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Senate Waters Down Minimum-Sentence, Pot-Growing Bill
posted 18 Dec 2009 | Permalink
The Senate has watered down a proposed law-and-order bill by axing a requirement that smalltime marijuana growers serve a mandatory minimum six-month sentence. Vancouver police Insp. Brad Desmarais said Wednesday that the department can’t support the Senate’s amendments to the drug legislation. The law – controversial Bill C-15 – was designed to sentence growers caught with as few as five pot plants to jail for a mandatory minimum six-month sentence. By a 49-43 margin, the Senate committee accepted a proposal Wednesday to raise the bar to more than 201 plants, instead of the original proposal. The amendment leaves sentencing of growers with five to 200 plants up to the individual judge’s discretion. “I suspect if this amendment passes we will see even more manifestly unsafe grows occurring,” said Desmarais, leader of the VPD’s drug and anti-gang squad. Desmarais said without minimum sentencing, criminals will see small grow-ops with under 200 plants as a “commercially viable option” because they will face less of a penalty. A final Senate vote on the proposed legislation – which would impose automatic prison and jail time for a variety of drug crimes – is scheduled for today. The drug bill had sailed through the Commons earlier this year after the Liberals teamed up with the Conservatives to crack down on crime. However, the Senate committee had warned this fall that it would not rubber-stamp the legislation, which has drawn heavy criticism in public hearings in both the Commons and the Senate. Opponents warned the bill, if passed, would flood jails and imprison drug addicts and young people rather than drug kingpins, who will continue to thrive, while small-time dealers are knocked out of commission. Pamela Stephens, a spokeswoman for Justice Minister Rob Nicholson, said that permitting growers to escape jail time for cultivating more than five plants could create “loopholes” that would allow large-scale operations to thrive, such as enabling growers to have 50 plants in 10 places. http://www.canada.com/theprovince/


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