Dannevirke woman claimed cannabis was for sick relatives

A Dannevirke woman appeared in District Court after being caught growing 13 cannabis plants. Photo / File

Growing cannabis to help sick relatives didn't save a Dannevirke woman from a conviction when she appeared in Dannevirke District Court on Monday.

Martha-Jean Nicholson, 33, a shedhand, was charged with cultivating cannabis at Dannevirke on April 5.

Counsel Nigel Hewat told the court that Nicholson had a past that was difficult in the extreme.

"There was a medicinal background to the offending, she was growing cannabis to help sick relatives."

Prosecutor Emma Pearman said there was no medical history of the defendant's family members available, but it was a relatively substantive amount of cannabis involved.

"It was a moderate-sized operation but nonetheless it was not a particularly advanced operation.

"It was not technically elaborate and that does cancel out the amount of cannabis being grown."

Judge Gerard said this was not a case of growing a few plants in a pot at the backdoor.

Police found five plants measuring 1.5m each in the garden and eight plants growing in buckets that were a metre tall in a purpose-altered wardrobe inside the house.

"These were pretty healthy-looking specimens," said Judge Lynch.

"Miss Nicholson told police she was growing the plants to help her terminally ill family members.

"I'm not saying she doesn't have terminally ill family members, but proof of this would have helped."

Judge Lynch said changes to the marijuana laws was not a free pass for people to grow their own.

"That time has not yet come."

Judge Lynch noted that Nicholson had not grown the cannabis for sale.

On that basis he would keep the sentence of community detention at the lower end of the scale.

Nicholson was convicted and sentenced to two months' community detention with a 7pm to 6am curfew. She was also sentenced to nine months' supervision.

Judge Lynch also ordered the destruction of the cannabis plants.