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Posts Tagged ‘Marc Emery’

Plea deal for Canada’s Prince of Pot falls apart

Monday, March 31st, 2008
Plea deal for Canada’s Prince of Pot falls apart | Canada | Reuters
VANCOUVER, British Columbia (Reuters) - Canada’s “Prince of Pot” believes the Canadian government wants to punish him by blocking a plea deal with U.S. authorities, who want him to face charges of selling marijuana seeds from his Vancouver store to American customers.

Canada refused to go along with Marc Emery’s deal with U.S. prosecutors to plead guilty in return for the United States dropping charges against two co-accused and allowing him to serve most of the sentence in a Canadian prison, the marijuana activist said on Friday.

The B.C. Marijuana Party founder said Prime Minister Stephen Harper’s Conservative government is pursuing a get-tough policy on drug use and is upset by his long-running campaign for marijuana legalization.

“They want to make an example out of me,” Emery told CKNW radio in Vancouver. “They just don’t like me.”

Emery was arrested in 2005 at the request of U.S. officials for allegedly selling millions of dollars in seeds to U.S. buyers, mostly by mail-order, from the seed business he operated openly in Canada for years.

A U.S. Drug Enforcement Agency statement in 2005 hailed Emery’s arrest as blow to the “marijuana legalization movement” and cited his financial support of pro-pot groups in Canada and the United States.

Emery is also charged with money laundering, but he says he can prove he declared all his earnings to Canadian tax officials and gave most of the profits to charities and political candidates.

He is scheduled to appear in a Vancouver court next month, with an extradition hearing likely to start late in the year.

The Marc Emery case shows just how crazy the international War on Marijuana has become.  Emery was openly operating his seed business from a storefront in Vancouver, BC.  The Canadian government could have shut him down and arrested him at any time; instead, Health Canada was actually recommending his business to their medical marijuana patients.  Emery’s been paying federal and provincial taxes the whole time; the Canadian government certainly didn’t object to that.

But now the US DEA wants to make an example of him and demands extradition from Canada so he can face a potential life sentence under the mandatory minimums for being a drug kingpin.  To the Americans authorities, every seed he ever sold is treated as a full-grown plant.

This was unacceptable to the Canadians, because under their laws, Emery would be facing a punishment far less severe.  The Canadians rightfully saw turning Emery over to the Americans to be a cruel and unjust punishment.

So the Canadians and Americans negotiate this plea deal - Emery will accept a ten year sentence from the American courts, in exchange, Emery’s two co-defendents will be set free.  Also, five years of the sentence will be suspended, and Emery will serve only the first 45 days in an American prison before spending the remainder of his five years in a much safer and more comfortable Canadian prison.

However, now that plea deal is denied, not because the Americans thought it was too lenient, but rather because the Americans were insisting that there be no early release from prison for Emery’s five year sentence.  Canadian law forbids a judge from imposing such a guarantee, so Emery is in this strange situation where Canada can’t agree to the five year prison sentence they want and he volunteered to serve, and Canada may end up shipping him to the US for life in prison.

Did I mention that this is a guy who sells plant seeds for living?

©2008 NORML Foundation

Snag in deal by U.S and Canada’s Prince of Pot

Friday, March 7th, 2008

Snag in deal by U.S and Canada’s Prince of Pot | Politics | Reuters
VANCOUVER, British Columbia (Reuters) - A deal to resolve the extradition fight between Canada’s “Prince of Pot” and U.S. drug authorities has hit a snag, the marijuana activist said on Wednesday.

The United States wants to extradite Marc Emery — who founded a political party and campaigned across Canada to legalize pot — on charges he illegally sold marijuana seeds from his Vancouver store to American buyers.

Emery tentatively agreed with U.S. prosecutors in January to plead guilty in return for the charges being dropped against two other defendants and he being allowed to spend the bulk of a 10-year sentence in Canada.

Canada must also approve the deal, but its prosecutors say a Canadian judge cannot be ordered to impose a U.S. prison sentence of no release for at least five years that is stricter than Canadian law requires.

“The Canadian government says that’s not legal in Canada … and so Justice Department in the United States says the deal is not possible because the Canadians are not playing ball so to speak,” Emery told reporters.

Emery was in court in Vancouver on Wednesday to set a date for his extradition trial, but a judge agreed to postpone the hearing until April 19 to allow his lawyers, U.S. and Canadian prosecutors to continue negotiating.

Emery said he will fight extradition if a deal is not reached.

Emery has accused Canadian police of bowing to U.S. political demands by arresting him in 2005, since his activities were well-known and tolerated in Canada — where he even paid taxes on his seed sales.

It’s bad enough that the US anti-marijuana policies create huge injustice in our own country. What’s more troubling is that our superpower status has made it possible to overtly manipulate other governments into committing anti-marijuana injustices.

©2008 NORML Foundation
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