The defendant pleaded guilty to production of a Schedule II substance contrary to section 7(2)(b) of the Controlled Drugs and Substances Act and possession of marijuana for the purpose of trafficking contrary to section 5(3)(a) of the CDSA.
Following a trial of an issue (Gardiner hearing), the court found beyond a reasonable doubt that the defendant produced and possessed marijuana for the purpose of trafficking.
The defendant was an authorized medical marijuana producer who significantly exceeded his authorized production limits.
The court rejected the defendant's evidence that he was engaged in a two-stage operation for personal consumption, finding instead that the scale of the operation, the packaging of marijuana in one-pound quantities with brand names, and the defendant's lack of credibility supported an inference of trafficking.
The court sentenced the defendant to five months concurrent imprisonment on both counts, imposed a 109 order for ten years, ordered a DNA sample, and placed the defendant on probation for two years with conditions prohibiting marijuana production.
