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Friday's sentencing of area medical marijuana grower and seller Maxim Popovitch came to a halt when Justice Bruce Durno raised last-minute concerns about the Orangeville man's motives.
Durno said he was unclear on how much the 29-year-old man was driven by profit while supplying medical marijuana to compassion clubs and how much it was to cover his own self-medicating after a brain tumor was removed, as well as ease the discomfort of others with medical conditions.
"He was making money," Durno stressed in Guelph's Superior Court Friday, though he was troubled by how much weight he had to give on sentencing to the profit motive versus Popovitch's desire to act as a Good Samaritan.
In the end, Durno ordered a transcript of recent testimony for himself, defence attorney Ron Marzel and federal prosecutor David Doney to review before final submissions 2:30 p.m. Aug. 30 and judgment 2:30 p.m. or slightly later on Sept. 16.
"Max" Popovitch, the son of a construction company owner, pleaded guilty last December to possession of a controlled substance for the purpose of trafficking (and breach of probation). In September, 2011, Wellington OPP discovered, during a traffic stop, two dozen vacuum-sealed packages of pot comprising 6.4 kilogram with a street value of about $125,000 in the man's Toyota truck. Police also recovered almost $64,000 in cash.
Court heard Popovitch was supplying primarily two compassion clubs with high-quality medical marijuana through Health Canada licensing.
Earlier this year, Durno began a lengthy sentencing hearing in which Marzel called several character witnesses before matters were adjourned to Friday. Court also heard from Popovitch that he was smoking more than $2,000 a month in pot for medical reasons, including removal of a brain tumor diagnosed in 2004.
Popovitch also testified he netted roughly $46,000 in profit in his third harvest, but reinvested a significant portion to upgrade equipment and improve growing operations.
On Friday, such testimony gave Durno pause. He said he wanted to get to the bottom of how much Popovitch was driven by dollar signs compared to concern for others.
"There was a profit component to it," Durno said, adding weighing that could play a role on the sentence he had to consider for Popovitch.
Marzel responded his client "wasn't turning a profit" but covering expenses.
Doney took exception to that characterization, saying Popovitch was inspired both by Good Samaritanism and earning cash, emphasizing "there was a clear profit here."
Durno suggested it would be wise to review Popovitch's testimony in the witness box last March 7 and the subsequent final submissions of defence and Crown that concluded May 22 to see if that shed more light on motive.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: guelphmercury.com
Author: guelphmercury.com
Contact: GuelphMercury : Contact Us
Website: Sentencing of purported medical marijuana supplier delayed by Guelph judge
Durno said he was unclear on how much the 29-year-old man was driven by profit while supplying medical marijuana to compassion clubs and how much it was to cover his own self-medicating after a brain tumor was removed, as well as ease the discomfort of others with medical conditions.
"He was making money," Durno stressed in Guelph's Superior Court Friday, though he was troubled by how much weight he had to give on sentencing to the profit motive versus Popovitch's desire to act as a Good Samaritan.
In the end, Durno ordered a transcript of recent testimony for himself, defence attorney Ron Marzel and federal prosecutor David Doney to review before final submissions 2:30 p.m. Aug. 30 and judgment 2:30 p.m. or slightly later on Sept. 16.
"Max" Popovitch, the son of a construction company owner, pleaded guilty last December to possession of a controlled substance for the purpose of trafficking (and breach of probation). In September, 2011, Wellington OPP discovered, during a traffic stop, two dozen vacuum-sealed packages of pot comprising 6.4 kilogram with a street value of about $125,000 in the man's Toyota truck. Police also recovered almost $64,000 in cash.
Court heard Popovitch was supplying primarily two compassion clubs with high-quality medical marijuana through Health Canada licensing.
Earlier this year, Durno began a lengthy sentencing hearing in which Marzel called several character witnesses before matters were adjourned to Friday. Court also heard from Popovitch that he was smoking more than $2,000 a month in pot for medical reasons, including removal of a brain tumor diagnosed in 2004.
Popovitch also testified he netted roughly $46,000 in profit in his third harvest, but reinvested a significant portion to upgrade equipment and improve growing operations.
On Friday, such testimony gave Durno pause. He said he wanted to get to the bottom of how much Popovitch was driven by dollar signs compared to concern for others.
"There was a profit component to it," Durno said, adding weighing that could play a role on the sentence he had to consider for Popovitch.
Marzel responded his client "wasn't turning a profit" but covering expenses.
Doney took exception to that characterization, saying Popovitch was inspired both by Good Samaritanism and earning cash, emphasizing "there was a clear profit here."
Durno suggested it would be wise to review Popovitch's testimony in the witness box last March 7 and the subsequent final submissions of defence and Crown that concluded May 22 to see if that shed more light on motive.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: guelphmercury.com
Author: guelphmercury.com
Contact: GuelphMercury : Contact Us
Website: Sentencing of purported medical marijuana supplier delayed by Guelph judge
