Canada's "Prince of Pot" Marc Emery has finally returned home after spending just over 4 ½ years in US federal prison for selling marijuana seeds over the Internet. From his base in Vancouver, BC, Emery parlayed his pot seed profits into a pro-marijuana legalization political juggernaut.
[image:1 align:left caption:true]Not only did the gregarious former libertarian bookseller relentlessly hassle Canadian and American drug warriors -- including the dour then-drug czar, John Walters -- he published Cannabis Culture magazine, created the BC Marijuana Party and helped turn parts of downtown Vancouver's Hasting Street into a Western Hemisphere Amsterdam, complete with a vaporizer lounge and several other cannabis-related enterprises.
Emery also put a bunch of his money -- several hundred thousand dollars -- into financing marijuana reform efforts on the US side of the border. It's hard to say what, exactly, got him in the sights of US law enforcement, but when he was arrested by Canadian police at the behest of US authorities, the DEA was quick to gloat that it had struck a blow against the forces of legalization.
The US eventually got its pound of flesh from Emery, forcing him into a plea bargain -- to protect his coworkers -- that saw him sentenced to five years in federal prison for his seed selling. Emery did his time, was released from prison earlier this summer, then sent to a private deportation detention facility in the US before going home to Canada less than two weeks ago.
But if US and Canadian authorities thought they had silenced one of the biggest thorns in their side, they should have known better. Nearly five years in prison hasn't exactly mellowed Emery; instead, he is more committed than ever to drug war justice, and he's raring to go.
The Chronicle spoke with him via phone at his home in Vancouver Monday. The topics ranged from prison life to marijuana legalization in the US to Canadian election politics and beyond.
"If you go to jail for the right reasons you can continue to be an inspiration," Emery said. "I got a lot of affirmation, thousands of letters, people helped to cover my bills, and that's a testament to my influence. My experience was very positive. I network well and try to live in the present moment, just dealing with what's going on."
Still, Emery needed about $180,000 to get through those 4 ½ years behind bars, including more than $18,000 in email costs -- it isn't cheap for federal prisoners to send emails -- but for Emery, keeping his voice heard in the outside world was a necessity. He reports having received between $70,000 and $80,000 in donations while in the slammer.
"That still left Jodie doing the near impossible," he said. She traveled from Canada to the southern US 81 times to visit her husband, visiting him on 164 days and spending a like amount of time in transit. If it weren't for Jodie Emery, prison would have been a much lonelier place, as it is for most inmates.
[image:2 align:right]"In my prison, there were 1,700 prisoners, but on an average weekend, only 25 were getting a visit," Emery noted, adding that most inmates were either black or brown. "And other than Jodie, only seven people came to visit me."
While Emery waited in prison, the world continued to turn, and he has emerged into a different place. Now, two US states and Uruguay have legalized marijuana outright, and two more states and the District of Columbia are likely to do so this fall. For the Prince of Pot, it's all good.
"I like that Washington and Colorado went for two different models, although I think the Colorado model is better and has been more quickly executed," he said. "In both places, prices haven't really dropped, but they will once other states come on board. It has been really encouraging to see that people would travel to another state to buy it legally."
That's a good thing for the cannabis culture, he said.
"We are a proud culture. Legalization means a lot of things, and one of them is the end of stigmatization. We've been picked on and scapegoated as if we were taking part in some evil practice, but that is largely over in Denver," Emery argued. "They're integrating it into the mainstream economy; we're going to see a lot of interesting things."
Unsurprisingly, the small-L libertarian and marijuana seed entrepreneur is not overly concerned that legalization will lead to the commercialization or corporatization of the herb.
"We need big money in order to have an effective lobby," he said. "When there's something that tens of millions of Americans want, the money will come, and the money is welcome. It's going to put into new products, new technologies, and we have to welcome that. Capitalism is way to make things happen legally, and we need to get those people on board."
But Emery wants people to be able to grow their own, too.
"It's not legal unless we can grow it in our backyards or fields," he said, "and as long as we can grow it, it's basically legal."
[image:3 align:left caption:true]That's life in these United States, but Emery, of course, doesn't live in the United States -- in fact, he is now permanently barred from entering the country -- he lives in Canada, and things haven't gone nearly as swimmingly there when it comes to freeing the weed.
A decade ago, Canada was the hope of the global cannabis culture. It appeared poised to make the move toward legalization, but first the ruling Liberals were unwilling to even push through their decriminalization scheme, and then they were defeated by the Conservatives, who went in the other direction on marijuana policy, for instance, by adopting mandatory minimum sentences for growing more than small amounts of pot.
Stephen Harper's Conservatives remain in power today, and Emery has sworn political vengeance on them. He has also aligned himself with the Liberals, whose leader, Justin Trudeau, is now an advocate of legalization. That's in line with Canadian public opinion, which consistently shows strong support for marijuana law reform, including a poll this week that showed two-thirds support for reform, with 35% saying legalize it and 31% saying decriminalize it.
The Liberals are going to try to take back the federal government in elections in October 2015, and Emery is happy to help savage the Conservatives whether it makes Liberals squeamish or not. His return just two weeks ago has already ignited a firestorm of media coverage, with his pot politics naturally front and center.
"We've now hijacked the whole conversation about the election; we are dominating the conversation," he gloated. "It's the number one election topic and has been since the second I arrived back in the country. There have been more than 150 articles about me in the last two weeks. It's a big deal, and I'm delighted it's a big deal. I have critics using up column inches to say disparaging things about me, and that's great, too. There's a real dialog going on, and we have the opportunity to change the feelings of our opponents and get them to understand the benefits to their communities in legalizing marijuana."
But can the Liberals win? Yes, says Emery.
"Election day -- October 19, 2015 -- will be legalization day in Canada. If Trudeau becomes prime minister, there is no going back," he prophesied. "And I am confident the Liberals will win. Normally, the anti-Harper vote is divided among the Greens, the NDP, the Bloc Quebecois, and the Liberals, but this time, with Trudeau being so charismatic, I am urging everyone to just this once vote for the Liberals. And the feedback I am getting is that this is going to happen, a Liberal majority is going to happen, and you should be in on it."
When it comes to marijuana reform, in Emery's eyes, Canadian politicians should take a lesson from their counterparts south of the border.
"My opinion of Americans has only improved," he said. "You did a great job in Colorado and Washington, and even your legislators are underrated. At least one from every state has gone to Colorado to check it out. It's wonderful! Up here, if it weren't for Justin Trudeau, we wouldn't hear anything."
Well, and now, Marc Emery. Again.
Chronicle AM: Oregon Marijuana Legalization Endorsement, PA Mandatory Minimums, Heroin Maintenance, More (8/25/14)
The Oregonian says legalize it, so do Vermont GOP gubernatorial candidates, LEAP founder says legalize heroin, a Pennsylvania court throws out mandatory minimums, Vancouver's SALOME participants will get their heroin, and more. Let's get to it:
[image:1 align:right caption:true]Marijuana Policy
Oregon's Largest Newspaper Endorses Measure 91. In a Sunday editorial, the Oregonian has endorsed marijuana legalization in general and New Approach Oregon's initiative, Measure 91, in particular. Click on the title link to read the newspaper's reasoning.
Vermont GOP Governor Candidates Agree Marijuana Should Be Legal. In interviews with Vermont Public Radio, all three Republican gubernatorial candidates said they agreed that marijuana should be legalized. Steve Berry of Wolcott, Scott Milne of Pomfret and Emily Peyton of Putney are competing in tomorrow's primary. Peyton and Berry came out strongly for legalization, while Milne said he would sign a bill if it got to his desk. Milne is the leading contender.
Massachusetts Supreme Judicial Court Upholds Eviction of Public Housing Tenant for Marijuana Criminal Activity. With marijuana decriminalized in the state, can a public housing tenant still be evicted for possession of less than an ounce? That question remains undecided after the state's high court sidestepped it in Figgs v. Boston Housing Authority. A lower court had held that the tenant could not be evicted for simple possession, but the high court reversed, saying the facts in the case showed not just possession, but also that the tenant's roommate sold marijuana and possessed a weapon. Figgs is going to have to find a new place to live now.
Arizona Advocates File Lawsuit over PTSD Treatment Restrictions. The Arizona Cannabis Nurses Association filed a lawsuit last Friday challenging limits imposed on patients with PTSD who seek to use medical marijuana. Health Director Will Humble has ruled that PTSD patients can only use medical marijuana if they are already getting some other form of treatment for PTSD. The lawsuit is in Maricopa County District Court.
Kansas Democratic Party Endorses Medical Marijuana. Kansas Democrats now formally support medical marijuana, they announced during their statewide Demofest convention Saturday night. "Kansas Democrats support the availability of marijuana for medical use and protection of patients from criminal arrest and prosecution." the plank says. The platform link wasn't working as of Tuesday night, but you can try it here.
Pennsylvania Superior Court Rules Mandatory Minimums Unconstitutional. In a decision last week, the court has thrown out the use of mandatory minimum sentences as violating the constitution. The ruling came in Pennsylvania v. Newman, where James Newman had received a mandatory minimum 5-year sentence for possession of drugs and a gun. Relying on a line of federal court decisions beginning with Apprendi v. New Jersey, the Superior Court held that, in sentences based on the elements of the crime, jurors -- not judges -- must find that those elements existed.
California Fair Sentencing Act Heads for Governor's Desk. After a final Senate concurrence vote last Thursday, the Fair Sentencing Act is now headed for the desk of Gov. Jerry Brown (D). The act, Senate Bill 1010, would eliminate the sentencing disparities between crack and powder cocaine offenses by reducing the penalty for crack offenses.
Boston Globe Op-Ed Calls for End to Heroin Prohibition. A Sunday op-ed in the Globe published by former New Jersey narcotics officer and Law Enforcement Against Prohibition founder Jack Cole forthrightly calls for ending heroin prohibition. Police efforts to repress heroin "did more harm than good, and the harder my colleagues and I tried, the more damage we did," he writes. "As a police officer, I understand the instinct to mete out punishment, send a message, put somebody away for abusing drugs. Nonetheless, my experience has shown me that it is futile, counterproductive, and dangerous to try to arrest our way out of this very real problem." There's much more; click on the title link to read the whole thing.
Number of Disappeared in Mexico Keeps Rising. The number of people who have vanished since former President Felipe Calderon initiated his drug war in 2006 has increased to some 23,000, according to the Interior Ministry. More than 12,000 disappeared during the Calderon sexenio, and nearly 10,000 more have vanished during the first two years of the Enrique Pena Nieto presidency. Human rights groups say these official numbers are low.
Two-Thirds of Canadians Support Marijuana Law Reform. A new Forum Research poll finds that 66% of Canadians favor either legalizing and taxing marijuana or taking pot possession out of the criminal code (decriminalizing it). Some 35% said legalize it, while another 31% said decriminalize it. Only 16% said they were happy with the marijuana law status quo.
Canada's SALOME Study Will Get Prescription Heroin By Christmas. Vancouver heroin addicts participating in the Study to Assess Longer-term Opioid Medication Effectiveness (SALOME) will have legally prescribed heroin by Christmas, their attorney said last week. They won the right to use heroin as a maintenance drug after the BC Supreme Court in May granted them an injunction exempting them from a federal government ban on such uses. The pharmaceutical grade heroin is coming from a European manufacturer.
Australian National Council on Drugs Softens on Medical Marijuana. The Australian National Council on Drugs today released Medicinal Use of Cannabis: Background and Information Paper, which concedes that pharmaceutical marijuana products are effective for treating some forms of pain, reducing nausea, and helping people with wasting syndrome. The backgrounder comes as clamor grows, especially in Victoria, for legalizing medical marijuana.
(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
A bill to end the crack/powder cocaine sentencing disparity is close to becoming law in California, the US Sentencing Commission still has work to do on mandatory minimums, the 50th anniversary of America's first pot protest will be commemorated this weekend, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
50th Anniversary of First Pot Protest to Be Commemorated at Seattle Hempfest This Weekend. On August 16, 1964, a lone crusader named Lowell Eggemeier marched into the San Francisco Hall of Justice, fired up a joint, and puffed it in the presence of the police inspector. "I am starting a campaign to legalize marijuana smoking," he announced, "I wish to be arrested." He was promptly hauled off to jail for marijuana possession, at that time a felony. California NORML will lead a commemoration of Eggemeir's historic first step Saturday at the Hempfest in Seattle.
National Council of State Legislatures to Consider Marijuana Reform Resolution Next Week. The council's Law and Criminal Justice Committee will consider a resolution encouraging prohibiting the federal government from enforcing federal marijuana laws in states that have authorized either medical marijuana or adult marijuana sales and use. Click on the link to read the resolution.
Public Hearings Set for Iowa's New CBD Cannabis Oil Law. Iowans who have something to say about the state's new law decriminalizing the possession of low-THC, high-CBD cannabis oil for epileptics will get a chance at a series of public hearings. They will be held in six cities: Council Bluffs, Davenport, Des Moines, Mason City, Ottumwa, and Sioux City. Click on the link for times and dates, as well information on submitting comment via email or snail mail.
Federal Overdose Prevention Act Text Now Available Online. Sen. Jack Reed (D-RI) filed the bill, Senate Bill 2755, on July 31, and the text is now available online. The bill would create a task force to come up with ways to reduce overdose deaths. Click on the link to read the bill.
US Sentencing Commission Includes More Work on Mandatory Minimums As Part of Next Year's Priorities. The Commission today approved its list of priorities for the coming year and includes "continued work on addressing concerns with mandatory minimum penalties." The Commission said it would "once again set as its top priority continuing to work with Congress to implement the recommendations in its 2011 report on federal mandatory minimum penalties, which included recommendations that Congress reduce the severity and scope of some mandatory minimum penalties and consider expanding the 'safety valve' statute which exempts certain low-level non-violent offenders from mandatory minimum penalties.
California Fair Sentencing Act Passes Assembly. The California Assembly today approved the Fair Sentencing Act, which would remove the legal disparity in the treatment of crack and powder cocaine offenders under state law. The measure, Senate Bill 1010, has already passed the state Senate. It goes back to the Senate for a pro forma concurrence vote, and then on to the desk of Gov. Jerry Brown (D). The bill would remove not only sentencing disparities, but also disparities in the guidelines for probation and asset forfeiture in cases of possession of cocaine for sale. The disparities have resulted in a pattern of racial discrimination in sentencing and imprisonment in the state.
British Drug Minister Calls for Legalizing Medical Marijuana. British Drug Minister Norman Baker is calling for new drug laws that allow the use of marijuana to treatment certain medical conditions in a letter he will send to Health Minister Jeremy Hunt. Baker is a Liberal Democrat, the junior partner in the Conservative-led government. Lib Dems have a significantly softer drug policy line than the Tories, as was evidenced yet again when the Tories immediately slapped down Baker's proposal.