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News (Media Awareness Project) - CN BC: RCMP Sued For Raiding Approved Grow Operation
Title:CN BC: RCMP Sued For Raiding Approved Grow Operation
Published On:2011-06-21
Source:Kamloops Daily News (CN BC)
Fetched On:2011-06-22 06:03:08
RCMP SUED FOR RAIDING APPROVED GROW OPERATION

The head of the city's only "compassion club" is suing the RCMP for
injuries and damages he says he suffered when the city's drug squad
raided his house, seizing his marijuana and growing equipment.

Carl Anderson filed the lawsuit in B.C. Supreme Court in May. The
Kamloops RCMP was served with the court documents Friday. The lawsuit
names the Kamloops RCMP, the provincial and federal governments and
two officers.

In the court documents, Anderson sets out how he was allowed by Health
Canada to grow and possess marijuana due to a medical condition he
suffered after a car accident.

Anderson was allowed to grow 49 plants for his own
use.

In May 2009, police raided Anderson's home and seized his marijuana --
both live and dried plants -- and all his growing equipment and lights,
alleging he was producing more than allowed.

The court documents claim Anderson and his wife were strip searched
and arrested. Anderson was detained overnight.

"During the course of the search, the plaintiff showed (his licence)
to (the officer) and advised them that he required the marijuana for
medical purposes and begged the officers not to destroy his (growing)
operation," according to the civil notice of claim.

"They ignored him, and destroyed it any event." Anderson said as a
result of the raid, he lost several proprietary strains he had
developed himself that treated his pain symptoms while minimally
affecting his "remaining faculties."

The lawsuit also alleges RCMP knew before their raid that Anderson was
permitted to grow marijuana by Health Canada. The documents indicate
Anderson's licence allowed police or Health Canada inspectors the
right to inspect his operations.

"At no time did the defendants introduce themselves, ask to see the
licence or ask for permission to inspect the home," states the court
documents, suggesting the RCMP's investigation was negligent.

As a result of the search and seizure, Anderson suffered greatly from
headaches. His psychological health also suffered as a result of the
"negligent and malicious conduct of the defendants," the court
documents state.

The lawsuit does not specify the amount of damages being sought, but
criminal courts are commonly told one marijuana plant is capable of
producing about two pounds (one kilogram) of bud worth about $2,000 on
the street.

Anderson's 49 plants could have produced more than $100,000 of
marijuana. An ounce (28 grams) of medical marijuana is sold by Heath
Canada through its approved growers for $175.

A statement of defence has not been filed, and the allegations in the
notice of civil claim have not been proved. It's not known when the
case will reach court.
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