Pubdate: Mon, 21 Nov 2005
Source: Vancouver Courier (CN BC)
Copyright: 2005 Vancouver Courier
Contact:  http://www.vancourier.com/
Details: http://www.mapinc.org/media/474
Author: Mike Howell, Staff writer
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

GROWERS' NAMES PROTECTED

In B.C. 169 people are allowed to grow and possess marijuana for
medicinal purposes and an additional 22 people get their pot from
licensed growers, according to Health Canada.

But Health Canada won't release the number of licensed growers in
Vancouver because it wants to protect their privacy and guard them
from becoming targets of organized crime, said Christopher Williams, a
spokesman for Health Canada.

"Obviously, in Vancouver it's not as big a deal [because of the
population], but if it's Charlottetown or Winnipeg, then the numbers
start getting smaller and it's a lot easier to tell who might have a
medical issue or whatever," said Williams in releasing the latest
statistics on licensed grow-ops to the Courier.

Williams, however, believes the majority of the 191 licensed growers
in B.C. are likely operating in Vancouver, which has a population of
close to 600,000 people.

The issue of medicinal marijuana surfaced this week when news broke
that three Vancouver men are suing the city after Vancouver police
raided a house that once contained a licensed grow-op.

The police recovered an undisclosed quantity of dried marijuana Sept.
8 from inside the house on St. George Street and 25 marijuana plants
in a garden outside the house, according to an affidavit filed in B.C.
Supreme Court by Det. Const. Jason Gray.

In the affidavit sworn Tuesday, Gray said the licence for the grow-op
in the house had expired and noted there was no licence for the 25
plants growing in the garden.

Gray pointed out it was "standard practice" for the Vancouver police
to check with Health Canada prior to obtaining a search warrant to
determine whether a suspected grow-op is legal.

"Although I do not recall which of my colleagues did so, I know that a
check was made with Health Canada regarding the residence," Gray wrote.

In their suit against the city, Michael Maniotis, Dale Waldman and
Yoram Adler-all in their 40s-allege the police knowingly ignored the
fact Adler had a previous Health Canada licence to grow marijuana at
the house.

Maniotis told the Courier he agreed Adler's licence had expired and
that's why police didn't find a grow-op in the house. He said police
claims of seizing dried marijuana and 25 plants in the raid are false.

Furthermore, he pointed out Adler was authorized by his doctor for
renewal of his licence in August and had sent the necessary paperwork
to Health Canada.

"Technically, since his doctor has signed the forms, Mr. Adler was a
marijuana patient," Maniotis said. "The police have neglected to say
that when they entered the house, I notified them that Mr. Adler had
been reauthorized."

Adler has an undisclosed debilitating disease and severe arthritis,
Maniotis said. Adler's expired licence allowed him to possess and
cultivate 24 marijuana plants. His renewed licence allows him to grow
49 plants, Maniotis said.

Adler doesn't live at the house on St. George Street but Waldman
allowed him to cultivate the marijuana there, said Maniotis, noting
Health Canada approved the grow-op site where Waldman and Maniotis
live.

The three men, who are acting as their own legal counsel, are seeking
a combined $400,000 in damages, with $250,000 going to Adler for
"medical suffering which the [police] willfully caused."

Police raided the house with guns drawn and put the occupants in
handcuffs but no charges were laid. After the raid, city electrical
inspectors shut off power to the house and posted a "Do Not Occupy"
sign on the door.

Maniotis believes police are harassing him and the two other men
because of Maniotis' previous convictions for marijuana-related
offences, including setting up several "harm reduction" clubs in the
Downtown Eastside.

Maniotis, the director of the "B.C. Marijuana Factory," said he spent
three-and-a-half months in jail last year. As director of the
organization, he said he assists people find landlords who will allow
licensed growers to grow pot.

Considering the hundreds of marijuana grow-ops raided by police each
year, Maniotis said he found it hard to believe that police check with
Health Canada each time before busting a grow-op.

All licensed growers must list their address with Health Canada. That
information is available to police, but Williams of Health Canada said
the organization doesn't keep statistics on number of calls from
police departments.

As for licensed growers whose licences expire, Williams said, "it's a
patient's responsibility to make sure their licence is renewed. They
are given warnings when the expiry is approaching. They're given
warning with plenty of time to renew it on time." 
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MAP posted-by: Richard Lake