In case anyone forgot, the U.S. Dept. of Justice is still trying to extradite famous Canadian marijuana activist Marc Emery for selling marijuana seeds to American customers. But they want everyone to know that the case has nothing to do with his political views:
“We’ve been very clear it had nothing to do with Mr. Emery’s political stand,” said Emily Langlie of the U.S. District Attorney’s Office in Seattle. [Forbes]
Seriously? Then what the hell did former DEA boss Karen Tandy mean when she said this?
“Today’s arrest of Mark (sic) Scott Emery, publisher of Cannabis Culture magazine and the founder of a marijuana legalization group, is a significant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also 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 now have one less pot of money to rely on.” [Seattle Post-Intelligencer]
There’s no way to spin it and I can’t imagine why they’d even bother trying. The DEA said it was political, so it’s political. Lying about it now serves no purpose other than to tacitly acknowledge that political prosecutions are a bad thing.
The war on marijuana is considerably less popular than it was even a couple years ago when the crusade against Emery began. Now that the debate over marijuana laws is rapidly gaining acceptance in the political mainstream, the DEA’s petty motivations for targeting Marc Emery have become such an embarrassment that federal prosecutors would rather lie shamelessly than admit what they’re doing.
Under no circumstances will the prosecution of Marc Emery bring glory or even respect to the drug war trophy-hunters that undertook this obscene vendetta. The guy sold goddamn pot seeds on the internet and making a really big deal of out it will serve only to remind everyone that marijuana grows on trees.
http://stopthedrugwar.org/chronicle_blog/2009/jun/01/yes_the_case_against_marc_emery_
Single marijuana seeds from all the top seed banks.
There are clauses in the “Extradition act” of 1999, stating that the minister must not grant a surrender in specified cases. Included in this is the big one, that the extradition order ought not be sought after for someone’s political views.
Here are some excerpts that people may find, as I have, extremely informative.
“When order not to be made
44. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that
(a) the surrender would be unjust or oppressive having regard to all the relevant circumstances; or
(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person’s position may be prejudiced for any of those reasons."
That makes sense!
“When order not to be made
46. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that
(a) the prosecution of a person is barred by prescription or limitation under the law that applies to the extradition partner;
(b) the conduct in respect of which extradition is sought is a military offence that is not also an offence under criminal law; or
© the conduct in respect of which extradition is sought is a political offence or an offence of a political character."
Let me tell you that the would shall, and should, are similar but very significant when it come to legalese terminology.
The use of the word should is like giving advice, not necessarily a demand.
Shall, on the other hand, means that the minister MUST COMPLY with the act.
“46. (1) The Minister shall refuse to make a surrender order if the Minister is satisfied that:
© the conduct in respect of which extradition is sought is a political offence or an offence of a political character."
Come on. Anyone can see right through the US DEA/prosecutor that this is a political nature. Marc is the Cannabis Character of this Century. Last century I would have to say Snoop Doggy Dogg was, but I was young and he blazed but he wasn’t very political, just a character.
Even if it wasn’t political in nature to the DEA or US attorney, doesn’t mean it wasn’t political to Marc.
There are also crimes which cannot be considered political in nature, even if the underlying reason was politically motivated.
“Restriction
(2) For the purpose of subparagraph (1)©, conduct that constitutes an offence mentioned in a multilateral extradition agreement for which Canada, as a party, is obliged to extradite the person or submit the matter to its appropriate authority for prosecution does not constitute a political offence or an offence of a political character. The following conduct also does not constitute a political offence or an offence of a political character:
(a) murder or manslaughter;
(b) inflicting serious bodily harm;
© sexual assault;
(d) kidnapping, abduction, hostage-taking or extortion;
(e) using explosives, incendiaries, devices or substances in circumstances in which human life is likely to be endangered or serious bodily harm or substantial property damage is likely to be caused; and
(f) an attempt or conspiracy to engage in, counselling, aiding or abetting another person to engage in, or being an accessory after the fact in relation to, the conduct referred to in any of paragraphs (a) to (e)."
This is interesting because these types of crimes have only been sought by the US before, and they absolutely do not apply to Marc’s Case.
I am discouraged that you are giving up the fight, Marc. I wish I had millions of dollars that I could donate, however, I am struggling as well. I will though, donate the rest of my subscription funds to you. There is about $15. I am sorry to see you canning the magazine, yet am surprised about how transparent you were through the whole process.
Ladies and gentlemen, boys and girls, CEO’s of multinational corporations, as well as small businesses around the world HEAR THIS: Being open and honest with your business practice, like Marc has, deserves recognition. This is how humans are supposed to behave to keep the peace, keep hope in our lives, and drowned out the misery that is corrupting our globe.
Most companies would shut its doors, claim bankruptcy, and never telling the public why. Marc, and The staff of Cannabis Culture, went above and beyond what was called for when closing production of the magazine.
Thank you Marc, for being honest and giving people a chance to decide what they want to do with their leftover funds!
I hope that you appeal the extradition. I hope you stay in Canada. This whole situation is shitty.
Some question I kind of want answers to, but I don’t really need to know nor do I care, this whole case should be tossed as far as I am concerned, are:
Did you know it was illegal to sell seeds to the US? or were you just playing around with the internet one day and watched you seed sales boom?
Were there no clauses that it may be illegal in the jurisdiction of the customer and it was up to them to determine if laws apply?
I am guessing not, because then you would definitely have a case. Aren’t US customs and border patrol supposed to check what is entering their country? Seems to me they didn’t do a very good job!
Sincerely,
Glen