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Pot activist Emery cuts deal for jail sentence with U.S.


Kanada Kev

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With what the US is trying to do with Emery, what they did with Arar, what they are doing with Khadr, Canadians should be concerned.

It's not always about whether you believe in the person's innocence, but rather what the authorities are going to do with the law. When they start doing things completely illegal and unjust, then they are as bad as the criminals.

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he shouldn't being going to jail period, but if it has to be I'd like to think our Gov't would at least put him in jail here.

is his "crime" that he was selling seeds to people in the US (and not trivially, with the full cooperation of CanadaPost - a Crown Corporation)?

does selling seeds inside Canada constitute a crime in Canada? if not, I dont see how it's at all justifiable to hand him over to the US. that would be just like us handing over every canadian woman who dares to show her exposed ankles to the saudi's.

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Check out this doc if it's on again;

http://www.cbc.ca/thelens/program_231007.html

Emery believes marijuana is a wonderful, healing drug and that current laws are unconstitutional, inhumane, and detrimental to society, far outweighing the damage done to people by the drug itself. No Canadian has ever gone to jail for selling seeds, and in 35 years only two people have been charged - the last got a $200 fine. Yet Emery faces 30 years to life in prison under U.S. drug laws if he is extradited to face trail there. His extradition hearing is expected to start during the week of January 21, 2008.
Edited by Guest
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The guy started a very comprehensive monthly marijauna periodical and a very popular pot store, has donated tons of cash to people for their legal battles. It's because of him that I (and I suspect many others) found out that Canada's pot laws were null and void for about a year there. You guys do know that the drug attitudes in Amsterdam (for example) were brought about by people getting off their lazy asses and being vocal about their beliefs, right?

And briguy says he's a horrible pot activist. Sure, the guy comes off as a bit of a moron, but to say he's a horrible pot activist?!? How do you like your pot activists? Nice and quiet and law abiding dudes that sit in their basements pulling on their bongs? I mean, c'mon.

I say briguy is a horrible judge of pot activists.

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is his "crime" that he was selling seeds to people in the US (and not trivially, with the full cooperation of CanadaPost - a Crown Corporation)?

does selling seeds inside Canada constitute a crime in Canada? if not, I dont see how it's at all justifiable to hand him over to the US. that would be just like us handing over every canadian woman who dares to show her exposed ankles to the saudi's.

Huh? Was my post really that muddled?

I never stated he commited a crime, nor did I say he should go to jail, or even be handed over to the US. You lost me there.

My only comment about him going to jail was: "but if it has to be I'd like to think our Gov't would at least put him in jail here" - meaning since he made a deal with the USA, I would like to think our Gov't would stand up for him and say, ok, he accepts he commited a crime (as far fetched as it may be) but he'll do his time here. I fail to see how I am justifying anything about this.

But to try and answer some of what you asked, no selling seeds in Canada (as far as I know) isn't a crime. But, it is a crime to sell them to anyone in the USA according to American law, Emery did know this before hand, as does anyone else in that business.

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Huh? Was my post really that muddled?

no no. sorry, i didnt mean to suggest your post was muddled at all ... i was just asking "in general" and used your post as a jump.

ok, so if the "crime" is that he sold to people in the US, then shouldn't CanadaPost and RevCan be liable since they knew what he was doing, and presumably they should have stopped him? instead, Canada Post actually facilitated this "illegal activity", so shouldnt the CEO of Canada Post also be extradited?

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Yes, selling seeds in Canada is a crime.

I did some googling since I always figured they were legal, or at least in the "grey area".

The only thing I could find was this, it states "non-viable seeds", I assume this refers to hemp-seed sales. Although, I'm not sure if this is even the area I should be looking.

SCHEDULE II - it states:

SCHEDULE II

(Sections 2, 3, 4 to 7, 10, 29, 55 and 60)

1. Cannabis, its preparations, derivatives and similar synthetic preparations, including

(1) Cannabis resin

(2) Cannabis (marihuana)

(3) Cannabidiol (2–[3–methyl–6–(1–methylethenyl)–2–cyclohexen–1–yl]–5–pentyl–1,3–benzenediol)

(4) Cannabinol (3–n–amyl–6,6,9–trimethyl–6–dibenzopyran–1–ol)

(5) Nabilone ((±)–trans–3–(1,1–dimethylheptyl)–6,6a, 7,8,10,10a–hexahydro–1–hydroxy–6,6–dimethyl–9H–dibenzo[b,d]pyran–9–one)

(6) Pyrahexyl (3–n–hexyl–6,6,9–trimethyl–7,8,9, 10–tetrahydro–6–dibenzopyran–1–ol)

(7) Tetrahydrocannabinol (tetrahydro–6,6,9–trimethyl–3–pentyl–6H–dibenzo[b,d]pyran–1–ol)

(7.1) 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol (DMHP)

but not including

(8) Non–viable Cannabis seed, with the exception of its derivatives

(9) Mature Cannabis stalks that do not include leaves, flowers, seeds or branches; and fiber derived from such stalks

1996, c. 19, Sch. II; SOR/98-157; SOR/2003-32, s. 1.

http://laws.justice.gc.ca/en/showdoc/cs/C-38.8/sc:2//en#anchorsc:2

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no no. sorry, i didnt mean to suggest your post was muddled at all ... i was just asking "in general" and used your post as a jump.

ok, so if the "crime" is that he sold to people in the US, then shouldn't CanadaPost and RevCan be liable since they knew what he was doing, and presumably they should have stopped him? instead, Canada Post actually facilitated this "illegal activity", so shouldnt the CEO of Canada Post also be extradited?

Ahh, sorry man, mistake on my part.

I dunno, I really don't know how it was packaged but I guess CP could claim that they had no idea what was in the packages being sent, seeing as seeds wouldn't register any sorta of weight requiring any special postage and considering privacy they wouldn't have any reason to suspect anything foul regardless of what he does for a living.

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How do you like your pot activists? Nice and quiet and law abiding dudes that sit in their basements pulling on their bongs? I mean, c'mon.

I like my pot activists to be civil law abiding citizens. I know that’s kind of difficult considering the issue we’re dealing with but they should use some tact. Hopefully someone that distances themselves from questionable groups involved in criminal activities, and I’m not talking about pot smokers. Also hopefully one that won’t promote high school smoke outs at your local police station, political office, or wherever.... I mean, c'mon.

I say briguy is a horrible judge of pot activists.

Maybe so..

However in my opinion Marc Emery has been a negative influence in Hamilton. My judgment is based on the effects I see in my community. He has promoted unlawful acts in Hamilton that have only added to set backs on the issue. Sure he has helped someone I know with legal aid but if they weren’t doing something illegal to begin with it wouldn’t have been an issue, and again I’m not talking about smoking pot. I feel his tactics are very questionable.

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I do agree with briguy about his tactics here in Hamilton. When he set up his rally practically on the front steps of the central police station in Hamilton he kinda lost me. Rubbing it in the cops faces while the law was moreless in limbo didn't seem like a smart move.

KanadaKev, I really don't see anyone in this thread saying he should be sent to the US for this to be honest.

I agree though that considering one seed equal as one full grown plant insane, although it's just as insane that Canada considers one clone equal to a full grown plant woth over 1k.

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Well, they (RCMP) consider the average plant to produce a pound of marijuana and that represents about $1,000 in potential sales on the street.

Ridiculous? Very.

[edit to add]

Here's a link to a bust last october, where I copied the above comment from.

Officers seized more than 1,100 pot plants, 17 kilograms of marijuana and a 2002 Ford Escort car.

Once harvested, the plants could have generated an estimated $1.1 million in sales, RCMP said.

“It’s not the biggest that we’ve taken down, but it’s considered a fair size grow operation,†said Staff Sgt. Jean Cormier of St. Pierre-Jolys RCMP.

1,100 plants (yet to be harvested) worth 1.1 million...hmm

Full story

http://www.winnipegsun.com/News/Manitoba/2007/10/31/4620141.html

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KanadaKev, I really don't see anyone in this thread saying he should be sent to the US for this to be honest.

Right. I was just trying to emphasize the fact that it is an important case and we should all care whether or not we agree with Emery as a person/activist. I don't want to start a ball rolling here that has my gov't willing to hand me over (or not try and get me back) from another if needed.

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I do agree with briguy about his tactics here in Hamilton. When he set up his rally practically on the front steps of the central police station in Hamilton he kinda lost me. Rubbing it in the cops faces while the law was moreless in limbo didn't seem like a smart move.

absolutely. It was crass and self-serving.

I'm with briguy. The debate over marajuana reform could be a cogent and sober one (and I do mean sober). But not as long as we allow people like Emery to annoint themselves the leader of it.

Not everyone who enjoys marajuana want to mobilize an army of reform around it. I think discretion and modesty go a long way to remind people that not every pot smoker is as obnoxious as Emery is. I'll use enough brains not to smoke weed on the steps of the police station, or send seeds into a country that I know will enforce their laws against it, whether I agree with them or not, and chances are, I'll be ok. Again, Emery is a clown, not a hero.

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Well, they (RCMP) consider the average plant to produce a pound of marijuana and that represents about $1,000 in potential sales on the street.

Ridiculous? Very.

[edit to add]

Here's a link to a bust last october, where I copied the above comment from.

Officers seized more than 1,100 pot plants, 17 kilograms of marijuana and a 2002 Ford Escort car.

Once harvested, the plants could have generated an estimated $1.1 million in sales, RCMP said.

“It’s not the biggest that we’ve taken down, but it’s considered a fair size grow operation,†said Staff Sgt. Jean Cormier of St. Pierre-Jolys RCMP.

1,100 plants (yet to be harvested) worth 1.1 million...hmm

Full story

http://www.winnipegsun.com/News/Manitoba/2007/10/31/4620141.html

wouldn't their calculations mean 17 kilograms which is around 37 pounds, generate around $37,000 on the street. Even if these figures are wrong to begin with I can't see how they came up with 1.1 mil. Even it was $2,400 a pound that's only 88,800 and at $10 grams all the way up it's still only around 165,000. I guess it's propaganda

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