Marijuana Grow Operations

Regina v. Kim, [2005] O.J. No. 1827 (Ont. Sup. Crt)

Mr. Kim was charged with a marijuana grow operation in Durham Region. Police were purportedly called to Mr. Kim’s home to respond to a complaint that vicious dogs were running about the neighborhood. Upon their arrival the police followed the dogs to the door of Mr. Kim’s home and detected an odour of marijuana. After having cross examined the police officers – it became clear that they had made up a story that they thought someone was in the home requiring help and or, that there could have been a break and enter. Animal control officers arrived on scene and went into the home to control the dogs. The dogs were subsequently shot to death and the marijuana lab was discovered.

Mr. Kim was found not guilty and the evidence was ordered excluded on account of the police violating his Charter rights.

Moreover, the case made a number of newspaper headlines and was the subject of a radio call in show.

Criminal Defence Lawyer

Marijuana grow operations are seen often in the criminal courts today. The larger the grow operation the more serious the offence. Today, being charged with a marijuana grow operation may also mean that you may face losing your home. The Canadian Government has now signed off on a legislation that allows the Attorney General to bring forth an Application to restrain you from selling your property. The Attorney General then proceeds under the Civil Remedies Act in their attempt to seize and take your home on account of the home being “offence related property”. Most criminal lawyers are not insured to represent you in the civil proceedings associated with trying to get your home back. Ms Leora Shemesh has developed a large practice on both the civil and criminal aspects of marijuana grow operations. Ms Shemesh has successfully challenged the government’s attempt to keep monies, vehicles and homes from her clients.

Hiring a criminal defence lawyer who has experience dealing with marijuana possession charges and marijuana grow operations and who can and is willing to fight civilly for your property interests is important if you want to avoid a drug crimes conviction and you want to keep your family home.

Call Leora Shemesh, a criminal defence lawyer who has successfully defended many clients in drug matters such as marijuana grow operations.