Pubdate: Wed, 03 Apr 2002
Source: Burlington Post (CN ON)
Copyright: 2002 Burlington Post
Contact:  http://www.burlingtonpost.com/
Details: http://www.mapinc.org/media/1528
Author: David Harris

GROWING MARIJUANA HAS BECOME BIG BUSINESS IN ONTARIO WHERE GROW HOUSE 
ARRESTS ARE ON THE RISE

I seldom saw a charge of cultivating narcotics when I started practicing 
law 23 years ago. There were times when police found a marijuana plant or 
two growing in a suspect's home, but this was usually being grown for the 
person's own use.

Occasionally, more enterprising drug dealers would grow marijuana for 
commercial purposes. Such activity was limited, however, by several 
factors. Full-sized marijuana plants got too big for anyone to hide many of 
them inside. The risk of detection and our Canadian weather discouraged all 
but the most determined drug dealers from outside cultivation.

Times have changed. The term "cultivation" disappeared along with the 
Narcotics Control Act. The Controlled Drugs and Substances Act makes it 
illegal to "produce" these substances.

This is minor, however, when compared to the changes that science and 
hydroponic gardening have brought about.

Marijuana plants that are grown using hydroponics are not as big as those 
grown regularly. They have, however, a greater yield of the usable portion 
of the plant and the level of THC (the active ingredient in marijuana) is 
higher. And, they can be grown year-round.

The result of this is that one can produce much more top-grade marijuana 
than ever before, and it can be done in one's own home. The necessary 
equipment can be purchased from a hydroponics store. After all, the same 
techniques may be used to grow tomatoes or other legal plants.

Dramatic increase in growing operations

Books are available to teach even a novice how to grow marijuana and 
further information may readily be found on the Internet.

The result of all this is a dramatic increase in marijuana growing 
operations across Ontario. There has also been a dramatic rise in the 
number of arrests. In 2000, police executed 160 illegal marijuana producing 
warrants across Ontario. In 2001, that number jumped to 650.

Many of these were in the grower's own residence. There is, however, a 
trend towards locating large commercial growing operations in otherwise 
empty houses.

In a regular home, a large grow might be seen by a visitor who may pass 
that information along to the police. If he does not see anything, that 
visitor might smell something. Marijuana does have a rather distinct odor. 
Venting systems may reduce this problem but do not eliminate it.

Marijuana plants need light for up to 18 hours per day depending on the 
stage of their growth. The special lights used to provide this require 
massive amounts of hydro.

Commercial growers sometimes bypass the meter and connect directly to the 
hydro lines. This allows them to avoid giving themselves away by the 
dramatic increase in power consumption. It also allows them to save money 
on the hydro bill. It also creates a greater risk of fire.

Length of sentence may vary

Those caught growing marijuana can expect a jail sentence. Beyond that, 
however, there is a tremendous range in the length of sentence. The maximum 
sentence for growing marijuana is imprisonment for seven years. This is 
rarely, if ever, imposed.

A conditional sentence with house arrest may be considered for a first 
offender involved in a relatively small operation, especially if it is for 
his own use.

At the other end of the spectrum, someone growing marijuana on a 
large-scale commercial basis might be looking at spending several years in 
the penitentiary. The sentence imposed in any particular case will always 
depend on the age and background of the offender.

This area of the law is too complicated to be explained fully in the space 
available here. Anyone who has been charged with such an offence or who 
requires further information for any reason should consult a lawyer.

David Harris is a Burlington resident with a criminal law practice in 
Oakville. He is writing a series of columns on criminal law. To find his 
past columns, visit the Web site www.lawyers.ca/dharris.
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MAP posted-by: Larry Stevens