SOMBA K'E/YELLOWKNIFE
A short text message exchange between Craig MacNearney and another man is the Crown's main evidence that the pot-growing couple was trafficking their marijuana.

Kim MacNearney, charged with marijuana production and trafficking, is facing a judge and jury in Supreme Court this week with her husband Craig. - NNSL file photo

In the conversation, a man asks for "green meds" and appears to offer a cordless drill in exchange. The text messages are the Crown's only evidence of a marijuana deal taking place between the MacNearneys and a third party. RCMP were unable to find any other messages on Craig's phone possibly related to drug trafficking.

Kim and Craig MacNearney were arrested in February 2009 after marijuana plants were found in their home on Norseman Drive. The couple, both charged with marijuana production and trafficking, are before a judge and jury this week.

An RCMP marijuana expert testified Monday and Tuesday he believed the MacNearneys were trafficking at least some of the product they were growing. Sgt. Lorne Adamitz, a 25-year veteran of the force, said he's attended more than 400 marijuana grow operations, some with up to 10,000 plants.

"They had a very unsophisticated grow operation," Adamitz said of the MacNearneys' plants.

"The person was learning as they were going."

Adamitz noted the MacNearneys used soil to grow their marijuana, as well as a "two-stage" growth process - meaning they would produce less than someone using hydroponics and/or a three-stage growth process - though Adamitz added he believed the MacNearneys were improving their methods and had switched to a three-stage process.

Using written growth records found in the home, Adamitz testified the MacNearneys harvested 76 marijuana plants between January 2008 and February 2009.

Standing during his hours of testimony Monday and Tuesday, Adamitz pulled out a calculator in the witness box, crunched the numbers and estimated the MacNearneys would have accumulated 2,861 grams of marijuana from their harvest.

Though marijuana can be preserved for more than a year, Adamitz felt the MacNearneys' crop might have had a shelf life of only two to four months, due to their rudimentary storage techniques.

"The amount produced exceeded how long that marijuana would keep its desirable characteristics," Adamitz said.

Adamitz determined a heavy marijuana user would need two grams a day, meaning the MacNearneys would have had enough to last them two years.

During cross-examination, defence lawyer Alison Crowe pointed out Kim is now prescribed 12 grams of marijuana per day and is allowed to have 360 grams in her possession. She added Craig recently obtained a licence to grow 59 marijuana plants at a time - nearly three times what the couple was arrested for. Kim testified yesterday that no plants are currently being grown.

"Does that cause you to alter your opinion on consumption patterns?" Crowe asked

"If that's what they're allowed, that's what they're allowed," Adamitz replied, questioning how those numbers were determined.

Crowe asked Adamitz if he wondered why there were no electronic scales or cash - often found in trafficking operations - in the MacNearney home.

"It's relative to the scale of the operation," Adamitz replied. "I said some of the marijuana is being diverted."

Crown prosecutor Ryan Carrier asked Adamitz why he felt the MacNearney's marijuana was a "commercial venture."

Adamitz said four factors helped him come to his determination: the amount of marijuana seized, the notations and grow records found in the home, the fact the MacNearney's used a "crop-sitter" to look after the plants while they were away and the text message exchange on Craig's phone.Adamitz added he felt the text messages were the most significant evidence pointing to a trafficking operation.

"To me, that's an exchange."

Adamitz was the second and last Crown witness. The trial has since shifted to defence. Crowe said Craig and Kim plan to testify. She'll also call the doctor who gave Kim her marijuana licence, as well as her own marijuana expert to the witness box.

The trial is scheduled to continue into next week.

Fact file

Text Message

trafficking?

Robert: "You got any meds you can spare?"

Craig: "Green meds?"

Robert: "Yea the kind that soothes the soul."

Craig: "Sure."

Robert: "Do you have any need for a cordless drill? I have an old (Canadian) Tire drill if you want."

Robert: "On my way."

Craig: "I'm at the (grocery) store. Kim will hook up."

Source: Text message log read into court record

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