Canada-based Vincy fined $67 for importing ganja into SVG 

A Vincentian living in Canada who brought 131 grams of marijuana to St. Vincent and the Grenadines (SVG) in his suitcase has been fined EC$67.

Dillon Lavia, 57, paid the fines that Chief Magistrate Colin John handed down on him at the Serious Offences Court in Kingstown on Monday.

He pleaded guilty to charges that on April 4, at Argyle International Airport (AIA), he had in his possession 131 grams of cannabis for drug trafficking.
He further pleaded guilty to a charge that on the same date, also at AIA, he imported a controlled drug to wit 131 grams of cannabis. 

The facts, as presented by Corporal 572 Peters, are that on April 4, about 3 p.m., Customs Supervisor Smith was on duty at the Customs area of AIA. 

Lavia arrived at AIA and was summoned to the Customs counter. As part of the Customs routine, he was asked if he had anything to declare. He said, “No.” 

Lavia told the Customs officer that his checked luggage contained sanitary products for his mother. 

The customs office searched his luggage in his presence and found a plastic-wrapped package, which was found to contain plant-like material resembling cannabis. 

Lavia was questioned about its contents and he replied, “Is marijuana.”

Smith summoned Police Constable 1021 Thomas who was on duty at the airport.

The officer conducted a further search of the suitcase and found another plastic package containing plantlike material resembling cannabis.

Lavia was arrested and charged.

In mitigation, lawyer Ronald Marks noted that Lavia pleaded guilty at the first opportunity. 

He said Lavia has two two adult children and has been employed for several years in the manufacturing department of Air Canada.

Marks said Lavia came to SVG unexpectedly after his mother had a stroke.

He said Lavia is ordinarily resident in Ontario, Canada,  where marijuana has been decriminalised and residents allowances to grow cannabis.

“This is what he did. They are allowed four mature plants; he harvested two and that is where he got them from,” the lawyer told the court.

He said the marijuana was for Lavia’s personal use and he did not intentionally bring it to SVG.

“It was inadvertence that caused that in his haste to pack.

“One would ask, ‘Why bring marijuana to St. Vincent?’ or as my friends would say, ‘Why bring sand to the beach?'”

Marks said Thomas had commended Lavia for his politeness and candidness during their interaction.

He said his client spent one night in custody but was granted bail on Saturday. The lawyer asked that the court consider this when arriving at its sentence.

Marks said he was told that Lavia would have paid $150 Canadian for the marijuana, but he had grown it in his backyard. 

The lawyer said his client had apologised to the officer and was remorseful for his action.

“It has disrupted his vacation; he has all the stuff in the luggage for his mother,” the lawyer said, referring to the suitcase that was in court during the hearing.

Marks said the offence was a serious one, but it was a small quantity that was imported “by inadvertence, by carelessness”.

Meanwhile, in his submission on sentencing, the prosecutor, acting Sergeant of Police Shamrack Pierre noted the sentencing guidelines, saying Lavia’s offence was in the lesser category.

He, however, reasoned that Lavia must have had some awareness of the presence of the marijuana in his suitcase.

“The scent alone, that is so different from Vincy weed,” the prosecutor said. 

Pierre asked the court to begin with a value of EC$100 for the marijuana.

In handing down his sentence, John said that he had considered the sentencing guidelines and the facts of the case. 

For the trafficking offence, he fined Lavia EC$37 and charged him EC$30 for importation.

The magistrate ordered Lavia to pay the fines forthwith or spend three months in prison. 

The court also ordered that the cannabis be destroyed and Lavia other possessions returned to him.