Pubdate: Wed, 07 Jan 2009
Source: Miramichi Leader (CN NK)
Copyright: 2009 Brunswick News Inc.
Contact: http://miramichileader.canadaeast.com/onsite.php?page=contact
Website: http://miramichileader.canadaeast.com/
Details: http://www.mapinc.org/media/4756
Author: Laura MacInnis
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

12-MONTHS FOR COMPASSIONATE MARIJUANA GROWER

MIRAMICHI - The woman who was caught growing what she described as a
"compassionate marijuana grow op" in her home in Bay du Vin will be
going to jail in spite of telling the court she was attempting to help
people who were sick and not to make money.

Eva Marie Duplessie, 45, flew back to Miramichi from her home in
Toronto to hear her sentence on Monday, and found out she wouldn't be
flying home soon.

Court of Queen's Bench Justice Jean-Paul Ouellette sentenced her to 12
months in jail for the operation, which was uncovered in 2007.

During the investigation, officers uncovered 213 plants growing in her
home, along with highly elaborate equipment including lighting and
timers. In total 24 pounds of harvested marijuana bud was seized from
the home.

Standing to hear the decision, Duplessie did not cry but grew
stone-faced, staring straight ahead.

It was significantly less time than the Crown asked for at the
sentence hearing a month ago. While the Crown prosecutor submitted the
request for a harsher punishment of 18 months to two years, Ouellette
was satisfied a year was appropriate for a first time offender who was
far from a commercial grower.

Nor did he agree to the house arrest sentence as pursued by defense
lawyer Geri Mahoney, who said this drug production was different from
anything the Miramichi was used to seeing. She submitted it did not
resemble the highly profitable tactics of those caught in Operation
Jackpot in 2005. Duplessie testified at the sentence hearing she took
a loss on production because she wanted to help those who were ill.

But in his decision Ouellette said it was not his job to assess the
ethics of her crime.

"This court does not decide the rightfulness of the
offense."

He noted the large amounts of marijuana seized from her home and her
attitude toward the drug as part of the reason for the jail time.

"This was clearly to feed her own addiction, but she felt morally
justified," said Ouellette. "The offender does not intend to seek help."

As an aggravating factor he listed her presence in the drug culture
and online network involved in aims to legalize marijuana.

"This was not one of impulse or a momentary lapse of judgment," he
said.

Ouellette said his decision also arose from the exposure of marijuana
production to the teenagers living in the house. Her daughter lived
with her in the home when she was producing marijuana and though she
said her daughter never saw it, she admitted she knew what was going
on. As well, Duplessie had recently taken over the care of another
teenage girl who was the daughter of a family friend.

After she is released, Duplessie will serve a two-year supervised
probation. During this time she is to undergo assessment and treatment
for drug abuse as well as a mental health assessment. She will not be
allowed to use or be in possession of alcohol or illegal drugs.

Duplessie will also pay a $100 victim surcharge and will be prohibited
from the use or ownership of a firearm for 10 years.

The items seized from her home found to be products relating to the
growing operation will be destroyed.

As the court cleared out Duplessie spoke briefly to her lawyer and
asked to if she could call her daughter as she was taken back into the
holding cell by a court sheriff.
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MAP posted-by: Larry Seguin