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Man grows his own cannabis for ‘religious purposes’
When the police forced their way into a Rugby man’s home to arrest him for driving at a traffic warden they found more than 280 cannabis plants in various states of maturity.
And a forensic expert who examined the crop believed it was capable of yielding four kilos of herbal, cannabis Warwick Crown Court was told.
Grower Roderick Cotton, 44, of Caldecott Street, pleaded not guilty to producing cannabis.
Defending himself, Cotton submitted during legal arguments on the day his trial was due to start that the prosecution under the Misuse of Drugs Act was not compatible with his rights under the European Convention on Human Rights.
He cited Article 8 of the Convention which protects the individual’s right to a private and family life and Article 9 which provides for ‘freedom of thought, conscience and religion.’
Cotton, who said he is a practicing Rastafarian, also challenged a Court of Appeal precedent case in which cannabis was described as harmful – but Judge Christopher Hodson said he could not go against that ruling.
Questioned by the Judge, prosecutor Andrew Smith said that despite the number of plants, there was no evidence to challenge Cotton’s assertion that he had no intention of supplying cannabis to anyone else.
Summing up, Judge Hodson said that Cotton’s argument was that cannabis was not a harmful substance, or that when confined to the individual’s home any harm is of such a low proportion as to make the Misuse of Drugs Act incompatible with that person’s rights under the Convention.
But following an adjournment to consider the legal arguments, the Judge rejected Cotton’s submissions.
“Declarations of incompatibility are not within the jurisdiction of this court.
“I do not see how this court could conclude that the defendant has a human right to produce cannabis in the privacy of his own home.
“The law has a duty to protect the public, including the protection of the defendant from his own actions.”
As a result of that ruling, Cotton asked for the charge to be put to him again – and pleaded guilty.
Mr. Smith said there was an incident in June 2004 in which Cotton drove off after knocking down a traffic warden – as a result of which he was subsequently convicted of assault and given a community sentence.
The court heard that when the police turned up at his home to arrest him he refused to answer the door, so the police forced their way in and found him hiding in the attic.
But in the house they also found a total of 284 cannabis plants growing on the upper floor of the house, including 142 flowering plants in the attic.
The other plants, some of which were being grown using a hyrdoponic system, were in various stages of maturity, and a forensic scientist estimated the potential total yield to be about four kilos, although Cotton disputes that figure.
There was also a bin liner containing harvested stalks of plants with flowering tops weighing 142 grams, said Mr. Smith, who commented that ‘there was an element of sophistication’ to the growing operation in the house, which also included legitimate plants and fruit.
Questioned by the police, Cotton argued that he could grow cannabis in his home because he had been acquitted of similar charges at the crown court earlier that year after the prosecution had offered no evidence against him.
Judge Hodson, who commented that he did not think 142 plants were necessary for religious purposes, adjourned the case for a pre-sentence report to be prepared on Cotton, and granted him bail.
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