Pubdate: Thu, 06 Mar 2003 Source: Richmond News (CN BC) Copyright: 2003, Lower Mainland Publishing Group Inc. Contact: http://www.richmond-news.com/ Details: http://www.mapinc.org/media/1244 Author: Darah Hansen Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada) DOC GETS ONE-YEAR SENTENCE FOR GROWING POT A Richmond man accused of trafficking in marijuana says he is a scientist, not a criminal. "It was about discovery. It was never about money," said Paul Hornby of the illegal crop he was growing in his backyard greenhouse until his arrest last year. But, on Tuesday, a provincial court judge disagreed, sentencing the 50-year-old Hornby, who holds a doctorate in human pathology, to a one-year jail term to be served in the community, with house arrest for the first three months. That sentence could have been longer, warned Judge E.J. McKinnon in her ruling before the Richmond provincial court. But, she added, "I deliberately have confined you to your residence for only three months because, despite the aggravating factors... you were involved with (marijuana) production for the Compassion Club." He was also fined $1,500. Hornby was first arrested on the pot charges last April. At that time, police found a "large and sophisticated" grow operation in the greenhouse on his three-acre east Richmond property. Several kilograms of harvested marijuana, as well as 43 grown plants and 1,500 clones were seized in the raid. An expert police witness told the court at an earlier hearing the entire operation was worth up to $2.5 million on the street. But Hornby maintained he was growing the plants at a financial loss for the benefit of the B.C. Compassion Club, a nonprofit organization that provides medicinal marijuana to the sick and dying. Hornby testified earlier he was doing research on the plants to determine which strains were best to ease the chronic pain of those suffering from diseases like AIDS. His lawyer, John Conroy, had argued for an absolute or conditional discharge for his client. But the judge found too many strikes against Hornby. In particular, "I find Dr. Hornby was highly motivated by financial gain," she said Tuesday, citing the size of the crop and potential benefits to Hornby's private herbal company. Judge McKinnon said the case was further aggravated by the discovery of an unloaded shotgun and switchblade in the house, as well as a second production charge levelled against Hornby in August while he was on bail. The judge also cited Hornby's flagrant disregard of a Health Canada permit that allowed his Vancouver-based laboratory to test - though not grow - strains of marijuana puts the entire federal process of decriminalizing marijuana for medical reasons in jeopardy. Outside the courthouse Tuesday, Hornby vowed to reapply to the federal government in order to be granted a licence to test and grow medicinal marijuana. - --- MAP posted-by: Josh