Pubdate: Thu, 03 May 2012
Source: London Free Press (CN ON)
Copyright: 2012 The London Free Press
Contact: http://www.lfpress.com/comment/letters/write/
Website: http://www.lfpress.com/
Details: http://www.mapinc.org/media/243
Author: Jane Sims

MARIJUANA SENTENCE A 'BREAK'

Phillip Silver isn't well.

He's only 35, but he appears to be much older. He's pale. His 
clothing hangs loosely on his gaunt frame.

His brush cut is prematurely salt-and-pepper in colour.

His defence lawyer told Ontario Court Justice Ted McGrath this 
morning that Silver suffers from chronic pain for bowel problems and 
injuries he received when he worked.

And that's why, lawyer Frances Brennan said, Silver was growing about 
30 marijuana plants in the basement of a Country Lane townhouse he 
shares with his brother and mother.

Silver was granted an eight-month conditional sentence, but not 
before McGrath questioned what kind of sentence Silver would face if 
he were charged once new, tougher federal drugs laws are put into effect.

The answer, federal drug prosecutor Laura Tripp said, is that while 
drug traffickers will pay a heavy price in the future, Silver would 
likely still qualify for house arrest because there was no evidence 
of trafficking.

Under the new laws, should an offender be found guilty by way of 
indictment -- allegations encompassing more serious offences -- for 
growing marijuana with the intent to sell it, they would be jailed 
six months for having six to 200 plants, or 18 months for 201 to 500 plants.

If found to have more than 500 plants, the new law would require at 
least a two-year term.

Silver's plants were discovered by chance. Tripp told McGrath police 
were called to the Country Lane area on July 13 after a report 
Silver's brother left with a gun. The brother was found, but without a firearm.

Police searched two townhouses on Country Lane, including Silver's. 
Inside, they could smell marijuana.

In the basement they found the 25-cm high plants that were under a 
1,000-watt light bulb.

Brennan said Silver was using the marijuana "for medical purposes."

She said he had taken steps to get a license to grow pot legally, but 
wasn't able to complete the application after his physician retired.

He suffers from several chronic medical issues, Brennan said. He is 
applying for a disability pension.

Both Brennan and Tripp said medical marijuana licenses can be for up 
to 72 plants.

McGrath accepted the joint sentencing submission from the Crown and 
defence, but said: "I find the new law and the position taken on old 
cases seems like two different worlds."

Though convinced that Silver is "quite ill", he told Brennan, "I 
think your client is getting a break."

He said he doubted Silver would be able to get a license to grow pot 
with the conviction.
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MAP posted-by: Jay Bergstrom