Pubdate: Wed, 12 Sep 2007
Source: Goderich Signal-Star (CN ON)
Copyright: 2007 Goderich Signal-Star
Contact:  http://www.goderichsignalstar.com/
Details: http://www.mapinc.org/media/1735
Author: Gerard Creces
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

GROWING PAINS: MARIJUANA CULTIVATION IN HURON COUNTY

"I'll run it low for the  next couple of days," says John - who asked 
his real  name not be used - as he inspects the progress of his 
hydroponic plants. "See those leaves and how they're  curling up at 
the edges? It could be because the fan is  drying them out or because 
they are getting too much  fertilizer."

Here, tucked in an upstairs corner of a Huron County  home, 
high-pressure sodium (HPS) lightly casts a  pinkish glow over 15 
neatly arranged marijuana plants,  each poking out one-and-a-half to 
two feet above a  plastic insulating sheet.

Beneath the plastic, nutrient-rich water runs through a  length of 
rubber tubing into a tray containing foam  bricks which house the 
roots, back into a collector  reservoir below. Each time the water 
cycles through,  the plants extract more fertilizer from the water 
until  it has completely run through. It's quite an efficient  set-up.

"This is 10 less plants than I would normally do,"  explains John as 
he swishes a pH reader through the  collector reservoir with low 
results. "See how it's  700-800 ppm (parts per million) right now? 
Normally it  should be 1,000 to 1,100."

With that, the indoor gardener adds a few drops of  phosphoric acid 
to the water to keep it at just the  perfect balance for his plants.

Using only a 400-watt HPS bulb, John says he is able to  grow fewer 
plants with a higher yield, as they have  more room to grow and can 
be closer to the light source  with little withering

"They're looking good," he says of his plants. "I  should be able to 
get three quarters of a pound at  least."

At a rate of two to three medium-sized joints a day,  that much 
marijuana would last four or five months.  John says he normally 
pulls off three to four batches  in any given year.

The space itself occupies less than five feet squared,  though the 
plants in question will generate enough buds  to supply John with 
marijuana for the next few months  and help make his monthly loan 
payments. Hardly what  you'd expect from a neighbourhood "grow-op."

Then again, the scene in this Huron County home hardly  seems like a 
stereotypical grow-operation.

To enter the house, you would never even know it was  there. No 
sights, smells or sounds suggest there is a  hydroponic operation 
just metres away.

Everything about this particular setup is surprisingly  low-key, from 
the lone light over the plant tray to the  old electric fan that 
recirculates the air. It's  nothing like the huge operations seen on 
television or  newspapers following huge busts such as the old Molson 
plant in Barrie in 2005.

However, even though John has a minimal set-up, he  could be 
prosecuted just the same as those large scale  operators. Since the 
Liberal government's proposed  changes to marijuana laws died with 
the dissolution of  the last parliament, the Controlled Drugs and 
Substances Act (CDSA) of 1997 remains the go-to  document for marijuana cases.

As it stands with the Controlled Drugs and Substances  Act, he could 
potentially face seven years in prison if  caught.

For the moment, John is not concerned - he keeps to  himself and has 
no plans on joining an international  cartel any time soon. He works 
a full-time job,  supports a family and is a contributing member of 
his community.

Though he does sell small amounts to meet costs  (including his own 
cost of living), this isn't the  million-dollar enterprise read about 
in police reports.  All told, even if three batches of his plants 
grow to  fruition, John isn't even looking at $5,000 - before  cost.

What he does sell, he says primarily ends up in the  hands of factory 
workers, with an average age of 25-55  years old.

That keeps with Statistics Canada's figures as well,  which say that 
50 per cent of all marijuana users are  more than 30 years of age.

Though as a grower he faces set charges stipulated in  the CDSA, the 
plight of the smoker is in a state of  change.

The constant legal debate regarding marijuana  possession took an 
unexpected turn last month, when a  Toronto judged deemed Canadian 
possession laws  unconstitutional. The reason was they only stipulate 
policy regarding medicinal marijuana without actually  making changes 
to the laws.

The argument was made then, that all Canadian  possession laws were 
unconstitutional. The decision was  upheld and was expected to be appealed.

Marijuana cultivation doesn't just start with a seed  and end in a 
cruiser. There are an estimated six to  eight cultivation cases 
currently before the courts in  Huron County.

The amount of small possession cases in the courts have  jumped 
between 20 and 50 per cent since Bill C-17 died,  according to one 
CBC.ca report - a cost felt not only  in taxpayer dollars, but court time.

These numbers do not necessarily reflect an average  year for Huron 
County's marijuana cultivation charges -  a crime that becomes 
increasingly less seasonal as  indoor operations allow for a number 
of indoor crops to  be harvested per year.

Goderich lawyer Mike Donnelly said the number of  charges laid in 
Huron County have not skyrocketed and  that there was no local spike 
in charges or enforcement  since 2006.

"It hasn't changed anything in my perspective," he  said. "Not 
locally, anyway."

All cultivation charges are considered an indictable  offence with a 
maximum sentence of 14 years.

"It's reasonably common," said Donnelly of marijuana  cultivation 
charges. "There have been a number of  fairly large arrests before the courts.

Large scale, said Donnelly, is normally in the area of  350-400 plants.

"Turn that over three or four times a year and that's a  lot of 
product," he said.

Cultivation offences do have a certain degree of  flexibility when it 
comes to sentencing. The  prosecution, defence and the judge all have 
their say  in how hard the book is thrown at the grower.

"The penalty depends on the number of plants and  whether it's a 
commercial operation," said Donnelly.  "For large scale, it's almost 
always jail time."

Donnelly said there is no significant distinction  between 
prosecuting outdoor or indoor growers, aside  from the amounts 
stipulated in the CDSA.

Possession, he said, is often the result of a different  criminal 
investigation where a search of a suspect  turns up drugs and other 
paraphernalia.

"I've had cases where police lay charges for residue;  bits of 
powder, traces of oil..." he said. "A couple of  joints in the pocket 
is the typical possession."

In cases of possession, the prosecution can decide  whether or not to 
pursue the matter as a summary  conviction or as an indictable 
offence, depending on  the amount.

"Anything under 30 grams is a straight summary  conviction," said 
Donnelly. "There are greater  penalties available if by indictment."

For John, the penalties seem to be worth the risks - he  is on his 
way to pulling off his first batch of the  year. However, should he 
be busted, his case would be  fairly cut and dried, so to speak.

Outdoor, on the other hand, is much harder to  prosecute. Donnelly 
said the reason why is because  there just isn't enough manpower to 
police every creek,  field and forest in the county.

Destruction of the discovered crops is still the number  one way of 
dealing with outdoor grow operations. To  that effect, The Ontario 
Provincial Police and Crime  Stoppers have been hard at work, making 
sure the public  is well aware of the signs of marijuana growing sites.

Late summer/early autumn is generally harvest time for  the outdoor 
illegal marijuana crop, and Const. Joanna  Van Mierlo, media 
relations officer for the Huron OPP,  said the public plays a 
considerable role in helping to  locate not only plants, but growers as well.

The best defence is a sharp eye, she said. However, the  constable 
warns against people playing the hero if they  come across suspicious 
planting activities.

"We always encourage people to get licence numbers of  the vehicles," 
she said. "It's not unusual for  (growers) to be armed to protect 
their crop - although  that does not happen a whole lot here, it does happen."

Van Mierlo said while police are always on the lookout  for marijuana 
cultivation, there is no indication that  the number of plants or 
planters is on the rise.

"It seems to be... not cyclical, but it goes in fits  and starts," 
said Van Mierlo. "We had a number of those  types of seizures a few years ago."

The amount of police response depends on the size and  severity of 
the suspected grow. When a cultivation site  is reported, an initial 
investigation determines how  much manpower is necessary.

"The public will alert us to locations for grows and  then follow up 
would be done using a helicopter or  officers on land," she said. "I 
would say that  generally it's a high hit rate - if someone suspects 
a plant to be one, usually they are."

Whereas indoor growers like John have the convenience  of being able 
to outfit their homes with all the  essentials, outdoor growers need 
to go where the water  is.

Van Mierlo said most outdoor marijuana is planted near  some sort of 
water source, along fence lines or on the  edges of fields. As for 
the magnitude of the grow-op,  it ranges greatly.

"Some can be as large as organized crime related, some  can be as 
small as the local pot smoker that wants to  have enough to supply 
him or herself," Van Mierlo said.

Donnelly concurs.

"It could be two in the garden next to the peonies or  it could be 
10,000," he said.

Van Mierlo said though the country is an ideal place  for outdoor 
planting, indoor operations are permeating  more and more into the towns.

"There seems to be a trend where indoor grows are being  set up right 
in the middle of an urban centre," she  said. "They're not 
necessarily in a farmhouse in the  middle of the bush."

She said there are some tell-tale signs used to spot  possible 
grow-houses in towns:

the house might be quite neglected - appearing that no  one is living there

they're probably not putting garbage out on garbage day

residents come and go at odd times.

steam in the windows in the wintertime

the windows are completely covered

However, Van Mierlo stressed that these are only signs  and that 
police have much more red tape to get around  than just appearing 
like it could be a grow op.

"The public needs to remember it's a lot more difficult  for us to 
get into a residence than a farmer's field  for a seizure," she said. 
"That's just the laws of  Canada and the right to privacy. We have to 
have  grounds.

"I've been in big ones and I've been in really small  ones," she 
said. "It's all pretty dangerous and it's  pretty amateur."

The danger lies in the methods growers use to obtain  hydro. She said 
it is not uncommon for growers to dig  out their hydro lines and 
bypass the metres on their  houses so the power they use is virtually 
undetectable.  This, she said, poses a significant risk to public safety.

"It's a huge danger to people going past they  property," she said. 
"They're not electricians. There  is stray voltage, live wires, 
exposed wires..."

That type of danger means the police have to be  incredibly cautious 
even before stepping into the  suspected house. Upon entry, she said 
the safety of the  officers becomes even more of a priority.

"We would use biohazard equipment because of toxic  equipment and 
chemicals," she said. "Often there are  booby traps set."

With John's set-up, the most harmful chemical is the  phosphoric 
acid, which he applies somewhat carefully,  though not with gloves or 
a ventilator. He does,  however, store it safely away from where 
people or  animals could get at it.

The rest of it poses no real harm to a visitor or  investigator - his 
hydro usage is low due to the type  of light he is using and is not 
bypassed from the main  metre. The only electrical work he has done 
for this  operation is plugging it in.

As with outdoor operations, Van Mierlo said the best  thing to do is 
call the police and let them handle the  investigation, however, the 
timeliness of the calls can  ultimately affect the outcome as well.

Considering his own crop is largely personal, John  doesn't feel it 
should be outlawed.

"Why is marijuana so bad to grow?" he asks,  rhetorically. "Why can I 
grow tomatoes using this same  setup and everything?"

Regardless, tomatoes won't result in cultivation,  possession and 
trafficking charges - marijuana will.
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MAP posted-by: Jay Bergstrom