B.C. JAILS ONE IN 7 POT GROWERS; VANCOUVER JAILS ONLY ONE IN 13

Lax Sentences Attract U.S. Growers, Says Drug Inspector

Fewer than one in seven people convicted of growing marijuana in B.C. over
the past two years was sentenced to any time in jail, according to court
statistics provided to The Vancouver Sun.

And growers were even less likely to face jail time in Vancouver -- where
fewer than one in 13 received a jail sentence.

Indeed, the majority of marijuana growers in B.C. -- 59 per cent --
received neither jail time nor a fine. Instead, they received only
probation or a conditional sentence to be served at home.

In Vancouver, 83 per cent of growers received neither jail time nor a fine.

The maximum penalty for growing marijuana is seven years in prison. There
is no minimum sentence.

B.C. Solicitor-General Rich Coleman said he is disappointed the courts
aren't handing down harsher sentences to marijuana growers.

"I think we have to recognize that the courts, though independent, have to
be reflective of the needs of the communities they serve," said Coleman. "I
think it's time that they recognize that the whole business of marijuana
growing, tied into organized crime, is a serious pressure on our communities."

Carol Baird Ellan, chief judge of the B.C. provincial court, was not
available Monday to comment on the sentencing statistics.

Bob Prior, director of federal prosecutions for Vancouver, also was not
available for comment.

Inspector Paul Nadeau, head of the RCMP's Coordinated Marijuana Enforcement
Team, said drug investigators are upset with sentences handed out by the
courts.

"It's very, very frustrating for the investigators when they hear numbers
like this," he said. "It's quite clear when you look at sentences like
that, there's very little risk and the money that can be made is a very
high reward. It's not a surprise that people get into it."

Nadeau said he believes growers are increasingly moving to B.C. from other
provinces and U.S. states where sentences are harsher.

"The low sentences are attracting people to this criminal activity," he
said. "If the sentencing is not part of the solution, it becomes part of
the problem."

The statistics -- which cover 1,717 marijuana convictions in B.C. from
April 1, 2002, to March 31, 2004 -- were provided by the provincial
government's court services department in response to a request from The Sun.

In gathering the data, the government only extracted the most serious
penalty for each offence.

So, for example, someone who received both jail time and a fine would be
recorded as receiving a jail sentence but not a fine.

The statistics suggest that, despite growing public anger over grow-ops and
increased police resources devoted to the problem, B.C.'s courts are even
more lenient with growers than they were in the late-1990s.

In 1999, The Sun conducted its own review of grow-op offences dating back
to 1996.

That review, which only covered cases in Vancouver provincial court, found
that only one in five -- or 21 per cent -- of marijuana growers received a
jail sentence.

But that is still higher than the eight per cent of convictions that
resulted in jail over the past two years.

And a similar trend exists province-wide.

In 2001, the University College of the Fraser Valley published a study that
looked at marijuana-growing convictions across B.C. from 1997 to 2000.

That study found that 18 per cent of convictions resulted in jail time --
higher than the 14 per cent who got jail over the past two years.

"I think there's a certain amount of desensitization that's taken place in
the courts," said Nadeau. "I think [marijuana growers] roll in and out and
the judges just go, 'Another one, another one, next, next."

The number of grow-op busts in B.C. has increased exponentially in recent
years, from a few hundred annually in the 1990s to an average of about
1,500 a year now, said Nadeau.

And he said that reflects only a third of the roughly 4,500 growing
operations the public reports to the police each year.

Coleman said he thinks police and prosecutors have to do a better job of
letting judges know the impact growing operations have on the community.

"You can't always just blame the courts," he said. "The challenge is: Are
prosecutors bringing in [information on an offender's] previous
convictions? Are they letting the judicial system understand the pressures
on the communities? ... I think a large part of it is the federal
prosecution side hasn't got the message yet."

Nadeau said his unit, which has been in operation since last summer, has
sent a draft "community impact assessment" to every RCMP detachment in the
province that it hopes will be presented to judges during sentencing.

The four-page letter outlines the involvement of organized crime in
marijuana, the risk of house fires in grow-ops, and the recent increase in
violent "grow rips" in which thieves break in to suspected grow-ops to
steal plants and cash -- sometimes targeting innocent homes by mistake.

Detachments are being asked to customize the letter so that it contains
specific information about the harm grow-ops pose in each community.

Nadeau said the Mounties hope the letter will lead to harsher sentences.

"The idea is to provide judges with specific information ... so they have a
grasp on the magnitude of the problem," he said. "I think judges need to
hear that stuff."

However, Neil Boyd, a professor of criminology at Simon Fraser University,
said he thinks the lenient sentences handed out to marijuana growers
reflect British Columbians' genuine ambivalence about marijuana.

"The sentences reflect the fact that there isn't any consensus in our
society about the harms of cannabis," said Boyd.

"British Columbians don't like some of the things that appear to go on with
the marijuana trade. But they also know, from their own experience, that
this isn't a drug that's up there with crystal meth or cocaine or heroin."

Polls have suggested that while a majority of British Columbians believe
marijuana should be legalized, most also believe penalties for marijuana
growers should be tougher.

"There is something of a disconnect in wanting to have lighter penalties
for possession and tougher penalties for distribution," said Boyd. "[But]
the public isn't concerned about marijuana as much as they are with the
violence that attends the trade."

Other facts revealed by the sentencing statistics include:

- - Of those growers who were sent to jail, the average sentence was 6.0
months for all of B.C. and 4.6 months for Vancouver;

- - Across B.C., 27 per cent of those convicted received a fine and no jail
time, compared to nine per cent in Vancouver;

- - Of those who received a fine, the average fine was $1,809.67 for B.C. and
$2,183.33 for Vancouver.

'Community Impact Statement' Excerpts

The RCMP's Coordinated Marijuana Enforcement Team has sent a draft
"community impact statement" to all its detachments, that can be presented
during the sentencing of marijuana growers. The unit has asked detachments
to update the statement with specific information on the impact of grow
operations in each community. Following are some excerpts from the letter:

Organized Crime And Marijuana Grow Operations

"Intelligence and evidence gathered during police investigations indicate
that organized crime groups control many of the marijuana grow operations
located in the province of British Columbia. The marijuana trade requires
the involvement of a large number of people playing a variety of roles."

Increase In Violent Crime

"In the past few years [name of town] has experienced a significant
increase in violent crime. The city has recently experienced a number of
marijuana grow 'rips.' A 'rip' takes place when individuals forcefully
enter a residence where marijuana is being grown.... Due to the illegality
of growing marijuana the 'rips' often go unreported to the police.... On
occasion, suspects have attended the wrong address and threatened and/or
assaulted innocent citizens."

Use Of Weapons And Booby Traps

"Police are finding that more marijuana growers are arming themselves for
protection from these 'rips' and as such pose an increased risk to the
public and police. RCMP members are finding shotguns, assault rifles and
various other weapons in residences where marijuana grow operations are
present."

Potential House Fires

"The electrical bypasses and unsafe electrical wiring used in marijuana
grow operations are a common cause of house fires. There is an ever present
danger to fire fighters at any structural fire, however, there are
increased risks when attending grow operations because of the unsafe
electrical bypasses, booby traps, entanglement hazards caused by illegal
electrical wiring, confrontations with attack dogs, and an array of toxic
chemicals."

Structural Damage To The Interior

"Marijuana grow operations can cause extensive damage to the interior of
residences. Over time, high humidity inside a marijuana grow operation will
destroy interior drywall and produce mould. Many studies report that moulds
found inside homes where marijuana grow ops are located are extremely toxic."

Harm To The Environment

"Marijuana growers typically discard used chemicals into the community
drainage systems or back yards resulting in environmental damage."