20.1.12

What's The Punishment for Growing Marijuana?

By Castulo Zane


How serious is possession and cultivation of marijuana in BC? The internet makes it easy to find out exactly what happens if you get caught. Read these results and compare the to the US.

North Vancouver Provincial Court. Summer 2011 Charge: Possession of Cannabis. The court had to determine if proceeding with criminal charges was in the best interests of the public. The defense lawyer argued that it was not, and the defendant was sent through an alternate program. Upon completing the program charges were dropped. No criminal record resulted.

Nanaimo Provincial Court. Spring 2011. Offense: Cultivation and possession plus an application to return seized money. $2000 seized by police from the defendant was alleged to be proceeds of crime. The defense argued that this was wrong and had the court return the funds to his client.

Nanaimo BC, Provincial Court. February 2011. Offense: Production and possession of more than 3 kilos of pot. The Crown said that the grower was producing over 200 plants. The lawyer for the defense successfully convinced the crown to reduce the charges. Then, he got the court to grant a conditional sentence of nine months. The Crown then asked that the grower be disallowed from possessing grow equipment, but the Court rejected that request.

Vancouver Court. Fall 2010. Offense: Production of Marijuana; Possession of Marijuana. The issue was whether the search warrant used by police was valid and legal. This was a 250 plant grow show. The Crown tried to argue that the grower knew about and was in control of the grow op. The defense lawyer convinced them to drop the charges. The grower didn't get a record.

Abbottsford. Fall 2010. Offense: Cultivation and production of Cannabis. The police busted a grow op with more than 1000 plants. The lawyer negotiated it down to possession of 63 clones. There were lengthy negotiations with the crown, but in the end the grower got a conditional sentence for less than three kilos. He got no jail time.

Williams Lake Supreme Court. May, 2010. Charge: Production and Possession for the Purpose of Trafficking . Issue: The police caught a grower with a 5000 plant plus operation. The lawyer argued that they breached his rights by getting him to confess. After going to court the defense lawyer turned this into a plea bargain. The Crown originally wanted two years, but the defense lawyer got it reduced to a 12 month conditional sentence without house arrest. Also, there was no electronic monitoring and no probation.

Looking over these actual cases is telling. The results of getting caught aren't too serious. It's no wonder BC produces so much marijuana.




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