• The Charges You’re Facing

• Penalties

• Common Defences

The Charges You’re Facing
If you’ve been charged in a case involving a marijuana grow operation, you are probably facing at least two charges: Production of a Controlled Substance contrary to s.7(1) of the Controlled Drugs and Substances Act and Possession of a Controlled Substance for the purpose of trafficking contrary to s.5(1) of that Act. If there was a hydro bypass in place at the residence or commercial building in which the grow operation was located, you are probably charged as well with Theft of Electricity contrary to s.326(1) of the Criminal Code.

Penalties
Ever wondered why people seem to get such different sentences for this offence? That’s because sentencing is what lawyers and judges call “an individualized process”. Depending on the seriousness of the offence and any criminal record you may have, your personal circumstances are usually the single, most important issue on sentencing. That said, the sentence for a first offence conviction for a small to medium scale commercial marijuana grow operation in a residence will generally range from a substantial fine to a jail sentence of less than two years. In the case of a jail sentence, in many but not all cases that sentence can be served by your submitting to a form of house arrest and a number of other restrictions.

There are other penalties as well. If there has been a hydro diversion at the residence, you may also face a restitution order in respect of the stolen electricity. Furthermore, on a first offence, Section 109(1)(c) of the Criminal Code now requires a court to prohibit you from possessing firearms for a period of ten years from the date of your release from imprisonment.

Property seized may also be subject to forfeiture. Any marijuana seized will of course be destroyed and, in the event of conviction, any grow equipment will be forfeited. Seized money may be subject to forfeiture as proceeds of crime. In some cases, the building or residence itself used to grow the marijuana may be subject to forfeiture as proceeds of crime or “offence-related property”. See Recovery of Seized Property.

Last but not least, if you have a criminal record for a drug-related offence, you will be precluded from visiting the United States.

Common Defences
The two most common defences to all three of these charges relate first, to the legality of the search (and therefore the admissibility of the evidence) and secondly, to what evidence exists of your “control” over the marijuana grow operation and hydro bypass in question. Other, less common defences may arise as well in the circumstances of your individual case.

DISCLAIMER
The statement above is not legal advice. It is simply intended to give a very general understanding of this offence and some of the possible issues and defences that might be considered in defending it. For legal advice on marijuana grow operations, click here.