Pubdate: Thu, 03 Oct 2002
Source: Record, The (CN BC)
Copyright: 2002 Lower Mainland Publishing Group Inc.
Contact:  http://www.royalcityrecord.com/
Details: http://www.mapinc.org/media/1654
Author: Martha Wickett

POLICE NOT INVITED TO NEW LEGAL GROW-OP

While some media outlets received a guided tour this week through a 
medicinal marijuana grow operation in Queensborough, New Westminster police 
haven't yet had the pleasure.

Staff Sgt. Casey Dehaas says police hope that the people running the 
licensed Marijuana Factory will allow them a visit.

"We'd like to have a look at it - we'd like to see the licence permitted to 
grow this and under what conditions," he said.

Up to 110 marijuana plants to be used for medical purposes will be grown by 
three users licensed by Health Canada, say media reports.

Dehaas, meanwhile, says police have a lot of research to do.

He said Health Canada is bound by the privacy act, so won't tell police who 
has received licences.

"That's going to be a real problem for us and for police across Canada. I 
understand there was a case in Quebec or Ontario where the drug squad had 
information - hydro rates, smell - and went to the JP for a warrant. The JP 
asked what information you have that this is not a licensed, legal grow 
operation - and the police didn't have any. So the JP said 'I can't give 
you a search warrant then.' That might be appealed, but that's one of the 
roadblocks we'll run into."

He said the conditions and rules of the licences will be important - will 
they fit into local zoning bylaws, will they be safe - as will having 
someone to oversee and enforce the conditions.

"Who's going to ensure the grow-op is a safe one - have they wired the 
hydroponics up safely as we know fires occur?" Dehaas asks, adding that 
grow operations damage houses in ways other than fire. "Do they have to 
inform the landlord they're going to set up a grow operation which will 
probably destroy the house?"

He also wonders if such operations would require a business licence.

"The city has a substance bylaw that prohibits any marijuana grows."

In July of 2001, New Westminster city council passed a bylaw to prohibit 
the use of property for the trade, business or manufacture of controlled 
substances.

It was aimed at marijuana grow ops, methamphetamine labs and crack houses.

Under the bylaw, if a property is used as a grow operation, the supply of 
electricity, water or natural gas won't be reconnected and the property 
can't be occupied until certain obligations are met. They include getting 
inspections and permits and paying fees required to ensure the property is 
compliant with the city's bylaws and any provincial statutes or regulations.

As for provincial regulations, children who are found in a residence used 
as a grow operation can be seized by the provincial government.

Sgt. Ivan Chu of the police drug squad commented after a raid last year: 
"The alarming thing is that a lot of the children being apprehended (from 
grow operations) have severe allergies. It's a real health concern."

Overall, Dehaas says, police are trying to get some answers from Health 
Canada as well as the federal justice department.

"There are a lot of unanswered question here; it goes on and on... We have 
a lot of concerns for the community - safety of the community is our first 
concern."
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MAP posted-by: Larry Stevens