'Prince of Pot' pleads guilty to federal charge

By Terrapinzflyer · May 25, 2010 · ·
  1. Terrapinzflyer
    'Prince of Pot' pleads guilty to federal charge

    (CNN) -- A man known as Canada's "prince of pot" pleaded guilty Monday in a deal with prosecutors that could send him to prison in the United States for five years.

    Marijuana activist Marc Emery pleaded guilty in U.S. District Court in Seattle, Washington, to a single count of conspiracy to manufacture marijuana following an 18-month investigation into the seed-selling business Emery operated from his head shop in Vancouver, British Columbia.

    U.S. District Court Judge Ricardo Martinez scheduled Emery's sentencing August 11. At that time, the judge has the choice of accepting or rejecting the plea agreement, said Emery's Seattle-based attorney, Richard Troberman.

    "Based on comments the court has made. I have every reason to believe he will follow the plea agreement," Troberman told CNN.

    Emery, 52, was brought to the United States last week. Canada's justice minister signed an extradition order May 10 that left the outspoken libertarian with little choice after years of fighting extradition.

    "Marc has never been afraid to face the music," said Emery's wife, Jodie. "He's spent most of his life breaking laws he considers unjust to demonstrate they're unjust. He'll go to jail to prove how absurd our drug laws are."

    The plea comes nearly five years after Emery was arrested in Halifax, Nova Scotia, where he says he was the guest speaker at the Maritimers Unite for Medical Marijuana festival. He was accused of selling marijuana seeds to customers in the United States.

    The same day, Emery wrote on his website, DEA agents raided his head shop in downtown Vancouver, where he sold bongs, pipes and books. He also produced the magazine Cannabis Culture and ran an Internet portal, Pot-TV.

    The head shop was the headquarters of Emery Direct Seeds, the target of the DEA's 18-month undercover investigation. During the investigation, according to court documents, agents bought seeds from Emery's business over the internet and in person.

    Investigators also traced his product to illegal growing operations in several states, the U.S. Attorney's Office said in a July 2005 news release.

    A statement issued by the DEA in 2005 after Emery's arrest suggested that he was targeted for his activism, with DEA Administrator Karen Tandy touting his capture as a "significant blow not only to the marijuana trafficking trade in the United States and Canada, but also to the marijuana legalization movement."

    Tandy described Emery as one of 46 of the U.S. attorney general's most wanted international drug traffickers and the only one from Canada, with his "marijuana trade and propagandist marijuana magazine" generating nearly $5 million in profits.

    Emery and two of his employees were each charged with conspiracy to distribute marijuana, conspiracy to distribute marijuana seeds and conspiracy to lauder money, charges that carry penalties of 10 years to life in prison. After years of legal wrangling with Canadian and U.S. authorities, Emery reached the plea deal on the lesser charge, Troberman said.

    Co-defendants Gregory Williams and Michelle Rainey-Fenkarek entered pleas this year to lesser offenses and were placed on probation in Canada, according to court documents. They were never brought to the United States.

    Tandy stepped down as DEA administrator in 2007, and U.S. authorities seem to have backed down from her 2005 hard-line stance. The news release can no longer be found on the Department of Justice website, and the DEA referred calls to the U.S. Attorney's Office in Seattle.

    "This prosecution has to do with his criminal activities and has nothing to do with his political activism," said Emily Langlie, spokeswoman for the U.S. Attorney's Office. Langlie added that she could not comment on the 2005 DEA statement.

    Emery summed up his raison d'etre in a lengthy article published in Cannabis Culture and online after his arrest. He described his thoughts at the moment he was handcuffed: "Every seed sold, all the millions of dollars I had given to the cause, every speech to free our people, every arrest, jailing and raid I had endured: it was all for this moment in time."

    Much like in the United States, distribution and trafficking carry heavier punishments: a maximum of seven years for conspiracy to manufacture marijuana and a maximum sentence of life imprisonment for conspiracy to traffic in marijuana, according to a spokeswoman for Department of Justice Canada.

    In practice, Canadian judges rarely mete out sentences longer than two years plus fines, based on a policy of judicial guidance that calls for incarceration as the last resort, according to several criminal defense lawyers and drug policy experts.

    "Sentences typically don't reach the mandatory minimums that are in place in U.S. federal system," Vancouver defense lawyer Kirk Tousaw said. He is Emery's legal counsel in Canada, a contributor to his magazine and attorney for his co-defendants.

    Extradition to the United States, however, is commonplace in cases of Canadians accused of selling or smuggling drugs in the United States, said Troberman, Emery's Seattle-based attorney. He has represented many Canadians in the United States.

    "The only thing that makes this case somewhat unusual is that Marc was very visible and open about everything he did, and the Canadians had no interest in prosecuting him," Troberman said. "It was the U.S. who stepped in and put pressure on Canada."

    Emery is the founder of the British Columbia Marijuana Party, and his status in Canada as a tireless champion for marijuana reform has been cemented through more than a decade of sit-ins, demonstrations and runs for political office. By his own account, he has been arrested at least a dozen times since 1995 related to his activism, and Vancouver Police have raided his shop several times since it opened in 1994.

    In media interviews and biographies posted on CannabisCulture.com, Emery claims to have been fined twice for selling seeds and says he has spent three months in a Saskatchewan jail after being caught passing a joint in public.

    "Some people will say he pushed it too far, but that's his approach. He's the enforcer on a hockey team. He makes everyone else look polite," said Eugene Oscapella, a founding member of the Canadian Foundation for Drug Policy, which shares many of Emery's goals but pursues them through public education and legislative efforts.

    To Oscapella and others familiar with Emery, the trajectory of his activism made martyrdom in a U.S. prison the next natural step.

    "He did this on purpose. He did it knowing the potential consequences," Oscapella said of Emery's Direct Seeds. "Emery has always stuck his neck out. He's a civil libertarian, almost an anarchist, so it's very much his character to thumb his nose at U.S. drug policies."

    People familiar with the case said Emery's fate was sealed when the current conservative Canadian government came into power touting a law and order agenda that included vows to bring in mandatory minimum laws for certain drug offenses.

    From behind bars, Emery continues to guide the movement with the help of his wife, Jodie, and legions of supporters. He plans to apply for a transfer to Canada after he is formally sentenced, which is expected to occur in two to three months, his lawyer said.

    Emery sent a message to supporters in an recorded telephone call with his wife while he awaited extradition. He urged them to keep up the fight against mandatory minimum sentences and other new drug enforcement laws by adopting "militant" tactics, like sit-ins at the offices of MPs and traffic blockades.

    "If just one person, me, being in jail is what it takes to arouse thousands, tens of thousands, hundreds of thousands, maybe millions of Americans and Canadians to get out and be involved and be responsible and take charge and take the initiative, then I'm a very happy individual."

    By Emanuella Grinberg, CNN
    May 24, 2010 8:13 p.m. EDT



  1. Terrapinzflyer
    Canada's 'prince of pot' gets five years in U.S. prison

    (CNN) -- The man once known as Canada's "prince of pot" is now a federal inmate in the U.S. system after a judge in Washington sentenced him Friday to five years in prison.

    Marijuana activist Marc Emery pleaded guilty in May in U.S. District Court in Seattle, Washington, to a single count of conspiracy to manufacture marijuana after an 18-month investigation into the seed-selling business Emery operated from his head shop in Vancouver, British Columbia.

    By imposing the five-year sentence, which includes four years of supervised probation, U.S. District Judge Ricardo S. Martinez honored a plea deal that Emery, 52, entered into with U.S. authorities to avoid a lengthier sentence.

    "There is no question your actions were illegal and criminal and your actions ensured that others broke the law and suffered the consequences," the judge told Emery during the hearing.

    Dozens of Emery's supporters gathered outside Seattle's federal courthouse to protest the sentence, which marks the end of a five-year legal battle against a man once described by U.S. authorities as one of its most wanted international drug trafficking targets -- and the only one from Canada.

    Emery is the founder of the British Columbia Marijuana Party and the website CannabisCulture.com. His status in Canada as a tireless advocate for marijuana legalization has been cemented through years of sit-ins, demonstrations and runs for political office. By his own account, he has been arrested at least a dozen times since 1995 related to his activism, and Vancouver police have raided his shop several times since it opened in 1994.

    In his plea agreement, Emery admitted to operating a marijuana seed selling business with two co-defendants, who entered pleas this year to lesser offenses and were placed on probation in Canada. He also admitted to selling seeds to customers in the United States through mail and telephone orders and in his Vancouver retail store.

    "Marc Emery decided that U.S. laws did not apply to him, but he was wrong," said U.S. Attorney Jenny A. Durkan in a statement Friday. "Emery put his personal profits above the law. He made millions of dollars by shipping millions of seeds into the U.S. He sold to anyone who would pay him -- with no regard for the age or criminal activities of his customers. Now, Emery is paying the price for being part of the illegal drug trade that damages lives, homes and the environment."

    But Emery and his supporters worldwide have maintained from the start that his prosecution was politically motivated, citing a 2005 DEA press release touting his arrest as a "significant blow" 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 have one less pot of money to rely on," former DEA Administrator Karen Tandy said in the July 2005 statement, which can no longer be found on the DEA's website.

    Emery's lawyer reminded the judge of the press release in his presentencing memorandum, claiming there are other seed selling businesses in Canada that the U.S. government chose not to go after.

    "The only thing that makes Mr. Emery unique or different from most of these other seed sellers is that Marc donated his proceeds to help fund lawful marijuana legalization efforts throughout the United States and Canada. On this record, no one can (or should) take the government seriously when it claims that this case was not politically motivated," Richard Troberman wrote.

    But the U.S. Attorney's Office said that Emery's personal politics had nothing to do with his prosecution.

    "Through the years, and in various contexts, Marc Emery has meant different things to many people. But in the context of this federal criminal prosecution, Emery stands before the court as many others have before him -- as an admitted drug dealer who has entered a plea of guilty to a large scale marijuana trafficking conspiracy," the U.S. attorney's office wrote in its presentencing memo. "The government's case was investigated and prosecuted without regard for Emery's personal politics, his political agenda or the ways in which he chose to spend the proceeds of his drug crimes."

    With Emery in prison, his wife, Jodie, has become the face behind their cause, which has not fallen dormant in his absence. Rallies to support Emery and the legalization movement will be held in more than 70 cities across the globe on September 18, she said.

    "It's going to be a long, difficult road ahead, but we'll be able to make it with all the support we have," she said.

    Emery also remains firm in his beliefs, though in a letter to the court, he admitted his means may have been self-defeating.

    "It was my sincere belief that the prohibitions on cannabis are hurtful to U.S. and Canadian citizens and are contrary to the U.S. and Canadian constitutions. I was, however, overzealous and reckless in pursuing this belief, and acted arrogantly in violation of U.S. federal law. I regret not choosing other methods -- legal ones -- to achieve my goals of peaceful political reform."

    By Emanuella Grinberg, CNN
    September 10, 2010 9:38 p.m. EDT

  2. Balzafire
    [h2]Canadian pot activist Marc Emery sentenced to five years in US prison[/h2]
    [imgr=white]http://www.drugs-forum.com/forum/attachment.php?attachmentid=16724&stc=1&d=1284223401[/imgr]Marc Emery, Canada's enigmatic "Prince of Pot" who sold millions of marijuana seeds over the Internet, will face a five year punishment in the United States after a U.S. district judge in Seattle handed down his sentence on Friday.

    Emery, founder and publisher of Cannabis Culture magazine, is a longtime and highly vocal Canadian marijuana activist. His wife Jodie maintains that U.S. authorities targeted his operation over other Canadian seed-sellers because of all the funding he's provided to the legal movement to regulate cannabis in the U.S.

    Emery's sentence, issued by U.S. District Judge Ricardo S. Martinez, includes four years of supervised probation. He was convicted on a single charge of conspiracy to manufacture marijuana.

    U.S. authorities had described him as one of the country's "most wanted drug trafficking targets," according to CNN. The investigation, now concluded with Emery's trial and sentencing, was ongoing for over five years. Though indicted in 2005, Emery was not handed over to U.S. authorities until May 10 of this year. He pleaded guilty 14 days later.

    In a press release lauding the government's efforts, the U.S. Drug Enforcement Agency (DEA) declared a significant victory in the battle against marijuana legalization efforts.

    By Stephen C. Webster
    September 11th, 2010
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