A wealthy Texan actress and philanthropist convicted of possession of cannabis gummies has had her prison sentence quashed in a landmark ruling that will set a precedent in future cases in Summary Court on 19 Sept.
Barrister Richard Barton successfully argued against the four-month sentence, suspended for two years, earlier imposed on Chicora Welborn in Summary Court, before Justice Cheryll Richards in Grand Court.
Barton said afterwards, “This was a fair and balanced judgment by the Grand Court.”
He added, “We welcome the decision of the court to make a ruling on such an important issue in our society … we are grateful to know, as indicated by the court, that there will be a precedent that will add clarity and certainty to the position.”
Barton was speaking after Richards quashed the prison term, but allowed fines and costs totalling more than $10,400 to stand.
Welborn, the daughter of a billionaire businessman, was stopped and her baggage searched after she arrived on a private jet at the airport on 9 March. Customs officials found a total of 94 gummies laced with cannabis, four joints laced with cannabis, and glass jar of cream also found to contain the drug.
The Summary Court had heard that Welborn, who runs a charity that offers horse riding for people with disabilities, had been prescribed cannabis by her doctor in Texas after she underwent surgery last year to help her cope with anxiety and inflammation.
The lower court was told that she had volunteered information to customs officials and she pleaded guilty to three charges of importation of the drug in different forms – gummies, cream and the joints.
She told customs officers she had packed in haste as she was in a rush to travel and forgot she had the illegal items with her.
Richards said in court, “It is plain from the schedule provided by both sides that the sentence appears to be significantly out of line with all the other sentences imposed in similar circumstances.”
But she highlighted that the gummies amounted to 10.96 ounces, the jar of cream weighed 1.09 ounces, and the four joints weighed 1.41 grams, the highest amount among previous cases.
Richards said, however, “This is not a case where the substances are said to be other than for personal use.”
She added that evidence submitted in Summary Court made it clear the “appellant was of good character with strong mitigation”.
Richards said that she would set aside the jail term for importation of the gummies, but that “all other convictions remain”.
She added that her full judgment would be released later, which would set a precedent for the lower court.
Barton said outside the court, “The matter of importation of drugs is one that this jurisdiction treats with a high degree of care and properly indicates to the public its lack of tolerance for drug offences, particularly those involving any suggestion of trafficking or distribution.”
He added that there was also “a conscious acknowledgment” that some people came from jurisdictions where drugs that are illegal in Cayman were lawfully prescribed for medical reasons.
“We also appreciate the difficulty in the sentencing and the sometimes daunting, onerous and unenviable task that the courts are given in balancing these delicate cases,” he said.
Related Videos
