Posted on 08/25/2005 8:59:01 AM PDT by freepatriot32
VANCOUVER -- A homeowner who pleaded guilty to growing marijuana in his house has become the first person in British Columbia to see his home forcibly taken by the federal government.
Van My Luu, of Langley, was arrested in 2003 at his home on 268th Street after a police investigation.
Mr. Luu was the legal owner of the home and controlled the grow operation, police said.
He pleaded guilty to the production offences but challenged having to forfeit his home.
Mr. Luu's lawyer, Jay Solomon, argued in Surrey Provincial Court that seizure of the house was an inordinate sanction relative to the offence.
Mr. Luu was given a one-year sentence.
But Shannon Gerrie, lawyer for the Department of Justice, argued that Mr. Luu had a sophisticated operation in his house and was actively involved in the production of marijuana.
Judge Dennis Devitt ordered the house handed over to the Crown. Under the guidelines, the property will be disposed of by the Minister of Public Works.
"We're hoping this will be a deterrent for homeowners who let grow operations take place in their homes and hope they will think twice before setting up these operations," Corporal Diane Blain of the Langley RCMP said of the seizure of Luu's home.
This is the first time in British Columbia that the courts have forcibly taken property from someone who was convicted of a criminal act.
Two years ago, the Crown seized a home used as a grow operation. There have since been a number of other forfeitures, but Cpl. Blain said all the other homeowners consented to the proceedings.
Mr. Luu's house will now be sold, and, after the home's mortgage is paid off, the remaining money will be directed to the federal government.
Criminal Court mired in minor cases Study shows that most jailed are not violent Wednesday, August 24, 2005 By Michael PerlsteinStaff writer While almost nightly images of violent crime bludgeon New Orleans, the city's criminal justice system has become a virtual assembly line to handle minor narcotics offenses. And while many of the players in the city's vast marketplace for illegal drugs are involved in killings, shootings and other felonies, the system is doing a poor job of pinpointing them for stringent prosecution and prison time. That is the discouraging picture revealed in a comprehensive report by the Metropolitan Crime Commission at a time when New Orleans has regained the dubious title of America's murder capital among major cities. (snip)
From The Times Picayune $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ Our country cannot afford to continue chasing down those who enjoy cannabis. Life, Liberty and pursuit of fine cannabis! I call that happiness.
Can we rename this the "druggie" thread?
I'm sure John Walters is pushing hard to remove that hurdle.
don't believe in state's rights do ya?
Could we rename the Marijuana Stamp Act - The Marijuana Oppression Act? While we are in the ask questions mode - How did the world ever survive before the United States of America criminalized the mild, non deadly intoxicant - cannabis? And how did the U.S. Federal government get in the business of oppressing liberty?
Limits on government power spoil the brownshirts' fun.
No kidding.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.