A man who began a “gardening project” during the pandemic and produced “far more” cannabis than he expected has been given a suspended three-month prison sentence.
During a 2022 search, police found more than four kilograms of marijuana on the property of Michael Bruce Bankert Zodins in the state's southernmost tip.
The plants, buds and leaves were stored in snap-lock bags throughout his home on the River Loon, including inside a shipping container.
Zodins was charged with trafficking in a controlled substance, but a jury ultimately found him not guilty.
However, he was convicted of possessing or using a controlled plant or its products.
The Supreme Court of Tasmania in Hobart. Photo by Nina Hamilton
Judge Helen Wood said the cannabis found was worth about $5,000 per kilogram.
The court heard that Zodins grew his own cannabis and 42 cannabis root balls were found in the greenhouse, with a further 26 found on two other properties close to his home.
He also had 48 small cannabis plants growing in one of the greenhouses.
By the time of his arrest, Zodins had been using cannabis for several months and was consuming large amounts of the drug every week.
“He was making marijuana cookies and smoking them,” Wood said.
Zodins had been using cannabis on and off since he was a teenager and was convicted of producing and possessing a cannabis-related dangerous drug in Queensland in 2002.
Judge Wood said Zodins was currently working full-time shift work, had seen a psychologist for counselling since March 2023 and had also been subject to monthly drug tests for around 12 months with negative results.
She said the fine submitted on Zodins' behalf was “insufficient” and would not deter others from committing similar crimes.
“The defendant was in possession of a large quantity of cannabis bud and this case falls on the higher end of the scale of the seriousness of this offence,” she said.
“At the time he had no intention of selling or offering it, but may have been persuaded to do so once others learned of his stash.”
“This cannabis is a highly attractive commodity to criminals and, if discovered, there was a high likelihood it would be stolen from him and sold and distributed in the community.”
Judge Wood said Zodins had learned a hard lesson during the proceedings, suffering anxiety, losing employment opportunities and incurring costs, so there was no need for a personal deterrent.
She was convicted and given a three-month prison sentence, suspended for two years.
Zodins was also ordered to pay the total cost of drug analysis, $4,300.
The seized snap lock bags, grow lights, Tally Ho paperwork and weighing scales found on the premises have been forfeited to the state.
