Canada

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.

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."

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.

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.

I testified today before the Standing Committee on Justice and Human Rights of the House of Commons. I appeared as Chair of the BC Civil Liberties Association Drug Policy Committee to oppose Bill C-32, legislation that if passed would do several things:

Canadian Member of Parliament Libby Davies distributed this letter yesterday about the Conservative drug strategy and attacks on the InSite safe injection site: June 4, 2007 Dear Friends, I am deeply concerned about the Conservative government's plans to unveil a so-called New Drug Strategy for Canada and its efforts to discredit InSite. I made the following statement in the House of Commons today outlining my concerns.

Libby Davies, MP Vancouver East HANSARD, House of Commons June 4, 2007 Mr. Speaker, health and addictions professionals across Canada are bracing themselves for the worst when the Conservative government reveals its so-called new drug strategy that will sacrifice the successes of harm reduction and a balanced approach to drug use, for a heavy handed US style enforcement regime. Time and again, empirical evidence has proven that harm reduction works. Programs like needle exchanges and Vancouver's safe injection site, InSite, are reducing the transmission of HIV/AIDS and Hepatitis C, and increasing the number of people accessing treatment. I am alarmed that despite this evidence, the government is accelerating the criminalization of drug users. The 2007 budget quietly removed harm reduction from Canada's new drug strategy. It now reads like a carbon copy of George Bush's war on drugs - which has seen drug use rise, along with skyrocketing social and economic costs of incarceration. In 2006, the Conservatives refused to renew the exemption that allows InSite to keep its doors open until pressure from the community forced them to grant a temporary extension. We know the Health Minister and the RCMP are now resorting to propaganda tactics to try and close InSite. Attacking InSite and adopting US drug policies will fail as dramatically here as it has in the US.

Read our feature report about this published Friday, "Battle Royal Looms as Canadian Government Set to Unveil Tough Anti-Drug Strategy." Also, we have a fair amount published about Libby Davies, including interviews she's given directly to the Chronicle -- use this search link to review it.

You've been warned that marijuana could turn you into a dickhead, but you didn’t listen. Now MTV Canada has raised the stakes with the frightening news that marijuana might cause brothers to make out with each other.

The video must be seen to be believed.

Now I know what you're thinking. This is just another outlandish scare tactic, so far removed from human experience that it will serve only to amuse its target audience. Well make jokes while you can, hippies, because it won't be funny anymore when there are pictures of you all over Myspace making out with your brother.

Besides, now that they're lacing the marijuana with even stronger marijuana, you could be hooking up with your mom right now and not even know it. So don't tell me these ads are unrealistic. You're being unrealistic if you think you can smoke pot recreationally without supporting terrorists, eating your own hand, losing your girlfriend to an alien, turning into a dickhead, and getting it on with your family.

On the heels of reports that the U.S. is breaking its own incarceration records, The Vancouver Sun announces that Canadian officials are consulting with U.S. drug warriors in the hopes of revamping Canada's drug policy.

Canada's new Prime Minister Stephen Harper, who apparently doesn't read U.S. newspapers, seems to think we've got all the answers:

The strategy will focus on "a few key priority areas that the current government could focus and build on," such as "clandestine labs, marihuana grow operations, synthetic drugs," the document states. "Another key element of the proposed national strategy is the national awareness campaign for youth."

Yeah nothing scares kids away from drugs like government-sponsored propaganda. Possible ONDCP recommendations for a youth awareness campaign:

In case anyone forgot. CBC News now reports that demand for government marijuana is increasing. Since this particular marijuana isn’t supposed to be very good, my guess is that Canadian patients simply prefer the convenience of not having to buy their medicine from criminals on the street.

So Canada spends tax dollars to provide medical marijuana to sick people, while here in America, we spend tax dollars trying to prevent sick people from getting medical marijuana.

I really dislike crossing international borders. I've been doing a lot of it lately in the past few years, particularly since my partner and I got a summer place outside Nelson, BC. Even when I was spending a few weeks or months in Nelson, I was often off to the US—for a meth conference in Salt Lake, the NORML annual conference in San Francisco, to score cheap cigarettes on the Indian reservation in Washington state—or crossing into the US to get to the nearest big time airport to fly off to more exotic locales.