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Judge gives pot addict last chance
By: Jane Sims, London Free Press (CN ON), 10-17-04

A chronic marijuana user, whose illegal basement grow operation was found after a house fire two years ago, has been given a last chance by a judge to "get a life." Superior Court Justice Chester Misener quoted John Millen's own phrase, contained in a pre-sentence report, several times during the sentencing for marijuana production.

Misener opted to give the London man, who had earlier pleaded guilty, an 18-month conditional sentence over a federal prosecutor's request for six months of jail time.

His reasons, he said, were based on Millen's pledge to seek help for his addiction.

"I'm more than willing to do anything I can," Millen said before being sentenced.

That "glimmer of hope," Misener said, is enough to put some faith in the man, who has previous drug convictions, to become "a productive member of society," rather than lock him up without rehabilitation.

"I readily recognize the odds are I'll fail or Mr. Millen would fail," Misener said. "If he succeeds, I have done for society a greater service than sentencing him to six months in jail."

Millen, 36, a pot addict since he was a teen, was charged after a fire at his home started when a power bar on the second floor shorted out.

Firefighters doused the flames, but police discovered 250 healthy marijuana plants growing in the basement.

He had previous drug convictions -- all involving pot -- from 1987, 1988 and 1998.

His most recent conviction had been a trafficking charge.

In all cases, he was fined.

Misener pointed out the grow operation was not part of any sophisticated commercial scheme, which in recent cases have led to long jail terms.

His was a personal-use crop, with some extra to supply friends. Misener said it was "equivalent to a corner store," compared to a giant grocery store.

Federal prosecutor Ted Madison argued home-grow operations are becoming a significant danger and have been causes of some suburban fires.

While Millen's fire wasn't sparked by hydroponics, the fire marshall commented that the wiring was "obviously not done by a licensed electrician," Madison said.

Misener noted Millen had an unenviable work record and "the simple fact of the matter is he hasn't made much of his life."

He ordered the first nine months of his conditional sentence be strict house arrest, with conditions loosening during the second half.

He also ordered Millen complete 150 hours of community service and to take drug counselling.