12-Months For Compassionate Marijuana Grower

MIRAMICHI, NEW BRUNSWICK - The woman who was caught growing what she described as a "compassionate marijuana grow op" in her home in Bay du Vin will be going to jail in spite of telling the court she was attempting to help people who were sick and not to make money.

Eva Marie Duplessie, 45, flew back to Miramichi from her home in Toronto to hear her sentence on Monday, and found out she wouldn't be flying home soon.

Court of Queen's Bench Justice Jean-Paul Ouellette sentenced her to 12 months in jail for the operation, which was uncovered in 2007.

During the investigation, officers uncovered 213 plants growing in her home, along with highly elaborate equipment including lighting and timers. In total 24 pounds of harvested marijuana bud was seized from the home.

Standing to hear the decision, Duplessie did not cry but grew stone-faced, staring straight ahead.

It was significantly less time than the Crown asked for at the sentence hearing a month ago. While the Crown prosecutor submitted the request for a harsher punishment of 18 months to two years, Ouellette was satisfied a year was appropriate for a first time offender who was far from a commercial grower.

Nor did he agree to the house arrest sentence as pursued by defense lawyer Geri Mahoney, who said this drug production was different from anything the Miramichi was used to seeing. She submitted it did not resemble the highly profitable tactics of those caught in Operation Jackpot in 2005. Duplessie testified at the sentence hearing she took a loss on production because she wanted to help those who were ill.

But in his decision Ouellette said it was not his job to assess the ethics of her crime.

"This court does not decide the rightfulness of the offense."

He noted the large amounts of marijuana seized from her home and her attitude toward the drug as part of the reason for the jail time.

"This was clearly to feed her own addiction, but she felt morally justified," said Ouellette. "The offender does not intend to seek help."

As an aggravating factor he listed her presence in the drug culture and online network involved in aims to legalize marijuana.

"This was not one of impulse or a momentary lapse of judgment," he said.

Ouellette said his decision also arose from the exposure of marijuana production to the teenagers living in the house. Her daughter lived with her in the home when she was producing marijuana and though she said her daughter never saw it, she admitted she knew what was going on. As well, Duplessie had recently taken over the care of another teenage girl who was the daughter of a family friend.

After she is released, Duplessie will serve a two-year supervised probation. During this time she is to undergo assessment and treatment for drug abuse as well as a mental health assessment. She will not be allowed to use or be in possession of alcohol or illegal drugs.

Duplessie will also pay a $100 victim surcharge and will be prohibited from the use or ownership of a firearm for 10 years.

The items seized from her home found to be products relating to the growing operation will be destroyed.

As the court cleared out Duplessie spoke briefly to her lawyer and asked to if she could call her daughter as she was taken back into the holding cell by a court sheriff.

- Article from the Miramichi Leaderon January 7, 2009.

Comments

They are quite backward down

They are quite backward down there. I think this woman refused to pay off the cops. That's the way things tend to work.

dude why are you

dude why are you complaining, in the us you Would have gotten 15 year minimum sentance

3 years in Cali.... dont

3 years in Cali.... dont know where you got 15 years

first of all its up there

first of all its up there not down, and Canada is not near as extreme as the US in handing out drug sentences. I am positive you would be getting more than three years for 216 plants and 24 pounds in California.

yeah, "Back East" would have

yeah, "Back East" would have been a reasonable reference.

Another POW in America's War

Another POW in America's War on Drugs... Its a sad day to see this in New Brunswick

hey no for real yeah prison

hey no for real

yeah prison is bad.

but if there wasn't a risk factor there would be no nothing

no illegal - no big money

so listen

damn man she was growing 216

1 year isnt that bad

she isnt with males, so she isnt going to get the good old dick in the ass

but yeah

war on drugs is bullshit

Down east is a correct

Down east is a correct referance,Because the great lakes run down the st. lawrance river to the ocean, not up to the atlantic.Any ways its the drug and tobacco companies that are causing legallization to be halted.

Eva is released

Happy to be home where you don't have to set your clock back 50 years! Please note a lot of what was printed in this news article is untrue! While incarcerated, said to say they also sent a woman to jail for a first offence of stealing $6 ........

This is their way of a 'make work' project for NB by jailing everyone to substantiate their claims for new prisons and new hires .....

Anyone want to hire an excellent IT person with a pot record?

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