Man grows marijuana plants to avoid buying from dealers

A Rockhampton man grew two marijuana plants in his backyard to self-medicate mental health issues and avoid buying the drug from dealers.

Brendon John Layton-Smith, 34, pleaded guilty in Rockhampton Magistrates Court on January 28 to two counts of possessing dangerous drugs, and one count each of producing dangerous drugs and possess utensils or pipes that had been used.

Police prosecutor Jess King said police executed a search warrant at an address on Richardson Rd, Rockhampton about 2.30pm on December 20, 2020 in the absence of any residents.

Ms King said police found a quantity of marijuana seeds in a cigarette packet in the living room, along with a smoking pipe and electric grinder which contained marijuana residue.

She said police found a manual grinder and two pipes in the main bedroom, as well as two marijuana plants in the backyard.

The court heard one of the plants was 90cm tall and the other was 20cm tall.

Ms King said police attended the address again on January 5 and spoke with Layton-Smith, who told them he planted marijuana seeds one or two months ago which developed into a plant.

She said Layton-Smith told police he waited until the plant flowered before removing the marijuana for personal use, which he smoked with a bong.

She said Layton-Smith told police the marijuana seeds found in the cigarette packet were old and not of very good quality.

She said police intercepted Layton-Smith driving along Goodsall St, Rockhampton at 4.40pm on January 10 and detained him and the vehicle and other occupants for the purposes of a search.

She said Layton-Smith told police he had smoked marijuana 24 hours prior.

She said police found a tin containing 1g of marijuana in the driver's side door, which Layton-Smith claimed was his and told police he used the drug to self-medicate mental health issues.

Defence lawyer Brendan Gimbert said his client grew the marijuana plants to avoid having to buy the drug from dealers.

Mr Gimbert said his client suffered from PTSD and ADHD and used marijuana to treat those conditions.

He said his client had taken prescribed medication but had some adverse reactions to it.

Layton-Smith was ordered to 12 months' probation with criminal convictions recorded.

The items were forfeited to the Crown.