Jindera man taking prescribed cannabis product charged by police after he drove

That this could happen shocked both the driver, Brett Andrew Lewis, and his partner and even surprised Albury Local Court magistrate Richard Funston.

Mr Funston said, on finding the charge proved then dismissing the matter, that he "wasn't aware" that a charge could be laid in such circumstances.

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Lewis, brought into court in a wheelchair, told the court that he had been prescribed the drops by his doctor.

He said this was for leg spasms stemming from him breaking his back.

His partner, too, told the court that they simply were not aware that using something prescribed by their GP could land him in such a situation.

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Lewis pleaded guilty to the charge, though with a detailed explanation of his situation.

When asked by Mr Funston how much the drops cost, Lewis said it was about $200 to $250 every month.

Prosecutor Sergeant Andrew Pike said there was, effectively, no difference between the offence committed and drink-driving.

Sergeant Pike said alcohol was a legal drug, but that did not mean people could then drink and drive and avoid being charged.

"Now he's well aware of the facts ... he should take that into account as to whether he drives again," he said.

Mr Funston agreed, telling Lewis he would "need to think up a new strategy".

Lewis had initially wanted to plead not guilty, but decided to admit to the offence when he knew the court was prepared to take into consideration the peculiarities of his case.

Police had stopped him in David Street, South Albury, on June 1 just after 2pm.

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