Production and Possession of a Controlled Substance for the Purpose of Trafficking
Accused client arrested following a search warrant on his commercial agricultural property. Found on the property was approximately 15,900 marijuana plants in excess of the 989 authorized under the MMAR to be grown at that location. Also found were 113 pounds of dried marihuana, 46 pounds of packaged marihuana, 32 grams of hashish, and 5.5 grams of marijuana oil.
After cross-examination of the officer who applied for a search warrant, judge finding insufficient grounds to justify the issuance of the search warrants. As a result, evidence found in the searches ought to be excluded from their trial pursuant to section 24(2) of the Charter and therefore client acquitted.