A MAN who decided to grow cannabis in his loft over lockdown has narrowly avoided being sent to prison.

Samuel Arthur Birkhill’s cannabis growing operation was uncovered after a large amount of the Class B drug was found in a rucksack by police who attended the scene of a road crash involving the defendant in Machynlleth in April 2021.

That led to a search of the defendant’s home, where more than 30 cannabis plants were found in the loft – worth potentially £16,000.

Birkhill, 45, admitted producing cannabis when he appeared at Welshpool Magistrates’ Court this week, as well as a second charge of possession with intent to supply.

Prosecutor Helen Tench told magistrates on Tuesday, September 3, the car accident involving Birkhill occurred on April 29, 2021.

“The defendant drove his car into a ditch and when police arrived there was a strong smell of cannabis,” she said.

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“An amount of 86.99 grams was found in a box in a rucksack. Another small amount was also found.

“As a result, his home was searched. In the loft police found 13 cannabis plants and another 22 mature plants, as well as the remnants of recently grown plants in jars.

“The defendant’s prints were found on one of the jars. There were messages on his phone which indicated involvement [in dealing] from January-April 2021.”

Mrs Tench said the potential yield of the 13 cannabis plants was over £2,000, while the yield from the 22 mature plants was between £3,700 and £14,000.

Representing Birkhill, of Idris Terrace, Corris Uchaf, near Machynlleth, Gurleen Kaur said her client had only intended the scheme to be small scale, and that he was only selling to people he knew.

“It happened during a period of unemployment and through Covid,” said Ms Kaur.

“He lost his job and was in a lot of financial trouble. He moved in with a friend. There was strain on both of them and he thought the venture would be a good idea.

“He only intended for it to be small scale, they were only selling to friends, this was not mass commercial production. It was a small house.

“He is remorseful. This is completely out of character for him, there has been no previous offending."

She added: “He is now employed in manufacturing, making bird boxes, while he also volunteers two days a week with a community interest company, repairing and recycling bikes."

Probation officer Julian Davies said: “He didn’t consider the consequences of his actions. He feels he has let his family down.

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“He used cannabis on a daily basis for a number of years, it helps him relax. He has reduced his use over the last few months and has not used any at all for the last month.”

Magistrates told Birkhill the offences had crossed the custody threshold – but said they would hand him a six-month jail sentence, which will be suspended for 18 months.

“We are suspending it because this is a first-time offence, it was over three years ago and there have been no further offences, plus you are employed and care for your brother,” said chair Rebecca Klug.

A community order will last for 18 months. It includes 150 hours of unpaid work and 8 rehabilitation activity days.

Birkhill must pay a £154 surcharge and £85 costs, while the court ordered forfeiture and destruction of all drugs and equipment.