POT GROWER HAPPY HOME'S HERS

North Van Woman Won't Forfeit Grow-Op House

A North Vancouver woman who gets to keep her house -- and duck a
$100,000 fine for growing and selling marijuana from home -- was
"pleasantly shocked" by a Supreme Court of Canada ruling in her favour Friday.

Judy Ann Craig, a 58-year-old former realtor who now travels the
province selling wholesale goods, went to Canada's highest court to
appeal the seizure of her $500,000 North Van home, which she had used
to grow and sell pot starting in 1998.

The Crown said 186 pot plants were seized when Craig was busted
following a North Vancouver RCMP stakeout, and she was convicted in 2003.

Craig's lawyer, Howard Rubin of North Van, argued that taking her
home as she neared retirement was too harsh. Also, government seizure
laws should be directed to organized-crime-related property, not
"bottom of the food chain" operations like Craig's, he said.

Craig is currently on a sales trip to Kelowna; Rubin said "she was
ecstatic" when he phoned her about the ruling Friday morning.

"She was in a pleasant shock," he said. "This case has been the end
of the world for her. She lost her self-esteem." Craig is not
available for comment, Rubin said.

Rubin said the 5-2 ruling blocking forfeiture of Craig's home
reflected the size of her grow-op, her age and the fact she had no
prior criminal record.

While the B.C. Court of Appeal said Craig was making $100,000 a year
selling pot, Rubin said that doesn't make her a big-time dealer.

"She was making a lot of money but at the end of it, she didn't have
a lot of money." Asked if he thought Craig would consider selling pot
again, Rubin laughed and said: "Not a chance in the world.

"She's a straightforward, honest citizen who made the mistake of
starting to sell marijuana. [Selling pot] financially destroyed her."
In a companion case released Friday, the court upheld a forfeiture
order against Kien Tam Nguyen of Surrey. Although the court
acknowledged the Nguyen grow-op was similar in size to Craig's, it
was a secondary residence, which "suggests that the property's main
function was as the site of a grow operation," the court said.

Rubin said Friday's landmark ruling "doesn't impact on the ability of
police to go after organized crime at all." RCMP spokesman Const.
Annie Linteau said there is not necessarily a "black-and-white"
distinction between organized-crime and small-time grow-ops such as Craig's.

Linteau said "it's possible" organized crime can source pot from
small grow-ops and police "are not always aware of alliances [in drug
distribution.]" Linteau said the RCMP respect the court's ruling.

"We have no reason to believe this decision will impact on our
day-to-day policing," she said. "We will continue to recommend
forfeiture of property related to organized crime." Linteau could not
say whether that means so-called small-time growers get a pass on
forfeiture recommendations.

In arguing for the Craig forfeiture, the Crown said home grow-ops are
increasingly endangering communities across Canada with fire and
violent home-invasion risks.

"I wouldn't want to have a grow-op next to my place," Linteau said.
"There is the risk of grow-rips and turf wars." City of North
Vancouver Fire Chief Barrie Penman said no matter the size, grow-ops
pose a "fatal" risk.

"There's a great danger when you are dealing with chemicals in some
of these 'mom and pop' shows," Penman said. "The chemicals are
dangerous and very volatile."