Mandatory Jail Upheld

Madame Justice Beames released a decision today with respect to a Constitutional Challenge against the Mandatory Minimum Penalties (MMP) for grow-operations.  As you're probably aware, in November of 2012, the Controlled Drugs and Substances Act was amended to include mandatory jail sentences for anyone found growing marijuana plants in excess of 5 plants.  That legislation was challenged, but ultimately found to be valid.  Accordingly, if you are convicted of production of marijuana, you will be subject to the following mandatory miniumum penalties:

        Growing 5 to 200 plants  = 6 months jail

        Growing 201 to 500 plants  = 12 months jail

        Growing 501 or more plants  = 24 months jail

In addition, that penalty will multiply by 1.5 is you are also found guilty of a statutory aggravating factor (such as growing in a home owned by someone else, using a trap, or if the production constituted a potential public safety hazard).

 

As such, if you're charged with such a crime in the future...you might want to call a lawyer.






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