Growing cannabis in his loft lands Whitburn man in jail

Feb 11 2010 by Alistair Watson, West Lothian Courier

A WEST Lothian man has been jailed for growing cannabis in his loft.

Police raided David Pearson’s house on November 17 after receiving a tip-off.

Livingston Sheriff Court heard the officers arrived at the Whitburn address shortly before 5pm and found no-one in the property.

Senior fiscal depute John Barclay said: “They went into the loft space and found some areas that were partitioned with silver foil. They further discovered that there was a ventilation and circulation system in the loft and it was obvious that a propagation of plants was taking place.”

In total 26 plants were found in the loft, of which 25 appeared to be seedlings and the other was the mother plant. They were valued at £1000.

Mr Barclay added: “There were lights and fans going to keep it at a constant temperature and light. On further investigation the officers found the electricity meter had been bypassed. The purpose for that was to allow electricity into the house for the cannabis growing.

“His position was they were for his own personal use and he planned to smoke them when they matured.”

Last week at the court Pearson, whose address was given as Cultrigg Drive, Whitburn pleaded guilty to producing the class-C drug and intentionally altering the register of an electricity meter.

His solicitor, Mr Hughes, told the court his 36-year-old client had pleaded guilty at the earliest opportunity.

He added: “The police accepted that what they had seen was not consistent with someone who was growing cannabis to sell on.

“It was a very basic system of growing. He accepted that he was doing it and was embarrassed for his family and his partner. It was a very foolish act and a very dangerous act given his record.

“He had a three-year custodial sentence in 1999 and after that he did not get involved in drug matters. He seems to be a man fascinated by cars and since then there were many minor road traffic matters.

“He has been with his partner for four years and he has been out of trouble for most of this time. He didn’t get to produce any cannabis and he really is just anxious for the court to deal with this matter.”

Sentencing him to 12 months imprisonment Sheriff Donald Muirhead said: “There are a number of factors I need to take into account here. On the plus side this was not a long-term operation and although it was going to produce a substantial amount of cannabis it was accepted it was for your own personal use. It was of course done in a calculated and careful manner but I think the important thing from a sentencing point of view it was not a commercial facility for supply to the community.

“On the other hand I have to take into account your record with a conviction which resulted in a three-year sentence and two more recent convictions for obstructing a drug search warrant and one for possession of drugs both of which resulted in probation.

“The nature of this offence in my view does not make it an ideal situation for a DTTO [Drug Treatment and Testing Order] and it’s also the kind of offence for which the court has to send a signal to the community that this sort of thing is not acceptable behaviour. It seems to me that the starting point for this should be 18 months and I will deduct from that six months as you pleaded guilty at the earliest opportunity.”