Police and cannabis experts have said that the "hemp" plants found in a Plymouth park's community allotment are actually illegal.

On Tuesday Plymouth Live reported on how plants which looked suspiciously like cannabis were seemingly growing wild in a raised bed at Devonport Park, just yards from the Pavillion Cafe and a children's playground.

The pop-up patch is being run by the charity Friends of Devonport Park which has seen them urge green-fingered visitors to pop along and grow fruit and vegetables for the benefit of the community.

However, one visitor noticed that nestled amongst a number of tomato plants were a more herbal plant. They suggested that perhaps "someone smoked a joint and threw the seeds in the planter... I can't imagine anyone would try and cultivate cannabis in such a public place."

A member of the public told Plymouth Live they thought what looked like cannabis growing in pop-up allotments - so we went to check it out
A member of the public told Plymouth Live they thought what looked like cannabis growing in pop-up allotments

Plymouth Live also quoted Professor of Plant Physiology, Mick Fuller, of Plymouth University who said pictures of the herb looked "like a hemp plant rather than drug cannabis plantation", noting that they were very similar.

He explained that cannabis drug plants had much thinner leaves than that of hemp.

However, on being alerted to the plant being grown at Devonport park, Det Con Karen Rothney, Plymouth police's Drug Expert Witness, often known as a Drugs Liaison Officer (DLO), said the police response was straightforward.

She said: "In essence it is illegal to grow any kind of cannabis without a Home Office Licence, no matter what strain it is thought to be."

The allotments have helped lift the attractiveness of the area
The allotments have helped lift the attractiveness of the area

Cefyn Jones, of the Cannabis Trades Association confirmed the police's view.

He explained that hemp is actually 'Cannabis Sativa L'.

He said: "It's a nickname that is afforded to strains that have a Delta 9 THC value of less than 0.2 percent. This percentage does not award legality and it is clearly pointed out in the Misuse of Drugs Act 1971 section 37.

"It is highly unlikely to have been an 'accident', especially as it's an old trick to grow cannabis next to tomato plants.

"As several sources suggest, they have an almost symbiotic relationship, each releasing nutrients into the soil that are mutually beneficial. The leaves would be a reflection of that with the plant being able to produce 7, 9, 11 leaflets and many more leaflets. It's how the plant shows that it's happy and in a premium environment.

Experts say this is a hemp plant and not drug cannabis - could you tell the difference?
Police and Cannabis Trade Association say this plant is still illegal under current laws

"The reference the shape of the leaves is slightly wrong. There's a distinction between Sativa, Indica and Ruderalis which are the three genus of cannabis:

"Hemp is Cannabis Sativa L. as it grows long enough to satisfy a fibre crop - the leaves are generally long and narrow.

"Indica is the most prohibited as it doesn't grow to sufficient lengths - the leaves are wider. The plant photographed suggests that it has Indica dominant genes.

"Ruderalis is used to create auto-flowering strains but has little to no detectable THC.  It tends to have less leaflets and is shorter still than Indica.

"Although we use a predominantly low THC Sativa from the EU approved strains list and that, by definition, Ruderalis could have the permanent nickname of hemp, you can still have Indica at less than 0.2 percent and as such the leaf shape doesn't indicate a THC value. Regardless, a bag of either and with less than 0.2% can get you arrested in line with the Misuse of Drugs Act.

The allotment outside Devonport's Park Pavillion Cafe
The allotment outside Devonport's Park Pavillion Cafe

"Simply put, hemp is illegal to grow without a Home Office issued license."

A senior Plymouth police officer has now told Plymouth Live that neighbourhood PCSOs are going to investigate the matter and if they suspect it to be cannabis it will be removed.

A notice on the Friends of Devonport Park allotment beds says: "As part of our lottery funded 'pop-up allotment project, we would like to encourage the local community to take advantage of these facilities.

"Feel free to plant your own crops of fruit/vegetables in any of these raised beds."

Plymouth Live is still awaiting a response from the Friends of Devonport Park regarding the 'pop-up allotment project'.