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News (Media Awareness Project) - CN BC: Personal Grow-Op Raided In Hope
Title:CN BC: Personal Grow-Op Raided In Hope
Published On:2001-07-31
Source:Chilliwack Progress (CN BC)
Fetched On:2008-01-25 12:14:58
PERSONAL GROW-OP RAIDED IN HOPE

Police raided a small, personal marijuana grow operation last week in Hope
belonging to Holy Smoke Healing Centre founder, Brian Carlisle.

The seizure was conducted just a few days before the federal government
moved to create a new regulatory approach to accessing medical marijuana.

"There were a number of marijuana plants seized last Thursday night,"
confirms Hope RCMP Staff Sgt. Jim Delnea.

Three large plants and three small starter plants were seized from a small
shed on a residential property.

Mr. Carlisle, 31, says he has never been charged with any marijuana-related
offenses in the past.

He suffers from severe chronic pain and glaucoma since 1994 and is under
the care of a doctor who has applied to Health Canada on his behalf to
obtain a licence to grow and possess medical marijuana. The Holy Smoke
Healing Centre is a non-profit society that operates like the
Vancouver-area compassion clubs for medical marijuana.

"The authorities have mostly left me and my medication alone, until now,"
Mr. Carlisle says. "But Thursday night, the Hope RCMP raided my medical
grow op, seized my plants, took me to jail and have charged me with
cultivation. My doctor has made several attempts to rectify the situation
with police since then, but they will not return my meds."

Police say they were initially called to the Hope location, which is not
Mr. Carlisle's residence, on another matter altogether.

"We were called there as a result of a disturbance. Officers developed
grounds to believe there was a grow operation at the residence. A search
was conducted and the grow operation was located," says Staff Sgt. Delnea.
"My understanding is that a charge of cultivation is being forwarded and
recommended to Crown Counsel. They'll review the evidence and decide on
charges."

Mr. Carlisle has since been at the RCMP detachment requesting the return of
the pot plants.

"That request has been denied and will be handled through the courts," says
Staff Sgt. Delnea. "It is not an issue until he has a specific document
that would permit him to possess or cultivate."

Mr. Carlisle says he's been reassured that the Health Canada identification
cards are going to be sent out this week.

The new medical marijuana regulations came into effect on July 30. Anywhere
from 1,000 to 70,000 people may be receiving these medical marijuana access
cards in the near future, according to government estimates, he says.

"I've done everything to resolve this matter out of the courts and to save
the taxpayers some money. But the police and Crown have been unmoveable on
this," he offers.

An invitation was extended to Mr. Carlisle to produce such documents that
would allow legal possession and/or cultivation of pot.

"He has so far been unable to do so. In the absence of anything to indicate
legal possession, he falls subject to the federal Controlled Drug and
Substance Act," says the police official. "Prescription from a doctor does
not give anyone legal authority to possess the drug. If legitimate
documentation was produced, we would certainly look at that in conjunction
with Crown Counsel."

Mr. Carlisle is trying to meet with federal Crown prosecutors again.

"I've e-mailed and called Allan Rock, minister of health, requesting that
he expedite my licence or at least call the Crown to inform them that it
has been approved," he says. "The officers who arrested me were perhaps
unaware that the new regulations were coming into effect."

On Monday afternoon, Hope RCMP officials confirmed they received the news.

"I've just received an operational bulletin saying the marijuana medical
access regulations have come into force. Applications can now be made to
the Minister of Health to obtain authorization to possess marijuana, or a
licence to produce it, where there is a medical need. That is in effect as
of today (Monday) but there is no grandfather clause that I'm aware," adds
Staff Sgt. Delnea.
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