Man sentenced to 26-month term for fentanyl-laced heroin | News

A Kelowna man has been sentenced to just over two years in jail for selling fentanyl-laced heroin to an undercover police officer.

On Feb. 16, 2017, an undercover officer approached James Robert Schneider and asked for a point of heroin, which is 0.1 grams.

Schneider said he could do “20 no problem” and asked the officer to follow him.

Schneider sold the officer 0.2 grams of heroin.

He then gave the officer his phone number and rode off on his bicycle.

The substance was determined to be a combination of heroin and fentanyl.

Schneider was arrested on March 8, 2017, and remained in custody until he was released on bail Sept. 6, 2017.

He has been living at a recovery centre in Surrey since his release.

His defence lawyer argued for a two-year suspended sentence, saying Schneider has taken positive steps to improve himself since his arrest.

The Crown argued for a three-year jail sentence.

In his recent decision, B.C. Supreme Court Justice Gordon Weatherill said he agreed with the Crown that denunciation and deterrence are paramount considerations in this case, especially when fentanyl is involved.

“A person cannot go around the streets trafficking fentanyl-laced heroin, even at low levels, and expect to get much sympathy from the courts,” he said.

Weatherill referenced the numerous deaths that have occurred because of the deadly drug.

“The numbers are increasing, despite everyone’s knowledge that fentanyl is a deadly substance.”

Weatherill said Schneider was a relatively low-level drug dealer, but he had the ability to acquire a variety of illicit drugs and distribute them to the community.

“To date, Mr. Schneider has not contributed much to society, if at all,” said Weatherill. “At some point, a person must start to take responsibility for his or her behaviour. While I understand that his troubles led to drug addiction, which in turn led to his decision to traffic drugs, the fact remains that he chose to sell fentanyl-laced heroin to others when he knew, or ought to have known, that it was extremely deadly.”

Weatherill said he was satisfied Schneider had taken meaningful steps to put the past behind him.

“I accept that he is trying hard and is doing well with recovery,” he said. “Had it not been for Mr. Schneider’s significant rehabilitation steps, I would have had no trouble sentencing him to at least three years’ incarceration. People who are engaged in trafficking fentanyl must understand they will be facing a lengthy jail sentence.”

Weatherill sentenced Schneider to 26 months in jail, followed by two years’ probation.

With credit for time served, he has around 20 months left to serve, which he will serve in a provincial institution.