A 40-YEAR-OLD man who pleaded guilty to growing 100 cannabis plants claims that the drug was all for his own use, a judge was told on Monday.
Michele Muccilli, who admitted growing cannabis in January 2021, appeared at Gloucester Crown Court on Monday, April 29 to be sentenced.
However, judge recorder David Chidgey said there will have to be another hearing to determine whether the cannabis was for personal use or for sale.
The prosecution maintains that the equipment Muccilli, of Farmington, near Northleach, was using to produce the cannabis was 'consistent with more than personal use'.
The judge said it was an issue which needed to be resolved because it would have a significant effect on the sentence Muccilli receives.
Muccilli was released on bail pending a trial of issue on Friday, May 31.
Prosecutor Michael Magier said: "Our submission is that this offence falls between lesser role and significant role.
"If Your Honour considers that makes a difference to sentence it will need to be resolved.
"Our expert witness says that the set-up he was using is consistent with more than personal use."
Islam Khan, defending, said: "He has maintained from the beginning that this was for personal use.
"There are no phone messages, for example, to indicate he was intending to supply.
"It is something which would make a difference to the sentence."
The judge told Muccilli: "Under the sentencing guidelines, the question of whether it is just for personal use or more than that is relevant.
"You said in your police interview that the cannabis was just for yourself.
"If drugs were being produced to sell to others it would elevate the offence from a lesser role and that would make a very significant difference.
"At the moment you have got about one-third credit off your sentence for pleading guilty.
"If you are unsuccessful at the trial of issue your credit would be very much reduced and that could have a significant effect on sentence. Bear that in mind."
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