Pubdate: Wed, 24 Mar 2010
Source: Regina Leader-Post (CN SN)
Copyright: 2010 The Leader-Post Ltd.
Contact: http://www.canada.com/reginaleaderpost/letters.html
Website: http://www.canada.com/regina/leaderpost/
Details: http://www.mapinc.org/media/361
Author: Heather Polischuk

POLICE RETURN SEIZED GEAR

Police recently had to return marijuana-growth equipment they seized
from a licensed producer during a large drug bust in southern
Saskatchewan in early December.

Alida resident Darcy Germain, 41, was one of 28 people arrested as
part of a lengthy police investigation that targeted drug trafficking
in Estevan and surrounding areas. Germain - who says he grows and uses
marijuana for chronic pain - was charged with two counts of drug
trafficking.

He isn't facing charges in relation to drug production, which is why
an Estevan Provincial Court judge agreed on March 8 to issue an order
for the return of Germain's property, said the Estevan lawyer who
represented Germain at that court appearance.

"There were documents prepared, but they were never referred to in
court because the Crown consented (to the property being returned) .,"
Lori Dunford said. "It's because he has a licence and hasn't been
charged with anything in relation to that licence. What he had was not
evidence for what they're alleging he's done, so it has nothing to do
with the Crown's case." Germain said police had to return lights, fans
and air pumps, as well as his doctor-signed "grow licence." Dunford
said there wasn't any argument from the Crown on the return of
Germain's property.

While Germain said he was pleased with the decision, he's not
completely satisfied - police also seized and destroyed the 13 plants
he'd spent a long time growing.

"They destroyed three years of work of my life, like through the
cloning process and selective breeding and that sort of thing, and
they destroyed everything and I now have to start right from scratch
again .," he said.

"I'm in the process of growing again, but they set me back six
months."

Germain's worried he might also have lost his shot at renewing his
annual licence come September. The doctor who'd been signing his
licences for the past five years is no longer around, meaning Germain
has to find someone else - something he admits might not be easy with
criminal charges hanging over his head.

Germain is expected to reappear in Estevan court this week on his
charges. A trial date hasn't yet been set. 
- ---
MAP posted-by: Jo-D