The accused was charged with possession for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act after police discovered approximately 41 kilograms (90 pounds) of marijuana stored in a rental storage unit.
The accused held Health Canada-issued production licences permitting him to grow 176 plants and possess approximately 17.5 pounds of marijuana at his residence, plus an authorization to possess 450 grams of dried marijuana.
The accused claimed the excess marijuana resulted from an unexpectedly large first crop and that he stored it temporarily while seeking advice from Health Canada on proper disposal, motivated by security concerns following an attempted robbery at a neighbouring grower's property.
The court rejected the accused's explanation as defying common sense, logic, and human experience, finding the accused guilty as charged.