T
The420Guy
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Medical marijuana licence holder Brian Carlisle got his grow-lights
returned yesterday, but not the marijuana plants seized earlier this year
by Hope RCMP officers.
Hope RCMP Staff Sgt. Jim Delnea said because marijuana cultivation charges
against Mr. Carlisle had been stayed, and after discussions with federal
Crown counsel and Department of Justice officials, he decided to return
the grow-lights.
"There's no law against owning light bulbs, so to speak," he said.
However, the 51 plants seized by police and other items with marijuana
residue on them are being withheld pending a decision by Health Canada.
"We are awaiting Health Canada to authorize disposition of those items,"
Staff Sgt. Delnea said. "The narcotics, the drugs that have been seized,
Health Canada has control of those."
It is a long-standing procedure, he said, that any marijuana seized, even
where no charges are pending, can only be destroyed with Health Canada's
permission.
"We never had the arbitrary authority to destroy drugs," he said.
Mr. Carlisle went to court last week seeking the return of all the items
seized by police.
Lawyer Dale Pedersen, acting for Mr. Carlisle, said he sees no legal
reason why all the seized items can't be released because no forfeiture
order was made.
"In my mind, they should all be released," he said.
Mr. Carlisle, who received a licence to grow medical marijuana from Health
Canada on Sept. 9, said he feels vindicated by the decision.
"It shows obviously I was in the right," he said.
Author: Robert Freeman
Source: Chilliwack Progress
Contact: editor@theprogress.com
Website: Home - Chilliwack Progress
Pubdate: Tuesday, November 26, 2002
returned yesterday, but not the marijuana plants seized earlier this year
by Hope RCMP officers.
Hope RCMP Staff Sgt. Jim Delnea said because marijuana cultivation charges
against Mr. Carlisle had been stayed, and after discussions with federal
Crown counsel and Department of Justice officials, he decided to return
the grow-lights.
"There's no law against owning light bulbs, so to speak," he said.
However, the 51 plants seized by police and other items with marijuana
residue on them are being withheld pending a decision by Health Canada.
"We are awaiting Health Canada to authorize disposition of those items,"
Staff Sgt. Delnea said. "The narcotics, the drugs that have been seized,
Health Canada has control of those."
It is a long-standing procedure, he said, that any marijuana seized, even
where no charges are pending, can only be destroyed with Health Canada's
permission.
"We never had the arbitrary authority to destroy drugs," he said.
Mr. Carlisle went to court last week seeking the return of all the items
seized by police.
Lawyer Dale Pedersen, acting for Mr. Carlisle, said he sees no legal
reason why all the seized items can't be released because no forfeiture
order was made.
"In my mind, they should all be released," he said.
Mr. Carlisle, who received a licence to grow medical marijuana from Health
Canada on Sept. 9, said he feels vindicated by the decision.
"It shows obviously I was in the right," he said.
Author: Robert Freeman
Source: Chilliwack Progress
Contact: editor@theprogress.com
Website: Home - Chilliwack Progress
Pubdate: Tuesday, November 26, 2002