Pubdate: Sat, 31 Jan 2004
Source: Vancouver Sun (CN BC)
Copyright: 2004 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Petti Fong
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

POT GROWERS WILL NEED TO PROVE ASSETS NOT FINANCED BY CROPS

People convicted of growing marijuana will be required to prove their
assets were not purchased with money from drug sales, under new
legislation the provincial government plans to bring in this year.

Solicitor-general Rich Coleman said Friday the province will pursue
drug dealers through tax fraud.

"Remember that Al Capone didn't go to jail for the crimes he
committed, he went to jail for tax evasion," Coleman said. "There are
tax laws in this country that would enable us to do this. I think we
just need to find the same commitment."

The new legislation will put a reverse onus on convicted drug dealers
to show homes, cars and other assets they possess were not purchased
with money from the sale of marijuana.

"If you can't get them criminally, get them in the pocketbooks,"
Coleman said.

While the new legislation hasn't been completed, Coleman said it will
be patterned on current legislation that allows the provincial
government to audit businesses to make sure they are collecting sales
tax properly.

Under that legislation, the onus is on business owners to prove they
are not guilty and provide six years worth of statements to back their
defence.

In a speech to the Vancouver Board of Trade, Coleman said the proposed
legislation is just one way the provincial government is trying to
crack down on the marijuana drug trade.

The business community must also lobby the federal government to
continue its plans to double the penalty for convicted growing
operators, he said.

"The message has to be that it's time to reflect the principles of our
communities,and it's time for you to work with us to get the penalties
we need to fight back against crime in British Columbia," Coleman said
to enthusiastic applause.

Stiffer penalties will hurt the marijuana trade in B.C. because it
will create more parity with the American system, according to
Coleman, who pointed out a first-time offender in Washington State
gets an automatic jail sentence. In comparison, 82 per cent of people
charged with marijuana growing operations in B.C. do no jail time.

Meanwhile, Coleman said tougher penalties for impaired drivers who
receive a 24-hour roadside suspension are being considered by the
provincial government.

However, he denied an online report that the province is planning to
decriminalize impaired driving, as proposed by law-enforcement
officials in a discussion paper.

"Our justice partners had some interest in us putting it in there for
discussion, but our input tells us we won't do that," he said. "It's
out there for discussion only."

Coleman said the majority of people involved in the discussion support
tougher penalties for people who drink and drive.
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MAP posted-by: Larry Seguin