PUSHING BACK AT GROW SHOWS

Marijuana Trade: Police Propose New Grow-Op Bylaw in an Effort to Rid
Neighbourhoods of Problem

Facing the federal court system could be a thing of the past for
marijuana grow operators in Nelson, if a proposed Grow Operation Bylaw
sees the light of day.

The Nelson Police Department is developing a new bylaw that could
circumvent the Controlled Drug and Substances Act criminal code and
land in the realm of civil process, resulting in the removal of the
operations but incurring no court time or criminal charges.

Mention of the proposed bylaw first saw the public light of day at the
April 26 committee of the whole city council meeting, with NPD Chief
Dan Maluta apprising council of the situation.

In speaking about the bylaw afterwards, he said, if approved by city
council, the civil process could expedite the elimination of grow
operations from Nelson neighbourhoods, instead of allowing them to
"proliferate," bogged down by the criminal code.

Currently, police have to file for a warrant through the court system
if a grow operation is suspected, a process that could take several
weeks or months, said Chief Maluta. Once executed, however, the case
could further sit for months before being aired in court - with mixed
results.

"The standard for obtaining a warrant was disproportionately high to
what should be enough grounds to get a warrant," said Chief Maluta.

"In my view, if all of the indicators on a residence are. that a
person has a grow op, then you should be able to get a warrant, but
we're still not getting them."

On the other hand, the bylaw would fast track the situation by
identifying and then shutting down the operations, he said. Through a
mandatory inspection, the fire chief or a designate, along with a City
licensing person would attend the residence and inform the occupants
there was a grow operation believed to be in the residence.

The occupants would be told someone would be coming back in 48 hours
to do a mandatory type of inspection, said Chief Maluta. By that time
the house has to be clear.

No criminal charges would be laid because it would be a civil process.
It circumvents the warrant since there is no criminal code warrant
required. And if something was found, Chief Maluta was not committal
about charges being laid.

"It would depend on the circumstances, but likely not," he
said.

The process has been championed in other B.C. cities like Surrey very
successfully, said Chief Maluta. It would give the NPD officers the
teeth to dismantle grow operations without having to go through the
cost of a criminal code investigation, warrants, charges and the court
system and still preserve public safety.

"At the end of the day, do we want to apprehend these people and
should they be charged under the Controlled Drug and Substances Act?
Yes, they should," he said.

"But if you are getting rid of the grow and therefore getting rid of
the problem, and ridding the neighbourhood of it, maybe you've
achieved something significant anyway without necessarily taking them
to court."

The proposed bylaw has found a measure of acceptance by NPD officers,
said Chief Maluta.

"We asked them if it would break their hearts not to go the Criminal
Code route, and we were able to rid the neighbourhoods of these places
through other means, like through use of the grow op bylaw, and they
said, 'No, absolutely not. The ultimate goal is to get rid of the grow.'"

The bylaw could take some time before it is realized. Along with the
development of an adjudication process, strengthening of the traffic
bylaw, noise and animal control bylaws, the Grow Operation Bylaw has
to be vetted through council.