Pubdate: Wed, 14 Dec 2011
Source: Winnipeg Sun (CN MB)
Copyright: 2011 Canoe Limited Partnership
Author: Dean Pritchard, Winnipeg Sun 


Gregory Schellenberg had already been approved to grow medicinal 
marijuana when police raided his Winnipeg home.

Unfortunately for Schellenberg, he didn't have a licence to show 
police, as it was lost in the mail, a casualty of last summer's postal strike.

Schellenberg pleaded guilty to one count of production of marijuana 
Tuesday and was fined $1,500.

"He had a licence," said defence lawyer Greg Brodsky. "What he didn't 
anticipate was that it wouldn't come because of a postal strike."

Firefighters were called to Schellenberg's home July 4 after receiving 
a report of "unusual green smoke" coming from the chimney, said Crown 
attorney Stephen Christie.

Nothing was on fire, but firefighters discovered a small marijuana 
grow operation in the basement, Christie said.

Police arrested Schellenberg when he returned to the house later that day.

"I'm sorry ... I know I shouldn't be growing it yet but (my licence) 
should be in the mail," Schellenberg told police.

Police seized 48 plants in varying states of development and growing equipment.

Schellenberg, who suffers from severe arthritis, was licenced to grow 
25 plants for his own use. He just didn't have the licence in his 
hand, Brodsky said.

"It's like driving a car and leaving your licence at home," he said. 
"If police come to your door and see green smoke, you have to be able 
to show them a licence."

The Crown agreed to an order returning Schellenberg's grow equipment.

As for the plants, "he will have to start fresh, no pun intended," 
Christie said.
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