Article by Lift News
A BC man has been sentenced to one year in prison for producing and possessing cannabis for the purpose of distribution, according to court documents posted today.
The defendant, Mr Zhong Ming Yu, was found guilty last October of two charges: unlawfully producing cannabis and unlawfully possessing cannabis in the an amount exceeding three kilograms. He was originally arrested in 2014. He was given two one-year sentences, to be served concurrently.
The Clarke Drive location in Richmond is a an industrial park near Knight and Cambie.
Yu’s defence pointed out that both licences authorized each person to produce 146 plants for a total of 292 plants at the apartment. The defence also questioned whether or not the clones were legally considered a plant under the Controlled Drugs and Substances Act (CDSA) as they were not ‘living things’ with a root system.
The defence pointed to the fact that Mr. Yu operated a grow operation at the unit under a licence to produce dried marihuana for medicinal purposes, which expired November 28, 2013, and a further similar licence was given to a Ms. Zhao, the person with whom the accused lived, which expired January 24, 2014.
The defence argued that both of these licences allowed each person to produce 146 plants for a total of 292 plants at the unit under personal use production licences, and that the amount authorized to be produced was marginally under the 347 plants seized by the police, and particularly marginally under when the clones were excluded from the count.
Yu’s lawyer also said his client has a heart problem from a motor vehicle accident which led him to obtain a licence to produce cannabis.