Digest: R v Graham, 2018 SKQB 188

• Date: June 18, 2018

Reported as: 2018 SKQB 188

Docket Number: CRM 19/17 JCB , QB17574

Court: Court of Queen's Bench

Date: 2018-06-18

Judges:

• Scherman

Subjects:

• Criminal Law � Controlled Drugs and Substances Act � Unlawful Production of Marijuana
• Criminal Law � Controlled Drug and Substances Act � Possession for the Purpose of Trafficking � Marijuana

Digest: The two accused were charged with: unlawfully producing marijuana contrary to s. 7(1) of the Controlled Drugs and Substances Act CDSA); unlawful possession of marijuana for the purposes of trafficking contrary to s. 5(2) of the CDSA; and unlawfully having Canadian currency of a value exceeding $5,000 knowing that property was obtained by the commission of an indictable offence contrary to s. 354(1)(a) of the Criminal Code. The charges were laid as a result of an investigation by the RCMP acting on a tip that marijuana was being grown in greenhouses located on a certain property. Based upon their belief that it was, the RCMP entered the property pursuant to a general warrant. Before they entered, the police saw two men go into the greenhouse whereupon they followed them into it and arrested them. One of the men was the accused, C.G., and the other was an individual named O.G. The second accused, M.B., arrived at the greenhouse shortly thereafter and was kept under observation. The police found 750 marijuana plants growing in the greenhouses and a search of a nearby trailer yielded five bags of dried marijuana and two �personal use production licences� for marijuana in the name of O.G. The licences were issued for production site addresses in Ontario for a maximum of 449 plants and had expired in March 2014. The police found $6,200 in cash in the home of the accused, located about one quarter mile to the east of the greenhouses. The two accused explained that they had built the greenhouses to enable them to grow vegetables in a business they started with M.B.�s brother who had conducted similar enterprises in Ontario. Their business plan was to eventually grow marijuana. The accused C.G. suffered a serious injury that prevented him from being able to operate the greenhouses and after consulting with M.B.�s brother, they decided to lease the greenhouse to his acquaintance, O.G., who had a licence to produce medical marijuana. Gutierrez produced copies of his licences and explained that the expiry dates were �grandfathered� as a result of a court decision but that he would...