Brunswick man Heidyn Frederick Harbeck avoids jail over making cannabis oil, declared drug trafficker

A 47-year-old Brunswick man has avoided jail for growing cannabis to make cannabis oil but has been declared a drug trafficker. Heidyn Frederick Harbeck appeared in Bunbury District Court on April 26 where he was sentenced to a 12-month prison term that was conditionally suspended for the same amount of time after he pleaded guilty to a number of drug and weapon related charges. The charges included manufacturing cannabis oil, cultivating cannabis with intent to sell or supply, unlicensed possession of a firearm, and inadequate storage of a firearm. The court was told police officers conducted a search on Mr Harbeck’s farm property in Brunswick during the morning of February 24 last year. During the search, police found and seized a jar containing 4.47g of cannabis resin, a total of 93 cannabis plants in varying stages of growth, various forms of cannabis material, a plastic smoking implement, a Howa .223 rifle, that was propped against a wall in the bedroom, ammunition and a crossbow. Harbeck told police he made the cannabis resin by using previously cultivated cannabis leaves, and personally used the oil as a sleeping aid and to manage anxiety. When questioned about the firearm, Harbeck refused to say who he bought the firearm from but admitted he used it to shoot foxes at the property knowing he did not hold a firearms licence. Harbeck also told police he found the crossbow and some of the ammunition after collecting them from a rubbish tip. In submissions, the court was told Harbeck was a live-in employee at the farming property and the previous owner had been growing his own cannabis and asked Harbeck to roll the cannabis for him. After the previous owner died from cancer, Harbeck continued cultivating the plants, some of which were deemed immature, to make the cannabis oil. Harbeck’s defence counsel Michael Joubert said it was “very easy to understand” how he lapsed into offending when his previous employer was asking him to roll cannabis, acknowledging Harbeck’s previous convictions for cannabis use. However, Mr Joubert said there was no evidence of commerciality with no sign of unlawful money nor pre-packed cannabis in clipseal bags. In sentencing, District Court Judge Stephen Lemonis acknowledged that the cannabis crops and the cannabis oil was primarily for Harbeck’s personal use but also noted that he admitted to supplying it to others on occasion free of charge. “Distribution of cannabis is regarded as serious offending because of the mental health issues associated with the use of cannabis and also the use of cannabis can lead to harder drugs,” he said. Along with the suspended prison term, Harbeck was fined $200 for failing to provide adequate storage for the rifle and ammunition.