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Canada

Feature: Marc Emery Jailed in Canada Pending Extradition to US

Canadian "Prince of Pot" Marc Emery turned himself in to Canadian authorities Monday and is in custody in Vancouver pending extradition to the United States.

Free Marc Emery!! Canada's Prince of Pot Has Begun His Journey Into America's Gulag

Marc Emery is no longer a free man. Canada's Prince of Pot was taken into custody today. He turned himself in at the BC Supreme Court in Vancouver, and is now jailed in Vancouver awaiting imminent extradition to the US, where he is set to plead guilty to one count of marijuana distribution for selling pot seeds over the Internet.

Emery is expected to be sentenced to five years in federal prison in the US for his seed sales. He sold millions of seeds in the decade prior to his 2005 arrest and became a leading hemispheric advocate for marijuana legalization, using the profits from his seed sales to fund reformers across the continent.

He also called out then drug czar John Walters for lying about marijuana and interfering in Canadian domestic politics, leading then DEA head Karen Tandy to issue this press release lauding his arrest as a blow to the legalization movement:

Today's DEA arrest of Marc Scott Emery, publisher of Cannabis Culture Magazine, and the founder of a marijuana legalization group -- is a signficant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also to the marijuana legalization movement.

His marijuana trade and propagandist marijuana magazine have generated nearly $5 million a year in profits that bolstered his trafficking efforts, but those have gone up in smoke today.

Emery and his organization had been designated as one of the Attorney General's most wanted international drug trafficking organizational targets -- one of only 46 in the world and the only one from Canada.

Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization groups active in the United States and Canda. Drug legalization lobbyists now have one less pot of money to rely on.

Can you say politically motivated? I knew you could.

One American attorney familiar with his case told me this weekend that Emery could have fought the prosecution and sought to have shown that it was unlawfully politically motivated, but that Emery and his Canadian legal team didn't want to take that risk. That's understandable, given that Emery was looking at decades or even life in prison if he lost.

Now, America's legions of unknown marijuana martyrs are being joined by one very big name. Let's hope that Emery's unjust imprisonment turns a spotlight on the hideousness of a US federal legal system that turns a blind eye to torture but cages a man for selling pot seeds.

The Vancouver Sun's Ian Mulgrew sums it up nicely in an op-ed piece entitled Marc Emery's Sentence Reeks of Injustice and Mocks Our Sovreignty:

After two decades as Canada's Prince of Pot, Marc Emery will surrender himself today in B.C. Supreme Court and become the country's first Marijuana Martyr.

Emery will begin serving what could be as long as five years behind bars as Uncle Sam's prisoner for a crime that in Canada would have earned him at most a month in the local hoosegow.

It is a legal tragedy that in my opinion marks the capitulation of our sovereignty and underscores the hypocrisy around cannabis.

Emery hasn't even visited America but he was arrested in July 2005 at the request of a Republican administration that abhorred his politics.

He is being handed over to a foreign government for an activity we are loath to prosecute because we don't think selling seeds is a major problem.

There are at least a score of seed-sellers downtown and many, many more such retail outlets across the country.

In the days ahead, once the federal justice minister signs the extradition papers, Emery will be frog-marched south to Seattle where his plea bargain will be rubber-stamped and he will be sent to a U.S. penitentiary.

For comparison, consider that the B.C. Court of Appeal last year said a one-month jail sentence plus probation was appropriate punishment for drug and money-laundering offences of this ilk.

The last time Emery was convicted in Canada of selling pot seeds, back in 1998, he was given a $2,000 fine.

There's more at the link above, but you get the gist. Mulgrew, of course, is right on the money. The Canadian government has shamefully failed to protect one of its citizens from the crazed drug war machine south of the border, and the US government is shamelessly imprisoning yet another non-violent pot person--this time mainly to shut him up.

We should demand that Marc Emery and all other marijuana prisoners be immediately released. Short of that, we should, as Emery requests, demand that he be allowed to serve his time at home in a Canadian prison.

Feature: Prince of Pot Marc Emery on Farewell Tour As US Prison Term Looms

Canada's Prince of Pot, Marc Emery, has less than a month of freedom remaining before he heads to the US border to be handcuffed and escorted to federal court in Seattle, where he will accept a ple

Canada: In Marijuana Grow Case, Alberta's Top Court Rules Police Use of Power Recording Device Violates Privacy Rights

In a 2-1 decision last Friday, the Alberta Court of Appeals ruled that Calgary police violated Canadian privacy protections when they persuaded a utility company to attach a device to create a record of electricity usage in a home where they suspected marijuana was being grown. The case is Crown vs. Gomboc.

Daniel James Gomboc was arrested and convicted of marijuana cultivation after Calgary police on another call noticed his home showed signs that a marijuana grow was taking place. After spotting suggestive evidence, Calgary police then went to the utility provider Enmax without a warrant and persuaded it to attach a digital recording amp-meter (DRA) to Gomboc's home. The meter monitored Gomboc's power usage for five days, and police used the results to obtain the search warrant that resulted in his arrest and subsequent conviction.

Gomboc appealed his conviction, arguing that the warrantless use of the DRA violated his privacy rights under the Charter of Rights and Freedoms. The Alberta appeals court agreed, overturning his conviction and ordering a new trial. That new trial will take place without any of the evidence seized under the search warrant based on the DRA information.

"It has been famously said that 'the state has no business in the bedrooms of the nation,'" wrote Justice Peter Martin. "The actual prohibition is much broader: in our society, absent exigent circumstances, the state has no business in the homes of the nation without invitation or judicial authorization."

Martin added that the expectation of privacy extends beyond the simple information-gathering on the timing and amount of electricity used to the behavior of utility companies. "It is also objectively reasonable to expect that the utility would not be co-opted by the police to gather additional information of interest only to police," wrote Martin. "Indeed, I expect that the reasonable, informed citizen would be gravely concerned, and
would object to the state being allowed to use a utility to spy on a homeowner in this way."

The decision could be a precedent that will lead to more reversals, Gomboc's attorney, Charlie Stewart, told the Calgary Herald. "It's interesting to think of all the people who have pleaded guilty or been convicted under these circumstances," said Stewart. "It's a question of the legitimacy of the search."

Feature: Heroin More Effective Than Methadone for Some Addicts, NAOMI Study Reports

In a report that was actually completed last October but not published until this week in the New England Jo

"Prince of Pot" -- Last Stop of Cross-Canada Farewell Tour

2009/08/10 - 7:00pm

After flouting marijuana laws in this country for two decades, The Prince of Pot, Marc Emery, is rallying his supporters before he’s locked up in a Seattle jail this fall.

Capitol Theatre
421 Victoria Street
Nelson, BC
Canada
See map: Google Maps
Drug War Issues Marijuana Policy
Politics & Advocacy Canada

Feature: In Bold Step Backward, Canadian House of Commons Passes Mandatory Minimum Drug Sentencing Bill

Bowing to the wishes of Canadian Prime Minister Stephen Harper, Liberal Party Members of Parliament (MPs) joined Monday with Harper's Conservatives to pass the controversial

Canadian House Passes Anti-Crime Bill With Mandatory Minimums for Pot, Other Drug Offenses

The Canadian House of Commons today passed the Conservative government of Prime Minister Steven Harper' C-15 crime bill, which will institute mandatory minimum sentencing for some marijuana and other drug offenses. The vote, in which after dilly-dallying for days, the opposition Liberals joined in, came despite hearings in which no witnesses favored such a tough on crime approach north of the border.

It's not a done deal yet. The bill must still be approved by the Canadian Senate, which issued a report several years ago calling for the government to head in the opposite directoin. But the Senate, which is appointed, is not known for bucking the government and the House of Commons.

That the Liberals buckled for fear of being "soft on crime" and supported the Conservatives in this giant step backward is disappointing but not surprising. Oh, Canada! Once we looked to you for a progressive example on drug policy.

I will be writing about all this for the Chronicle later this week, as well as focusing on our other border with a feature article on the Obama administration's new initiative to thwart the Mexican so-called drug cartels.

Canada: New Heroin Maintenance Pilot Program to Get Underway Later This Year

Despite fighting in the courts to shut down Insite, Canada's only safe injection site, Canada's conservative federal government is providing fundi

Canada: Supreme Court Clarifies Asset Forfeiture Law, Allows Graduated Sanctions

In its first review of Canada's asset forfeiture laws, the Canadian Supreme court ruled last Friday that the government could not seize the home of a Vancouver woman who grew marijuana there.

Support for Marijuana Legalization is Huge in Canada

Duh. Still, I was intrigued by the way they framed the question:

The majority of British Columbians think the legalization of marijuana would reduce violence related to the drug trade, an Angus Reid Strategies poll suggests.

Sixty-five per cent of the respondents would legalize marijuana in order to minimize violence, while 35 per cent think harsher penalties for marijuana trafficking are the answer. [Vancouver Sun]

This question could be criticized for putting words in the respondents' mouths. Still, it's notable that, given a choice, so many opted to conclude that violence is a consequence of prohibition. Once that concept is understood, the whole idea of a war on drugs pretty much falls apart.

Marijuana: Marc Emery Associates Plead Guilty in Seattle, Face Canadian Probation

After striking a deal with federal prosecutors, two employees of erstwhile Vancouver pot seed entrepreneur, continuing marijuana legalization activist and

Canada: Provincial Court Rules Ontario Benefits Law Discriminates Against Alcoholics, Drug Addicts

An Ontario law that bars alcoholics and drug addicts from receiving long-term disability benefits violates the provincial Human Rights Code, the Ontario Divisional Court

Canada: Victory for Patients as Supreme Court Refuses to Hear Government's Medical Marijuana Appeal

The Canadian federal government's monopoly over medical marijuana production is now officially history.

Canada: With Conservative Government Pushing Tough Crime Package, Liberal MP Responds With Marijuana Decriminalization Bill

The Conservative government of Canadian Prime Minister Stephen Harper has introduced a crime and drugs package it had hoped to quickly push through Parliament, but with opposition, the Liberals sta

Press Release: MP Keith Martin Introduces bill to decriminalize marijuana

FOR IMMEDIATE RELEASE: April 1, 2009
CONTACT: Dr. Keith Martin at MartiK@parl.gc.ca or 613-996-2625.

Liberal Health Promotion Critic Keith Martin Introduces Bill to Decriminalize Marijuana

OTTAWA - Tomorrow, Liberal Health Promotion Critic MP for Esquimalt-Juan de Fuca, Dr. Keith Martin, will stand in the House to introduce a bill to decriminalize marijuana.

"The "war on drugs" approach, characterized by zero tolerance, has been a complete failure. It has not reduced the rate of violent crime or drug use, nor has it saved money or lives. To realize meaningful change on our city streets, we must decriminalize the possession of small amounts of pot. This will cause drug abuse to be addressed in the public health system, rather than through the courts. It will sever the connection between organized crime and drug users. This bill is bad news for criminal gangs because it would collapse of the demand for drug products," said Dr. Martin.

Dr. Martin has worked as a doctor in detox programs and has seen firsthand the effectiveness of harm reduction structures such as decriminalization and drug substitution programs. His Private Member's Bill would introduce fines for the possession of 30 grams or less of marijuana instead of criminal charges.

Nationwide studies and House Committees have found that federal drug and crime policies are not working to reduce drug trafficking and they overwhelmingly point to this course of action. Drugs and drug trafficking would still be illegal, but drug users would be brought into the public health system instead of being tried in court and sent to jail, where users often come out dependant on more serious drugs. Additionally, the monies now allocated to law enforcement for possession of small amounts could be redirected to youth awareness programs and public policies that discourage drug use.

"In the medical profession our first principle is 'do no harm'. We are actually doing terrible harm if we continue to address substance abuse uniquely as a criminal issue from the federal level. The blinders have to come off; we have to take a medical perspective if we are going to turn this thing around."

Dr. Keith Martin is the Member of Parliament for Esquimalt - Juan de Fuca and the Health Promotion Critic for the Liberal Party. He is a physician who worked in detox, and alcohol and drug rehabilitation centers for 14 years.

-XXX-

Resolving Marijuana Prohibition

2009/03/28 - 12:00pm
2009/03/28 - 4:00pm

Marc-Boris St-Maurice, Executive Director of NORML Canada (National Organization for the Reform of Marijuana Laws), Director of the Montreal and Quebec City Compassion Centers is embarking on a nation

Dalhousie Student Union Building, Room 303
6136 University Avenue
Halifax, NS
Canada
See map: Google Maps
Drug War Issues Marijuana Policy
Politics & Advocacy Canada

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