Criminal Law The Canadian Press -
OTTAWA – The RCMP says organized criminal networks are taking advantage of Canada’s medical marijuana program to produce the drug and supply it to the illicit market.
A newly released intelligence report by the national police force warns that criminals are using family members and associates with clean police records to get around program safeguards.
“Gaining access to or control of a medical marijuana grow operation is highly desirable for criminal networks due to the array of opportunities it would present for the illicit production and diversion of high-grade medical marijuana,” says the report, which was completed in May 2012.
It also notes that screening an applicant through a criminal record check is insufficient to keep undesirable elements from infiltrating the program.
A heavily censored copy of the report was released to The Canadian Press under the Access to Information Act.
The findings follow numerous warnings and reports of illegal activity linked to Health Canada’s Marijuana Medical Access Regulations initiative.
The department has announced a complete reworking of the medical marijuana system – in part due to concerns about the risk of criminal exploitation.
Under the existing program, to be phased out by April 1, 2014, individuals are issued licences to grow marijuana for their personal use to help ease the symptoms of their medical conditions.
More than 30,000 people across the country are authorized to use the drug for medical purposes.
The Mounties have long advised that the illegal marijuana trade is a multibillion-dollar industry in Canada.
In an interview with AdvocateDaily.com, Toronto criminal lawyer Kevin Hunter says the findings are not surprising. “Whenever there is potential for criminal organizations of any level of sophistication to exploit a system which provides potential to access products of any resale value, it’s only a matter of time before human ingenuity prevails,” says Hunter, an associate with Edward H. Royle & Associates.
Planned federal government measures to reduce risks of criminal activity associated with the medical marijuana program may help initially, but the need for a long-term solution remains, says Hunter.
“The new program may limit the illicit activity in the short term, but again, it won’t be long before criminal networks develop tactics to either further exploit the system or bypass the safeguards by infiltrating it with human sources embedded within the newly designed system,” he says.
“The proposed changes to the MMAR program, which will see the production and distribution of marijuana moved away from the individual licensee and into the hands of licensed producers, is one more step toward what appears to be the ultimate solution,” Hunter tells AdvocateDaily.com.
“As I have long advocated for, that solution is the decriminalization of marijuana by regulation and control of its cultivation and distribution by a legitimate, dedicated governmental agency similar to the LCBO in Ontario.” Hunter says, “As the RCMP report suggests, the illegal marijuana trade is a multibillion dollar industry. Why not remove the criminal element from the trade and legitimize its cultivation and sale? Aside from the ancillary criminal justice benefits (less use of valuable enforcement and judicial resources), the economic benefits are palpable and would add precious funding to government initiatives of real value.”
Hunter says it’s high time that officials realize the benefits of the decriminalization and regulation of marijuana once and for all. “The real question is, who will have the political fortitude to embrace and promote such an obvious solution in the face of potential political alienation?” he says.
The RCMP report cites case studies that reveal criminal tactics for abusing the federal program, including: - Producing marijuana in excess of the quantity allowed under a Health Canada permit – in one instance almost 80 kilograms annually, with a street value of more than $650,000; - Circumventing federal safeguards by having a family member without a criminal conviction, such as a spouse, obtain a licence; - Efforts by organized criminal groups to gain access to a licence through a complex web of associates.
“Criminal groups are currently exploiting Health Canada’s MMAR program,” says the report, adding “at least one high-level criminal organization – identified as a national level threat – is proactively seeking opportunities to exploit future MMAR guidelines currently being developed by Health Canada.”
In 2010, the RCMP said a review concluded that 70 licence holders were violating the terms of their agreements. In 40 of the cases, holders were trafficking marijuana.
Last month, CBC-TV aired an interview with a man from Nelson, B.C., identified only as Jack, who said he made about $120,000 a year selling the marijuana he cultivated using his medical licence.
Under Health Canada’s new medical marijuana program, individuals will no longer apply for licences to grow plants at home. Instead, licensed producers will cultivate marijuana for distribution to individuals whose health-care providers agree it is an appropriate treatment.
The government says the licensed producers will be subject to extensive security and quality-control requirements. Those include security clearances for key personnel, alarm systems at growing facilities to detect intruders, and compliance and enforcement measures, Health Minister Leona Aglukkaq said in an opinion piece published Wednesday by the Globe and Mail newspaper.
In addition, dried marijuana will be shipped through a secure delivery service directly to the address the client specifies, Aglukkaq said. “Taken together, these measures will reduce the risks of diversion of marijuana to illicit markets.”
The RCMP had no comment Wednesday when asked about possible concerns regarding the new program. -With files from AdvocateDaily © 2013 The Canadian Press - See more at: http://advocatedaily.com/2013/07/medical-marijuana-program-being-exploited-rcmp/#sthash.jbZvBe9M.dpuf