Pubdate: Tue, 02 Sep 2003
Source: Powell River Peak (CN BC)
Copyright: 2003 Peak Publishing Ltd.
Contact:  http://www.zwire.com/site/news.cfm?brd=1998
Details: http://www.mapinc.org/media/734
Author: Isabelle Southcott
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

BYLAW IN THE WORKS

Staff will prepare a bylaw that would see homeowners and landlords pay for 
costs from grow op investigations

A vote directing municipal staff to prepare a substance manufacture bylaw 
for municipal councils consideration squeaked through at the August 26 
meeting with three councillors voting against it.

Councillor David Gabelhouse explained the bylaw would deal with controlled 
substances ranging from marijuana to chemical drugs such as ecstasy. It 
would enable the municipality to recover the extraordinary cost of 
enforcing the law in the case of substance manufacturing.

He pointed out that police have investigated 11 grow operations so far this 
year at a cost of approximately $4,000 each. He said time and money spent 
in this area takes away from other policing duties.

"The purpose of the bylaw would be to try to prevent homeowners from being 
lax in their duties and having someone use their house as a grow op," he 
said. Assessment costs could be referred back to the landlord/homeowner, 
and if not paid they could be attached to taxes in arrears.

Other people in the community are also at risk from grow ops. "A new tenant 
may be exposed to mould. There is also a component where our bylaw 
enforcement officer and our building inspector may be involved in handling 
the resolution of a grow op," said Gabelhouse.

Councillors Sandi Tremblay, Myrna Leishman and Brenda DeGraag voted against 
the motion. "I don't think you need to penalize the owners of homes they 
have rented out," said Tremblay. She said it costs homeowners "huge 
amounts" of money to get their homes back into shape again when someone 
rents them and uses them as grow ops.

"To me we are making the property owner a double victim," said DeGraag. She 
said she couldn't see a homeowner knowingly renting their home to someone 
to use as a grow op.

RCMP Sergeant Andy Brinton said that five grow ops investigated this year 
all belonged to one person. "The reality is that a lot of these grows are 
owner-operated."

He addressed how this bylaw would be affected should marijuana be 
decriminalized. In its current state, it would still be considered illegal 
for someone to possess small quantities but that a person wouldn't receive 
a criminal record. Large quantities, production, trafficking would still be 
considered illegal. One requires a permit to grow marijuana for medical 
purposes.

Councillor Jeff Mah pointed to landlords' right to inspect their premises 
and said property managers can do the job for absentee landlords.

"I think we need to be clear that we are not a drug-friendly town," said 
Councillor Russell Storry.

Like any bylaw, this bylaw would be enforced at the officer's discretion.
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MAP posted-by: Jackl