The accused pleaded guilty to production or cultivation of cannabis marihuana.
Police discovered 99 marihuana plants in various stages of growth at the accused's residence.
The accused had previously obtained licenses from Health Canada to possess and produce medical marihuana for pain management resulting from catastrophic injuries sustained in a 2004 motorcycle accident.
The accused's production license had expired, and although he submitted a renewal application before expiration, he did not diligently follow up with Health Canada.
The Crown sought a six-month jail sentence, while the defence argued for a significant fine given the medical necessity and exceptional circumstances.
The court imposed a suspended sentence with two years' probation, finding that the exceptional circumstances and medical necessity rendered imprisonment disproportionate.
