DOC GETS ONE YEAR SENTENCE FOR GROWING POT

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The420Guy

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A Richmond man accused of trafficking in marijuana says he is a scientist,
not a criminal.

"It was about discovery. It was never about money," said Paul Hornby of
the illegal crop he was growing in his backyard greenhouse until his
arrest last year.

But, on Tuesday, a provincial court judge disagreed, sentencing the
50-year-old Hornby, who holds a doctorate in human pathology, to a
one-year jail term to be served in the community, with house arrest for
the first three months.

That sentence could have been longer, warned Judge E.J. McKinnon in her
ruling before the Richmond provincial court.

But, she added, "I deliberately have confined you to your residence for
only three months because, despite the aggravating factors... you were
involved with (marijuana) production for the Compassion Club."

He was also fined $1,500.

Hornby was first arrested on the pot charges last April.

At that time, police found a "large and sophisticated" grow operation in
the greenhouse on his three-acre east Richmond property. Several kilograms
of harvested marijuana, as well as 43 grown plants and 1,500 clones were
seized in the raid.

An expert police witness told the court at an earlier hearing the entire
operation was worth up to $2.5 million on the street. But Hornby
maintained he was growing the plants at a financial loss for the benefit
of the B.C. Compassion Club, a nonprofit organization that provides
medicinal marijuana to the sick and dying.

Hornby testified earlier he was doing research on the plants to determine
which strains were best to ease the chronic pain of those suffering from
diseases like AIDS.

His lawyer, John Conroy, had argued for an absolute or conditional
discharge for his client.

But the judge found too many strikes against Hornby.

In particular, "I find Dr. Hornby was highly motivated by financial gain,"
she said Tuesday, citing the size of the crop and potential benefits to
Hornby's private herbal company.

Judge McKinnon said the case was further aggravated by the discovery of an
unloaded shotgun and switchblade in the house, as well as a second
production charge levelled against Hornby in August while he was on bail.

The judge also cited Hornby's flagrant disregard of a Health Canada permit
that allowed his Vancouver-based laboratory to test - though not grow -
strains of marijuana puts the entire federal process of decriminalizing
marijuana for medical reasons in jeopardy.

Outside the courthouse Tuesday, Hornby vowed to reapply to the federal
government in order to be granted a licence to test and grow medicinal
marijuana.


Author: Darah Hansen
Source: Richmond News (BC)
Contact: editor@richmond-news.com
Website: Richmond News
Pubdate: Thursday, March 6, 2003
 
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