Took cannabis instead of expensive medical treatment

By Sonya McLean

A man misdiagnosed with Non-Hodgkin lymphoma, who took cannabis instead of the expensive treatment, leading to a drug debt and his subsequent drug dealing, has been jailed for three years. 

Lee Nolan (28) of Beechbrook Lawn, The Donaghies, Dublin 13, agreed to act as a drug dealer and to store over €80,000 worth of cannabis in his home.

He pleaded guilty at Dublin Circuit Criminal Court to having the drug for sale or supply, driving a car while intoxicated with drugs and driving a car with no insurance in the Lucan area on April 25, 2023.

He has one previous conviction for driving under the influence, but has not come to garda attention since.

Nolan told gardaí that he had Non-Hodgkin Lymphoma and was taking cannabis, as the treatment was very expensive.

He said he agreed to drop cannabis to people and collect money from customers.

He said he was paid €1,000 to store the drugs in his home.

Imposing sentence last Friday (15th), Judge Orla Crowe said Nolan was actively involved in the distribution of drugs, which have a “deleterious” impact on society at large.

She said Nolan played a “crucial” role and was trusted.

She noted he had a “fraught medical history” but said his offending had to be marked with a custodial term and handed him a sentence of three years and nine months, with the final nine months suspended on strict conditions.

She also imposed a driving disqualification for four years on Nolan, from the date of his release from custody.

Garda Ross Murphy told Pieter Le Vert BL, prosecuting, that he was on mobile patrol at 10.50pm when he spotted Nolan driving a car with no valid tax disc.

He signalled for him to pull over and Nolan did so without causing any trouble.

He produced a provisional driving licence when asked but Gda Murphy said he got a strong smell of cannabis both from Nolan and the car.

He had no insurance.

Nolan handed over a small amount of cannabis which he claimed was his “own personal stuff”.

The vehicle was searched but no further drugs were found.

A sum of €1,940 in cash was found in the car and Nolan admitted this was from selling cannabis.

The cannabis was later valued at €5,000.

Gda Murphy said he performed a roadside test for drugs on Nolan and it tested positive for cannabis.

Nolan was arrested and taken in for questioning.

He co-operated fully and said he had been approached to the take the drugs and he stupidly agreed to.

Nolan told gardaí he had Non-Hodgkin lymphoma and the treatment was expensive.

He was using cannabis to help with his treatment.

He said he had been involved for four or five months and was doing drops all over Dublin.

He was delivering a quantity of cannabis and collecting money from customers.

Gda Murphy said a follow-up search of Nolan’s home revealed a large quantity of cannabis and other paraphernalia.

The drugs were found in a large duffel bag under the stairs and Nolan said he had been paid €1,000 for keeping it and he had it for about two weeks.

He said it was the first time he had ever stored drugs.

Gda Murphy said the drugs found in the car were valued at €5,000 while the drugs found in Nolan’s home were valued at €80,990.

Gda Murphy agreed with Gerardine Small SC, defending, that Nolan could not have been more helpful in his interview with gardaí and was “fully upfront”.

He accepted that Nolan had accrued debts and had no “propriety interest” in the drugs.

Ms Small handed the court a large amount of medical documents, which showed that her client had been diagnosed with Non-Hodgkin lymphoma at the age of 21, but that this turned out to be a misdiagnosis.

She said that he had several sessions of radiation and had quit his work as a result, which led to debts and an exacerbation of his fragile mental health.

She explained that although his Wexford childhood had not included any behavioural or academic difficulties, he had suffered the loss of a friend in sad circumstances.

He then started taking cannabis.

She said that a senior project worker from Coolmine treatment centre was in court, and had completed a report to say that the defendant is now drug free.

He described Nolan in his report as a young man with a potentially bright future, who has made a remarkable turnaround in his life.

Ms Small said Nolan had a good, solid work record and hadn’t come to garda attention since.

He had the benefit of a very supportive family, who were in court with him.

The judge noted that Nolan’s misdiagnosis was “undoubtedly a very difficult situation”.