A judge has given an absolute discharge to a man charged with trafficking marijuna after police raided his Lions Bay home and found 414 marijuana plants, although almost half most were seedlings.
Michael Santos, an audio engineer with no criminal record, pleaded guilty to possessing about three kilograms of marijuana for trafficking.
The police raid took place on Feb. 28, 2013, when a battering ram was used to break the front door when no one immediately answered at Santos’ rental home, where he lived with his wife and two children.
But the judge granted Santos’ request for an absolute discharge, noting Santos was an otherwise law-abiding, respected member of the community and a good family man, so his crime was one of very low moral culpability, akin to violating a regulation.
“His conduct was not dangerous or antisocial and recent polls suggest that a majority of Canadians do not believe such conduct should be the subject of criminal sanctions,” the judge said.
The judge added that law makers should seriously consider amending or repealing Canada’s marijuana laws, to bring them in line with today’s values.
“When it becomes common for persons of good character to willingly and knowingly conduct themselves in violation of a law, which is widely seen to be unwarranted or unjust or unfair, this should cause those who enact our laws and who are tasked with enforcing or upholding the law to give serious consideration to the repeal or amendment of that law to bring it into accord with modern social values,” Challenger said.
– Read the entire article at Metro.