Marihuana Grow Operations
A marihuana home grow operation is best defined as an organized commercial criminal enterprise whereby the operators modify a house or building in order to grow large amounts of Marihuana.
Sophisticated and significant structural changes are made in order to supply light, water and ventilation to the plants. These changes may make the house uninhabitable for any future residents without major repairs.
Home grow operations are found in all types of neighbourhoods. In fact, large homes are preferred because they provide a large grow capacity.
Resources
Powerpoint Presentation on Marihuana Home Grow Operations ( 17MB )
Pamphlet on Marihuana Home Grow Opeations ( 1.5MB )
Previously Discovered Home Grow Operations within the City of Guelph
In February 2006, the Information and Privacy Commissioner (IPC) issued an order [MO-2019] requiring that the York Regional Police Services Board release specific information to the media regarding marihuana grow houses. The IPC indicated that the police should release the following information: the date, the occurrence number, the property addresses of grow house seizures, the charge laid and the money and drugs/plants seized.
The IPC determined that this information did not constitute an unjustified invasion of personal privacy. Moreover, even if there was some personal information the IPC indicated that it would nevertheless order the disclosure of this information based on the public interest override (section 16). The tribunal stated that:" I find that there is a public interest in disclosure, that it "rouses strong public interest or attention" and is therefore compelling and that it outweighs the purpose of the personal privacy expectation for this information."
Furthermore, the Provincial Government enacted Bill 128 in 2005 and a section relating to marijuana grow-houses came into effective on August 1, 2006 that amends the Municipal Act, 2001, as follows:
Municipal Act, 2001
11. The Municipal Act, 2001 is amended by adding the following section:
Inspection of buildings containing marijuana grow operations
431.1 (1) If the clerk of a local municipality is notified in writing by a police force that a building located on land in the local municipality contained a marijuana grow operation, the local municipality shall ensure that an inspection of the building is conducted within a reasonable time after the clerk has been notified.
Action to be taken
(5) Upon conclusion of the inspection, the person who conducted the inspection shall take whatever actions he or she is authorized by law to take in order to make the building safe and otherwise protect the public.
Therefore, the Guelph Police Service, based on the order and the provincial legislation, has decided to place this information on its website for the protection of the community.