An Ontario judge has sentenced an elderly man from Niagara Ont., to 90 days in jail after he claimed the smell from his property was from skunks and not his $1.25-million marijuana grow-op.
The 65-year-old unsuccessfully challenged the validity of a search warrant police used to search his property. He argued that police could not confirm the source of the smell around his property and that skunks that live in the area behind his home were likely to blame.
According to the St. Catharines Standard, the judge at trial dismissed the man’s argument and said he was satisfied that the police officer, who had investigated more than 100 grow-ops, would have been able to tell the difference between the two scents.
A search was conducted in 2016 after an officer requested a search warrant when he walked past the man’s home and noticed the odour of marijuana.
Police had also received information from two separate sources that the individual was housing a grow-op.
Officers seized over 1,200 marijuana plants from the man’s property along with 3.5 pounds of dried and processed cannabis.
He was convicted with producing and possessing a controlled substance.