BIG PROFITS. LOW RISK. SWEET PROFITS

Dressed in Kevlar vests and blue jackets with POLICE emblazoned across the
front and back in large, white letters, members of WVPD's "Target Team"
entered a home in the 1100-block of Fulton Avenue to bust yet another
marijuana grow operation.

It was the fourth grow-op police had shut down within a two-week period
this April, with a combined value of the 1,331 marijuana plants of about
$892,000.

With a controlled drugs and substances act warrant, the six-member
undercover unit - flanked by an "Arrest Team" of four uniformed officers -
apprehended a 28-year-old male who had been renting the house.

Police had received information about a possible marijuana growing
operation at the home, and after entering the residence seized 430
marijuana plants valued at $332,000 and approximately $10,000 in growing
equipment.

"We realize that there are more out there and we're not getting them all,
but people are being more diligent in reporting suspicious activities so we
feel we are getting a handle on the problem," said West Vancouver Police
Sgt. Bob Fontaine.

Fontaine said the number of grow-op busts is down this year - six, as
opposed to the 25 in the same period in 2000.

"I think people are starting to realize that we take it seriously in West
Van and that they shouldn't be coming over here to grow because we will put
all our available resources into it," he said.

"We take a different stand than some of the other municipalities and
cities. We really work on finding people in the grow op and charging them.
Whereas others will go in and dismantle and they don't even bother with the
follow-up and charges," he said.

Charges of possession of a controlled substance for the purpose of
trafficking and production of a controlled substance were recommended for
the 28-year-old male renting the house on Fulton, but it's unlikely he'll
face jail time.

Although the WVPD appears to be winning the war on drugs, the criminals
rarely find themselves planted in jail.

In 2000, the WVPD busted 28 marijuana grow operations. To date, five of the
cases have been dealt with by the courts. Here's what three growers received.

Three sentences

Case 1: A 28-year-old North Shore resident renting a house in the 600-block
of Stevens Drive in the BP's. He was brought to the attention of police by
an anonymous Crimestoppers tip.

Police seized seven monster plants and 11 plants in the garage at the
residence. The monster plants produced approximately two pounds of
marijuana (14 pounds) worth between $2,800 and $3,200 (Cdn) per pound,
making the street value approximately $42,000. According to Fontaine, if
the bud made it across the border it would fetch close to US$3,000 a pound.

During sentencing, he received a $3,000 fine, was prohibited from owning a
firearm for 10 years, required to pay $1,663 for theft of service (Hydro)
and a victim surcharge fine of $450.

Case 2: A 30-year-old North Van resident who was renting a home in the
600-block of Kenwood in the British Properties.

The house was on a large property surrounded by 20-foot hedges. Police were
alerted to the grow-op by BC Hydro after noticing high readings at the
dwelling. With this, police were able to obtain a general warrant to go on
the grounds to smell for marijuana. Once they smelled the pot they obtained
a warrant to enter the home.

Officers discovered 78 plants growing in three rooms of the house. In
total, the plants would yield 20 pounds of bud at $3,000 per pound for a
total value of $60,000. And that's just a single harvest.

Fontaine said marijuana plants are ready for harvest approximately every
three to four months, which translates into three to four grows per year.
This grower stood to make $240,000 in a single year.

After pleading guilty, he received a conditional sentence and was required
to serve jail time at his home for 12 months (from 11 p.m. to 6 a.m). He
was also required to perform 100 hours of community work, pay restitution
to the homeowner in the amount of $3,113, and a victim surcharge of $200.

Case 3: A 28-year-old male renting a home in the 500-block of Ballantree in
the British Properties. Police were alerted to the grow-op after receiving
a vicious dog complaint. When the officer arrived, the smell of marijuana
was apparent.

According to Fontaine, two other calling cards of growers: "They drive SUVs
and often have large dogs," he said.

Unfortunately for the homeowner, it was the second time the house had been
used as a grow-op. When police arrived at the house the extreme humidity on
the inside had caused the outdoor paint to bubble. Police discovered 91
plants inside.

After pleading guilty, the grower received a $5,000 fine, nine months
probation and $100 victim surcharge and is prohibited from owning a firearm
for 10 years.

Soft sentences?

Federal Crown lawyer Jay Straith has prosecuted a litany of grow-op cases.

In the past couple of years, the longest sentence he's witnessed handed
down was one year. "But I think that got overturned on appeal," he explained.

Straith says there's been a slight shift in the way the courts are dealing
with growers.

"There were a couple of decisions last summer that tended to indicate that
the Supreme Court of Appeal was prepared to crack down on these."

However, "more recent decisions indicate that the Court of Appeal's view is
that we can't put an undue amount of stress on deterrents and that
conditional sentences - and long conditional sentences - are still
appropriate."

By that he means growers will be punished but won't be put in jail.

"The courts are really taking a position that we're going to deter them by
way of a sentence ... but we're not going to fill the jails with these people."

Still, Straith contends that conditional sentences, given the right
circumstances, can be efficient deterrents. And given the right conditions,
they can work.

"If they violate any of the conditions they can go to jail for the balance
of the sentence," he said. "A conditional sentence in this type of matter
usually means you are under a strict curfew for a year, you can only go out
to buy food for yourself once a week, and other than that you sit at home
and watch your own TV and eat your own food."

And while small grow operators (five to 20 plants) usually just receive
fines, he says big operations are typically getting conditional sentences.
Repeat offenders, people with prior records, people that are keeping
firearms with their grow op face a more realistic possibility of serving
time in jail.

Even so, B.C. has a reputation for leniency towards pot growers.

"The Crown has got cases before the court where people will literally have
come out from Alberta - where they've done time for drugs - to B.C. because
they felt they wouldn't get punished as severely here," Straith said.

The cost involved

Sgt. Fontaine has worked surveillance on grow operations for three years,
so he knows about the manpower required to shut down a grow op.

"Because we have to surveil the residence, we have to get our grounds, it's
very time consuming. Dismantling and then court, and everything that goes
with the marijuana grow operation - it's very time consuming and ties up a
lot of manpower," he explained.

Consider the team required to shut down a single grow op: an ID section;
electrical inspector for the municipality to make sure the site is safe; a
member from BC Gas; a member from BC Hydro; exhibits officer who goes
through the house documenting the grow-op (for instance when the timers are
set for growing); a search master responsible for the operational plan; two
to four-officer arrest team; six officers to dismantle the grow operation
and take the equipment away (this could be a five-ton truckload).

According to Fontaine, it's routine to have 10 officers at a bust,
including a K-9 unit. Generally speaking, it takes four to six hours to
clear the home out.

"I think the growers are worrying about the amount of work we put into it,"
he said.

A good place to grow pot

Last year, 40 per cent of the grow-ops busted in West Van were in the
British Properties.

According to Fontaine, the upscale neighborhood is a popular place to rent
a home to start a marijuana grow operation for several reasons. Homes are
large and usually surround by large pieces of property, giving the
occupants privacy. Also, many of the homes are owned by offshore landlords
who won't drop by for a surprise visit.

"They are an ideal set-up for grow operations," agreed WV Const. Scott
Findlay. He said the cost renting in the BP's ($1,500 to $2,000 per month)
is nothing compared to the rewards of a bountiful harvest. "Rent is not an
issue," he said.

In May 2000, the WVPD implemented the Rental Watch Program to reduce
marijuana growing operations and other criminal activities from occurring
in rental properties.

The program gives property managers, realtors, property owners, neighbours
and landlords applicant screening techniques and a "Dear Neighbor" letter
to give to neighbours of the rental property with a phone number to contact
if they notice anything suspicious going on at the property.

Most importantly, potential renters are advised that the property is
registered with the WVPD's Rental Watch program.

Here's what to look for: The neighbours are seen very rarely; they keep odd
hours, and say they are self-employed; some only appear to visit the
property daily; the vehicles they drive don't match the home; homes don't
appear that lived in; they may have guard dogs; and a a strange odour
(sweet, skunky smell) persists near the house.

Home alone

Growers rent homes for one reason: They don't want to own assets that could
be seized under the Federal Proceeds of Crime law.

Likewise, they rent because grow operations can greatly damage a house. The
walls are lined with white plastic or aluminum foil to reflect light from
1,000 watt light bulbs, which creates moisture in the home that can destroy
drywall and more.

According to Straith, it is usually the homeowner that stands to lose the most.

"We've been successful in getting restitution orders in a number of these
cases. The problem is will the restitution be paid or will the person end
up doing more jail time," he said. "I've got some cases where people have
had more than 100,000 worth of damage to their property."

Straith said that when these types of aggravating circumstances occur
(like, for example, when growers do extensive damage to someone else's
property), the Crown's position is to seek real jail time.