A man who started a “gardening project” during the pandemic that produced “a lot more” cannabis than he expected has been sentenced to three months in prison, fully suspended.
Police discovered over four kilograms of cannabis at Michael Bruce Bankart Zodins’ property in the state’s far south during a 2022 raid.
The plants, buds and leaves were stashed in snap-lock bags throughout his Lune River home, including in a shipping container.
Zodins was charged with trafficking in a controlled substance, which the jury ultimately found him not guilty of.
However, he was found guilty of possessing or using a controlled plant or its products.
Justice Helen Wood said the cannabis found was worth approximately $5,000 per kilogram if sold by the kilogram.
The court heard Zodins had cultivated the cannabis himself, with 42 cannabis root balls found inside a hothouse and another 26 found in two other compounds near the house.
He also had 48 small cannabis plants growing in one of the hothouses.
By the time of his arrest, Zodins had been consuming cannabis for several months and was ingesting a large amount each week.
“He made cookies containing cannabis and was also smoking it,” Wood said.
Zodins has used cannabis intermittently since his teenage years and has a prior conviction from Queensland in 2002 for producing and possessing dangerous drugs related to cannabis.
Justice Wood said Zodins now has full-time shift work and has been consulting a psychologist since March 2023 and undertaking counselling, as well as monthly drug screening for a period of approximately 12 months with negative results.
She said a fine, as submitted on Zodins’ behalf, would be “inadequate” and not deter others from committing similar crimes.
“The defendant had possession of a very large quantity of cannabis bud and this case falls towards the high end of the scale of seriousness for this offence,” she said.
“While he had no intention to sell it or supply any of it at the time, he may have been prevailed upon to do so once others became aware of his stash.”
“This cannabis was a commodity that was highly desirable to criminals and, if discovered, there was also a strong prospect it might have been stolen from him and sold and circulated in the community.”
Justice Wood said she was satisfied there is no need for personal deterrence as Zodins has learnt a harsh lesson, having suffered anxiety, declined employment opportunities and incurred costs during the proceedings.
She recorded a conviction and imposed a three-month prison sentence, fully suspended for two years.
Zodins was also ordered to pay the costs of analysis of the drug, totalling $4,300.
The seized snap-lock bags, grow lights, Tallyho papers and scales found on the property were forfeited to the state.
