'Sophisticated' dope grower is spared jail

A cannabis-growing operation found in a Richmond basement had a potential street value of more than $50,000, a court has heard.

Thomas James Stephens, 43, had previously admitted a charge of cultivating cannabis when he appeared for sentencing in the Nelson District Court yesterday.

Judge Tony Zohrab said police searched the property on August 7. No-one was home, but a rear entrance to the basement was covered with black plastic and an air extractor system could be heard.

"It would have been well apparent to persons present at the address that something was going on downstairs," Judge Zohrab said.

Police entered the basement and discovered a cannabis-growing room partitioned off from the main area. Lining the partition were sheets of reflective plastic used to retain heat, and there was an air extractor, ventilation ducts, four high-powered lights and an assortment of plant nutrients.

Beneath one of the lights were nine small plants about 40cm high.

In another area were 36 plants "in bud". They were about 60cm tall.

Judge Zohrab said police harvested 311g of cannabis from the plants, which equated to a street value of between $2750 and $5500.

However, the plants had the potential to fetch about $57,600 on the street.

Digital scales, resealable plastic bags and gloves were also found.

Stephens, who lives in Brightwater, admitted to police he was responsible for the operation, and said the cannabis was for his own use.

Crown prosecutor Sarah McDonald said there was a level of sophistication to the offending. Stephens had bought the equipment from a third party.

Defence lawyer Tony Bamford said Stephens had been using cannabis for some years following a serious injury in the late 1990s. He had difficulty managing pain, but he used cannabis mainly to help him get to sleep.

"The primary purpose of this operation was to achieve a quantity that he could use long-term himself."

Stephens bought the growing operation from his dealer when the person moved to Australia, and that is how he came into possession of the scales. He had not intended to sell the drugs.

There were only three plastic bags and the gloves were used as part of his first-aid business, Mr Bamford told the court. Since being arrested, Stephens had been attending drug counselling, and with his counsellor and doctor's help had found a new way to manage his pain.

He was upset at the impact his actions had had on his family.

"That has been a very difficult thing for him; he doesn't want to ever place them in this situation again," Mr Bamford said.

Judge Zohrab accepted there was no evidence of supply for commercial gain.

However, there was the "distinct possibility for the potential for a commercial operation here", because of the degree of sophistication and the amount of cannabis plant.

"If this was truly cannabis for your own use, the question has to be asked why you would need to use gloves, and why you would need to weigh the cannabis."

He sentenced Stephens to three months' home detention and 180 hours' community work, and said if he was caught growing cannabis again he would be sent to jail.

- © Fairfax NZ News