JUDGE REJECTS PROSECUTION'S DRUG VALUE

A Patea man found growing large amounts of cannabis plants in his house
just three doors from the police station has been jailed for 18 months.

Michael Henare Nepia (27), unemployed, was found with 196 plants in his
home when a search warrant was executed by police on March 19, the New
Plymouth District Court heard on Wednesday. There were 67 seedlings, 82
cannabis seeds and 39 plants in plastic pots under lights in a bedroom.

In his defence, Nepia said he had a heavy addiction, smoking 12 joints a
day, and that the plants were for his own use.

But because of the amount found in all stages of development, Nepia was
charged with cultivating cannabis for sale. While there was no evidence he
was selling it, police did not accept it was for his own use.

When looking at the police photos of the mature plants, Judge Louis Bidois
said "any cultivator would be pleased with that effort".

However, he disagreed with the police affidavit that estimated the plants
to be worth at least $20,000.

Nepia's lawyer, Chester Borrows, submitted an affidavit from a former
cultivator who estimated the crop to be worth $10,000.

Judge Bidois said police should have dried a mature head and worked out the
weight.

"We could argue about it all day."

The judge estimated it to be worth $17,400.

Nepia had since stopped smoking marijuana and said he wanted help with his
addiction.

The judge gave Nepia leave to apply for home detention and to be assessed
for a drug counselling programme.