How illegal, exactly, is it to possess or cultivate weed in British Columbia? It’s simple to find real examples of what happens just by looking on the web. Below I have some actual examples of sentences.
North Vancouver Court. June 2011 Charges: Possession of Marijuana. The grower was caught by police and charged. The defense lawyer argued that it was not in the public interest to send the grower to jail. The court agreed, and sent him to an alternative program. He received the conditional sentence and completed the course. He did not get a criminal record.
Provincial Court, Nanaimo. Spring 2011. Offense: Possession for the Purposes of Trafficking and Cultivation of Marijuana. The police caught the grower and seized $2000 dollars, alleging it was proceeds of crime. The defense lawyer successfully argued the opposite and convinced the court to return the funds to the defendant.
Nanaimo Provincial Court. February 2011. Charge: Cultivation and possession of more than three kilos of pot. The Crown wanted to prove that the grower was producing approximately 200 plants. The defense lawyer persuaded Crown Counsel to proceed on a charge of less than 3 kilograms. He then got the court to impose a 9 month conditional sentence and denied the Crown request that the grower be prohibited from possessing hydroponic growing equipment.
Vancouver Court. Fall 2010. Offense: Production of Marijuana; Possession of Marijuana. The issue was whether the search warrant used by police was valid and legal. This was a 250 plant grow show. The Crown tried to argue that the grower knew about and was in control of the grow op. The defense lawyer convinced them to drop the charges. The grower didn’t get a record.
Abbottsford. Fall 2010. Offense: Cultivation and production of Cannabis. The police busted a grow op with more than 1000 plants. The lawyer negotiated it down to possession of 63 clones. There were lengthy negotiations with the crown, but in the end the grower got a conditional sentence for less than three kilos. He got no jail time.
Williams Lake BC. Mid- 2010. Offense: Production of marijuana and possession for the purposes of trafficking. The police busted a 5000+ plant operation. The crown wanted a two year sentence. The grower had confessed. The defense lawyer argued that his rights had been breached in obtaining the confession. He turned this into a plea bargain. The grower got a 12 month conditional sentence. No house arrest. No electronic monitoring. No probation.
A review of these charges and the results are educational. The punishment handed out was very lenient. Some growers escaped without any criminal record. It’s pretty clear that BC is soft on marijuana production and possession.
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