Pubdate: Sun, 2 Mar 2008
Source: Naples Daily News (FL)
Copyright: 2008 Naples Daily News.
Contact:  http://www.naplesnews.com/
Details: http://www.mapinc.org/media/284
Author: Kathleen Cullinan
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

MARIJUANA GROWERS COULD FACE STIFFER PENALTIES

Lehigh Acres residents can be excused for wondering if  there's some
kind of natural mystic in the air.

The sprawling, unincorporated home to some 70,000  residents due east
of the Interstate in Lee County has  recently been the site of a
string of marijuana  growhouse busts. But it's not alone: authorities
say  they're seeing houses converted into pot gardens from  Golden
Gate Estates to Cape Coral. In the first two  months of this year, Lee
and Collier deputies busted  about a half-dozen operations each.

One legislator wants to add a bit more meat to the  criminal charges
growhouse operators face.

Rep. Nick Thompson, R-Fort Myers, hopes to usher  through Tallahassee
this spring a bill that would make  it felony to own a home that you
know is used to grow  marijuana or manufacture other illegal drugs.
It's  already a crime to rent a place for trafficking or  selling drugs.

Having 100 or more marijuana plants is also already a  crime that
comes with harsher sentences at the federal  level. Thompson says
authorities are increasingly  finding crops with just under 100
plants, so the  operators can duck that charge. His bill would make
just 25 proof of the intention to sell or deal the  drug.

Also, letting young children near drugs or  manufacturing would be a
separate crime under House  Bill 173.

Not surprisingly, Thompson's proposals appear to have  the support
from area law enforcement.

"Anything to enhance or increase the penalties for it,"  said Lt.
Nelson Shadrick, of the Vice and Narcotics  Bureau at the Collier
County Sheriff's Office. "I don't  think it's going to stop it, but
it'll at least give us  a little more bite."

Lee County Sheriff Mike Scott has also come out in  favor of the bill.
He particularly approves of lowering  the plant limit.

"Our criminal justice system is not convincing people  that crime does
not pay. Crime does pay" given the  lucrative drug market and the
sentences criminals are  likely to face, he said. "Nobody's scared of
the  system."

But local criminal defense attorney Joseph Viacava  questioned whether
more laws are needed to combat the  problem.

The authorities can already charge someone who  knowingly rents a
growhouse, he pointed out. They can  already charge suspects with
child neglect or something  similar if kids are found near the drugs.
Thompson's  bill would only specify those crimes, he said aE" and
prosecutors would still have to find a way of proving  the homeowner
really knew the place was a pot garden.

"Just ensnare more people," Viacava said, when asked  what he thought
was the purpose of the bill. "I think  enforcement is quite enough.
Just enforce the laws that  are already on the books."

Fort Myers-based attorney John Mills said he thinks the  bill is an
answer to illegal activity that has, with  the downturn in the real
estate market and the ready  availability of cheap homes, invaded even
upscale,  traditionally crime-free residential neighborhoods.

Enforcement of drug laws is an ever-present challenge  for cops, Mills
said.

"I think the Legislature is trying to up the ante" in  the courtrooms,
he said.

Thompson said the bill is moving along at a steady clip  and he's
optimistic it'll gain the support it needs to  pass.
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MAP posted-by: Richard Lake