Pubdate: Fri, 03 Jun 2005
Source: Abbotsford Times (CN BC)
Copyright: 2005 The Abbotsford Times
Contact:  http://www.abbotsfordtimes.com/
Details: http://www.mapinc.org/media/1009
Author: Christina Toth, Staff reporter
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

POT ADVOCATE GETS NO COMPASSION FROM CITY

Marc Boyer, a Marijuana Party candidate, said the City of Abbotsford and 
the Abbotsford police didn't have the right to remove 200 marijuana plants 
from what he says is a legal medical marijuana growing site in Abbotsford.

The Abbotsford police were assisting bylaw officers who followed up on a 
complaint that Boyer said that came from a former police officer who lives 
near the pot operation.

Boyer said he received calls Wednesday from bylaw department head Gord 
Ferguson, who said city workers were preparing to inspect the property.

"To the best of my knowledge they wanted to enter this place looking for 
electrical violations, without a warrant. This has been a medical grow-op 
since last year. They weren't going to give me 48 hours [as required by 
Health Canada]," said Boyer.

He said the police had no warrant and were acting arbitrarily.

"They told the grower, 'If you don't let us take this pot, we'll come back 
with a warrant and take all the equipment, too.' So he let them take the 
pot. They took $20,000 of the crop," said Boyer.

Boyer lives in Vancouver and says he has authorized someone in Abbotsford 
to grow pot for his compassion club, the Therapeutic Herb Coalition, which 
sells marijuana to people who use it medicinally.

Boyer, who has lymphoma and credits marijuana with keeping him healthy, 
also argues that under the Canada Elections Act, growing and selling 
marijuana to raise funds for his party and to raise money for 
tax-deductible donations is legal.

Boyer said he plans to sue Ferguson because Ferguson refused to respond to 
an offer of arbitration.

However, city spokesman Jay Teichroeb said the grow-op was illegal.

"There is such a thing as a medical marijuana registration authorized under 
the Canada Health Act, and he doesn't have one," said Teichroeb. The action 
was part of the city's pilot project for bylaws to work in tandem with 
police to close marijuana grow-ops for safety reasons, he said. Warrants 
aren't necessary for safety inspections.

Following a tip, a bylaw officer went to the site, gave Boyer 48 hours 
notice the city would be returning and then returned with police officers 
to remove the plants, said Teichroeb.

"There was concern about water consumption and the big issue, of course, is 
safety," said Teichroeb.

The landlord will have to bring the house up to code and no one can live 
there until a city occupancy permit has been issued. The homeowner, who was 
not the grower, will also have to pay for inspection fees and other 
city-related charges, said Teichroeb.
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