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er of days of the sentence. The second column
gives the percentage of all those convicted (for
whom we have relevant data, as some were still
awaiting sentencing), and the third column reports
the cumulative percentage of those sentenced,
up to and including the number of days
indicated.
Most who were charged and convicted received
no jail time. In table 10, the first row indicates that
55 percent of convictions received zero days’ jail
time. Five percent of those convicted received a
single day in jail. Another 8 percent received sentences
between 1 day and 31 days, and still another
8 percent received 60 days. Some 11 percent
were sentenced to 90 days. Sentences for the remaining
11 percent were spread out from 120
days to 540 days.
A number of ingredients go into sentencing. For
the data available, the number of prior convictions
(of any type) and the size of the operation in
which the convicted person was caught appear to
be positively associated with the length of the
sentence, although it is clear that much more than
those factors must influence sentencing.
Statistical analysis reveals that an additional prior
conviction will increase the length of the sentence
by on average, a little over three and one-half
days. 42 Similarly, the value of the grow-operation
affects sentencing. A $100,000 increase in the imputed
value of the grow-op tends to add over 16
days to sentencing. However, what is equally interesting
is that these two variables—prior convictions
and the value of the operation—account
for only about 16 percent of the explanation of the
length of sentence. “Other factors” explain the
length of sentences associated with marijuana
grow-op busts. Whether this has to do with the
42 See appendix E for the statistical details of the analysis.
PUBLIC POLICY SOURCES, NUMBER 74
Table 10: Sentenced Jail Time
for Those Convicted in
Marijuana Grow-Operations
Days Percent
Sentenced
Cumulative
Percent
0 55.3 55.3
1 4.4 59.6
30-46 7.9 67.5
60-61 7.9 75.4
90 11.4 86.8
120 1.8 88.6
150 0.9 89.5
180 6.1 95.6
240 0.9 96.5
270 0.9 97.4
540 2.6 100.0
Total 100.0 100.0
Note: 114 observations.
Source: Wickstead, 2000a.
Appendix BCUC IR1 74.1
judge in whose court the case is heard, the prosecutor
who works the case, the defense counsel
who defends, or specific details of the case not
captured by our data, clearly more research has to
be done to reach an understanding of the reasons
for the observed durations of sentences.
As might be expected, cultivation and drug trafficking
were the majority of offences for which
there were convictions. Table 11 indicates the
range of days for those convicted of cultivation.
One half, 50 percent, received no jail time. Two received
540 days. All but a handful received 90
days or fewer as a sentence. Of course not all
these days are actually spent in jail since after
one-sixth of a sentence, roughly, a convicted person
is eligible for parole, and days in jail before
conviction count for two days served after conviction.
Marijuana Growth in British Columbia 24 The Fraser Institute