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UK: Pro-drugs shop boss loses appeal
Blackpool Gazette Monday 03 May 2010 James Jones was doing nothing against the law by selling smoking paraphernalia and hydroponics equipment at his Blackpool shop, Grow Republic, on Church Street. But he overstepped the mark while chatting to an undercover policeman, posing as a customer The officer, known as 'John', made four visits to the shop in March and April 2008. His conversations with Jones centred around the growing of 'tomatoes', code for cannabis, the Appeal Court heard. These chats were covertly recorded and he picked up one of the shopkeeper's business cards. Jones, 41, was convicted at Preston Crown Court in September last year of four counts of incitement to produce cannabis. He was jailed for 10 months. His challenge against his conviction and sentence was rejected by Appeal Court judges, despite them recognising it is not illegal to sell paraphernalia associated with cannabis, books on growing the drug or even cannabis seeds. Lord Justice Leveson said it was the prosecution case when John visited the shop, Jones was "openly selling equipment clearly intended for growing cannabis". He added the two men's chats about tomatoes were just "a sham or pretence" to avoid mentioning cannabis. But Jones' lawyers insisted he had taken every precaution to stay within the law and had done nothing wrong. He had never talked about cannabis to John, had specifically told him it was illegal to grown the drug and there were signs up in the shop to the same effect. Dismissing the appeal, Lord Justice Leveson (pictured) said the jury was uniquely qualified to reach a conclusion on whether Jones had incited cannabis growing. The judge, sitting with Mr Justice Davis and Mr Justice Tugendhat, said: "It was eminently open to the jury to conclude the use of the word tomatoes was no more than a device to avoid the use of the word cannabis in an attempt to provide a fig leaf or pretence at observing the law." Lord Justice Leveson also rejected Jones' plea his jail term was too long. http://www.blackpoolgazette.co.uk/blackpoolnews/Prodrugs-shop-boss-loses-appeal.6269076.jp
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