U.S. denies Prince of Pot Marc Emery transfer to Canadian prison

[GAP]

U.S. denies Prince of Pot Marc Emery transfer to Canadian prison

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Ian Mulgrew, Postmedia News · Apr. 15, 2011 | Last Updated: Apr. 15, 2011 7:02 PM ET

VANCOUVER — Canada’s so-called “Prince of Pot” has been told he won’t be allowed a prison transfer and must serve his entire sentence in the United States.

Kirk Tousaw, a Canadian lawyer for Vancouver resident Marc Emery, said American authorities told his client in a letter received Friday that the U.S. government refused his transfer on April 6 due to the “seriousness of the offence” and “law enforcement concerns.”

He received the news in a federal holding institution in Oklahoma awaiting transfer to a prison in Mississippi.

Emery, who had been imprisoned in Georgia, pleaded guilty May 24 2010 in Seattle to selling marijuana seeds to Americans through his Vancouver-based catalogue company and was sentenced to five years in prison.

Tousaw said he can re-apply for transfer to a Canadian institution again for two years.

Emery’s wife Jodie was disheartened.

“There’s nothing we can do at this point beyond asking for a presidential pardon in the U.S., which I’m going to start campaigning for, actually, because I have to do whatever I can to get Marc home,” she said Friday. “We’re both devastated to hear this news. The idea of him spending the next three or four years in the U.S. federal prison system for political activism financed by seed sales — sales that now happen legally across America every day — is sickening and heartbreaking,”she adde.

“I’m still in shock. I’m asking everyone who has ever felt Marc’s treatment was unjust to get out and vote against the Conservatives on May 2 to punish them for extraditing Marc in the first place, one year ago on May 10.”

Tousaw said that with good behaviour, it’s possible Emery could get out after serving 85% of his sentence.
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[Sapplicant]

Let me get this straight, they're lashing out at the conservatives because he has to suffer the consequences of breaking the law (which he did of his own accord)? God damn, they must be smoking the REALLY good stuff.

In all seriousness though, all this fuss over a plant is getting a bit ridiculous. Why can't they make it so everyone has the right to smoke the stuff, but also have the responsibility to grow their own? Like, make it VERY illegal to sell pot, buy pot, steal someone's crop, but if people wants to toss a few plants in their back yards, why not? That way, it cuts into the proceeds going to organized crime, it promotes a little work ethic, (what with having to maintain them, look out for pests, harvest them, trim the product, etc...), and would reduce some of the strain on the court system/police departments...

 

[Shock]

Or they can just legalize it and make billions from tax revenue! (joking)

 

[Bruce Monkhouse]

Keep this on the original topic.

 

[Sapplicant]

Keep this on the original topic.

This guy made a fortune off of breaking international laws, and now he has to face the consequences. Plain and simple. I find it incredibly "coincidental" that his "plight" has managed to make its way back into the news just in time for the election. He was charged, tried, and convicted in the US, and now he must serve his time there. Plain and simple. As for all the seeds he sold, OBVIOUSLY a lot of it went to people involved in organized crime, ...?which technically makes him an accessory?...

As long as the stuff is still illegal, people are going to have to suffer the legal ramifications if they are blatant enough about their use/sale of the stuff to get caught. That's just the nature of the beast. Again, I find it a little much for a plant that has been around longer than any country has, but, that's the world we live in right now. Gotta take the good with the bad, and, IMHO, the good far outweighs the bad. Plus, a beer a day isn't as bad for the lungs  ;D

 

[ReneeClaude]

Maybe it's just me, but, anyone that is in any way concern about justice being served would find this case a reason to actually vote for the Conservative, they did the right thing by extraditing them, didn't they?

 

[Fishbone Jones]

Maybe it's just me, but, anyone that is in any way concern about justice being served would find this case a reason to actually vote for the Conservative, they did the right thing by extraditing them, didn't they?

I really don't think politics should enter into it.

The Attorney General in the US made their case to the Crown in Canada.

The Crown did their due diligence and ensured the conditions of the case were met and the rights of the accused were not superceded or abrogated.

Once the t's were crossed and the i's were dotted and all conditions fell within the extradition treaty, he was sent south.

The government of the day just did what they were required to do, under international treaties between the US and Canada.

I expect the government of the day to do the same and tell the US that Khadar is their's until his sentence runs out, if they try pawn him off on us, and by our treaties there is no responsibility for us to accept him back until then.

 

[gcclarke]

Maybe it's just me, but, anyone that is in any way concern about justice being served would find this case a reason to actually vote for the Conservative, they did the right thing by extraditing them, didn't they?

Actually, I disagree that they did the "right" thing in extraditing him. He was in Canada, engaging in behaviour that isn't a crime in Canada. Selling seeds is perfectly legal in Canada. As American law doesn't (or apparently "shouldn't) hold sway over the actions of Canadian citizens in Canada, I think that his extradition was very much so the wrong thing to do.

For those curious, the relevant section of the US / Canada extradition treaty, covering government A making a request to government B for the extradition of a person suspected or convicted on an offense committed somewhere other than the territory of government A reads as follows (emphasis mine):

(3) When the offense for which extradition has been requested has been committed outside the territory of the requesting State, the executive or other appropriate authority of the requested State shall have the power to grant the extradition if the laws of the requested State provide for jurisdiction over such an offense committed in similar circumstances.

As we have no law making what he did illegal, he should not have been extradited to the United States. If we had had such a law, then we should have prosecuted him ourselves, which then would have again nullified the extradition request, as you can't extradite someone to try them for an offense for which they have already been tried and either discharged or punished. To be frank, the decision to extradite him appears to have been purely a political decision, not a legal one.

 

[Fishbone Jones]

Actually, I disagree that they did the "right" thing in extraditing him. He was in Canada, engaging in behaviour that isn't a crime in Canada. Selling seeds is perfectly legal in Canada. As American law doesn't (or apparently "shouldn't) hold sway over the actions of Canadian citizens in Canada, I think that his extradition was very much so the wrong thing to do.

For those curious, the relevant section of the US / Canada extradition treaty, covering government A making a request to government B for the extradition of a person suspected or convicted on an offense committed somewhere other than the territory of government A reads as follows (emphasis mine):

As we have no law making what he did illegal, he should not have been extradited to the United States. If we had had such a law, then we should have prosecuted him ourselves, which then would have again nullified the extradition request, as you can't extradite someone to try them for an offense for which they have already been tried and either discharged or punished. To be frank, the decision to extradite him appears to have been purely a political decision, not a legal one.

Are you seriously suggesting that the Government of Canada , ILLEGALY,extradited this person to the US?

Where are all our high priced human rights lawyers that pro bono for the underdog?

If that were the case his own lawyer would have been able to launch an appeal, that would have kept him here til it was reviewed.

In late 2008, an extradition hearing was scheduled for June, 2009. However, before those hearings, Emery agreed to plead guilty to one charge of drug distribution and accept a five-year sentence in the USA.

The point is moot.

 

[gcclarke]

Are you seriously suggesting that the Government of Canada , ILLEGALY,extradited this person to the US?

Where are all our high priced human rights lawyers that pro bono for the underdog?

If that were the case his own lawyer would have been able to launch an appeal, that would have kept him here til it was reviewed.

In late 2008, an extradition hearing was scheduled for June, 2009. However, before those hearings, Emery agreed to plead guilty to one charge of drug distribution and accept a five-year sentence in the USA.

The point is moot.

I won't go as far as to say the decision was illegal, but I certainly believe that there was enough ambiguity that we would not have been obligated to extradite him. I do believe that it is immoral to extradite people to face prosecution for things done in Canada that aren't offenses in Canada. Instead, the decision was made to maintain good relations with our neighbors to the south. Whether or not Mr. Emery anticipated that this would happen and made a plea deal to get a lighter sentence is, IMHO, mostly irrelevant to the discussion of whether or not he should have been extradited.

 

[Fishbone Jones]

He was arrested for selling seeds in Canada, an offence in Canada. They just decided not to charge him with that, as they had done before and convicted him of before.

 

[armyvern]

I won't go as far as to say the decision was illegal, but I certainly believe that there was enough ambiguity that we would not have been obligated to extradite him. I do believe that it is immoral to extradite people to face prosecution for things done in Canada that aren't offenses in Canada. Instead, the decision was made to maintain good relations with our neighbors to the south. Whether or not Mr. Emery anticipated that this would happen and made a plea deal to get a lighter sentence is, IMHO, mostly irrelevant to the discussion of whether or not he should have been extradited.

Did you miss the part about him not keeping his sales `to`Canada?? If he had kept his business to this nation, he probably would not have faced any charges.

Of course, asshat chose not to do that ... and flaunted that fact very publically. When you EXPORT shit to the Us that is illegal there, then you become subject to those applicable laws. Just as a US citizen illegally exporting anything to Canada would also be subject to charges here.

The little asshat is exactly where he belongs due to his own choices and his own actions. The Conservatives certainly had nothing to do with that.

The fact that pansy-assed people would turn this clowns actions around to absolve him of wrong-doing and blame a government has just sealed my vote; I want to make sure these folks NEVER make it into power (again). If there`s one thing I absolutely detest --- it`s nanny-states.

 

[Sapplicant]

Of course, idiot chose not to do that ... and flaunted that fact very publically. When you EXPORT crap to the Us that is illegal there, then you become subject to those applicable laws. Just as a US citizen illegally exporting anything to Canada would also be subject to charges here.

The little idiot is exactly where he belongs due to his own choices and his own actions.

:+1:

He's also really friggin' lucky that they let him plead it down to 5 years. In all fairness, he ought to be doing at least 15 years.

In fact, he was so blatant about it, that in the seed sale section of his bi-monthly magazine (Cannabis Culture. Basically 'bud porn') it even stated, clear and bold, that the sale/possession of live cannabis seeds in the USA is a felony. It then proceeded to give instructions on how to get them sent to you front door, anywhere in the world (even the USA).

I had the 'opportunity' to meet the guy when I was about 18 at a marijuana policy reform rally on parliament hill (what can I say, I used to be a rebellious teenager) and all the guy talked bragged about was the time he spent in police custody due to his VERY public breaking of the law (smoking up in front of provincial legislatures, police stations, etc...).

In his resin stained mind, he's a world famous super-star with one helluva story, and he'll tell it to anyone who's willing to listen. Bet this one will take up more than a few chapters in his life story. Just don't drop the soap, or you'll be playing a very painful round of 'Marco Polo'.  ;D









edited for typo

 

[canada94]

Actually, I disagree that they did the "right" thing in extraditing him. He was in Canada, engaging in behaviour that isn't a crime in Canada. Selling seeds is perfectly legal in Canada. As American law doesn't (or apparently "shouldn't) hold sway over the actions of Canadian citizens in Canada, I think that his extradition was very much so the wrong thing to do.

For those curious, the relevant section of the US / Canada extradition treaty, covering government A making a request to government B for the extradition of a person suspected or convicted on an offense committed somewhere other than the territory of government A reads as follows (emphasis mine):

As we have no law making what he did illegal, he should not have been extradited to the United States. If we had had such a law, then we should have prosecuted him ourselves, which then would have again nullified the extradition request, as you can't extradite someone to try them for an offense for which they have already been tried and either discharged or punished. To be frank, the decision to extradite him appears to have been purely a political decision, not a legal one.

I somewhat agree with you. But to be honest it's a grey area whether or not seeds are legal or illegal. They do not contain THC; but can also be considered "Derivatives" to Marijuana containing THC. I am not defending the guy, I have met his wife she is a complete A$$. BUT I believe someone's freedom shouldn't sway in the balance of a black and white law that is not properly defined.

- Mike

 

[Sapplicant]

But to be honest it's a grey area whether or not seeds are legal or illegal. They do not contain THC; but can also be considered "Derivatives" to Marijuana containing THC. I am not defending the guy, I have met his wife she is a complete A$$. BUT I believe someone's freedom shouldn't sway in the balance of a black and white law that is not properly defined.

- Mike

Actually, it isn't grey at all. He was selling live cannabis seeds, which, by law, are considered marijuana.

United States Federal Govt. Legal Definition of Marijuana

USC Title 21 (Food and Drugs)
Chapter 13 (Drug Abuse Prevention and Control)
Section 802

(16) The term 'marijuana' means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber provided from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of such plant, which is incapable of germination.

additionally...

"The DEA has authority to license and register importers of marijuana seed to be sterilized, rendered non-viable and placed into commerce as birdfeed."
[Controlled Substance Import and Export Act, U.S.C. 952 Et. seq. and 21 C.F.R. 1311]

"The sterile marijuana seeds are specifically excluded from the definition of "marijuana" and are not a controlled substance under federal statute."
[Public Law 91-153, Section 102 (15).]


You do the crime, you do the time. Very simple. Considering the ties between the drug trade and violent crime in the US, Marc Emery is NOT a freedom fighter. He's an enabler. He made a lot of money off of his illegal activities, activities which indirectly led to people dying.

 

[HavokFour]

Gotta ask, where was he getting the seeds from? It's not like they just fall out of the sky.

 

[Sapplicant]

Gotta ask, where was he getting the seeds from? It's not like they just fall out of the sky.

He conducted his buisness in a wholesale sort of fashion. He bought the seeds (at a discounted price, and in massive quantities) from breeders throughout Canada and Europe, then sold them through his company. Keeping in mind that just one plant can produce hundreds, even thousands of seeds, you can see where his small fortune came from. IIRC, the breeders will sell seeds in bulk to wholesalers, lets say 10000 seeds, price ranging from 5000$ to 20000$, depending on the quality of the genetics. He turns around and sells them at anywhere from 40$ to 150$ for 10 seeds. Do the math. Very lucrative, but very illegal.

 

[gcclarke]

Again, my point is that he "broke US law" from Canada. As he was in Canada, doing something that is not illegal in Canada, he should not have been extradited. He never went to the US and popped seeds in the mail-box from there. No legislation that the US enacts should in any way shape or form dictate what Canadian citizens in Canada can do unless Parliament also decides to make such actions illegal.

 

[Fishbone Jones]

Again, my point is that he "broke US law" from Canada. As he was in Canada, doing something that is not illegal in Canada, he should not have been extradited. He never went to the US and popped seeds in the mail-box from there. No legislation that the US enacts should in any way shape or form dictate what Canadian citizens in Canada can do unless Parliament also decides to make such actions illegal.

It is illegal in Canada. I'll say it one more time so you get it. He's been arrested and convicted numerous times in Canada 'for selling marijuana seeds' an offence here in Canada. Got that? He broke Canadian law also.

Emery was again arrested in 2005 for allegedly selling marijuana seeds over the internet from Vancouver to residents of the U.S., following an investigation by Canadian and U.S. police.

He made an agreement with U.S. prosecutors last year that he would plead guilty to one charge of drug distribution in exchange for a five-year sentence.

He is complicit in his own extradition and sentencing.

 

[gcclarke]

It is illegal in Canada. I'll say it one more time so you get it. He's been arrested and convicted numerous times in Canada 'for selling marijuana seeds' an offence here in Canada. Got that? He broke Canadian law also.

Emery was again arrested in 2005 for allegedly selling marijuana seeds over the internet from Vancouver to residents of the U.S., following an investigation by Canadian and U.S. police.

He made an agreement with U.S. prosecutors last year that he would plead guilty to one charge of drug distribution in exchange for a five-year sentence.

He is complicit in his own extradition and sentencing.

Point withdrawn. I had been under the impression it was legal. After your post I dug into a bit deeper, and I was wrong. My bad.