A man who uploaded videos that instructed people on how to grow marijuana was sentenced to a year in jail Tuesday.
Kyle Berry, 40, had posted 35 videos to YouTube as part of his "How to Grow Marijuana" series, including footage of plants in various stages of growth in his basement. During his sentencing, prosecutors noted Berry's detailed cultivation methodology.
Unfortunately, Berry’s attention to the details of cannabis cultivation did not translate to his video production. Despite attempting to hide his identity in the videos, he was ultimately done in by the reflected image of his face. Additionally, his self-shot footage also revealed his name and address.
In one clip, a fairly clear image of his face can be seen mirrored on a shiny surface. And in a video dated October 17, 2012, Berry posted footage of packages that contained seeds he obtained from the UK that showed his name and address.
A tip on the video came in to the Auburn, NH Police Department and Berry was arrested.
Berry claimed he grew strictly for personal medicinal use to manage pain from 17 surgeries he's had since age 13. However, although New Hampshire legalized medical pot in July, Judge Marguerite Wageling did not believe Berry was growing solely for himself and sentenced him to a year in jail with four months suspended.
Berry was fined $500 but he avoided a $200,000 fine as Judge Wageling agreed with the defense attorney that he was not a major drug dealer. The judge noted with a wry smile: "Someone can't be all that smart to go on YouTube and post the types of video footage that you did."
Berry's videos have apparently been removed from YouTube.