100 pounds of pot

Aylesford Mountain man sentenced to intermittent custody

Even “a good family man” can sometimes make mistakes.

Anthony Daniel Acker, 35, pleaded guilty in January to a charge of unlawfully possessing cannabis marijuana for the purpose of trafficking. A charge of unlawfully producing marijuana was withdrawn.

At his March 21 sentencing hearing, the court heard that the Aylesford Mountain man had been arrested and charged after police received a tip from a community member and acted on a warrant.

Crown prosecutor Bill Watts said that more than 100 pounds of marijuana were found at Acker’s residence and at Acker’s father’s home. Electric trimmers and two large blue barrels containing processed marijuana in Ziploc bags were also found.

Watts said Acker, who has no prior criminal record, told police that he was processing marijuana in a barn on his property and storing it at his father’s home. Police got a second warrant and searched his father’s property as well.

Acker admitted to smoking 20 grams of marijuana a day.

Defence Chris manning said his client, who describes himself as a “heavy user” of marijuana, was “surprised by the quantity he grew during a good growing season.” He said his client co- operated with police and told them about the marijuana he had at his father’s home.

Manning said there was no suggestion of commercial enterprise and no “score sheets” were found. He says the set of scales that police did find was primarily used in Acker’s hobby farm operation.

Manning said Acker is his family’s sole provider. He runs a logging business, a hobby farm and is currently running his father’s business as well. Acker is regarded as a “good community member,” Manning said, who does a lot to help his extended family, friends and neighbours. Acker is actively involved in his community.

“He is concerned and he is remorseful,” Manning said.

Sentencing

Judge Ronda Van Der Hoek said she is “concerned” that Acker is being asked to abstain completely from using non- medically prescribed drugs as a condition of his probation, considering the amount of marijuana he has admitted using.

“My client was not growing high potency,” Manning said. “Acker feels he can make those changes and live within the conditions.”

Van Der Hoek said Acker’s work record is impressive and she reads in that he is remorseful.

“I would describe you as a good family man,” Van Der Hoek told Acker.

She pointed out that his presentence report is “extremely positive.”

In accepting a joint recommendation, she sentenced Acker to 60 days of intermittent custody, to be served on weekends, beginning March 25 and continuing until the sentence is served. Acker was also sentenced to 18 months of probation.

The court imposed a mandatory 10- year firearm prohibition against Acker and a forfeiture order was granted for offence- related items seized in relation to the Controlled Drugs and Substances Act charge. Acker was also fined $ 200 in victim surcharges.