Home > marijuana, prison > Canada’s ‘prince of pot’ gets five years in U.S. prison

Canada’s ‘prince of pot’ gets five years in U.S. prison

Canada’s ‘prince of pot’ gets five years in U.S. prison

By Emanuella Grinberg, CNN
STORY HIGHLIGHTS
  • Marijuana activist Marc Emery sentenced for selling marijuana seeds to U.S. customers
  • In plea deal with federal prosecutors, Emery admitted to operating seed-selling business
  • Emery’s lawyer, supporters, claim his prosecution was politically motivated
  • “I regret not choosing other methods — legal ones — to achieve my goals,” Emery says

(CNN) — The man once known as Canada’s “prince of pot” is now a federal inmate in the U.S. system after a judge in Washington sentenced him Friday to five years in prison.

Marijuana activist Marc Emery pleaded guilty in May in U.S. District Court in Seattle, Washington, to a single count of conspiracy to manufacture marijuana after an 18-month investigation into the seed-selling business Emery operated from his head shop in Vancouver, British Columbia.

By imposing the five-year sentence, which includes four years of supervised probation, U.S. District Judge Ricardo S. Martinez honored a plea deal that Emery, 52, entered into with U.S. authorities to avoid a lengthier sentence.

“There is no question your actions were illegal and criminal and your actions ensured that others broke the law and suffered the consequences,” the judge told Emery during the hearing.

Dozens of Emery’s supporters gathered outside Seattle’s federal courthouse to protest the sentence, which marks the end of a five-year legal battle against a man once described by U.S. authorities as one of its most wanted international drug trafficking targets — and the only one from Canada.

Emery is the founder of the British Columbia Marijuana Party and the website CannabisCulture.com. His status in Canada as a tireless advocate for marijuana legalization has been cemented through years of sit-ins, demonstrations and runs for political office. By his own account, he has been arrested at least a dozen times since 1995 related to his activism, and Vancouver police have raided his shop several times since it opened in 1994.

In his plea agreement, Emery admitted to operating a marijuana seed selling business with two co-defendants, who entered pleas this year to lesser offenses and were placed on probation in Canada. He also admitted to selling seeds to customers in the United States through mail and telephone orders and in his Vancouver retail store.

“Marc Emery decided that U.S. laws did not apply to him, but he was wrong,” said U.S. Attorney Jenny A. Durkan in a statement Friday. “Emery put his personal profits above the law. He made millions of dollars by shipping millions of seeds into the U.S. He sold to anyone who would pay him — with no regard for the age or criminal activities of his customers. Now, Emery is paying the price for being part of the illegal drug trade that damages lives, homes and the environment.”

But Emery and his supporters worldwide have maintained from the start that his prosecution was politically motivated, citing a 2005 DEA press release touting his arrest as a “significant blow” 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 have one less pot of money to rely on,” former DEA Administrator Karen Tandy said in the July 2005 statement, which can no longer be found on the DEA’s website.

Emery’s lawyer reminded the judge of the press release in his presentencing memorandum, claiming there are other seed selling businesses in Canada that the U.S. government chose not to go after.

“The only thing that makes Mr. Emery unique or different from most of these other seed sellers is that Marc donated his proceeds to help fund lawful marijuana legalization efforts throughout the United States and Canada. On this record, no one can (or should) take the government seriously when it claims that this case was not politically motivated,” Richard Troberman wrote.

But the U.S. Attorney’s Office said that Emery’s personal politics had nothing to do with his prosecution.

“Through the years, and in various contexts, Marc Emery has meant different things to many people. But in the context of this federal criminal prosecution, Emery stands before the court as many others have before him — as an admitted drug dealer who has entered a plea of guilty to a large scale marijuana trafficking conspiracy,” the U.S. attorney’s office wrote in its presentencing memo. “The government’s case was investigated and prosecuted without regard for Emery’s personal politics, his political agenda or the ways in which he chose to spend the proceeds of his drug crimes.”

With Emery in prison, his wife, Jodie, has become the face behind their cause, which has not fallen dormant in his absence. Rallies to support Emery and the legalization movement will be held in more than 70 cities across the globe on September 18, she said.

“It’s going to be a long, difficult road ahead, but we’ll be able to make it with all the support we have,” she said.

Emery also remains firm in his beliefs, though in a letter to the court, he admitted his means may have been self-defeating.

“It was my sincere belief that the prohibitions on cannabis are hurtful to U.S. and Canadian citizens and are contrary to the U.S. and Canadian constitutions. I was, however, overzealous and reckless in pursuing this belief, and acted arrogantly in violation of U.S. federal law. I regret not choosing other methods — legal ones — to achieve my goals of peaceful political reform.”

Categories: marijuana, prison
  1. Brad Saulson
    September 22, 2010 at 7:29 pm | #1

    A man by the name of Marc Emery has been sentenced in the United States for illegally distributing cannabis seeds. His sentence is a five-year term with four years of probation, which means he will be in jail for approximately one year. Mr. Emery has been conducting his operation from his head shop in Vancouver, British Columbia. Mr. Emery is a known Marijuana activist who has been arrested multiple times for his protest, which he leads. It has been determined that he has used a portion of his profits to fund marijuana activists groups. The prosecutors have proclaimed that MR. Emery has sold cannabis seeds to people in the United States in Canada, knowing that it is illegal.
    The crimes that Mr. Emery has committed include, illegal sale of cannabis seeds, selling drugs to minors, drug trafficking ( mailing seeds from Canada to the United States) and a conspiracy to manufacture marijuana. I personally believe that the crimes he has committed aren’t worth a 5-year sentence. The only wrongdoing that I feel he should be punished for is supplying cannabis seeds to minors.
    I would classify this crime as mala prohibita, since it is illegal to sell, distribute or cultivate marijuana in the United States. It is only legal to purchase or cultivate marijuana in states that have passed a law to do so with a prescription and license distributed by the state and qualified medical doctors. I would report this crime in the NIBRS since it is an incident based crime, which relates to drug trafficking. Although, the agency collecting the data would be a non-local agency, since the crime has to do with international drug trafficking. I presume that the FBI and DEA would be the ones reporting the data for each count that he committed in the United States

  2. Kaitlin Geraigiri
    September 23, 2010 at 9:13 am | #2

    Marc Emery, a Canadian citizen, was recently arrested and tried in Seattle, Washington, for the illegal distribution of marijuana seeds. He pled guilty for a deal of a five year sentence, including four years of supervised probation. Emery is a known activist for the legalization of marijuana and is the founder of the British Columbia Marijuana Party, as well as the website CannibisCulture.com. Emery operated his business out of Vancouver, Canada, and would sell the seeds to anyone who wanted them, wether they asked through the mail or over the phone. Emery has sold these seeds to people in both the US and Canada all while fully aware that it is illegal.
    The only crime that Marc Emery was convicted for is the conspiracy to manufacture marijuana for selling the seeds to Americans.
    Marc Emery’s crime was mala en se because the distribution and/or cultivation of marijuana is illegal but it is not morally wrong. It is only wrong because it has been made that way by the law, as opposed to a crime like murder where it is against human morals to kill another man. If I was a police investigator, I would use the Uniformed Crime Report and report it as a part II crime because there is only one crime involved in this case.

  3. September 23, 2010 at 9:24 am | #3

    Marc Emery, a canadian marijuana activist was arrested and tried in Seattle, Washington for for trafficking marijuana seeds to the U.S. He entered the plea of guilty when he was sentenced five years in U.S. prison, and 4 years probation afterward. He was running his extremely profitable seed selling company out of his head shop in vancouver, british colombia. Marc is a known political activist for marijuana and has donated much of his profits to legal causes for legalizing marijuana.
    Emery has committed the crimes of illegally selling marijuana seeds to U.S. citizens, trafficking seeds from U.S. to canada, and possibly (due to lack of judgement on who he sold seeds to) selling marijuana seeds to minors.
    The crime in this article is mala prohibita because nobody was hurt by selling seeds to U.S. citizens. As a police investigator for the crime committed in this article i would report this crime to the UCR. The UCR is published by the FBI and since this is an international crime, i believe that the NIBRS would be the wrong crime database to report this crime.

  4. October 4, 2010 at 4:59 pm | #4

    This article is probably pretty appealing to many people when they see the words “pot” and “arrest” and must immediately click on this link. I’ve heard of this guy before and have known what he’s been trying to do. Legalizing marijuana is what Marc is known for. The school of Criminology that I chose for this article is Positive. One of the definitions for the Positive school of Criminology is that all crime is resulted from a choice that could potentially made by anyone. Marc Emery was arrested in Seattle, Washington and is being sentenced to jail for 5 years for selling marijuana seeds to a U.S customer that he got from his head shop in Vancouver, Canada. A person of the Positive school would find out the scientific reasoning for it and identifying the cause of it. Emery is getting a lot of support and there are over 70 cities rallying for him and for the legalization of marijuana in general.

  5. Rudi B
    October 6, 2010 at 3:06 pm | #5

    Marc Emery is not the typical drug abuse case. Emery, who resides in Vancouver, British Columbia, was a major seed-seller to the United States, and at the same time a huge respected advocate for the legalization of marijuana. In this particular incident he was charged within the jurisdiction of the United States, and pleaded guilty to a single count of conspiracy to manufacture marijuana. This is a five-year sentence, with four years of supervised probation. Emery had been operating a seed-selling business with two other partners, allowing customers in Canada and the United States to order seeds on the phone that would ship in the mail. These partners received lesser charges within the Canada justice system. The judge did acknowledge that Emery was using the total profits of the drug business to help funding the rallies for legalization and for medicinal marijuana programs.

    The Classical School of Criminology believed the human behavior is a result of free will, a concept that is centralized around or nature of seeking pleasure and avoiding pain. The root principles of right and wrong are inherent which cannot be denied. Therefore we seek stability in the form of a social contract that creates benefits, such as protection, while simultaneously vanquishing certain liberties. We make this choice when we choose become part of society over isolation. Crime is seen as not just breaking a law but as being immoral, as when doing so the bonds of trust between the individual and society are broken. With crime comes punishment, a necessary evil that seeks to deter future violators and be viewed as an example to all, rather than means to release anger on an individual.

    As someone from the Classical school, I would view Emery’s case as a prime example of what the Classical school is set out to accomplish. The one aspect I notice about drugs and its users is that many people have the mindset that they will not be the one that will be caught. My father always warns me, “you could be made the example.” Emery was running an illegal corporation, yet the evidence presented suggests his intentions were to benefit society. Even though his intentions contribute to him appearing a respectful member of society rather than being deemed as a “drug lord”, he chose a route that is not accepted by the rules of society.

    Marijuana is responsible for damaging lives, homes, and the environment while simultaneously being helpful as a medical aid in cases such as cancer patients. One of the packages of seeds sent out might have made someone’s life easier , yet another package induced several bad decisions. It is in this dilemma that is created into an example that this drug is illegal for a reason, our society can not yet properly maintain this drug. By Emery suffering his consequences, others can learn that doing something illegal, while with good intentions does not let you walk in the end.

  6. Emily Baumann
    October 6, 2010 at 10:13 pm | #6

    This article deals with a Canadian man Marc Emery also known as the “Prince of Pot”. He is one of the main faces behind the legalization of this drug. He would protest, made the website Cannabisculture.com, and even sell marijuana seeds to anyone; including individuals living in the United States. Emery has been arrested over a dozen times within the last couple of years. He was sentenced in a Washington court to five years in prison, four in which are supervised probation. Emery has been a target for the DEA for years now. Though he will now be in prison, his wife will now be taking the reins for his legalization campaign until the Prince of Pot gets out.

    Classical school of criminology believes that people have free will in making decisions, and that punishment can be a way to stop someone from committing a crime. They believe that it can be a specific deterrent like in this case since the punishment is severe it may deter him from committing this crime once he is out. It can also would for the general population. They also believe that as long as the punishment is proportional to the crime committed; and strictly enforced

    Someone from the classical school of criminology would says the Emery knew that what he was doing was wrong. He did not think that what he was doing would cause him to get arrested and sentenced to five years in prison. This crime would be considered mala prohibita but someone from classical school of criminology would probably sentence them as if it were a mala en se crime. The reason why they would sentence one in that way is because there understanding of punishment to crime was primitive at that time. There main goal is to deter one from committing the crime at all or even again.

  7. Dom Marotto
    October 6, 2010 at 11:26 pm | #7

    Marc Emery, Canada’s “prince of pot,” was arrested and sentenced to five years in jail after being charged with conspiracy to manufacture marijuana after an 18 month investigation of his seed selling business he operated from Vancouver. Emery was a strong activist for the legalization for marijuana and used much of his profits to aid organizations and groups that supported the legalization of marijuana. He felt that he was targeted more than other seed sellers due to his support for marijuana legalization and his aid that he provided to other activist groups and organizations. He had been arrested several times before and had his shop raided multiple times due to his marijuana activism and support in activist groups.

    According to the Classical School of Criminology human behavior is rational, people have the ability to choose right from wrong, and people make rational choices to commit crime. Other Classical School of Criminology beliefs include that behavior is a result of free will and pain & pleasure are central determinants of human behavior (hedonism). Punishment is viewed as a necessary evil and is used to deter law violators. Some other views include that the root principles of right and wrong are inherited and cannot be denied as well as social contract allows benefits to people that those would not receive in isolation. Crime is immoral; it breaks the bond between individuals and society.

    In this case, since the CSC believes everyone is treated equally under the law, they would see Emery as just another criminal, and would not acknowledge those allegations that he was targeted due to his activist attitude and support for activist groups. They would see Emery as acting upon free will and choosing to sell the marijuana seeds rationally for his benefit, and not just to do it. The CSC, I believe, would increase his sentence of five years (one in jail and four on parole) because his crime deserves an equivalent punishment and since the selling of millions of dollars of marijuana seeds is just the beginning to the distribution of pot to millions around the world, he appears to be the catalyst for the marijuana distribution around the US and Canada and should therefore be punished more severely in order to deter other law violators from doing the same things.

  8. alisha
    October 7, 2010 at 12:28 am | #8

    Marc Emery, Canada’s “prince of pot” was arrested and sentenced to five years in prison with four years of supervised probation. Emery is a cannabis activist who ran his business through his head shop in Vancouver. Emery sold cannabis seeds to many people in the U.S. He used most of his money to help fund the legalization of marijuana in the U.S. and Canada. Emery was caught after an 18 month investigation on his seed selling business. Before this arrest, his shop had been raided several times and Emery had been previously arrested for his support of activist groups. Emery believes he was targeted because he helped to fund organizations that fight to legalize marijuana.

  9. alisha
    October 7, 2010 at 12:49 am | #9

    Marc Emery, Canada’s “prince of pot” was arrested and sentenced to five years in prison with four years of supervised probation. Emery is a cannabis activist who ran his business through his head shop in Vancouver. Emery sold cannabis seeds to many people in the U.S. He used most of his money to help fund the legalization of marijuana in the U.S. and Canada. Emery was caught after an 18 month investigation on his seed selling business. Before this arrest, his shop had been raided several times and Emery had been previously arrested for his support of activist groups. Emery believes he was targeted because he helped to fund organizations that fight to legalize marijuana. Classical School: Classical school was formed by Jeremy Bentham and Cesare Beccaria. They believed that all humans are rational and have the free will to make their own decisions. People only want pleasure and not pain. It was believed that to commit crime was in one’s nature and it was bound to happen. It is natural. The laws created represent the moral consensus. Also they believed that all people are responsible for their actions. Both men thought that the fear of punishment would defer anyone from committing a crime. They also thought that the punishment should only be severe enough to take away pleasure. It should not be too harsh. I believe someone from the Classical School would think of Emery’s crime as a minor one. Yes he broke the law and was involved in illegal drug trafficking but at least he didn’t kill someone. Emery would definitely be punished because he acted exactly the way the Classical School says a person will act. Emery was rational and had the free will to know that what he was doing was wrong. The article states that Emery admitted to being wrong and wished he would have gone about his actions differently; legally. Emery was responsible for his wrong doing, therefore, he must be punished. I think someone from the Classical School would view Emery’s sentence as too harsh. I believe they would lower the five year sentence to two years or something like that.

  10. Brianna Volkmer
    October 7, 2010 at 12:53 am | #10

    Marc Emery known in Canada as the “prince of pot” was senanced in the state of Washington for selling marijuana seeds to U.S. citizens. Marc Emery ran this business out of his head shop in Vancouver, British Columbia. He was given a sentance of 5 years in prison as well as four years probation. Emery although selling drugs was not in it for the money solely.”…profits are known to have been channeled to marijuana legalization groups active in the United States and Canada. Drug legalization lobbyists have one less pot of money to rely on.”

    The crime in this artice was the illegal selling of marijuana seeds. Washington’s law states, “Cultivation, delivery or sale of marijuana is punishable by up to five years in prison and a fine up to $10,000. Any sale to a minor at least three years younger than the offender doubles the possible penalties.” Emery was said to have sold to anyone meaning that he was more than likely selling to minors at least three years younger than the offender.

    This crime is mala prohibia as the crime was illegal however not evil. The crime was not done with thought of physically harming someone such as with murder or rape. If i was a police officer I would prefer to submit this crime to the UCR. As only one crime was commited there is no nee to worry about the most serious crime being reported, as said in our text. UCR is used by everyone where as not every county used NIBRS. As UCR is widely used this crime and crime information will be reported and everyone will have the information.

  11. Alexa Filiberto
    October 20, 2010 at 7:06 pm | #11

    Marc Emery,from Canada, is known as the “prince of pot.” He pleaded guilty in U.s District Court in Seattle to a single count of conspiracy to manufacture marijuana after an 18-month investigation into the seed-selling business Emery operated from his head shop in Vancouver, British Columbia. He is sentenced to five years in prison and with a probation of four years. Emery is known for his efforts to legalize marijuana. He claims that all of his proceeds went towards helping fund lawful marijuana legalization across the U.S. and Canada. It is obvious that his actions were politically motivated.

    The crime that Emery committed was the illegal selling of marijuana seeds. Sigmund Freud would consider Emery as a neurotic person. A neurotic person is defined as a person who is less seriously ill. It is evident that since Emery did not commit a “violent crime,” he not mentally ill. He put deep thought into his actions and was politically motivated. His crime can be said to be a result of an overdeveloped superego. Emery aims for perfection and has a goal. It would not be fair to say that Emery has a mental disorder; he simply is trying to get a point across. Unfortunately, his actions were illegal and he has to pay the price.

    I believe that Emery committed this crime because he firmly believes in the legalization of marijuana. The fact that the money he made from selling was donated to funding lawful marijuana proves that he was politically motivated. I believe that not even prison can change his views on marijuana.

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