A man who set up a secret cannabis factory in his bedroom – and was caught by a single leaf being spotted outside his home – has avoided jail.
Carl Elton, 34, was instead ordered to carry out 225 hours of unpaid community work.
Police who raided Elton’s home at Ackerness Cottages, near Wick, discovered 16 plants under heat lamps employed in conjunction with other paraphernalia – “classic equipment” used in the cultivation of the Class B drug, the town’s sheriff court was told.
Elton admitted on indictment growing the cannabis between April 2, 2017, and June 2, 2017.
Ironically, it was a cannabis leaf blowing around outside the accused’s home that gave the game away.
The leaf was picked up by a neighbour who was suspicious. He later had occasion to return one of Elton’s dogs he found wandering outside and on entering the accused’s house, he got a tell-tale whiff of cannabis confirming his suspicion that the plant was being grown in the property.
Fiscal David Barclay said that based on all the plants reaching maturity, the crop had a potential street value of between £4,000 and £14,000. The fiscal stressed however the charge Elton had admitted was not one of supplying cannabis.
Photos of the operation were shown to Sheriff Andrew Berry who was told that a sum of money was recovered from the Welshman’s home.
However, Elton was adamant that the cash had no connection with his cannabis growing and was legitimate money he had received from his puppy-rearing business.
Solicitor Fiona MacDonald said that Elton had grown the cannabis for his own personal use to alleviate an ailment. The accused had since returned to his home in Wales and was working as a labourer.
Sentencing Elton, Sheriff Andrew Berry said that given the accused had a previous conviction for growing cannabis, it must have been “patently obvious” to him that what he was doing was illegal.
The sheriff said he had doubts about the reason Elton had given for growing the cannabis.
Sheriff Berry added: “I had to think very seriously as to whether I should impose a prison sentence but as I must also consider whether there is a direct alternative and I have come to the conclusion that there is.”
A decision has yet to be taken as to whether the cash recovered from Elton’s cottage can be confiscated under the proceeds of crime legislation.
