TOUGHER LAWS WON'T HELP POLICE GET A HANDLE ON POT

Stiffer penalties proposed for marijuana growers under a new federal
drug policy won't likely be a big help in Richmond's fight against the
illegal crop.

Richmond RCMP Cpl. Sanjaya Wijayakoon, head of Richmond's marijuana
production team, said the vast majority of those growing marijuana in
Richmond are linked to organized crime. Less than one in 50 grow
operations are of the "mom and pop" variety, where the growers would
seriously fear spending a substantial amount of time behind bars if
they are caught.

"I don't think it will diminish the number of grow ops out there,"
Wijayakoon told The Richmond Review Wednesday. Bill C-38 was given
first reading Tuesday and proposes changes to the Controlled Drugs and
Substances Act.

Under the proposed rules, marijuana growers with not more than three
plants would be liable to a fine of not more than $5,000 or
imprisonment of one year, or both.

Those with three to 25 plants could be slapped with a fine of up to
$25,000 or imprisonment of up to five years. Growing between 25 and 50
plants would be punishable by up to 10 years of jail, while growing
more than 50 plants could land someone a 14-year sentence.

If the bill becomes law, Wijayakoon said the impact on the street
won't be felt until someone is charged, convicted and is sentenced
under the harsher laws. But from start to finish, a case would likely
take more than a year to culminate.

"I think down the road it could (have an impact) if the penalties are
enforced," Wijayakoon said. "It's going to be negligible in the way we
do our business."

Once a marijuana grower is sentenced to a significant amount of jail
time, word of that person's conviction will slowly filter through the
drug community and that may deter some unwilling to risk spending
years in jail, Wijayakoon said.

But he called the bill a step in the right direction.

Instead of resulting in criminal charges, possession of small amounts
of marijuana would become ticketable offences involving escalating
fines depending on the amount carried. Carrying between 15 and 30
grams would be punishable by up to $1,000, or six months in jail, or
both.

During sentencing, the bill would also urge judges to take into
account whether a third person's property was used in the illegal
enterprise of growing marijuana; whether the production constituted a
potential security, health of safety hazard to children in the
location where the offence took place or nearby; whether the
production constituted a potential public safety hazard in a
residential area; whether the convicted individual set, placed any
booby traps likely to cause death or bodily harm to another person.