A West Waterford man charged with sale and supply of cannabis worth over €30,000 was recently handed a prison sentence.
Aaron Khan (34) of Deerpark, Lismore, Waterford, appeared before Judge Eugene O’Kelly for a sentencing hearing at Waterford Circuit Criminal Court earlier this month. He was charged with possession of a controlled drug (namely cannabis) for unlawful sale and/or supply, contrary to Section 15 (a) of the Misuse of Drugs Act 1977.
Detective Garda Alan Crowley outlined to the court that on 20 July 2022, Gardaí executed a search warrant at the accused’s home. They received no answer when they initially arrived, so went to the back door, where they gained entry. Det. Garda Crowley said there was a “strong smell” of cannabis coming from the kitchen of the property, and Gardaí discovered a quantity of cannabis in a bag within the freezer.
A further search led to the discovery of cannabis to the value of €8,000 to €10,000 and a digital weighing scales in a schoolbag within the boot of a car near the home. The total value of cannabis found by Gardaí during the search was €31,400, Det. Garda Crowley said.
The accused was arrested on 26 July 2022, as he was away on holidays at the time of the search. Det. Garda Crowley told the court that he was “very compliant” throughout his arrest and made full admissions when interviewed. It was noted that he has no previous convictions.
Acting for the defendant, Colman Cody SC highlighted that the accused has been ‘dependent’ on cannabis since the age of 15, and ended up in debt because of this. Mr. Cody said his client admitted selling cannabis to a “small group of people he knows” that suffer from particular medical conditions, and told Gardaí he did so “to get out of debt.”
Mr. Cody added that the accused has a ‘modest’ lifestyle, engaging in on and off employment through seasonal work, and is a full-time carer for his girlfriend, who suffers from a number of medical conditions.
He handed over his phone to Gardaí as part of his arrest, and “was not hiding or holding back”, Mr. Cody said. A probation report, a letter from the accused setting out his history of addiction and rehabilitation efforts, a letter from his girlfriend, along with documents confirming her medical conditions and his role as her carer were presented to Judge O’Kelly.
The accused took the stand and told the court that he had been sober from cannabis for the past 46 days, and has been attending a drugs counselling service. He added that he initially had a small debt which grew larger over time, and the prospect of him being sent to prison would be ‘dire’ for his girlfriend as he helps her with various things including taking medication.
The accused told Judge O’Kelly he is ‘very serious’ about his rehabilitation efforts, adding: “I’ve become healthier and able to manage my own emotions. I was naive believing that there wasn’t harm [in my actions] but I’ve come to understand there is.”
Judge O’Kelly asked the accused why he missed an appointment with his Probation Officer in the month before his sentencing hearing, and why his Probation Report, which was dated around the same time, stated that he believes cannabis is a ‘harmless’ drug and the laws surrounding it are ‘outdated.’
The accused replied that he was away for his girlfriend’s birthday at the time, and that “black market” cannabis is harmful, but what he was dealing with was not the same, as CBD can “cure ailments.”
“If I was in another country like Holland or Portugal, I could have a shop,” he added.
Mr. Cody highlighted that the accused “accepted and admitted” his offending, adding that he became involved in it due to being addicted to cannabis since the age of 15. He also told the court that his client was “not part of a larger operation” but it was “a small operation rooted in addiction.”
It was noted that the accused indicated a guilty plea in December 2025, which Mr. Cody asked the court to treat as ‘early’, as the accused was sent forward to the Circuit Court in May 2025.
A letter from the accused’s girlfriend said that he is “a good man who has made a mistake” and urged the court to consider leniency towards him, as it would be an ‘unimaginable’ situation for her if he was jailed.
Mr. Cody concluded by acknowledging his client “jeopardised his situation from his own actions” but has “begun the path to rehabilitation with more work to be done.” He added that it is a ‘cusp’ case, where ‘special reasons’ would justify the imposition of a fully suspended sentence.
Judge O’Kelly said that while “cannabis is not the most serious drug that drug dealers operate with, it is still illegal” and that the accused had a ‘peculiar’ attitude to this. The judge imposed a headline sentence of four years, stating that the gravity of the offence was on the “upper end of the low range.”
However, the judge then reduced this by one year, due to mitigating factors including the accused’s guilty plea, and the evidence presented that a significantly long sentence would have a ‘detrimental’ impact on his girlfriend’s health.
Judge O’Kelly sentenced the accused to three years in prison, with the final 18 months suspended for a period of two years, on the condition that he engages with the Probation Service for this period of time after his release.
Funded by the Court Reporting Scheme
Robyn Power
