Pubdate: Fri, 01 Feb 2008 Source: Penticton Western (CN BC) Copyright: 2008 Penticton Western Contact: http://www.pentictonwesternnews.com/ Details: http://www.mapinc.org/media/1310 Author: Tracy Clark Bookmark: http://www.mapinc.org/mjcn.htm (Marijuana - Canada) BYLAW BOOSTS POLICE ARSENAL Several firearms, numerous plants and more than $50,000 of cultivated marijuana were among the items seized during two marijuana grow-operation busts in South Okanagan homes. Three people are on bail facing a host of charges following the searches by Oliver/Osoyoos RCMP on Jan. 18 and Jan. 23 inside and out of town boundaries. The first search was conducted at 336 Avenue and 121 Street south of the town, where police confiscated 20 pounds of cultivated marijuana, growing equipment, cash and firearms. A 31-year-old Oliver man is facing charges of production of marijuana, two counts of careless storage of a firearm and possession of marijuana for the purpose of trafficking. The investigation led police to search another home in the Fairview/White Lake Road area where they said evidence indicated another grow-op had previously been set up. Sgt. Kevin Schur said modified electrical wiring and water systems at both homes were cut off by RCMP for safety reasons. Before the electricity can be restored, the homes will be required to undergo an electrical inspection. The second grow-operation bust, however, has been subject to more enforcement. The two occupants of the 364 Avenue and 77th Street property in Oliver are both facing criminal charges and the homeowner was issued tickets under the town's controlled substances bylaw. Police uncovered 65 young marijuana plants and two firearms at home, where they arrested a 27-year-old woman and 32-year-old man. They are facing charges of cultivation of marijuana, possession of marijuana for the purpose of trafficking, two counts of unauthorized possession of a firearm and unsafe storage of a firearm. In addition, the homeowners have been issued three tickets under the town bylaw, including a $1,000 fine for altering the home for a grow-operation and a $500 fine each for diverting exhaust fans and obstructing an exit. This is the first time the bylaw has been put into use since it was adopted by the town and Schur said RCMP support the intent of the bylaw. "It addresses the health and safety of anyone associated with the property," he said, pointing out that this can include the property owner, future tenants or residents and neighbours. "It's a terrible health hazard to have a grow-op that has been there for any amount of time." Under the bylaw, once the grow-operation has been dismantled, the town conducts an inspection of the home looking for potential health or safety hazards. This includes hazards from modified or bypassed electrical and water systems, mould from the humidity of the grow-op and other chemical dangers. If the house is deemed hazardous under Health Canada regulations, it can be condemned. Once condemned, the owner would be required to pay for cleaning and disinfecting of the home to bring it to federal standards before it would be habitable again. In this case, however, an inspection did not result in a need to condemn the home. But Schur said the other fines that it was subjected to will ensure that any future owners of the home are made aware of the home's use as a grow-operation. Such protection is not in place in the Regional District of Okanagan Similkameen, where the Jan. 18 grow-op was located. If such a bylaw was in place there, Schur said the rural Oliver home may have been deemed as uninhabitable. "It was obviously a more substantial grow-operation," said Schur, pointing out that the entire rental property had been used for growing marijuana. "I really think in that case the municipal powers, being the regional district, would have definitely considered condemning that house." Without such a bylaw in place, the only actions that can be taken include criminal charges and the electrical inspection required before Fortis will restore the electricity. Under the Community Charter, regional districts do not have the authority to enact controlled substances remediation bylaws. But the RDOS has recently passed a motion to lobby the provincial government to change the rules. Once the RDOS has a bylaw in place, Schur said it will be another deterrent for would-be pot growers. "It's not going to be a good place to grow marijuana," he said. - --- MAP posted-by: Richard Lake