"Self-medication" drug possession results in community service

Sunday 24 April 2022

A woman has been sentenced to 60 hours of community service and handed a probation order for the possession of Class A and Class B drugs.

Kiera-Lee Ogier, 29, was sentenced in the Magistrate’s Court yesterday after police discovered MDMA, herbal cannabis, and the synthetic cannabinoid ADB-Butinaca on her property during a search on 19 March 2021.

Prosecuting Advocate Chris Dunford told the Court the Police had a warrant to search the property. They found one gram of MDMA powder mixed with caffeine wrapped in a small white wrapper in Ogier’s bedside table.

A plastic container at the side of the bed was found to contain 1.39 grams of herbal cannabis, with another 0.21 grams found in the kitchen.

A “number of vape bottles” were also found, three of which contained 18.1 grams of synthetic cannabinoids. 

Pictured: Synthetic cannabinoids were discovered in vape juice bottles on the premises.

Representing Ogier, Advocate Sam Maindonald said her client had entered an early guilty plea for the cannabis charge but not for the MDMA. 

This was on the basis that whilst Ogier knew the drug was there, it was “not hers” and Ogier did not use it. 

Advocate Maindonald emphasised that the drugs were “small quantities for personal use only” and used as self-medication for anxiety.

She added that Ogier had “maintained and sustained” good behavior throughout her bail period and is now appropriately receiving medication for anxiety through the legal routes.

Ogier has no previous convictions for violence or drugs and Advocate Maindonald said she has now “managed to turn her life around significantly”.

Pictured: Ogier was sentenced in the Magistrate’s Court.

Judge Graeme McKerrell gave credit for the guilty pleas and took onboard the mitigations laid out in the probation report.

However, during sentencing, he said: “Self-medication is not an option, there are an increasing number of ways to deal with anxiety,” noting the legal means to access cannabis.

“Illicit use of drugs is no more acceptable than it has been before,” said Judge McKerrell, alluding to the legalisation of medicinal cannabis. He referred to other avenues available to patients, which Ogier is now taking. 

Judge McKerrell sentenced Ogier to 14 hours community service for possession of MDMA, 14 hours for possession of cannabis, and 60 hours for possession of ADB-Butinaca – to run concurrently. 

A probation order for 6 months in respect of each offence was also ordered, also to run concurrently.