THE EMERY EXTRADITION BID HAS WIDER IMPLICATIONS

America's 'Reefer Madness' Mentality Vs. Canada's Sensible Stance

The attempt to extradite BC Marijuana Party leader Marc Emery to the United
States has significant ramifications for marijuana reform efforts in Canada
and, indeed, throughout North America.

Emery was a part of virtually every significant effort at changing our
approach to marijuana over the last decade. Much to the ire of the U.S.
Drug Enforcement Agency, Emery has funded political candidates, court
challenges, educational conferences and grass-roots initiatives in Canada
and across various U.S. cities and states.

Because of this political activism, the DEA targeted Emery. In his
post-arrest press conference, U.S. Attorney Jeff Sullivan expressed disgust
with Emery's "overwhelming arrogance" and gloated that the U.S. would no
longer have to listen to him.

These comments were followed by a virtual admission of the political
motivation behind the prosecution from Karen Tandy, the head of the DEA,
who claimed the arrest of "Emery, the publisher of Cannabis Culture
magazine and founder of a marijuana legalization group is a significant
blow to...the marijuana legalization movement."

Under the Extradition Act, the Justice Minister Irwin Cotler must refuse to
extradite if it appears that the criminal prosecution, no matter how
factually valid, is politically motivated. The U.S. has the same right,
exercising it in 2001 to refuse to extradite O.J. Pitawanakwat to Canada to
stand trial for his role in the 1995 Gustafson Lake standoff, which
featured two months of armed conflict between aboriginal protesters and the
Royal Canadian Mounted Police. Given Tandy's comments, the political nature
of the attack on Emery is clear.

Far from clear, however, is whether Tandy was correct in her assessment of
the impact on marijuana reform efforts. Emery is a lightning rod, whose
arrest should have a galvanizing effect on reformers on both sides of the
border. The other activists facing U.S. extradition are Michelle Rainey,
who uses marijuana to control Crohn's disease, and Greg Williams, a
soft-spoken and articulate expert on all things marijuana. Both are
sympathetic figures. They hardly resemble, in appearance or demeanour, the
international drug kingpins that the DEA apparently believes them to be.

The extradition proceedings will be played out against an interesting
political backdrop. Parliament returns in the fall with marijuana
legislation still waiting for a vote two years after its introduction.
Canadians will remember that the U.S. drug warriors have already flexed
their political muscles on this issue, throwing up the red herring of
potential tension at the border if Canada liberalizes pot laws.

A federal election also looms, providing Emery and other reformers with a
perfect opportunity to demonstrate the proven failure of prohibition.
Ironically, nowhere is that failure more evident than the U.S., which, over
the last decade, has shifted the focus of its drug war from cocaine and
heroin to marijuana.

In America, marijuana is public enemy number one. Yet, despite hundreds of
thousands of annual arrests, exceedingly harsh prison sentences, and the
expenditure of an estimated $4 billion US annually, America has seen no
decline in either the number of marijuana consumers or the amount of
marijuana available on the streets. There is no prohibition success story.

In pursuit of its reefer madness policies, the U.S. imposes lengthy jail
sentences on those convicted of marijuana offences. This is significant
because the Extradition Act requires the justice minister to refuse
extradition if the person will face unjust or oppressive penalties. If
extradited, Emery, Rainey and Williams face a minimum of 10 years and a
maximum of life without the possibility of parole.

In Canada, by contrast, Emery's last seed conviction netted him a small
fine. And that was almost a decade ago, when public attitudes to marijuana
were less tolerant than today. Since then, Canadian public opinion has
liberalized significantly, and the courts have taken note.

The B.C. Court of Appeal recently decided, quite appropriately, that a
two-year sentence for growing marijuana worth an estimated $100,000 was
"harsh and excessive," imposing a non-custodial conditional sentence
instead. If incarceration is not a just sentence for growing the plants,
surely the Canadian conscience is shocked by the prospect of life prison
terms for selling the seeds.

Canadians might also be shocked at the price of prosecuting the Prince of
Pot. The Canadian taxpayer will foot the bill for the multi-year legal
battle and may grow tired of paying. After all, Canada does not really seem
to consider Emery a criminal. The ministry of health suggested that
patients buy marijuana seeds from Internet vendors like Emery. Ottawa
accepted hundreds of thousands of dollars in taxes from marijuana seed
sales. And most Canadians think, rightly, that police have more important
things to do than enforce marijuana laws.

Emery's arrest has galvanized activists across Canada. And many Canadians
who care nothing about marijuana appear deeply concerned about increasing
American intervention into our domestic political issues. If the furore
over this case expands beyond the cannabis community, the DEA may have
inadvertently set into motion a chain of events that will culminate in real
marijuana law reform. And that would be a delicious irony indeed.