Magistrate Says A Medical Cannabis Card Is “Not A Licence To Smoke” And Drive

By Alric Lindsay

David Leroy Holness, a man described by his lawyer as previously leading an active life in track and field and football, but who turned to cannabis to manage chronic pain following a severe car accident, has been sentenced to 12 months of probation.  He was also disqualified from driving for 12 months.

Holness appeared before Magistrate McFarlane today, September 9, 2026, for sentencing on charges of Ganja consumption, Ganja possession, and driving under the influence of a drug.

Crown Counsel from the Office of the Director of Public Prosecutions noted that on December 20, 2025, police officers patrolling West Bay Road stopped Holness during a routine traffic stop. Officers noticed a strong scent of Ganja emanating from the vehicle and subsequently arrested him. A search revealed Ganja in his possession. Holness has a 2019 conviction on his record, though the court noted it was unrelated to the current charges.

Defence lawyer Candia James-Malcolm asked the court for full credit regarding Holness’s early guilty plea, stating her client was “genuinely and deeply remorseful for his conduct.”

James-Malcolm took issue with a pre-sentence probation report that classified Holness as a high risk for reoffending. James-Malcolm argued that a routine traffic stop—rather than dangerous driving—led to the arrest and asserted that two isolated factors should not automatically classify him as high-risk.

Providing context for the offence, James-Malcolm explained that Holness was involved in a severe motor vehicle accident in 2021. Prior to the crash, Holness led a highly active lifestyle, taking immense pride in his athleticism through football and track. Left with a prominent limp and unemployed since the accident, Holness has relied on financial assistance to support his two children, aged 8 and 6. He turned to Ganja to cope with severe physical pain and the profound psychological burden of his altered physical capabilities.

The court heard that Holness obtained a medical marijuana card, though his lawyer noted it had since expired. James-Malcolm clarified that the card had actually expired just the day prior and was already scheduled for renewal.

Magistrate McFarlane interjected to address the document, stating, “I think there is a confusion when it comes to cannabis cards. It is not a licence to smoke.” She noted that Holness should have consulted a medical professional for appropriate alternative treatment options rather than smoking while operating a vehicle.

“I do think you have a habit trying to justify your negative decision,” Magistrate McFarlane told Holness during sentencing, though she acknowledged his struggles with chronic pain.

Aligning with recommendations from the probation officer, the Magistrate placed Holness on a 12-month probation order. Under the conditions of the order, Holness must attend the  counseling centre for assessment and complete any recommended programs. He is also required to maintain a valid medical cannabis card and stay in regular contact with his probation officer. Magistrate McFarlane ordered a 12-month driving disqualification starting in July 2026.

The Magistrate informed Holness that if he successfully fulfills all conditions of his probation, the charges will not remain on his permanent criminal record.