Judge Karl Bazin gave his ruling on Monday following the completion of drug trafficking trials this fall.
Daniel Lowenberg was facing two charges of possessing marijuana for the purposes of trafficking and one charge of possessing marijuana.
The first incident stems from March 10, 2012 when Lowenberg was found in his car. He had pulled over into the Affinity Place parking lot with a flat tire that afternoon when he was approached by police.
Lowenberg was carrying 119.4 grams of marijuana. He told police he had a licence to carry up to 90 grams of marijuana and was up front in telling police he had more than that. The card Lowenberg presented featured his photo but wasn't a licence because he didn't have one until a few weeks after the incident.
He was also found with $595 on him, which Bazin said was probably not out of the ordinary for Lowenberg, who doesn't generally use banks to handle his money and doesn't have a bank card.
Bazin noted a police witness during the trial said it wasn't common practice for medicinal marijuana users to carry the maximum allowed 90 grams. The judge said Lowenberg was still under the impression he was allowed to carry 90 grams at the time, and while he was carrying nearly 30 grams more than he would be allowed, it didn't necessarily mean he was selling the drug.
Bazin found Lowenberg not guilty of the first charge of trafficking but guilty of possession.
A second trafficking charge came six weeks later on May 2, when Lowenberg was found with 264 grams of marijuana and $1,900 in cash.
An off-duty police officer saw Lowenberg entering a known "drug house," said Bazin. The officer took down the licence plate of the vehicle Lowenberg arrived in and found that it was a reported stolen vehicle.
After following Lowenberg to a back alley, police arrested him for possessing stolen property. After a search, Lowenberg was found possessing the marijuana as well as scales and other drug paraphernalia. There was no charge of possessing stolen property that was dealt with during the trials.
"Unlike in the first trial, there is nothing to suggest (the marijuana) was for personal use," said Bazin in his decision.
A police witness testified at the trial the marijuana was worth as much as $5,280 at a high price range but was more closely valued in the range of $2,200 to $2,700, and it would be enough supply to last Lowenberg between two and a half to eight months if it were for personal use. At the time of his arrest, Lowenberg was authorized to carry up to 90 grams on him, but Bazin noted at 264 grams, he was possessing nearly three times what he was legally permitted.
Bazin found Lowenberg guilty of the second trafficking count during the appearance in Estevan provincial court.
The Crown prosecutor said he would be seeking jail time in his sentencing submissions while Lowenberg, who is representing himself, would be asking for a conditional sentence.
The matter was adjourned to Oct. 22 for sentencing submissions.
