Pubdate: Tue, 09 Sep 2014
Source: Alberni Valley Times (CN BC)
Copyright: 2014 Glacier Community Media
Contact:  http://www.avtimes.net/
Details: http://www.mapinc.org/media/4043
Author: Martin Wissmath
Page: A1

ALBERNI POT GROWER SEEKS CLEMENCY

Man Pleads Guilty to Growing Marijuana, but Says His Health Canada 
Licence Was Up for Renewal

A Port Alberni man plead guilty Monday to illegally growing marijuana 
in his home, but says he's hoping for a lenient sentence because his 
legal licence to grow the substance was up for renewal at the time.

"I'm not a drug dealer," Randall Fox told the Alberni Valley Times 
Monday after entering guilty pleas on three charges in Port Alberni 
Supreme Court.

"I don't think I should be punished as hard... because Health Canada 
dropped the ball."

Fox pleaded guilty to production of a controlled substance, 
possession of a controlled substance for the purpose of trafficking, 
and possession of a firearm while under a prohibition order.

Fox is in his early 40s, lives in Port Alberni and works in Fort 
McMurray, Alta., as a welder. He hopes to keep his job there and he 
pleaded guilty to avoid a lengthy jail sentence, he said.

His girlfriend, Casey Biggins, was also charged with drug 
trafficking, and Fox's guilty pleas were entered as part of an 
agreement for the Crown to drop the charges against her.

Federal Crown prosecutor Chris Gibson read out the case against Fox 
before Mr. Justice Frank W. Cole.

Fox, who is representing himself in court, did not dispute the 
details of the two drug-related charges.

Port Alberni RCMP arrested Fox and Biggins on Jan. 18 and executed a 
search warrant on Fox's residence in the 3700 block of 14th Avenue. 
Police found 51 bud-producing marijuana plants in a detached garage, 
and 69 other plants growing in a ground-floor room. A bag of 66 grams 
of marijuana was also found among other items for growing and storing 
the substance for distribution.

In one of the upstairs bedrooms, police found a Remington shotgun, 
which was trigger-locked but not stored in a safe. Fox was under a 
court order not to own firearms and subsequently charged. Police also 
seized a case full of knives and a throwing star. No ammunition for 
the shotgun was found.

The weapons prohibition charge was a result of a 
10-year-court-ordered ban on owning firearms Fox received as a result 
of a break-and-enter conviction in 2007. Fox told Justice Cole he was 
confused at the time and thought the prohibition was for five years.

Fox said his growing operation was from a legal licence to produce 
marijuana for medical users. He added that his three-year Health 
Canada licence was up for renewal when he was arrested.

"They [Health Canada] don't tell the police that," said Fox, adding 
he was shocked when the RCMP showed up with a warrant at his front door.

During their search of Fox's home, Mounties found a personal use 
production licence belonging to another man known to him, a 
Parksville resident, with authorization to grow up to 49 plants.

Fox added that he couldn't afford a defence lawyer, noting two 
lawyers he contacted wanted $50,000 for the case. His sentencing is 
set for Thursday at 9 a.m. in Port Alberni Supreme Court.

Health Canada changed regulations for medical marijuana this year. As 
of April 1, licensed distributors are no longer permitted to grow 
product in their residence.

A new commercial licensing system is in place for producers.
- ---
MAP posted-by: Jay Bergstrom