Pubdate: Tue, 29 Aug 2006
Source: Comox Valley Echo (CN BC)
Copyright: 2006 Comox Valley Echo
Contact:  http://www.canada.com/vancouverisland/comoxvalleyecho/index.html
Details: http://www.mapinc.org/media/785
Author: Marcel Tetrault, Comox Valley Echo
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

POT GROWING?: JUST ANOTHER BUSINESS

While Comox Valley RCMP take to the skies in an attempt to eradicate
outdoor marijuana production those responsible for the plantings may
need only fear a fine if a recent judgement in Courtenay provincial
court is any indication.

A 41-year-old man who pled guilty to production of marijuana estimated
to be worth between $480,000 and $700,000 was sentenced to a $20,000
fine by Judge B. Sanderson in Courtenay provincial court earlier this
month.

The crown had been seeking a 12-month prison sentence but Sanderson
said in the judgement that prison sentences have failed to stem the
production and use of illegal substances and that a monetary fine is
more appropriate.

In the decision, Sanderson refers to a 2001 book authored by Judge
James Gray of the California Superior Court, citing from the book "we
conclude with alarm that the war on drugs now causes more harm than
the drug abuse itself."

Judge Sanderson goes on to say that "Judge Gray's book should be
required reading for every Member of Parliament in Canada."

The judge was not persuaded by a Comox Valley RCMP report titled
Marihuana (sic) Production Impact Statement, Comox Valley, 2006, that
characterized the negative impact of marijuana production--such as
organized crime, potential house fires and increased policing costs.

"While the point of [the] paper is to show negative aspects of the
producation and therefore sale of marihuana ... he confirms what is
widely known, that the marihuana production industry, like any other
business, caters to market demand and is all about profit," said
Sanderson in the reasons for judgement.

"There will be no victim fine surcharge as this is a victimless
crime," concluded Sanderson.

RCMP would not comment on the specific case but Staff Sgt. John Ward,
the senior spokesperson for the B.C. RCMP, said that marijuana grow
operations should receive "aggressive" sentences.

"Marijuana grow ops are directly linked to funding organized crime and
the only way that we're going to deal with organized crime is through
very aggressive law enforcement and aggressive sentencing," said Ward. 
- ---
MAP posted-by: Steve Heath