Licensed Pot Grower Picks Jail

By chillinwill · Oct 2, 2009 · ·
  1. chillinwill
    A rare case involving a woman who produced too much medicinal marijuana got even stranger Tuesday when she was sentenced to house arrest -- but chose jail instead.

    Judge Joseph Nadel ruled 42- year-old Hoa Vu could serve a 12-month sentence at home, after siding with defence lawyer Jeffrey Root who argued the case didn't merit jail time.

    But after hearing through a Vietnamese interpreter what conditions she'd have to follow, Vu opted for 90 days in jail -- the sentence federal prosecutor Darren Anger wanted.

    Vu pleaded guilty to production of marijuana in a St. Catharines court in July, after police discovered she was growing more medicinal marijuana in her Niagara Falls home than she was licensed by Health Canada to produce.

    Although she was legally allowed to grow 25 plants as a caregiver for other people, police found 119 plants in various states of maturation.

    Root argued Vu was growing the additional plants to ensure continuous production. But Anger said the production was a "breach of trust" between licensed growers and Health Canada.

    Nadel said it was one of the rare cases in which a conditional sentence is appropriate for marijuana production.

    He said there was no evidence she was selling the marijuana commercially. "She was giving this stuff away to sick people, particularly one older sick man," Nadel said.

    He also took into consideration Vu didn't have a prior criminal record and pleaded guilty.

    Besides 12 months of house arrest, he sentenced Vu to one year of probation. There was a break in the court proceeding so a Vietnamese interpreter could go over the fine print with Vu, who then returned to court requesting the jail sentence.

    She'll serve the 90 days on weekends and forfeit all marijuana- growing equipment.

    Root said later Vu thought the terms were too onerous. "She determined she'd rather do the weekends. It would be more manageable for her life."

    September 30, 2009
    The Standard

    Share This Article


  1. missparkles
    Don't the authorities realise that plants don't grow overnight?
    Anyone growing Marijuana would have plants at various stages of maturation, but only a few fully grown?
    How do they expect this woman to continue to provide these vital plants to people prescribed them?
  2. MsBrownstone
    Sway served a year and a half in NY for an indoor grow operation.. She was offered six months jail time and 5 years probation.. She turned it down and took the year and a half with no post supervision.
    Its ridiculous, Sway was in jail for a year and a half with rapists, murderers and theives, for growing plants, crossing imaginary lines and breaking laws for victimless crimes.
    And while she was in jail, she met all sorts of shady characters that taught her how to get away with all sorts of really serious crimes, its college for criminals.
To make a comment simply sign up and become a member!