The trading future of Tauranga's Switched on Gardener is uncertain after the company's owner and general manager received jail sentences today.
Staff at the Tauranga store on Cameron Road, which is one of 16 Switched on Gardeners stores nationwide, are uncertain about the future, and are refusing to talk about it today.
Tauranga's Cameron Road Switched on Gardner store is in jeopardy after the company's directors were sentenced to jail time today.
SOG owner Michael Quinlan, 53, has been sentenced to four years and three months jail, while general manager Peter Bennett 43, received a sentence of three years and nine months from Judge Andree Wiltens in Auckland District Court today.
The men were found guilty in December of supplying equipment for cultivating cannabis. They were found not guilty of being part of an organised criminal group.
Police raided Switched on Gardener stores in April 2010, arresting more than 250 people.
Stores in Auckland, Tauranga, Hamilton, Taupo, Hastings, Upper Hutt, Wellington, Nelson, Christchurch and Dunedin were included in the indictment.
The raids followed an undercover operation targeting the stores selling hydroponic growing equipment, fertilisers made for cannabis and marijuana pipes.
Quinlan and Bennett were found guilty of 16 representative charges of supplying equipment or material capable of being used for the cultivation of cannabis at their stores throughout the country.
On one of the charges, relating to the Glenfield store, Quinlan was found not guilty but his companies, Stoneware 91 and Hydroponics Wholesalers, were found guilty and fined $125,000.
Business manager Ricky Cochrane, distribution manager Andrew Mai and South Island manager Paul Barlow were earlier found not guilty on all charges.
The Crown is seeking all shares in Stoneware 91, Switched on Gardener's trading company, and Hydroponic Wholesalers, the company that supplies its equipment.
The application for forfeiture of assets is running alongside a bid by the Crown to seize Quinlan's million-dollar properties in Gulf Harbour and Queensland and almost $190,000 in cash.
Stoneware 91 is estimated to be worth $1.5 million by the company accountant.
Under the Sentencing Amendment Act, made law last September, property can be forfeited if considered an "instrument of crime", although a judge can decline the application if the seizure would cause undue hardship to offenders, or their families.
The law also means a judge must take into account the financial loss and consider a lighter sentence or discharge.
If the Crown's application is successful, the assets will be transferred to the Official Assignee.
NZ Drug Foundation CEO Ross Bell says the law regarding drug paraphernalia is a farce.
In 2011, the Law Commission recommended that it no longer be an offence to possess utensils for the purpose of using drugs.
Its report says there are a wide range of drugs that can be taken without the assistance of utensils, or with utensils that are widely and legally available, making the offence virtually irrelevant in many cases.
Criminalising the possession of utensils also deterred safe drug use, creating more harm.
Mr Bell said such utensils, such as bongs and vaporisers, made smoking cannabis less harmful and their accessibility didn't really make an impression on young people.
The Switched on Gardener case is an interesting one says Ross, because the stores operated for many years without police intervention.



3 comments
Legal v Illegal
Posted on 30-04-2013 17:36 | By Sambo
how come a 14 x time convicted drink driver gets 18 months jail for ingesting a legal substance, with the many times potential to kill or maim, and someone gets 3 years for selling compost, and tools to aid the growing of an illegal substance, with the potential to do ????????, is the legal system smoking something illegal here.
Wtf.
Posted on 01-05-2013 06:29 | By The author of this comment has been removed.
This is bull. The justice system is stupid! Cannabis is the least of our concerns in the society at the moment. How about focusing on getting that synthetic cannabis off the shelf instead of targeting good people just trying to make a living! Switched on gardener staff are all lovely! Instead of the justice system chasing after cannabis related crime, go get the crackheads out there. Waste of taxpayer money!
cant agree more with legal v illegal
Posted on 01-05-2013 13:48 | By rmz450
its not like they are selling p pipes like other shops and do you c them getting done ????? shouldn't the NZ police target the warehousethey sell potting mix and lights!!!! very unfair
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