GROWING MARIJUANA HAS BECOME BIG BUSINESS IN ONTARIO WHERE GROW HOUSE
ARRESTS ARE ON THE RISE

I seldom saw a charge of cultivating narcotics when I started practicing
law 23 years ago. There were times when police found a marijuana plant or
two growing in a suspect's home, but this was usually being grown for the
person's own use.

Occasionally, more enterprising drug dealers would grow marijuana for
commercial purposes. Such activity was limited, however, by several
factors. Full-sized marijuana plants got too big for anyone to hide many of
them inside. The risk of detection and our Canadian weather discouraged all
but the most determined drug dealers from outside cultivation.

Times have changed. The term "cultivation" disappeared along with the
Narcotics Control Act. The Controlled Drugs and Substances Act makes it
illegal to "produce" these substances.

This is minor, however, when compared to the changes that science and
hydroponic gardening have brought about.

Marijuana plants that are grown using hydroponics are not as big as those
grown regularly. They have, however, a greater yield of the usable portion
of the plant and the level of THC (the active ingredient in marijuana) is
higher. And, they can be grown year-round.

The result of this is that one can produce much more top-grade marijuana
than ever before, and it can be done in one's own home. The necessary
equipment can be purchased from a hydroponics store. After all, the same
techniques may be used to grow tomatoes or other legal plants.

Dramatic increase in growing operations

Books are available to teach even a novice how to grow marijuana and
further information may readily be found on the Internet.

The result of all this is a dramatic increase in marijuana growing
operations across Ontario. There has also been a dramatic rise in the
number of arrests. In 2000, police executed 160 illegal marijuana producing
warrants across Ontario. In 2001, that number jumped to 650.

Many of these were in the grower's own residence. There is, however, a
trend towards locating large commercial growing operations in otherwise
empty houses.

In a regular home, a large grow might be seen by a visitor who may pass
that information along to the police. If he does not see anything, that
visitor might smell something. Marijuana does have a rather distinct odor.
Venting systems may reduce this problem but do not eliminate it.

Marijuana plants need light for up to 18 hours per day depending on the
stage of their growth. The special lights used to provide this require
massive amounts of hydro.

Commercial growers sometimes bypass the meter and connect directly to the
hydro lines. This allows them to avoid giving themselves away by the
dramatic increase in power consumption. It also allows them to save money
on the hydro bill. It also creates a greater risk of fire.

Length of sentence may vary

Those caught growing marijuana can expect a jail sentence. Beyond that,
however, there is a tremendous range in the length of sentence. The maximum
sentence for growing marijuana is imprisonment for seven years. This is
rarely, if ever, imposed.

A conditional sentence with house arrest may be considered for a first
offender involved in a relatively small operation, especially if it is for
his own use.

At the other end of the spectrum, someone growing marijuana on a
large-scale commercial basis might be looking at spending several years in
the penitentiary. The sentence imposed in any particular case will always
depend on the age and background of the offender.

This area of the law is too complicated to be explained fully in the space
available here. Anyone who has been charged with such an offence or who
requires further information for any reason should consult a lawyer.

David Harris is a Burlington resident with a criminal law practice in
Oakville. He is writing a series of columns on criminal law. To find his
past columns, visit the Web site www.lawyers.ca/dharris.