A Highland arthritis sufferer was spared a jail sentence yesterday when a sheriff accepted he was growing cannabis in his home for medicinal purposes.
Instead, 42-year-old Alexander Macpherson was ordered to carry out 240 hours of unpaid work after admitting cultivating the class B drug in the bedroom of his home at 11 Glenloy Street, Caol.
His counsel, advocate Shahid Latif, argued at Inverness Sheriff Court that there were exceptional circumstances which could allow the court not to impose a custodial sentence on his client, who also suffered from depression.
Macpherson told police when they raided his home on June 4, 2013, that he was not dealing the drug and that it was for his personal use due to his habit and medical problems.
Fiscal depute Roderick Urquhart told Sheriff Margaret Neilson that officers found an elaborate hydrophonics growing area in the property.
Some plants were already harvested and in the kitchen there were several containers containing cannabis.
In total, more than 3.5lb of the drug was recovered.
Mr Urquhart said: “During his interview he told police about his personal circumstances. He said what had been recovered had been his third crop.
“He repeatedly stated that he was in no way involved in the supply of cannabis, saying rather that the cannabis he produced was for his own consumption due to his habit and medical problems.
“Phones were later checked and no evidence of supply was found.”
Sentence had been deferred for reports, which revealed that the lack of prescription drugs for treatment for his rheumatoid arthritis and depression led him to growing cannabis for his personal use.
Sheriff Margaret Neilson said it was a highly unusual case which allowed her to impose a non-custodial sentence.
