Mystery surrounds dropped pot charges

Praxius

Mass'Debater
Dec 18, 2007
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Halifax, NS & Melbourne, VIC


http://www.thechronicleherald.ca/NovaScotia/1079925.html

AMHERST — Drug charges against two Halifax County men have been dropped without explanation, just three weeks before they were to go to trial, The Chronicle Herald learned Thursday.

John Alfred Hardy, 50, of Ingramport and David Alex Banfield of Upper Tantallon were arrested after the RCMP discovered two men tending a marijuana crop on the Valley Road in Wentworth, Cumberland County, in October 2005.

The RCMP subsequently searched two houses in the area and discovered two large marijuana growing operations. Police seized 721 marijuana plants at one home and 362 at the other, as well as thousands of dollars worth of electronic equipment used in the grow op and an undisclosed amount of money.

Mr. Hardy was charged with two counts each of unlawfully producing a controlled substance, possessing marijuana for the purpose of trafficking and stealing electricity worth less than $5,000 from Nova Scotia Power. Mr. Banfield faced one count each of the same charges.

Although the federal Crown dropped the drug charges, the provincial Crown is still proceeding with the charges of theft of electricity against the two men. Their trial is to begin on Oct. 7 and is expected to last two days.

Mr. Hardy and Mr. Banfield have made several court appearances since their arrests in 2005. They initially elected trial in Nova Scotia Supreme Court but later opted for a provincial court trial. Four days were set aside last November but the trial was postponed when defence lawyers Mark Knox and Jim O’Neil said they were having problems getting disclosure from the Crown. The trial was rescheduled for March but was again postponed because Mr. Hardy was working in the remote jungles of Thailand.

Judge Carole Beaton set aside dates next month but lawyer Doug Shatford told her during a pretrial conference on Tuesday that the federal Crown would not present any evidence on the drug charges at trial.

An audiotape of the hearing indicates the defence lawyers had been expecting to go ahead with the trial. Mr. Knox advised the court that he would make a charter challenge on Mr. Banfield’s behalf at the start of the trial when Mr. Shatford interrupted him and said he had been instructed not to offer any evidence at trial on the drug charges.

Mr. Shatford did not say on the tape who had issued the instructions or why the Crown had decided not to proceed with the drug case.

Judge Beaton then dismissed all the drug charges, after a request from Mr. Knox and Mr. O’Neil, Mr. Hardy’s lawyer.

Mr. O’Neil said in an interview Thursday that he wasn’t surprised at the turn of events because he has been involved in many cases where the Crown withdrew the charges shortly before trial.

Mr. Shatford and Mr. Knox could not be reached for comment Thursday.

Hmmmm.... so I guess we can all start our own grow-ops and not worry about going to jail.

I wonder how this happened?
 

Unforgiven

Force majeure
May 28, 2007
6,770
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Looks like some how all that evidence was burned up. Dang! Now they have to go with the theft under 5000. Is that a misdemeanour like shoplifting or dine and dash?

Sounds like Nova Scotia needs an inquiry to see what's up in the relationship between police and the Crown Attorneys Office. :roll:
 

Praxius

Mass'Debater
Dec 18, 2007
10,609
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Halifax, NS & Melbourne, VIC
Looks like some how all that evidence was burned up. Dang! Now they have to go with the theft under 5000. Is that a misdemeanour like shoplifting or dine and dash?

Sounds like Nova Scotia needs an inquiry to see what's up in the relationship between police and the Crown Attorneys Office. :roll:

Nah... I like this system as it currently is..... keep the dope flowing I say :lol:

Well if not keep it as it is, how about just legalizing it and getting it over with?
 

Unforgiven

Force majeure
May 28, 2007
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Only idiots are interested in legalizing pot. Anyone who has studied the situation knows that decriminalization is what will solve allt he problems associated with pot.
 

Praxius

Mass'Debater
Dec 18, 2007
10,609
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Halifax, NS & Melbourne, VIC
Only idiots are interested in legalizing pot. Anyone who has studied the situation knows that decriminalization is what will solve allt he problems associated with pot.

Decriminalization is the first step in legalizing it over time.... neither is going to happen under the current form of government, everybody knows this, which is why I made a generalized joke about it being legalized in the first place because no matter what I say here or anywhere else, neither is going to happen anytime soon.

Since I wasn't attempting to go into any major detail on legalizing or decriminalizing marijuana in the first place, I didn't think being factual in a joke would be that big of a deal.

Then again, only idiots wouldn't catch that.
 

earth_as_one

Time Out
Jan 5, 2006
7,933
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I want it legal for adults and taxed like alcohal and tobacco.

Jack Layton pledges to continue to back the decriminalization of possession of small amounts of marijuana - a bill that died with the Martin government.

"Our view is there should be rules around marijuana use, personal use, age, driving, trafficking, mass production and marketing," he said.

And Layton dismissed critics who say the stance helps organized crime.
"When something is criminalized to the extent that marijuana is you have by definition created a context for organized crime," he said.
 

darkbeaver

the universe is electric
Jan 26, 2006
41,035
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RR1 Distopia 666 Discordia
Only idiots are interested in legalizing pot. Anyone who has studied the situation knows that decriminalization is what will solve allt he problems associated with pot.

Decriminalization is an invented term used to avoid the correct term legal. Tomatoes and spinache and radishes and booze and cigarretts are legal not decriminalized.
 

Unforgiven

Force majeure
May 28, 2007
6,770
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Decriminalization is an invented term used to avoid the correct term legal. Tomatoes and spinache and radishes and booze and cigarretts are legal not decriminalized.

Ah please expand on this. I shall then explain what I see as the difference and why it should be so.
 

Lithp

Electoral Member
Mar 16, 2005
114
1
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Decriminalizing, legalizing pot is a very dumb idea. Unless you are growing your own bud ALL of the pot being smoked in this country and virtually every other is a direct result of organized crime.
Times have changed. The weed business is big business. It's no longer Ricky and Julian growing some dope for their friends.
The crop yields that come from the growops nowadays require an organized criminal element to distribute them. The money gleaned from these crops go on to finance other criminal ventures such as weapons trafficking, human trafficking, cocaine trafficking, meth trafficking, corrupting government officials nationally and internationally and so on and so on.

Don't get me wrong. If you can grow your own marijuana for your own use and consume it outside of the reach of children then by all means blaze it up. I have no problem with that whatsoever.
But if you buy your weed from a dealer you are contributing to a lot of human suffering.
 

lone wolf

Grossly Underrated
Nov 25, 2006
32,493
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In the bush near Sudbury
Decriminalizing, legalizing pot is a very dumb idea. Unless you are growing your own bud ALL of the pot being smoked in this country and virtually every other is a direct result of organized crime.
Times have changed. The weed business is big business. It's no longer Ricky and Julian growing some dope for their friends.
The crop yields that come from the growops nowadays require an organized criminal element to distribute them. The money gleaned from these crops go on to finance other criminal ventures such as weapons trafficking, human trafficking, cocaine trafficking, meth trafficking, corrupting government officials nationally and internationally and so on and so on.

Don't get me wrong. If you can grow your own marijuana for your own use and consume it outside of the reach of children then by all means blaze it up. I have no problem with that whatsoever.
But if you buy your weed from a dealer you are contributing to a lot of human suffering.

Not of it's controlled ... regulated as per the provincial liquor control boards. In fact, it would hurt organized crime and reduce crime rates in the bargain. Even with a 100% mark-up for taxes, it would be much less expensive than weed that gets another risk (and greed) factor percentage added the further from the grower it gets. Competition with pushers and the traffic line would vanish with low profits at higher risk. Quality would always be the same.
 

Lithp

Electoral Member
Mar 16, 2005
114
1
18
The problem with control is that it would only have an impact locally. Drugs is an international business so the price of weed or the profits made by dealers would still be enormous. The Canadian government would not start exporting the weed to the Us- our biggest customer. So it would still be the criminal element that would cause the industry to thrive.
In theory your point is correct. But we are dealing with illicit produce here. Unless there was a global policy similar to what you suggest the organized crime would still thrive here in Canada.
Illegal cigarettes and booze is still a highly lucrative business here in Canada despite regulation. The profits are not as huge as illegal drugs though however. This is because both smokes and booze are legal in the US and most other countries. With banned and controlled substances the business is different. The criminal element controls that market when the government cannot legally or morally export those substances.
Of course we saw the result of organized crime with prohibition of alcohol in the US and Canada. On this side we produced alcohol en masse. The Canadian government (in principal) respected the US ban on alcohol and did not export to the US. As a result an international criminal network was created. And as stated in my previous post much suffering and corruption of public officials on both sides occured.
 

lone wolf

Grossly Underrated
Nov 25, 2006
32,493
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In the bush near Sudbury
The problem with control is that it would only have an impact locally. Drugs is an international business so the price of weed or the profits made by dealers would still be enormous. The Canadian government would not start exporting the weed to the Us- our biggest customer. So it would still be the criminal element that would cause the industry to thrive.
In theory your point is correct. But we are dealing with illicit produce here. Unless there was a global policy similar to what you suggest the organized crime would still thrive here in Canada.
Illegal cigarettes and booze is still a highly lucrative business here in Canada despite regulation. The profits are not as huge as illegal drugs though however. This is because both smokes and booze are legal in the US and most other countries. With banned and controlled substances the business is different. The criminal element controls that market when the government cannot legally or morally export those substances.
Of course we saw the result of organized crime with prohibition of alcohol in the US and Canada. On this side we produced alcohol en masse. The Canadian government (in principal) respected the US ban on alcohol and did not export to the US. As a result an international criminal network was created. And as stated in my previous post much suffering and corruption of public officials on both sides occured.

Weed doesn't have to be imported. The best stuff in the world grows in BC now. If someone chooses to take it upon themselves to export, then they have to deal with the consequences. Really, what goes on beyond our shores with respect to their own drug laws shouldn't concern us. You can bet they'll watch and learn from either our good fortune ... or our mistakes.
 

Lithp

Electoral Member
Mar 16, 2005
114
1
18
As I said above, Drugs are an international business. If you can convince Canadian Organized crime groups to not sell locally grown drugs around the world good luck to ya.
It's not a matter of foreign drug laws. Most countries ban drugs. Yet the world is gripped by a drugs crisis. So obviously drug laws across the world are being ignored. The same will hold true if weed is legalized here.
Grow ops are used to fund international organized crime. These groups already "take it upon themselves to export". Nothing will change if marijuana becomes legal here.
 

Unforgiven

Force majeure
May 28, 2007
6,770
137
63
Decriminalizing, legalizing pot is a very dumb idea. Unless you are growing your own bud ALL of the pot being smoked in this country and virtually every other is a direct result of organized crime.
Times have changed. The weed business is big business. It's no longer Ricky and Julian growing some dope for their friends.
The crop yields that come from the growops nowadays require an organized criminal element to distribute them. The money gleaned from these crops go on to finance other criminal ventures such as weapons trafficking, human trafficking, cocaine trafficking, meth trafficking, corrupting government officials nationally and internationally and so on and so on.

Don't get me wrong. If you can grow your own marijuana for your own use and consume it outside of the reach of children then by all means blaze it up. I have no problem with that whatsoever.
But if you buy your weed from a dealer you are contributing to a lot of human suffering.

Well legalization is dumb I agree with you there. Decriminalization is on the other hand exactly what should happen with pot. American authorities can do as they please to control their own borders. We can do the same. Removing the billions of dollars that is spent on the war on drugs here and applying it to controling our own border is by far a better value. And internally the more free pot there is, the less people will spend on expensive pot. That was shown in the illegal cigarette problem when they raised the taxes on them.

Decrim takes the money out of the hands of organized crime which in turn helps to stop the trade in guns and dangerous hard drugs.

The distribution system is as it always has been, done through friends to save a little cash.
Huge grow ops will become a thing of the past.