Bc: Rcmp sued for raiding approved grow operation

mapinc / 6/21/2011 / By Robert Koopmans, Source: Kamloops Daily News

The head of the city’s only "compassion club" is suing the RCMP for injuries and damages he says he suffered when the city’s drug squad raided his house, seizing his marijuana and growing equipment.

Carl Anderson filed the lawsuit in B.C. Supreme Court in May. The Kamloops RCMP was served with the court documents Friday. The lawsuit names the Kamloops RCMP, the provincial and federal governments and two officers.

In the court documents, Anderson sets out how he was allowed by Health Canada to grow and possess marijuana due to a medical condition he suffered after a car accident.

Anderson was allowed to grow 49 plants for his own use.

In May 2009, police raided Anderson’s home and seized his marijuana — both live and dried plants — and all his growing equipment and lights, alleging he was producing more than allowed.

The court documents claim Anderson and his wife were strip searched and arrested. Anderson was detained overnight.

"During the course of the search, the plaintiff showed ( his licence ) to ( the officer ) and advised them that he required the marijuana for medical purposes and begged the officers not to destroy his ( growing ) operation," according to the civil notice of claim.

"They ignored him, and destroyed it any event." Anderson said as a result of the raid, he lost several proprietary strains he had developed himself that treated his pain symptoms while minimally affecting his "remaining faculties."

The lawsuit also alleges RCMP knew before their raid that Anderson was permitted to grow marijuana by Health Canada. The documents indicate Anderson’s licence allowed police or Health Canada inspectors the right to inspect his operations.

"At no time did the defendants introduce themselves, ask to see the licence or ask for permission to inspect the home," states the court documents, suggesting the RCMP’s investigation was negligent.

As a result of the search and seizure, Anderson suffered greatly from headaches. His psychological health also suffered as a result of the "negligent and malicious conduct of the defendants," the court documents state.

The lawsuit does not specify the amount of damages being sought, but criminal courts are commonly told one marijuana plant is capable of producing about two pounds ( one kilogram ) of bud worth about $2,000 on the street.

Anderson’s 49 plants could have produced more than $100,000 of marijuana. An ounce ( 28 grams ) of medical marijuana is sold by Heath Canada through its approved growers for $175.

A statement of defence has not been filed, and the allegations in the notice of civil claim have not been proved. It’s not known when the case will reach court.

MAP posted-by: Richard R Smith Jr.