Medicinal marijuana user mulls lawsuit after charges dropped

Crown prosecutors have decided not to pursue charges against a 62-year-old Pass Creek medicinal marijuana user who was arrested in February after Castlegar police raided her home and seized her growing equipment. Velma Mullaney is now considering suing the RCMP, according to her lawyer.

  • May. 18, 2011 7:00 a.m.

Crown prosecutors have decided not to pursue charges against a 62-year-old Pass Creek medicinal marijuana user who was arrested in February after Castlegar police raided her home and seized her growing equipment.

Velma Mullaney is now considering suing the RCMP, according to her lawyer.

“The first thing that’s she’s going to do is to retrieve her equipment,” Don Skogstad said on Tuesday.

“We’ll see where that leads.”

Skogstad said he learned on Friday that the Crown would not pursue charges, something he predicted would happen when he spoke with the Castlegar News last month.

At that time he said his client claimed police told her after they raided her home that they had counted 99 plants at the residence.

Mullaney has a licence from Health Canada to grow 49 marijuana plants and her boyfriend also has a licence for 49 plants, for a total of 98 plants between them.

“A one-per-cent error?” Skogstad said in an April interview with the Castlegar News. “Nobody’s going to charge her for that.”

Police would not say publicly exactly how many plants they found at the residence after executing a search warrant on Feb. 24.

Skogstad said he only handles criminal cases at the moment and would not represent Mullaney if she does decide to pursue a civil suit against the RCMP.