Pubdate: Mon, 16 May 2011
Source: Record, The (Kitchener, CN ON)
Copyright: 2011 The Record
Contact: http://drugsense.org/url/942MrkRX
Website:  http://news.therecord.com/
Details: http://www.mapinc.org/media/225
Author: Brian Caldwell
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

COUPLE CLAIMS DOPE GROWN OUT OF 'COMPASSION' FOR SICK

KITCHENER -- A couple who claims they were only meeting a medical 
need admitted Monday that they went into business growing marijuana.

Andrew Davis, 37, and his wife, Susanna, 35, had no prior records 
when police raided home-grows in suburban Kitchener and Waterloo in June 2010.

A search of their house on Tweedsdale Street in Kitchener turned up 
221 plants worth an estimated $1,000 each, plus harvested marijuana, 
cash and related paraphernalia.

Husband and wife pleaded guilty in Kitchener court to production of 
marijuana and possession of marijuana for the purpose of trafficking 
in connection with that bust.

Andrew Davis also admitted crimes in relation to a second grow-op at 
a house he owned on Westvale Drive in Waterloo, where 48 plants were found.

He acknowledged in court that he has made mistakes, but insisted he 
was motivated by compassion for people who use marijuana for pain and 
other medical problems.

"Regardless of what anyone says, I know that is the truth," he told the judge.

His lawyer, Leora Shemesh, said outside court that while Davis made 
money, he didn't get rich and limited the business to that market.

"He's not selling it to local kids at the high school," Shemesh said. 
"He's doing it for people who need it."

The police investigation -- which began with an anonymous tip -- also 
led to the seizure of 48 plants from the Waterloo home of a man who 
is a quadriplegic.

Although charges in that raid were withdrawn, Davis admitted helping 
the man with the Beechwood Drive grow-op after he had waited several 
years for a medical exemption to use marijuana.

Justice Michael Epstein accepted the explanation in that case, but 
found the other two home-grows were "motivated by greed."

Particularly telling, he noted, is that Davis wasn't working and had 
no other source of income.

Epstein sentenced the former realtor and business owner to the 
equivalent of 15 months in jail. Deducting pre-trial custody, Davis 
has three months left to serve.

Federal prosecutor Bob Johnston sought an 18-month jail term, 
dismissing claims Davis was a do-gooder and stressing the damage done 
by home-grows.

"They completely ruin the homes they're in," said Johnston, citing 
health hazards such as mould from high humidity. "They become sores, 
a pox on the community."

Susanna Davis is scheduled for sentencing in July. Her lawyer, 
Stephanie Krug, indicated she will argue for a term of house arrest.
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MAP posted-by: Jay Bergstrom