Cannabis growers MUST be jailed says top judge as he ignores 'soft' guidelines and imprisons six men

When Professor Nutt, the Chair of the Government's own Advisory Council on the Misuse of Drugs, the panel that recommended that the Government did NOT upgrade cannabis to class B again, spoke against Government policy in a lecture - he was sacked!

Now we have a Crown Court Judge openly speaking against Government sentencing policy on cannabis, using the courtroom as his soapbox - will he be sacked?

I doubt it!

Cannabis growers MUST be jailed says top judge as he ignores 'soft' guidelines and imprisons six men
Mail On-Line, Monday March 5 2012
By Chris Brooke

A senior judge has ignored ‘soft’ new drugs sentencing  guidelines by jailing six men for growing cannabis.
Judge Alan Goldsack criticised regulations that came into force last week and defied the authority of the Sentencing Council for England and Wales.
Under the new guidelines, at least four of the six offenders who were jailed at Sheffield Crown Court should probably have been given a community penalty.
Home-grown ‘skunk’ cannabis production is said to have reached ‘epidemic’ proportions in South Yorkshire, the area around the court, and judges there have been routinely jailing even low-level offenders in an effort to clamp down on the industry.
The judges have been following ‘clear and succinct’ guidance given by the Court of Appeal early last year, urging tougher sentences.
However under the new guidelines, the sentence range, if no more than nine plants are involved, goes from a conditional discharge to a medium- level community order.
Even where 28 plants are involved, the sentencing range is from a low-level community order up to 26 weeks in jail.
On Friday Judge Goldsack, the Recorder of Sheffield and the most senior judge sitting at the city’s crown court, sentenced 13 cannabis growers in one hearing.
He told the court it would ‘not be in the interests of justice’ to follow the new guidelines.


‘Suddenly reducing sentences, which have been seen as appropriate and hopefully effective in reducing a very common form of offending, would seriously undermine public confidence in the criminal justice system,’ he said.
In a lengthy address to a packed courtroom, Judge Goldsack said it was clear that cannabis was being widely grown in attics, cellars and bedrooms, and that a few plants could produce a substantial amount of the drug.
He said: ‘There is the clearest possible evidence of the damaging impact on local communities of this particular type of offending.
‘The hope was that before too long the level of offending would drop off dramatically once potential offenders realised the sentence they face if caught.’

Judge Goldsack said that in his judgment, where an offender has grown cannabis with an actual or potential yield close to or more than 1 kilo (2.2lb), an immediate custodial sentence is justified. He jailed six offenders and gave another seven community penalties.
Gary Woodward, 31, of Maltby, near Rotherham, was jailed for 15 months and Alexander McGregor, 23, of Shiregreen, Sheffield, was imprisoned for ten months.
Mark Bolton, 47, Matthew Taylor, 28, Gary Brearley, 45, and Robert Healey, 24, all from Barnsley, each received nine months.
All admitted producing cannabis, which prosecutors accepted was for their personal use. Woodward had four previous convictions for possessing cannabis and admitted supplying to friends.
Later counsel for several of those jailed indicated that they would be appealing.
The Sentencing Council is a  public body set up to promote a ‘clear, fair and consistent approach to sentencing’.
Members include senior judges, a magistrate, solicitor, barrister,  academic and police and probation service officials.
The courts ‘must follow’ the guidelines it publishes ‘unless it is in the interests of justice not to do so’.

Couple were growing cannabis at home - as is within their RIGHT in their Private Life

The Human Rights law that acknowledges a person's Right to a Private Life is quite specific about when the authorities can interfere - when there is a risk to public health, public order, national security or the Rights of others ... and based on this article there seems to have been no risk at all.

Couple were growing cannabis at home

Daily Echo, January 18 2012


POLICE found 63 cannabis plants and some cannabis in a bedroom when raiding a New Forest house, Southampton Crown Court heard.
George Rickman admitted growing the crop – which the court heard was too young for a yield estimate. Josephine Warburton admitted possession but police studying images on a seized camera recognised her watering the plants by a tattoo on her back, said prosecutor Charles Cochand. The couple, both 45, of Setthorns Road, Sway, pleaded guilty to producing and possessing drugs. He received a 50-week suspended sentence with six-month curfew and supervision. She was given a 25-week suspended sentence with six months supervision and order for 150 hours unpaid work.

Decorator is victim of burglary... then done for growing cannabis - COMMENT

What happened to Justice in Britain

First a burglar invades the guy's house with intention of stealing his property>

Then the police enter the house and steal the guy's property.

Then he ends up being punished even though it was not the decorator that did any harm?

What this means is that anyone exercising their RIGHT to a PRIVATE life that becomes a victim of a crime and wants to report it risks becoming the victim of a bad and unjustifiable law.

This must change.

Kent On-Line, January 17 2012
Decorator is victim of burglary... then done for growing cannabis
http://www.kentonline.co.uk/kentonline/news/2012/january/17/burglary_victim_caught_out.aspx

by Julia Roberts

Decorator Daniel Wright came a cropper when his Greenhithe flat was broken into - burglars stole his cannabis plants and he was then arrested for growing the drug.
Police found the small-scale cannabis factory in a bedroom at Wright’s flat in  Courtyard Mews, Waterstone Park, after they had been called to investigate a suspected burglary on August 16.
Maidstone Crown Court heard officers traced Wright after stopping the getaway vehicle and finding his driving licence and other personal documents inside. They also found a bin bag containing six cannabis plants.
The officers went to his flat to find a window ajar at an awkward angle and a sidegate forced open.
Jo Cope, prosecuting, said they were concerned when there was no reply and forced their way in, only to discover more cannabis plants.
“In the bedroom they found two grow tents,” explained Mrs Cope. “One had 16 plants in and the other had six empty pots.”
Wright, 32, was not at home at the time, but was arrested four days later.
He answered the door and told officers: 'It was my cannabis. I was only growing a little bit.’.
As well as the plants and grow tents, police found seven fans, two filters, three lighting rigs and three transformers.
“While this was not an extensive site and was small-scale,” explained the prosecutor, “money had been spent on the equipment, and a reasonable amount.”
Wright, now of  Greenway, Bromley, admitted producing cannabis. The plants were said to have had a potential yield of about £2,000.
Imposing a jail term of six months suspended for two years, Recorder Brendan Finucane QC rejected Wright’s claim that he smoked 15 to 20 joints a day, saying that if that were true “his painting would be all over the shop.”
However, the recorder added there was no evidence of actual supply.
“I take the view it was coming close to it,” he said. “Even if you were a heavy user, I don’t believe for one moment you would have actually smoked all of this yourself.”
Wright, who was described as a long-term user of cannabis, was also ordered to carry out 100 hours unpaid work and pay £340 court costs within 14 days.
It is not known what happened to the burglars.

Three jailed after Hull's biggest cannabis haul found in raid - but why?

The only way that this will ever be stopped is when the Government wake up and do the logical and just thing - legalise the production and sale of cannabis and allow people to grow their own for their own use without interference.

Just imagine licensed commercial producers and sales outlets for adults:

For a start it would save BILLIONS of pounds each year on police, court and prison costs - money straight out of the taxpayers' purses that could be put to much better use.

Adults could go to consumer-protected, quality controlled, profit-taxed, sales outlets where there would be no contact with criminal drug dealers, no chance of being offered hard drugs, no link with prostitution and stolen property, no gang violence - all safe and sound and above board - similar to the Dutch system of tolerated coffeeshops but in this case fully licensed.

And people growing their own at home for own use just like they can choose to brew their own beer or make their own wine - without interference or threat from the authorities.

It would solve so many problems for society and so many people.
it would enable police to focus more resources on fighting real crime - that is crime with victims>

It's quite obvious that there is an almost endless line of people willing to set up illegal cannabis farms for retail and massive profits - lots of people ready to replace dealers - yet there is more cannabis on the streets than ever - much of it contaminated or or just plain dirty since many illegal producers focus only on profit and little on hygiene, purity or quality.

Of course there is also the issue of "medicinal cannabis users" - often resorting to the plant to help deal with or cope with dreadful ailments and conditions such as MS, Rheumatoid arthritis, cancer therapy, epilepsy, pain, having tried to many costly pills dished out by the NHS.

It is a medical fact that cannabis eases those problems for many people and all the Government offers nothing but "Sativex", a whole-plant (cannabis) product - simply cannabis dissolve din alcohol added peppermint flavour and in a spray form - so expensive that many NHS regions won't even allow it to be prescribed - it costs many many times more than the cost of the cannabis in it.

Or they can risk prison by growing their own, if indeed they are able - or risk by buying from illegal dealers and growers like these Vietnamese.


Three jailed after Hull's biggest cannabis haul found in raid
Hull Daily Mail, January 16 2012

THREE Vietnamese men caught growing Hull's biggest-ever cannabis haul discovered at a council-owned building have been jailed.
Toan Vo, 34, Vuong Vu, 30, and Dat Truong, 22, were jailed for two-and-a-half years each after been arrested at a Hull City Council-owned industrial unit in the city centre.

​
1. Action: Sergeant Mick Stevenson at the cannabis factory in Northumberland Avenue, west Hull.

The three illegal immigrants were caught cultivating more than 2,700 cannabis plants worth more than £2 million at the factory in Northumberland Avenue.
Sentencing the men at Hull Crown Court, Judge Michael Mettyear said it was the largest haul he had ever had to deal with.
He said: "This was a very large-scale operation, much larger than the smaller operations that we are used to in this area. The premises were converted in an extremely sophisticated way to facilitate the growing of the cannabis.
"When the police raided the premises, they found 2,769 plants, which it was estimated would produce 110kg of cannabis."
The building, situated in an industrial area of the city off Fountain Road, was raided at around 12.30pm on Wednesday, December 14.
Officers took action after workers at nearby businesses reported a "strong smell" of cannabis.
They discovered the haul of cannabis, which dwarfed the 1,691-plant operation found in a four-storey house in Spring Bank earlier in 2011.
A team of several police officers took almost ten hours to clear the factory of the plants together with more than 320 lighting units, 283 transformers, 14 filters, 17 extractor fans and eight propagators.
The haul of plants is believed to be one of the biggest in England and was spread across ten rooms, adapted for the cultivation of the drug.
Each room had a sign on the door with the details of exactly what was inside.
When the officers raided the building, two of the men tried fleeing out the back door, while the other hid in the loft.
An investigation by Hull City Council is still being conducted after the warehouse was turned into one of the country's biggest cannabis factories.
The Mail understands the building had been listed for sale by NPS – a firm that controls the city council's commercial property stock – after the Hull Skills Academy vacated it last autumn.
Hull Crown Court heard how the men had been promised £1,000 a month to look after the factory, but had never received any money.
Judge Mettyear considered handing out longer custodial sentences but heard the three men would be deported back to Vietnam after serving half their sentences.

If there is no intention to sell, how can a cannabis crop be worth money?

Time after time I read that some person has grown a crop of cannabis - sometimes matured, sometimes not - for his or her own use, with no allegation of intent to sell, then read that it is estimated to be of some financial value.How can a crop be worth money if there is no intent to sell?The article below is yet another example of how the press wrongly deal with reports of court cases against personal cannabis crop cultivation."Ramsell was growing the drug for his own use.."

"I am satisfied this was a personal use crop and not a crop for supply. But even those who produce cannabis for their own use can expect a custodial sentence."

"The cannabis would have been for his own use, it was a first crop and would never have been for commercial sale."

Yet the Tanworth Herald reports also:Prosecuting Pat Sullivan said the crop would have produced just over one kilo of cannabis that would have fetched £6,300 if sold on the streets.

How can it have been worth £6300 if sold if there was no intent to sell - what relevance is the estimated value?Why don't they tell us something that is far more relevant - the cost of the arrest and court case - the money that the taxpayers will be covering arresting a man that appears to have done no harm or had no intent to harm anyone with his indoor crop of cannabis?Add together cases such as this, it amounts to billions each year - now THAT is of public concern, that is hurting us the taxpayers - all in the name of stopping people from growing one particular plant for their own use.This must stop.  They tell us we are in financial crisis yet they unnecessarily and unjustly perpetuate a prohibition that soaks up our tax money as a sponge in water.

Tanworth Herald, December 8 2011

Addict who grew cannabis tampered with test samples
http://www.thisistamworth.co.uk/Addict-grew-cannabis-tampered-test-samples/story-14080141-detail/story.html

 AN "ENTRENCHED" drug addict caught growing cannabis at his Tamworth flat has been jailed for eight months by a judge.

Police found 34 plants under cultivation in a sophisticated hydroponic system at Lee Ramsell's home, Stafford Crown Court heard.

Prosecuting Pat Sullivan said the crop would have produced just over one kilo of cannabis that would have fetched £6,300 if sold on the streets.

Ramsell was growing the drug for his own use.

Judge Simon Tonking had given him a chance to go on a drug rehabilitation programme, adjourning his case on condition he stopped taking cannabis.

But the judge was told that Ramsell had tampered with his samples to produce negative results for the drug testers.

Ramsell, aged 31, of Juniper, Amington, admitted a charge of cultivating cannabis.

Judge Tonking told him: "I am sentencing you for producing cannabis. It came to light because you volunteered information about it when you were under arrest in relation to a different matter.

"The police went to your home and found a hydroponic set up growing 34 plants. I am satisfied this was a personal use crop and not a crop for supply. But even those who produce cannabis for their own use can expect a custodial sentence.

"You are an entrenched drug abuser and it is difficult for people like you to get off drugs. Despite the opportunity I gave you, you are still taking cannabis. I am not going to increase the sentence because you tried to dupe those testing you.

"Although you have been found suitable for a drug rehabilitation order, if you are going to produce false samples to IDAS (the drug advisory service) there's the chance you are going to do the same to the drug rehabilitation team."

Daniel Oscroft, defending, said it had to be accepted that the test samples provided by Ramsell were false. He had tampered with them out of a fear of being sent straight to custody.

The cannabis would have been for his own use, it was a first crop and would never have been for commercial sale.

Man caught growing cannabis has ‘no intention of stopping’

How can this man be blamed? What harm has he done is he doing to anyone (except the loss of profit to the pharmaceutical companies that would be selling him the NHS, costly, more dangerous and less effective medication that he may well have already tried. How can there be any Justice in punishing him and what justification was there for interfering with his Human Right to a Private Life etc in the first place. Human Rights law specified that there needs to be justification to interfere with our Rights even if the law is being broken, and that justification must be that there is a threat to public health, public order, national security or the Rights of others. I would like to read the police court's justification. They will, no doubt, say that they are just implementing the law, but that is not justification

Hawick News, December 7 2011

http://www.hawick-news.co.uk/news/local-headlines/man_caught_growing_cannabis_has_no_intention_of_stopping_1_1993536

Man caught growing cannabis has ‘no intention of stopping’

A MAN caught growing cannabis claimed the illegal drug helped alleviate a medical condition.
Mark Makin said he had no intention of stopping using the class B drug, and producing it himself meant he didn’t have to buy it on the street.
Makin, 43, of Dovemount Place, admitted having cannabis and producing the drug at his home on September 2.
“His medical condition is relieved by taking cannabis,” explained defence solicitor Matt Patrick, “and that was the motivation behind him growing these plants.
“It also meant he was not having to move in circles he would have had to, to obtain it on the street,” he added.
Sheriff Donald Corke fined Makin, a sales assistant, £120, warning him his activity was illegal and would be closely monitored by police.
“I know that you feel fully justified in doing this, but it is illegal, and I have to uphold the law,” he told the accused.
“Because you have indicated you don’t intend to stop, you should be aware that the police will be keeping a close eye on you,” he added.

Re: Cannabis dangers are highlighted by judge

I was disappointed to read the comments of Karen Walden-Smith about cannabis ("Cannabis dangers are highlighted by judge", Essex Chronicle. 12 May).

Ms Walden-Smith said: ""Skunk, which was being grown, causes misery, with people who are fit and happy turned into shells of themselves."

In fact "skunk" is just one of many varieties of cannabis and it is a name incorrectly applied to most, although we can assume she is speaking about the stronger ones.

Reports from users show that the number of people that suffer bad effects is minute compared to the number of users that claim benefit - and that is under the present system of zero-tolerance prohibition.

What else would we expect but problems with a commodity not legally available yet used by at least ten per cent of the population?

Users must either grow it themselves and risk prison, or buy it from dealers whose crops are hidden away and uncontrollable - we don't know what chemicals they use or what they may add to boost profits.  Those commercial growers and dealers may offer other substances to their customers; they are unlikely to guarantee quality and their profits are not taxed.  And instead of a lower age limit (as in Dutch Coffeeshops) for customers, all one needs is a tenner for a deal.

Growing cannabis for sale is of course highly profitable and no matter how many crops are taken out by police, no matter how many growers or users are locked up, we can see that over the last 40 years prohibition has done nothing to help anyone.  The public purse suffers from these unsuccessful tactics.

How much better if it was grown under proper hygienic and safe conditions, legally, for sale to adults with proper guarantees to quality and good advice about use - and of course age restrictions.

It is undeniable - apart of court from by the cloth-eared Home Office that ignores the evidence - that cannabis is of medicinal benefit to many people and simply helps others to relax.

Chris Pegley, from the Essex Young Persons Drug and Alcohol Service, said "Some smokers function normally and are very sharp and intelligent, while some do turn into shells  - It all depends on the user."

So the real problems is with the users that do not get the accurate and credible advice that they deserve from their dealers.  This does not happen in Holland.

Ms Walden-Smith's comments could well be applied to alcohol - a drug far more addictive and damaging than cannabis - but would she take the breweries to court?

It is high time for a Government rethink.