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Parents walk free from court after treating son's autism with cannabis oil

9News.com.au logo 9News.com.au 10/12/2018 Brianna Scully

A mother and father who pleaded guilty to treating their five-year-old son's autism with cannabis oil, have walked free from court in what the judge described as an “almost-unique” case.

Jamie John Blake, 31, and Stephanie Lee Mackay, 26, were today sentenced in Rockhampton's Supreme Court on multiple drug-related offences.

One of the charges – aggravated supply of dangerous drugs to a minor – carries a maximum sentence of 25 years imprisonment.

a person holding a sign: Cannabis oil autism © Supplied Cannabis oil autism

The couple's Calliope home was raided by police in November last year after what Mr Blake claims was a tip-off from a family friend.

Inside, police found three cannabis plants, as well as other illegal production materials.

Mr Blake launched an online petition, urging the Department of Prosecutions to drop the charges, and a fundraising page that raised more than $10,000 to cover their legal costs.

Outside of court today, the couple told 9News their son has had a difficult time during the lengthy legal battle.

"It's been tough. It's been rough and Callum has suffered dramatically from it," Ms Mackay said.

"He understands that we might not be coming home today and he’s pretty upset about it," Mr Blake added.

a screenshot of a cell phone © Screenshot

In handing down his sentences, Justice Graeme Crow accepted a submission the couple was "trying to do the right thing" by their son, and that red tape making it difficult for families like theirs to access medicinal cannabis could soon be cut.

"Your offending comes from altruistic objectives – that of you trying to care for your child," Justice Crow said.

"That law may well be changed next year and if it is, then, of course, you would access the medical treatment that is allowable by law to assist your son as any father would."

Mr Blake was fined $100 for each of his four charges, and Ms Mackay was fined $100 for each of her five charges.

No convictions were recorded.

a person standing in front of a building: Cannabis oil autism © 9NEWS Cannabis oil autism

When leaving court, solicitor Paul Smart told reporters it was a "great day for the criminal justice system".

"People of Rockhampton, you're lucky to have a wise and generous judge who could see behind what is going on the scenes in relation to the medicinal cannabis legislation in this state," Mr Smart said.

"In the last month or so there have been some great moves and developments in the legalisation of medicinal cannabis, taking away the red tape and getting the medicinal cannabis to the people that really need it."

Mr Blake was equally ecstatic and said his family would be one of the first lining up when that red tape is cut.

"I'm relieved it’s all over," he said.

"I don't drink but I'm going to have a drink for this one!"

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