Pubdate: Fri, 06 Mar 2015
Source: Globe and Mail (Canada)
Copyright: 2015 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Mike Hager
Page: S1
Referenced: Affidavit #2 of Shane Holmquist: http://mapinc.org/url/g9fogH5g

MOUNTIES' MEDICAL POT AFFIDAVIT UNFOUNDED, EXPERT SAYS

The RCMP had no data to back up their claims that medical marijuana 
grow operations under Canada's old licensing system were inherently 
dangerous to producers and magnets for violent thieves and organized 
criminals, an expert told the Federal Court Thursday.

RCMP Corporal Shane Holmquist, a supervisor on the Federal Serious 
Organized Crime Section's marijuana enforcement team, made headlines 
last year when he filed his affidavit in this case stating there was 
an "overwhelming temptation" for growers licensed under the old 
federal medical marijuana system to divert extra pot to the black 
market. His affidavit also stated that such producers face risks from 
mould, fire and electrical hazards and also attract organized crime 
groups because, quoting a 2005 RCMP report, "marihuana cultivation 
and trafficking represents the single most common (and most 
lucrative) activity pursued by organized crime."

Concerns about criminal activity formed part of the rationale that 
led Health Canada to overhaul its medical marijuana system last year 
to strictly license only industrial-scale production in secure 
commercial facilities.

Cpl. Holmquist was testifying at a case involving the constitutional 
challenge by four plaintiffs alleging that their Section 7 Charter 
rights were violated when the federal government enacted the new 
system that outlawed their personal grow operations. They say they 
can't afford marijuana under the new system, which also doesn't give 
them control over the specific strains they use. They are asking the 
court to force the government to allow patients to grow their own 
marijuana, which many licensed Canadians kept doing after the Federal 
Court judge granted an injunction to the four plaintiffs in March of 
last year pending the outcome of this legal challenge.

During cross examination Thursday, Cpl. Holmquist said the RCMP had 
no data on how many of the roughly 28,000 people authorized to grow 
their own pot, or have another licensee do it for them, were 
subverting or abusing the old system. He said he had been a part of 
more than 100 investigations into licensed producers, but had not 
collected statistical data on any of them.

John Conroy, lead counsel for the four plaintiffs fighting to keep 
growing their own medical marijuana, said the evidence the RCMP 
relied on was "very thin" and may implicate no more than 300 licensed 
producers that are abusing the system in such ways.

"They've done certainly no social science research, comparative 
analysis, random sampling and so on, as counsel has been 
demonstrating," Mr. Conroy said during the lunch break. "The 
substantial majority of these people, I'm talking 99.9 per cent or 98 
per cent, were doing everything properly and legally.

"I'm not surprised because most people who are trying to do something 
for themselves try to do it right, try to do it properly and not 
cause harm to themselves or anybody else."

A 2009 RCMP review found 40 cases of licence holders selling excess 
marijuana for profit, and Cpl. Holmquist's affidavit stated that 
there were four violent thefts at licensed B.C. producers in 2009 and 
11 the following year.

His affidavit stated that between 2003 and 2013, there were 14 
homicides related to grow-op thefts in B.C.'s Lower Mainland, but 
during cross-examination Cpl. Holmquist said there was no evidence 
that any of those were at licensed production facilities.

Cpl. Holmquist said it is very difficult to know how deeply organized 
criminals have penetrated the medical marijuana production system 
because of the inherent secrecy surrounding most of these groups.

Mr. Conroy said there is no doubt some people hid behind licences to 
abuse the system for profit by selling to the black market and that 
some organized crime groups may have "compromised patients," but the 
vast majority did not abuse the old system.

He said most of the RCMP's concerns around fire and electrical safety 
risks at the licensed grow operations are "greatly exaggerated" and 
remedial actions can be enforced safely by Health Canada.

For example, he said licensees growing in their homes could be forced 
to buy $3,000 "bloom boxes," which encase the crop and protect it 
from fire, electrical safety risks, humidity and odour.

The trial is expected to last into May and next week legal experts on 
medical marijuana reform from the United States, the Netherlands and 
Israel are slated to testify.
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MAP posted-by: Jay Bergstrom