MEDICAL POT USER FACES CHARGES

A LOCAL man faces two marijuana charges for seizures made before he
obtained a federal licence allowing him to grow and possess the drug.

And Larry Tallon, 55, may face a third charge for a seizure made
after he got the licence.

Tallon has been charged for possession and production for the purpose
of trafficking from a police bust at his residence Sept. 12, 2007,
could be charged after a second police raid March 2008, when he did
have his marijuana licence, depending on what prosecutors decide and
will answer to charges after being stopped in a check stop outside
Prince Rupert in April 2007.

During that check stop on Hwy 16, police allegedly found marijuana
under the driver's and passenger's seats of the car Tallon was
driving and forwarded charges to prosecutors against Tallon and the
woman in the car with him.

Charges have been approved according to an officer in the drug squad
here who was involved in the two police raids at the Tallon house.

Const. Tim Russell said during the second time police went into the
Tallon house, believing that the grow-op activities were continuing
despite the previous bust, Tallon produced a personal-use production
licence for dried marijuana for medical purposes.

It allows him to have 35 plants growing at one time indoors for his
medical needs and to have a maximum of 1,575 grams (about 3.47 pounds
or 55.56 ounces) of dried marijuana on hand that must be stored indoors.

Officers verified the validity of the licence by calling Health
Canada, providing the name or address and when the government agency
provided information to confirm the licence was legitimate, police
left the Tallon residence, Russell said.

Police had a search warrant signed by a judge granting them lawful
entry to go into the Tallon residence, said Russell.

"We weren't acting other than investigators. When we found the
licence, we were bound by the laws in place and that licence dictates
that there was a legal [reason] for them to have marijuana in that
residence and at that point is when we departed," he said.

If the licence says he is allowed to have 35 marijuana plants, then
while police were legally allowed in the residence, they would've
checked to ensure that's the number of plants on hand; any more than
35 would be a breach of the licence, Russell explained.

Tallon said he had another paper from the government that said he was
allowed to carry 210 grams (0.46 lbs or 7.4 ounces) of marijuana with
him in a car or a plane while travelling.

His licence was issued January, 24, 2008 and expires on that date in
2009 and to renew it, Tallon has to submit a renewal application at
least eight weeks before that date.

A certificate of electrical inspection indicated "according to the
Safety Standards Act and Regulations, the electrical wiring has been
inspected...."

The service, main ground, feeders, outlets, main distribution panel
and branch circuits in the grow-op all passed the inspection,
according to the certificate.

Russell said the police were still looking into whether Tallon told
the government he had criminal charges against him when he applied
for the licence.

Tallon said the application form didn't ask about any charges so he
never said anything about it.

Whether charges are approved for the March raid on the Tallon
residence despite the grow licence is not up to police.

"That's totally up to Crown. Obviously we forward our investigation
to Crown counsel and they make the ultimate decision and I'm not sure
where they are on that case or if they'll be asking us to investigate
further with that case," Russell said.