MAN WHO HAD GROW-OP WARNED AGAINST RETURNING TO COURT ON A NEW CHARGE

A LOCAL man was given a six-month conditional sentence in Terrace
provincial court Oct. 26 after he was convicted of one count of production
of a controlled substance which was marijuana.

Judge Ed de Walle warned Jeffrey Howard, 29, against a repeat offence.

"This is now on record and if you're back in front of the court on other
narcotics charges, you will be spending time in prison," he said.

De Walle sentenced Howard to a six-month conditional sentence to be served
in the community, plus conditions including residing in an approved
residence, reporting to a supervisor no less than once every two weeks,
attending counselling as directed, remaining in his residence and to not be
out except with written consent or to attend employment, court, medical,
dental or religious services, except in the case of a medical or dental
emergency.

He must permit his supervisor or any peace officer to inspect the residence
or property for controlled substances, submit to a drug test on demand, not
possess any hydroponics equipment and to carry a copy of the court order
when outside his residence and produce it on the demand of a supervisor or
peace officer.

Howard also faces a 10-year prohibition from owning weapons, ammunition,
crossbows and explosives and must surrender any of these items he currently
owns to the RCMP.

He must pay a victim fine surcharge of $100 by Dec. 17.

Earlier this year, police, accompanied by an electrician, entered Howard's
residence and found more than 85 grams of loose marijuana in a bag on a
shelf near the kitchen fridge.

They discovered scissors and a pipe in the living room and another pipe in
the bedroom.

In the basement they found 64 one-to three-inch starter cannabis plants
under a single 400 watt bulb and 37 two-to four-foot marijuana plants under
four 1,000 watt bulbs in a partitioned grow room adjacent to the laundry room.

Federal drug prosecutor Jack Talstra said police reported that the plants
were especially healthy and showed evidence of trimming.

They had been grown in a soil medium and several dehumidifiers, fans,
filters, plus water in a bucket were located near the grow room.

Talstra said Howard acknowledged full responsibility for growing the
marijuana and told police it was for personal use.

Talstra said a sergeant with the Northwest Drug Enforcement Section
estimated the plants, if grown to maturity, would produce 300 ounces of
marijuana and if sold at the one ounce level would be worth $75,000 and if
sold by the pound would total 18.9 pounds for a value between $47,000 to
$56,000, but only if all plants grew to maturity.

Talstra said the Crown was alleging that a significant amount of marijuana
was produced.

Defence counsel said Howard admitted to a marijuana habit and grew for his
own personal use and to save money.

At the time of the police search, Howard's girlfriend, Tanya Schreiber,
stated the couple was behind on their hydro bill and rent and their bank
statement showed a minimal balance, which showed that Howard did not grow
marijuana for a profit.