IT TAKES A LOT OF POT TO GET A JAIL SENTENCE

Mother Of Four Gets One-Year Sentence For Operating
Multi-Million-Dollar Weed Farm

Marijuana sentencing is a curious issue in this province and across Canada.

It's rare for even big growers and traffickers to go to jail.

So my interest was recently piqued when I saw a woman headed for the
Big House for a year.

It turned out she was involved in a mammoth operation, allegedly
partly owned by her husband, capable of turning over
multi-million-dollar amounts of pot annually.

Chin Thi Le is a 40-year-old Vietnamese immigrant who arrived in
Canada in 1985. She became a citizen in 1989 and has six children
ranging in age from six to 21 years old.

When her case was heard, Provincial Court Judge Brent Hoy, sitting in
Chilliwack, said it was one of the biggest growing operations he had
ever seen, one of the three largest a police expert had dismantled.

It was set up near a rural community close to Chilliwack called
Columbia Valley, on a secluded 83-acre farm.

Police raided it in January 2003 and found numerous barns and other
outbuildings throughout the property stuffed with pot plants -- more
than 3,300 in various stages of development.

There was evidence of a planned expansion -- 70 new ballasts,
basically switches to control high-intensity lights and electrical
components, 20 of which already had been installed.

There was also spent fertilizer and other materials everywhere.

At trial, an expert witness suggested the operation would generate in
excess of $4 million worth of cannabis a year, although the judge was
skeptical and considered that a high ball-park estimate.

Le was caught with another guerrilla gardener and found guilty of
producing marijuana and possession for the purposes of trafficking.

She has only ever had casual employment and aside from child-care,
housekeeping occupied most of her time.

Still, she is also involved in Vietnamese language studies for the
children and church activities. She is a part of the community.

Her husband is currently building a boat and hopes to have it
finished for the spring fishing season, although the judge described
him as "a principal" in the growing operation who escaped because his
rights were trampled.

Le also had a significant record and had been caught growing before.

She was convicted in 1991 of theft under $400; in 1995 she was
convicted of the unlawful manufacture of tobacco; in 2000 she got a
three-month conditional sentence and nine months probation for producing pot.

Only 13 1/2 months elapsed until she was arrested again on the most
recent charges.

Since her release from five weeks in custody after her arrest almost
three years ago, she has been reporting to her bail supervisor once per week.

Hoy said she has been compliant throughout the terms of her release
and she poses little danger to the public.

Still, Hoy said he couldn't give her a conditional sentence.

"There are however hints that her association with this offence is
more than transitory," he ruled.

"She is the spouse to the co-defendant . . . against whom charges
were earlier dismissed as a result of a s. 8 Charter breach."

More than that, he saw before him a woman who was no naif.

He was concerned with her record.

"Her repetitive criminal conduct for the same type of offence within
such a short period of time demonstrates a complete disregard for her
responsibilities to society . . . Hers is not a benign activity . . .
There must as well be a clear warning to others who undertake such a
venture that such conduct will not be tolerated."

He sentenced her to a year in jail on top of the time she had already
served in custody.

That means she'll be out in a few months.

This is what they call a "mom-and-pop" operation -- $4-million maybe a year.