Gardener spared jail over pot find

A GARDENER caught with 15 cannabis plants in his backyard has been spared jail time after a court heard he had been using the drug to deal with chronic pain.

Daniel Fischer, 39, injured his back at high school and had a spinal fusion several years ago, but has suffered from pain most of his life.

In 2004, he was caught with marijuana and police found him with one cannabis plant in 2008.

So in 2018, when police found 15 plants dotted around his home near Ipswich, it was "not his first rodeo", the Brisbane District Court was on Tuesday told.

Fischer pleaded guilty to producing about 10kg of the drug and possessing a pipe.

He was sentenced to four months jail, but granted immediate parole and had no conviction recorded after several references given to the court "spoke very highly of him".

The court heard the 39-year-old, who runs a gardening business, is in essence a pensioner.

His defence barrister told the court Fischer has now realised he needed to stop using the illegal drug to treat his life-long back condition and was investigating medical cannabis treatments.

Judge Michael Shanahan noted during sentencing he had been told on previous occasions medical cannabis was difficult to source for those who need it but Fischer should "explore that as best you can".



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