Pubdate: Fri, 13 Sep 2002
Source: Richmond News (CN BC)
Copyright: 2002, Lower Mainland Publishing Group Inc.
Contact:  http://www.richmond-news.com/
Details: http://www.mapinc.org/media/1244
Author: Darah Hansen

CROWN: GROW-OPS LEAD TO OTHER CRIMES

Richmond Man Faces Jail Time For Growing Marijuana He Claims Was Destined 
For The B.C. Compassion Club

Is he a common criminal or a humanitarian trying to help the sick and dying?

A judge will answer that question when Paul Hornby, a Richmond herbal 
medicine researcher, is sentenced in Richmond provincial court on charges 
of growing marijuana in his backyard greenhouse.

Hornby, who earlier pleaded guilty to charges of marijuana trafficking and 
possession of an unregistered rifle in relation to an April 10 police bust 
at his east Richmond home, is facing jail time.

But his lawyer, John Conroy, said he's hoping his client won't spend one 
day behind bars.

In a sentencing hearing that began last Tuesday and is scheduled to 
continue throughout this week, Conroy argued Hornby was growing the pot - 
about 1,800 young and 37 mature plants - for the B.C. Compassion Club, a 
Vancouver-based organization that provides medicinal marijuana to its members.

Hornby is a herbal medicine researcher with a PhD in human pathology. He 
operates a lab in Vancouver where he is licensed to grow and possess hemp - 
a cannabis plant with a limited amount of THC, the active drug ingredient 
in pot.

But, his lawyer said outside the court, "He didn't have a licence to do 
what he was doing (in Richmond)."

The Richmond operation, Conroy said, saw Hornby growing and testing five 
different strains of marijuana for the Compassion Club. The research 
centred around developing profiles on how and why certain strains affected 
patients with specific diseases or ailments, Conroy said.

Hilary Black, founder and spokeswoman for the Compassion Club, said Hornby 
held a written contract with her club which was providing up to $1,500 a 
pound for production costs. The money wasn't enough to cover the full costs 
of production, Black said, adding Hornby's motivation was to help people.

Conroy is asking the judge to consider an absolute discharge for his client 
- - a legal matter that will require a constitutional challenge on the part 
of the defence.

Meanwhile, federal Crown counsel Ernie Froess said Hornby, no matter what 
his motives were for growing the pot, should be treated like any other 
commercial marijuana grower.

Outside court last week, Froess said the Crown is seeking a one-to two-year 
jail sentence, to be served in the community. He said that would be 
appropriate for any non-violent, first-time offender of this nature.

The Crown is not conceding the marijuana was destined for the Compassion 
Club, and, even if proved otherwise, the rifle - though unloaded with no 
bullets present - found in the house, along with two prohibited knives, 
aggravate the case.

Froess said the Crown is also conscious of statistics that link marijuana 
grow-ops with other kinds of crime, including break-ins and violence.

"Even if Dr. Hornby is a humanitarian, grow-ops do pose a risk to the 
community at large," Froess said.

The Crown is further arguing that Health Canada is the only body in the 
country entitled to regulate the production and sale of pharmaceuticals.

"Dr. Hornby is not allowed to take the law into his own hands. That (legal) 
process should be followed," Froess said.

The case continues in Richmond provincial court.
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MAP posted-by: Larry Stevens