A CANNABIS farmer must have been a “benevolent creature” to grow up to £27,000 worth of drugs just for his friends and expect nothing in return.

An incredulous sheriff continued to dispute the fact prosecution and defence agreed Joseph Merry had put so much effort into his grow-op yet wasn’t doing it for commercial reasons.

The 22-year-old was back in court last week for sentencing after pleading guilty to producing cannabis and possessing cannabis with intent to supply.

Police came across Merry at his flat in West Court, Dalmuir, when they were looking for the source of excessive noise around 8.20pm on August 27 last year.

But instead of noise, they noticed an “overwhelming” smell of cannabis and a “nervous and agitated” Merry.

They spotted a black tent and orange glow lights within it and Merry let in officers. A search of the property found 43 plants in the budding stage and they appeared to be “well attended”. In the living room there were three bags of herbal cannabis totalling 234.46g.

An analysis of the plants assumed they could yield 1-3oz each and be worth £2-600 per plant.

The total value would be £8,600 to £25,800. The bags of cannabis were worth a maximum of £2,340 on the street.

And it was the value that caused Sheriff William Gallacher to pause at Dumbarton Sheriff Court last week, as he had done previously.

He wanted to know how many friends Merry was supplying to and how often they were turning up to justify 43 plants.

Defence solicitor Judith Reid, who said Merry was a “relatively isolated young man” and had a “steady flow of friends coming and going at all hours of the day”. Merry had a “small group of close friends”.

Sheriff Gallacher interrupted and said Ms Reid and the fiscal “have to listen to this”.

He said: “How am I supposed to look at this at all? What I’m told is the Crown accepts non-commercial supply. The value would suggest there must have been dozens of [friends] and they must have been in the house at all hours.”

Sheriff Gallacher continued: “Was that funded by his friends? Did they not contribute to that? Or is he saying I should accept he is this benevolent creature that creates this huge amount and always has friends to get it?”

But Ms Reid asserted there was never any evidence of “comings and goings”, no other paraphernalia, no other evidence of dealing.

She said: “I’m told it was his own money. He has received Christmas and birthday money from family and saved as much as he could with a view to setting this up.

“He received extra benefits for his mental health.

“There’s clearly an ongoing drug problem and it’s a substantial problem. Over the last few years his cannabis use could not be said to be distinct from his mental health issues.”

Sheriff Gallacher said even if Merry was only supplying to two friends, he was still in the centre of a process where enormous amounts of drugs were involved. He said the Crown accepted the “extraordinary” conclusion it wasn’t commercial dealing, but added: “You were not only producing cannabis but producing with a clear intent it should be supplied to others.

“I’m bound by [the Crown’s decision], however much it defies logic or common sense.

“I would be failing in my public responsibility if I didn’t impose a custodial sentence.”

Merry was jailed for 20 months.