Cautionary cannabis tale

If you’re growing your own weed, you need to read this.

A Revelstoke couple who opened their home to guests for a charity fundraiser have warning for people trying to legally grow their own cannabis in B.C.

Anna Minten and Emmanuel Levesque Dupere’s story has made headlines across Canada after they had their Revelstoke home raided by RCMP because their three cannabis plants were “visible to the public.”

Minten says five police officers in three cruisers showed up at their house with a search warrant, went through their home and their tenant’s suite, sheared the lock off their shed and cut down and confiscated their cannabis plants.

“Trust me, we are just as baffled as everyone hearing this story, which is why I feel it's so important to share it,” says Minten, adding she was surprised to find out cannabis plants have to be completely hidden.

“You need to read deep into Cannabis Act to find that lil loophole,” she says.

The Revelstoke Mountaineer first reported the story, and it has taken off: on Reddit, on CBC’s As It Happens, on The Globe and Mail, and many other media.

Hits at home

The whole debacle has had a personal impact.

I’ve been growing two little plants, named Betty and Boop. Living in a condo, my balcony is the best place I have to grow. I’ve tried to be respectful and discreet by growing only two of the four I’m allowed, keeping them small and tucking them away behind my other plants, including potted sunflowers and mint.

I’ve conformed to the Cannabis Act by buying the seeds legally from Tweed.

I realize now (much too late), after growing them from seed and enjoying their company for weeks, that if I leave them on my balcony, I’m technically breaking the law because they’re visible to my neighbours and their “invited guests” on private common property.

I admit to being naïve for not reading every bit of info I could find about laws specific to my home province. The laws are new.

That all said, had I been investigated by police for my plants, I would have appreciate some understanding and a warning — rather than having my place searched and potentially facing a $5,000 fine and three months in jail.

I’ve since given Betty and Boop to a new home because I can’t stomach the thought of being prosecuted for growing cannabis while trying to follow the law.

How it happened

The way the Revelstoke raid went down surprised and angered many.

An off-duty constable attended a local food bank fundraiser on July 28: the annual Revelstoke Garden and Art Tour. Minten had offered her home as part of the tour. While on her property with one of his family members, the police officer noticed the couple’s three plants, which didn’t sit well with him.

A few days later, police executed a search warrant on the home while the couple was out at dinner.

“Why they didn’t just come to tell us we had crossed a line of the new laws and to be more cautious, I don’t know,” says Minten.

“I do not break the law, I stop at every stop sign, and breath a zero for every breathalyzer.

“I’m struggling mentally knowing my house had uniformed unwelcome strangers going through my private space. I feel violated, heartbroken and deeply disappointed with our local RCMP.”

She says her actions were based on believing it’s legal to grow up to four plants — they had three — and sharing their growth with the curious.

“Praying the RCMP just apologize for their actions and we can all move on knowing that these new laws are not as pretty as they may seem,” she says.

Sticking to their guns

Publicly, police have been unapologetic in the face of overwhelming criticism. They issued a strongly worded statement, saying participants of the garden tour were exposed to “blatant violations” of Section 56 (g) of the Cannabis Control and Licensing Act.

RCMP say they say they seized cannabis plants and other items to support charges. The file remains under investigation.

“Unfortunately, the violations of CCLA by some of our residents has brought some negative light to Revelstoke and the Garden and Art tour,” says Cpl. Mike Esson of the Revelstoke detachment.

Police are expected to release another statement on the raid this week.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.