JUDGE SHOWS LENIENCY TO MAN BUSTED FOR GROW OP

Bud: Following Arrest, Hamptonian Was Granted Permit To Grow Marijuana For
Medical Use

SUSSEX - A 49-year-old Hampton man who's now legally permitted to
produce home-grown marijuana for medicinal purposes wasn't in the same
position when police raided his trailer on June 12, 2008.

Last week in Sussex provincial court, Garth Adrian Shaw was convicted
of producing marijuana on his property.

While the evidence of drugs found in his possession were not disputed
by Shaw or his lawyer Joel Hanson, they argued that police didn't
properly execute their search warrant and therefore the evidence
should be tossed out.

The defence argued that the two police officers, former district 3
RCMP plainclothes officers Cpl. Roger Gillies and Const. Mark Simon,
didn't properly identify themselves or the search warrant when they
came to the door and used unnecessary force to restrain Shaw.

Judge Henrik Tonning didn't agree and said while the police knocked
Shaw to the floor, they only did so after he resisted arrest. The
police testified they weren't familiar with Shaw's physical ailments
at the time.

While Shaw has since gained a licence to possess marijuana to help
conquer the intense pain he lives under as a result of a 1993
accident, he didn't have one at the time police showed up.

Federal Crown prosecutor Gerald McCracken said police found 44 plants
in early stages of growth, as well as nine plants that stood three
feet tall in a shed. There was also a watering system, grow lamps and
other paraphernalia common to grow operations.

"He does have a very serious pain management issue," Hanson said of
his client, urging the judge in his sentencing to consider leniency
since Shaw now has a licence to possess and grow personal quantities
of marijuana. Shaw received a six-month conditional sentence.