FEDERAL LEGISLATION

New drug law allows seizures of houses

Landlords who rent to dopegrowing tenants stand to take a big loss.

By Kim Westad (TC Staff)

Landlords beware: as of today, the government can seize and sell your
house if it's used in a large marijuanagrowing operation. New federal
drug legislation made law Thursday gives police the power to snatch a
home that is "substantially altered" to grow marijuana.

"Landlords should be extra cautious to whom they rent their properties,"
warned federal prosecutor Brian Jones. How the new law will be applied
is uncertain, though it appears homeowners who know about dopegrowing
will have more to fear, said Jones.

Homes are often revamped in marijuana growing operations so that plants
can flourish. That's done either by the homeowner or more often be
renters who move from place to place, setting up shop. The Crown can
now apply to have the house seized and sold. The proceeds go to the
federal government under the Controlled Drugs and Substances Bill.

While much of the new legislation is similar to the previous Narcotics
Control Act and the Food and Drug Act which it replaces, there are some
changes that are already under fire. Police officers are now allowed
to sell drugs in undercover operations.

"We'll have police officers committing crimes to bust people, all with
the sanction of the state," said Victoria lawyer Clark Purves. "It
makes it difficult to separate the good guys from the bad guys."

Purves also questions police officers actually contributing to any
drug problem by putting narcotics on the street. Sgt. Pat Convey
of the Victoria RCMP drug division said this new power will likely
only be used to get at dealers higher up in the drug chain.

"You're not going to see a police officer walking out there with a
bag of dope under his arm and trying to sell it." Toronto
criminologist Pat Erickson said the expanded power makes police
"pushers." "Instead of learning from U.S. mistakes, we seem to be
following them," said Erickson, noting a Florida case where the police
cooked up crack cocaine in police labs to sell on the streets. "Is
that how we want out tax dollars spent?"

She said the government missed a chance to make positive changes to
drug laws, and instead created archaic legislation emphasizing jail
over rehabilitation, something the U.S. has done with dismal results.

"Research shows that the addicted offender would be better served by
treatment than incarceration." A new charge has been created for
people convicted of possessing 30 grams or less of pot and one gram
or less of hashish.

It's been made a summary conviction, so no fingerprints are taken.
That means no tracable record appears in national criminal records
or data bases, and will not be in the police data banks for criminal
record checks.

War on Drugs

The law has caught up with "designer drugs", restricting chemicals
used to create such substances as methamphetamine. Many of these
chemicals have legitimate uses, but are a key component in street
drugs.

Trafficking in three kilograms or less of marijuana or hashish
is a new separate offence. You can be jailed up to five years
less a day. While the old law allowed for up to life in prison,
in practice sentences did not go over five years. The change cuts
out an accused;s right to a jury trial, results in a faster, cheaper
court process.

When sentencing, a judge is to consider "aggravating factors."
If the drugbuyer is under 18, if there's a previous conviction, or
if drugs are sold in or near a schoolyard or other place where
children gather, the judge must consider a jail sentence. The judge
must provide reasons if the dealer isn't jailed.