Pubdate: Sat, 31 Aug 2013
Source: Guelph Mercury (CN ON)
Copyright: 2013 Metroland Media Group Ltd.
Contact:  http://www.guelphmercury.com/
Details: http://www.mapinc.org/media/1418

MEDICAL MARIJUANA CASE ADJOURNED FOR A SECOND TIME

GUELPH - Medical marijuana grower and seller Maxim Popovitch had his 
sentencing adjourned for a second time Friday when Guelph Superior 
Court Justice Bruce Durno said it remained unclear to him how 
profitable the business was and what the Orangeville man's motivation was.

"Clearly, there was some profit," Durno reminded federal prosecutor 
David Doney and defence attorney Ron Marzel.

He adjourned the matter to 2:30 p.m., Sept. 16 for further submissions.

The sentencing was originally postponed in late July when he voiced 
similar concerns on what Popovitch's driving force was. The judge 
remained dissatisfied Friday.

During a traffic stop in September, 2011, Wellington OPP discovered 
two dozen packages of pot comprising 6.4 kilograms, with a street 
value of $125,000 in his possession, as well as $64,000 in cash. He 
was also self-medicating following a brain operation in 2004.

His defence argued in earlier court proceedings he was supplying two 
medical marijuana compassion clubs and several individuals.

Marzel on Friday told Durno that Popovitch's business was 
unprofitable for the year before fall, 2011, when his operation was 
finally in the black.

But Durno said Popovitch was poised to grow larger amounts, so his 
profit may have been about to rise.

Marzel responded that Popovitch was also spending more money on 
equipment, and reiterated the defence's position that the man's 
primary motive was to grow pot for people suffering medical ailments. 
He suggested, by way of comparison, that people doing good work, like 
staff at charitable organization, should be entitled to some compensation.

Durno questioned how much Popovitch was selling to the compassion 
clubs and how much went to other customers, asking Marzel to return 
on the next court date with a better indication.

Doney told Durno Popovitch was an entrepreneur running a business, 
and one "of reasonable size."

He pointed to the amount of cash the man had on his arrest as a 
telling indicator of this.
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MAP posted-by: Jay Bergstrom