NINE STRIKES -- YOU'RE OUT, SORT OF

My colleagues have just released a much publicized report dealing with
the extent of the marijuana grow industry in British Columbia. The
results confirm what many have been saying all along; business is
booming and the justice system is relatively uninterested.

The amount of marijuana grown in this province has quadrupled in the
last six years and the operations have become more sophisticated and
lucrative. The number of plants seized from indoor grow-ops has
increased to an average of 236 and all indications are that further
growth is inevitable.

But despite an increase in the number of operations and complaints
from neighbors and landlords, the response from criminal justice
agencies is heading in the other direction.

In about half the confirmed cases of grow operations, the police
typically confiscate the equipment and product with no formal
processing of criminal charges. It appears even law enforcement has
thrown in the towel.

In those cases where police do recommend charges, prosecutors have
become less likely to accept these and opt not to move forward with
them. In almost half the instances where charges are laid, the crown
orders a stay of proceedings.

And even though offenders are growing larger crops, stealing more
electricity and becoming much more violent in guarding their
operations, judges are less likely to order a period of incarceration
for those found guilty.

There is an increasing reliance on non-custodial dispositions such as
conditional sentences. The number of people getting jail time for
growing has been cut in half since 1997.

For those who are sentenced to custody, there is no rhyme or reason
between the number of prior convictions and length of sentence.
Overall, only 16% of growers receive jail time and the average
sentence is less than five months.

More disturbing, for those convicted of cultivating 100 plants or
more, an offender would need at least nine prior convictions to have a
50-50 chance of getting any jail time at all.

It doesn't take a rocket scientist to put this together and recognize
that the odds are in the grower's favor throughout the criminal
justice process. The system has absolutely no capacity to deter and no
appetite to punish. It is, for all intents and purposes, impotent.

Yet, we continue to extend vast sums of resources in this futile
masquerade. We continue to pretend it's just a bunch of mom and pop,
small grows for personal use when marijuana production is actually the
mainstay for organized crime in this province.

Clearly the system and response to grow operations is a farce. While
decriminalization would be a disaster for the border and trade with
the U.S., at least it would be honest.

Just as you would be reluctant to make a gourmet feast for family
visiting from out of town who always stop at the buffet on their way
over, police are reluctant to extend the time and resources pursuing a
case that will never see the light of day. Prosecutors are reluctant
to take on a file that will be stayed or at best, result in a slap on
the wrist. And judges are reluctant; no, I take that back. Judges are
terrified, of handing down a meaningful sentence that will surely be
successfully appealed.

The entire report can be downloaded at:
http://www.ucfv.ca/pages/Special/Marihuana_Grow_Ops_in_BC_Study.pdf

John Martin is a Criminologist at the University College of the Fraser
Valley