COMPASSIONATE MARIJUANA GROWER WINS LIGHTER SENTENCE

Appeal court accepts defence argument that he was not motivated by profit.

A marijuana grower motivated by compassion - not profit - need not pay a
$3,000 fine nor serve a year's probation, the B.C. Court of Appeal has decided.

The Sunshine Coast's Bill Small, 40, was unduly punished by a provincial
judge, who placed too much emphasis on his potential for large profits, the
B.C. Appeal Court decided.

Small's lawyer John Conroy had argued that since his client was growing for
the Compassion Club, which provides marijuana to meet the needs of people
with cancer, multiple sclerosis and AIDS the sentencing judge had "failed
to place sufficient emphasis on the appellant's compassionate motives."

B.C. Appeal Court Justice Mary Newbury found "the sentencing judge gave
undue weight to the potential for profit that Mr. Small stood to make from
his enterprise." Her written decision was endorsed by Justices Carol
Huddart and Richard Low.

Instead of a fine and probation, Small received a one-year conditional
discharge, which means he will not have a criminal record.

The provincial court judte who originally sentenced Small noted his
"laudable motivation," then went on to include in his reasons for
sentencing that: "While there is no indication of it in this particular
case, marijuana grow operations can attract organized crime and often lead
to damage to houses which the owners believe to be legally occupied."

Small was selling his marijuana for a fraction of the price it could have
netted on the street.

And, rather than sell the 31.75 pounds confiscated by the police for the
$100,000 it could have brought selling it in one-pound packages, Small was
selling to the Compassion Club for $1,500 a pound, making the confiscated
marijuana worth about $48,000.