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A daredevil motocross rider who grew cannabis at a rural property has failed in a bid to avoid a conviction, despite arguing that it would scupper his professional riding career in the United States.
Joshua Bartosh, 26, who was once filmed leaping over roads and streams on his motorcycle for social media, appeared in the Hastings District Court on Wednesday on a charge of cultivating cannabis.
The court was told that police found a shipping container containing cannabis plants on Bartosh's property, about 40 minutes from Hastings, when they went there with a search warrant last December.
There were six large and three smaller plants in the container, together with lighting, ventilation and provision to water and fertilise the crop. Another 175 seedlings were found nearby.
Bartosh's counsel, Nicola Graham, made a submission for a discharge without conviction, saying a drug conviction would prevent him from entering the United States to compete professionally.
"He will lose that opportunity," Graham said. "The US is very strict on that," she said.
Judge Gordon Matenga said that there was no evidence that the cannabis was being grown for sale, but Bartosh had provided an affidavit saying that he gave cannabis to his partner, cousin and friends.
"That is evidence of supplying, but police have not chosen to pursue that," Judge Matenga said.
The judge said he accepted the general position that a drug conviction would affect Bartosh's ability to enter the United States to resume a professional riding career that had been interrupted by an injury.
The judge said he had received letters from a manager in the motocross world that were very supportive and contained glowing references.
"But that is only to be expected from someone whose job is to promote you," the judge said.
Josh Bartosh was filmed jumping over streams and roads on his motorcycle in 2019. Photo / Supplied
Judge Matenga said the cultivation, use and consumption of cannabis was "still very much controlled within this country", despite a softening of the public's attitudes towards it.
"While it remains, the (cannabis) law must be enforced," he said.
The consequences of a conviction did not outweigh the gravity of the offence, the judge said.
He declined the application for a discharge, convicted Bartosh and sentenced him to 75 hours of community work.
He also convicted Bartosh of unlawful possession of a firearm found in his ute and 200 rounds of ammunition discovered at the property.
Judge Matenga said there was no suggestion the Winchester rifle was connected to the cannabis operation, and it was used on the property for pest control. Bartosh had been declined a firearms licence.
In 2019, Bartosh was filmed making daring leaps on his motorbike across roads and streams around Napier, despite condemnation from the Napier City Council and police.
