Clare TD's partner who uses cannabis derivative to stop seizures fined for possessing cannabis

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 Road, Kilrush, on February 11 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 including 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 8, 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 provisional 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 under the Misuse of Drugs Act. Mr Moylan said that there are particular circumstances around 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.

The defence solicitor 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.

The solicitor 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 to 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 drug possession.