A Paisley man claimed he was taking heroin to self-medicate his arthritis.
Gerard McTavish of Tannahill Road was found in the common close of a flat in Sandholes Road in possession of diamorphine, a Class A drug.
McTavish, 58, admitted he had £40 worth of heroin on March 31, last year, contrary to the Misuse of Drugs Act 1971, Section 5(2)
Paisley Sheriff Court heard the incident took place within the common close stairwell of a property where McTavish didn’t live.
The procurator fiscal depute told the court: “Around 6.15pm, police were actioned to attend Sandholes Street due to reports of a person having entered the common close and taking drugs within.
“Police attended and saw the accused who identified himself.
“He was sitting on the stairs rolling a cigarette containing tobacco and officers noted that on the stair behind him was one paper wrap containing powder which tested positive for 1.4g of diamorphine.
“Officers also observed one small reseal able bag of powder.
“The value of the drugs was £40.
“Police informed the accused he was being detained, the items were tested and a report was submitted.”
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Defence agent Terry Gallanagh told the court McTavish has a number of “physical difficulties.”
Mr Gallanagh explained: “Every now and then he falls off the wagon and takes to the misuse of heroin to alleviate the pain of his arthritis.
“He says he is now clean and his last analogous conviction was in 2018.”
Sheriff Laura Mundell said: “In reading the report and looking at your previous convictions I was considering a custodial sentence.
“But I have listened carefully to what Mr Gallanagh has said on your behalf.
“I’m going to deal with this today by a way of a fine and draw a line under this today.”
Sheriff Mundell fined McTavish £210 and ordered it to be paid at £10 per fortnight.
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