cannabis in his bedroom at his home to produce cannabis oil for his mother Paula, who was terminally ill with a brain tumour, but he also used the cannabis himself and started dealing to pals.

Gardai raided the house in Prioryland, Duleek, Co Meath, on February 18, 2020 and found cannabis valued at €10,062 in raid.

Mimna (29) took full responsibility for the cannabis and fully co-operated with gardai.

Gardai also found cannabis oil on his mother's bedside table and she told officers that she had asked her son to get some from her as she was using it for therapeutic pain relief.

Trim Circuit Court heard this week that his mother sadly died in May 2020 just months after the raid.

The court heard that Mimna has been doing regular urine analysis to show he no longer takes drugs and had taken significant steps to rehabilitate since the raid.

Judge Baxter said drugs were a scourge on society even if people didn't think cannabis did any harm.

"It is an illegal substance and it has an egregious effect on society. While some people say it might not have a huge adverse effect on them it is illegal, it is a controlled drug.

"He's an educated young man with the support of his family. No doubt his heart was in the right place as he was [sourcing] it for his mother."

Judge Baxter added: "His mother was terminally ill at the time. There was drug dealing paraphernalia and he was cultivating it in his bedroom.

"He is a young man who clearly knew what he was about. He told gardai he was growing it to produce oil [for his mother] and he was using it.

"He first started the operation to produce cannabis oil for therapeutic relief for his mother.

However, Judge Baxter added: "There was clear evidence he had been selling cannabis."

She said he was effectively running a business from his bedroom.

She added while phone evidence showed he was selling cannabis, Mimna was fully co-operative with gardai in admitting he was doing so.

"He told gardai while he himself used cannabis he was [also] forthcoming about selling it.

"It was therapeutic for his mother but he was also benefiting from using and abusing it and selling it to friends.

"Unfortunately, his mother has since passed away and hasn't seen him rehabilitated."

Judge Baxter said it was very sad and tragic that Mimna's mother died and she said the court had previously heard from his father, who is now a widower with two sons.

Several reports were handed into court from professionals including counsellors and probation services who had dealt with Mimna since his arrest which were all very favourable.

He also had the support of his family and his girlfriend, who were in court to support him. The court heard that he is an apprentice electrician with one year left on his apprenticeship and his boss had also attended court at a previous sitting to vouch for him.

His defence barrister said he was very apologetic for what he had done and "now recognises the road he went down was wrong".

He had no previous convictions.

Judge Baxter said she accepted that his remorse was genuine and also took into account his early guilty plea, full co-operation with gardai and other matters into account.

She sentenced him to two-and-a-half years in prison but suspended it for a period of three years.