Year's worth of dope for 'average blokes'

How much dope can one person smoke?

The question was put to the country's highest court yesterday as it heard an appeal from a Queenstown photographer jailed for having cannabis for sale.

The Supreme Court is reviewing the legal test in drug laws which courts apply when someone denies having drugs for the purpose of selling to others.

Under the Misuse of Drugs Act anyone caught with more than 28g of cannabis is presumed to have the drug for supply unless the contrary is proved.

Paul Rodney Hansen, 50, and another man were found at Hansen's Glenorchy home in May 2003 stripping recently harvested outdoor cannabis plants into buckets. The cannabis weighed 1.8kg.

Hansen admitted he owned half the drugs but said it was his annual supply.

He was convicted in Invercargill District Court last March of possessing cannabis for supply and sentenced to three years' jail.

His sentence was reduced to 2 1/2 years on appeal.

Hansen's lawyer, Sonia Vidal, said yesterday there was no evidence her client had been selling cannabis.

"These are your average Kiwi blokes who grew their own weed.

"Hansen told police 'we don't want to buy it from undesirable people so we grow it ourselves'." Laws prescribing personal use as one month's supply were unrealistic, she said.

"How much drugs is too much necessarily to be just for personal use?

"We don't expect people to buy a year's worth from someone, but it's not unreasonable as a cultivator to possess more than a month's supply."

A cultivator growing outdoor plants could harvest cannabis only once a year.

Under the Bill of Rights Act, people accused of crimes were presumed innocent until proven guilty, Ms Vidal said.

"It's the Crown that has to establish its case. The accused is not there to prove his innocence."

Crown lawyer John Pike said the Government had taken advice from the Expert Advisory Committee on Drugs when setting legal limits.

"There are those in Parliament whose job it is to advise the Government on social aspects regarding drug taking."

The presumption of dealing was not irrational, he said. "There is data to show people with quantities of drugs often give or sell them to friends."

The Government set low presumption levels as a control measure.

The five-judge bench reserved its decision.

- NZPA