In the context of the charge, the word “prescribed” refers to it being an illicit drug under Tasmanian legislation, not that it is a prescription drug.<\/p>\n
Mr Garland has since obtained a prescription for medical cannabis to manage chronic pain.<\/p>\n
<\/p>\n
Craig Garland appeared in the Burnie Magistrates Court. (
\n ABC News: Bec Pridham
\n )<\/p>\n
The court heard police intercepted Mr Garland for a random roadside test near Smithton on November 2 last year, and he tested positive for cannabis.<\/p>\n
Mr Garland, a former commercial fisherman, previously told ABC Radio he had tested positive to the roadside test while on his way to go fishing at Montagu, in the state’s north-west.<\/p>\n
Magistrate Leanne Topfer said she was required to impose a mandatory minimum six-month suspension because Mr Garland had a prior drink driving offence from 1996.<\/p>\n
Court grants restricted licence<\/p>\n
Mr Garland’s lawyer Greg Barns applied in court on Monday morning for his client to be granted a restricted licence so he could travel to Hobart for parliamentary sitting days.<\/p>\n
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Mr Barns, who told the court he was appearing pro bono, said the next six months would be difficult for Mr Garland because he would not be able to travel around his electorate as much.<\/p>\n
Mr Barns said several volunteers had offered to drive Mr Garland around the electorate, including down to the West Coast, and that his partner and a staff member would be able to drive him to his electoral office in Wynyard.<\/p>\n
Mr Barns also said Mr Garland would be able to appear online for any parliamentary committee meetings that occurred outside sitting weeks.<\/p>\n
<\/p>\n
Greg Barns represented Craig Garland in the case. (ABC News: Peter Healy)<\/p>\n
Mr Garland said it would be “a terrible situation” if he did not attend parliament over the next six months while his licence was suspended.<\/p>\n
The House of Assembly in Tasmania generally sits from Tuesday to Thursday during sitting weeks.<\/p>\n
Mr Garland told the court the restricted licence would allow him to travel to Hobart on Monday during sitting weeks and drive back to his home at Boat Harbour, in the state’s north-west, at the conclusion of parliament on Thursday evening.<\/p>\n
<\/p>\n
Craig Garland was first elected to parliament last year. (ABC News: Ebony ten Broeke)<\/p>\n
The restriction will allow Mr Garland to drive between his home no more than 24 hours prior to the commencement of sitting at Parliament House in Hobart, and return to his residence no more than 24 hours after the conclusion of parliament sitting.<\/p>\n
Magistrate Topfer said it was appropriate to grant Mr Garland a restricted licence, noting it would impose a severe and unusual hardship if he were not able to drive to parliament.<\/p>\n
MP sleeps on friend’s balcony while in Hobart<\/p>\n
As part of the application for a restricted licence, Greg Barns asked the magistrate to allow Mr Garland to drive to and from Parliament House and Clifton Beach, a suburb 28 kilometres away, in Hobart’s outskirts, on sitting days.<\/p>\n
Mr Garland said he stayed at a friend’s house at Clifton Beach while in Hobart.<\/p>\n