Court imposes fine on man convicted of growing four cannabis plants in 2013, citing legal amendments

A Mellieha resident who was found to have what police described as a “cannabis growing chamber” in his bedroom, has been acquitted of importing cannabis grass in the light of changes to the legal classification of cannabis.

Englishman Matthew Mark Anthony McDonnell, 41, had been charged with importing cannabis grass, cultivating cannabis plants, and possession of cannabis plants and cannabis resin in 2015. He denied the charges.

 McDonnell’s home had been raided by the police in 2013 and four plants, over a metre in height, were discovered in his bedroom. Officers described the room as having been modified in such a way as to make it more suitable for the cultivation of the cannabis plants, describing it as a “cannabis-growing chamber.”

During questioning, the man had told the police that he would regularly purchase and smoke cannabis. He said that he had grown the plants from seeds that he had purchased from Holland. He explained that the seeds had been genetically modified to sprout only auto-flowering female cannabis plants which contained more Tetrahydrocannabinol (THC) than male ones.

McDonnell denied intending to sell cannabis, telling Magistrate Natasha Galea Sciberras that his sole intention was to have a personal supply of the drug for the winter months. This claim was supported by the fact that the plants found in his bedroom were “small” and would produce less leaves than other cannabis plants, his lawyers argued.

During their submissions, McDonnell’s defence lawyers Franco Debono and Marion Camilleri had not contested the statement released by the accused, in which he said that he had rented the apartment in which he resided, in order to have personal space to grow his own cannabis plants without his mother finding out and had bought a growing tent and other related equipment online.

In its judgement on the matter, the court noted that the legal amendments introduced by Act LXVI of 2021 decriminalised the cultivation of up to four cannabis plants at home, provided that they were exclusively for personal use. Although the apartment where they were found was not the man’s place of residence, the court took into account his explanation as to why he cultivated them there.

In view of the legal amendments and the view which the legislator was talking with regards to cannabis, the court found him guilty of cultivating the plants and possession of cannabis, and, after taking his clean criminal record into account, together with the fact that he had gone to rehab, fined him €750.