July 11, 2014 4:59 pm

Constitutional challenge in Kelowna marijuana grow-op case

KELOWNA – He’s admitted to illegally growing marijuana but he’s not agreeing to the mandatory minimum prison sentence.

In the winter of 2012, Kelowna RCMP raided a house in the upper Mission neighbourhood seizing almost 1400 plants.

Shem Morgan Hanna recently changed his plea from not guilty to guilty.

But Hanna intends to mount a consitutional challenge to the mandatory sentence of at least two years imprisonment that comes with growing more than 500 marijuana plants.

A post on his Facebook page says: “It will be the first time in court that the min. mandatory will be challenged for growing cannabis. its seems very confusing that I am going to jail for growing something that is now proving to cure cancer, our society has its priorities all messed up. So, I might be paying my lawyer well over $20,000 if not more and still going to jail for 2 yrs.”

A date for the hearing has not yet been set.

 

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