That is according to solicitor for John Montaine (40), Patrick Moylan who told a court that Mr Montaine has been seizure free for the past six years arising from him taking a cannabis derivative, THC oil.
At Kilrush District Court, Judge Mary Larkin imposed a fine of €100 after Mr Montaine pleaded guilty to the illegal possession of cannabis at the family home at Pella Rd, Kilrush on February 11th last year.
Judge Larkin also imposed the third driving ban on Mr Montaine after his third conviction for driving with no insurance.
Sgt Louis Moloney told the court that Mr Montaine has 16 previous convictions and they include two for driving with no insurance dating from June 2014 when Mr Montaine was banned from driving for two years and in 2012 when he received a one year driving ban.
Judge Larkin imposed a two year ban on the latest offence of Mr Montaine driving with no insurance while driving a 192 registered black Ford Grand C-Max at Decomede, Lissycasey, Co Clare on February 8th 2021.
Mr Moylan told Judge Larkin that Mr Montaine is paying €500 a month on his insurance policy and believed that he was insured on the date.
Mr Moylan said that Mr Montaine “has misunderstood the law in relation to insurance”.
Judge Larkin said: “He had no cover as he had a provisional licence. If he has a provision licence, he must be accompanied.”
Mr Moylan said: “He accepts that now but at the time genuinely believed that he was insured as he was paying a substantial amount for his insurance policy.”
Sgt Louis Moloney said that Mr Montaine has two previous convictions for possession of drugs of the Misuse of Drugs Act.
Mr Moylan said that there are particular circumstances concerning Mr Montaine’s guilty plea concerning the possession of cannabis.
Mr Moylan said: “Mr Montaine is an epileptic and he gets fits and seizures and they were so severe in the past that Mr Montaine has lost most of his teeth."
Mr Moylan said that Mr Montaine’s neurologist had prescribed various drugs without success and the seizures continued.
Mr Moylan said that eventually, Mr Montaine started using THC where the cannabis is put through a filtration process to produce the oil and he was putting one drop of that on his gums each day and this stopped the seizures.
Mr Moylan said that Mr Montaine’s partner is a great support to him in trying to get Mr Montaine access to a medicinal cannabis access programme and that is progressing.
Mr Moylan said: “He had not the financial wherewithal before to access medical cannabis. It is done on a private basis and but for the support of his partner he wouldn’t be able to progress this application.”
Judge Larkin told Mr Montaine that he could have sentencing adjourned to another day to allow evidence be provided of his efforts concerning medicinal cannabis or that she could convict and impose a fine now “and be done with it”.
Mr Moylan said that she could impose the fine now and Judge Larkin imposed the €100 fine for the drugs possession.