Pubdate: Wed, 23 Feb 2011
Source: Globe and Mail (Canada)
Copyright: 2011 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Brennan Clarke

POLICE RECOMMEND DRUG TRAFFICKING CHARGES FOR B.C. COMPASSION CLUB
MEMBERS

The RCMP raid -- the third in a decade -- came late Friday afternoon,
but two members of the North Island Compassion Club deny police
allegations that the Courtenay-based marijuana dispensary is a front
for illegal drug dealing.

Bill Myers and Ernie Yacub, the club's long-time manager, were
arrested on the weekend and police have recommended they be charged
with possession for the purpose of trafficking marijuana. Both deny
the allegations, saying the club is strictly for users of medical marijuana.

"There is absolutely no illegal drug dealing going on, none, and I can
verify that," said Mr. Myers, 56. "We dispense medical marijuana to
people who really need it, and both Ernie and I spend enough time with
everybody to know if they're coming in on a straight edge."

RCMP executed a search warrant on the society's Sixth Street
headquarters around 4 p.m. Friday, arresting Mr. Yacub, Mr. Myers and
two other club members who were questioned and released without charges.

Police seized several pounds of dried marijuana, as well as
unspecified quantities of cookies, hashish and cash.

"We recognize there are conflicting views on the medicinal value of
marijuana but it remains illegal to sell in the manner in which they
were conducting business," said Comox Valley RCMP Constable Tammy Douglas.

The investigation was triggered by complaints "from neighbours, from
Crime Stoppers and from the city," Constable Douglas said, noting that
RCMP have raided the club on two previous occasions in its 10-year
history.

In 2006, the club's founder, Edith Noreen Evers, was charged when
police seized and destroyed dozens of pot plants growing on her
acreage in Black Creek, south of Campbell River.

Rather than plead guilty and accept a modest fine as punishment, Ms.
Evers launched a lengthy legal battle and spent five months in custody
before she was sentenced to time served and released last April.

Mr. Yacub, who has managed the club's affairs for seven years, said
relations with the community and the police have been trouble-free
since the arrest of Ms. Evers. The club only distributes marijuana to
people with applicable conditions whose diagnosis has been confirmed
by a doctor, he said.

The North Island Compassion Club has retained Mill Bay lawyer Kirk
Tousaw, who represented two members of the Vancouver Island Compassion
Club after their 2004 arrest for marijuana trafficking.

In 2009, after dragging through the legal system for five years, the
B.C. Supreme Court granted the accused in that case an unconditional
discharge. Mr. Tousaw predicted a similar result for Mr. Yacub and Mr.
Myers.

"There's almost a decade of case law now, all standing for the
proposition that bona fide medical marijuana producers and
distributors ought to be granted full discharge," Mr. Tousaw said.

The North Island Compassion Club's storefront location has been closed
until further notice, but Mr. Yacub said legal troubles or not, he and
other members remain determined to serve the club's clients.

Special to The Globe and Mail
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MAP posted-by: Jo-D