A man convicted of having a large quantity of cannabis in an increased penalty zone area escaped custody -- but was hit with the maximum fine for possession.

Jahvonne James was ordered to pay a $2,000 fine, after being arrested and charged with possession of 47.4 grams of cannabis, close to the Pembroke and Hamilton Club in Warwick.

James was given three months to pay the fine after appealing against the 30 day payment period imposed by Magistrate Archibald Warner.

The maximum fine for possession is $1,000 and the extra $1,000 was levied for committing the offence in an increased penalty zone.

In addition, Mr. Warner allowed $469 seized on arrest to be returned to the defendant.

James, 22, of Sylvan Dell Road, Paget, was found guilty of possession of cannabis on August 23, 1998. He admitted possession of drug equipment.

Victoria Pearman, defending, said there was no case for a custodial sentence, adding that it was not the policy to imprison for simple possession of drugs.

She said her client did not accept that he had the drugs in his possession, adding that there was also no evidence that the haul was intended for supply.

Junior Crown Counsel Charmaine Smith argued that it was a case where the court could consider a custodial sentence.

In asking for time to pay for her client, Ms. Pearman said he had responsibility for a child and had to make extra contributions to his family's household budget.