POT SENTENCE CONFLICTS JUDGE

A North Vancouver judge told a 24-year-old man who pleaded guilty to
running a West Vancouver grow op that he'd like to send him to jail,
but felt compelled by higher court rulings to hand him a conditional
sentence with house arrest instead.

Judge Doug Moss of the North Vancouver provincial court made the
comments - including his frustration over the courts' seeming
inability to stem the growing problem of grow ops on the North Shore
- - as he sentenced Warren William Spencer to a 12-month conditional
sentence including six months of house arrest and electronic monitoring.

Spencer pleaded guilty to production of marijuana part-way through his trial.

West Vancouver police raided the house leased by Spencer at 1481
Palmerston Ave. on Sept. 13, 2005, seizing 362 pot plants along with
timers and high intensity grow lights.

Experts estimated the crop would have eventually yielded more than 68
pounds of pot, worth up to $170,000.

The judge noted Spencer told his probation officer he wasn't out to
make money but only wanted to supply himself and his friends. "This
observation must obviously be taken with a grain of salt," said the
judge, adding, "It is difficult to imagine 68 pounds of marijuana
being consumed by his close circle of immediate friends."

Moss said one of the main problems facing provincial court judges is
how to sentence people who are involved in running grow ops.

"The number of such cases appears to be growing rapidly in North and
West Vancouver and all communities in British Columbia regardless of
the use of conditional jail sentences and fines," he said.

Moss said he generally supports the idea of sending fewer people to
jail, particularly for first offences, but added some offences, like
those connected to the drug trade, "would seem well-suited to the
general effect of deterrence through actual jail sentences."

Moss said people who get into the pot growing business must consider
the potential risks and benefits of their enterprise before they get started.

"To date, the imposition of conditional jail sentences and fines and
even house forfeiture have not served in any real way to deter
generally people of like mind to Mr. Spencer from involving
themselves in this illegal activity."

Moss said he agrees with judges who've said those convicted of
running grow ops should be sent to jail - now referred to by those in
the criminal business as "real jail."

But he added because of decisions made by higher courts such as the
B.C. Court of Appeal, he felt constrained to let Spencer off with a
conditional sentence instead.