Marc Emery is in Jail for His Politics, Not His Pot Seeds

We've been over this before, but as Marc Emery begins his journey through the American criminal justice system, I want to make sure everyone understands exactly why this is happening. It isn't because he sold lots of pot seeds and mailed them to customers in the United States. He did that, but it isn't what got him in trouble. Marc Emery was targeted for his marijuana reform advocacy and former DEA Administrator Karen Tandy even bragged about it:

"Today's arrest of Mark (sic) Scott Emery, publisher of Cannabis Culture magazine and the founder of a marijuana legalization group, is a significant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also to the marijuana legalization movement."
…
"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 Canada. Drug legalization lobbyists now have one less pot of money to rely on." [Seattle Post-Intelligencer]

It's important to remember this and not get caught up on the fact that, ya know, Marc Emery sold massive amounts of marijuana seeds to Americans. This is absolutely not about selling seeds. As Paul Armentano helpfully points out, you can still order marijuana seeds from Canada. Easily.

All we've accomplished is carving out a bigger market share for Emery's competitors, so there really isn’t even any debate to be had about whether the substance of the specific criminal charges had anything to do with the decision to extradite him and keep him in an American prison for several years at the expense of U.S. taxpayers.

Today, Marc Emery's persecution provides nothing other than an ugly monument to the divisive drug war politics of the Bush era. This is the legacy that John Walters and Karen Tandy leave behind (remember it was Tandy who took down Tommy Chong as well) and it won't soon be possible for us to forget the infinitely vindictive and infantile behavior that characterized the bosses of Bush's drug war.

Yet, I truly believe that the attack on Marc Emery is symptomatic of the very same unhinged, frothing hysteria that has ultimately brought great shame on its authors and irrevocably reframed the drug war debate around the world. Bush's drug warriors destroyed their own credibility by constantly trying to get their names in the paper and, in the process, dealt a tremendous blow to everything they stood for. By the time Marc Emery is released from prison, this will probably be a lot more obvious to everyone than it is today.