Pubdate: Wed, 18 May 2005
Source: Tumbler Ridge News (CN BC)
Copyright: 2005 Tumbler Ridge News
Contact:  http://www.tumblerridgenews.com/
Details: http://www.mapinc.org/media/3600
Author: Linda Rainaldi, of the People's Law School
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/topics/grow+operations

GROW-OPS

Grow-Ops Is The Second Of A Series On Criminal Law

"Grow-ops have become the `talked about crime' at dinner parties
simply because people all over the province are being charged with
growing marijuana in their homes," says criminal law lawyer, George
Xuereb. "Police estimate that in some areas in the lower mainland,
there is a grow-op in every fourth or fifth house. Outside the lower
mainland, the police suspect there are much larger outdoor grow-ops,"
he says.

Most indoor grow-ops are hydroponic -- they are grown indoors with
special lights and without the need for soil. The "gardeners" are
usually hired by members of organized crime to just grow the marijuana
plants and are simply one link in a long chain of people who buy and
sell drugs. The average indoor grow-op is 150 to 500 plants, which
brings in about $70,000 - $300,000 when the crop is sold. People
involved in organized crime solicit people who are normally
law-abiding citizens to be "gardeners." "Most of them view the venture
as a `mortgage helper' or a means of putting the kids through
college," says Xuereb. However, neighbours often report suspicious
activities to the police and they are caught. It is a serious crime
and does result in a criminal record on conviction.

If you are caught with a grow-op, you will be charged with "possession
of marijuana for the purpose of trafficking" as well as "production of
marijuana." If you have been "stealing" electricity for grow-op lights
from BC Hydro by means of an electric bypass, you will also be charged
with "theft of electricity".

The penalty for a first conviction for a grow-op is likely to be a
conditional sentence order, which is a jail sentence that is served in
the community. It is a form of house arrest and involves supervision
by a supervisor from the community probation office. The penalty for a
subsequent conviction is likely to be a real jail sentence of 6 to 18
months, served in jail. These sentences are not mandatory. In some
cases, the Crown will also charge you with "proceeds of crime". This
means that if the Crown believes you bought your house, car, or boat
with proceeds from the illegal grow-op, they will bring a criminal
action to confiscate your property.

The police must have a search warrant before they can enter your home
and search for marijuana plants. When lawyers defend someone on a
grow-op charge, explains Xuereb, they are often defending the right of
people not to have their home searched in an illegal way, that is,
without good reason to believe that an illegal activity is being
conducted in your house.

If it turns out that the police did not have good reason to come in
and search your house, the evidence they found during the search
(e.g., the marijuana plants) may, in certain circumstances, be thrown
out of court and the criminal charges will be dismissed.

If the search warrant is valid and a grow-op is discovered, the Crown
has to establish that the accused had knowledge and control of the
plants. So, for example, John might be sharing a house with others who
have a grow-op. If John knows there is a grow-op in the basement, but
does not have "control" of the plants (e.g., ownership, care,
harvesting, or selling), he does not have knowledge and control of the
plants. However, if John acts as a "watchdog" for the grow-op (e.g.,
he might warn the plant owners about police surveillance), he may be
found to be in control of the grow-op and be convicted of possession
of marijuana for the purpose of trafficking and production.

George Xuereb is a criminal law lawyer practicing in the Lower
Mainland.

The purpose of this article is educational in nature. It is not
intended as legal advice. It offers general information only. If you
have a legal problem, you should seek professional advice. Next week:
Sentencing.
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MAP posted-by: Larry Seguin