NO SYMPATHY FOR THE PRINCE OF POT

The last time Marc Emery was put behind bars, we had sympathy for him. The
prominent marijuana activist, commonly referred to as Canada's "Prince of
Pot," had been sentenced to three months in prison by Saskatchewan
provincial court judge Albert Lavoie for passing a single joint to someone
else at a Saskatoon rally. Even those who don't share our enthusiasm for
legalizing the substance must surely have recognized Mr. Emery's
trafficking conviction and sentence were absurd reactions to a very minor
offence.

If American allegations against Mr. Emery are accurate, however, we are
less sympathetic this time around. Arrested last Friday in Lawrencetown,
N.S., on the request of U.S. authorities, and released yesterday on bail,
the British Columbia Marijuana Party leader -- along with the party's
financial agent, Michelle Rainey-Fenkarek, and Pot-TV employee Greg
Williams -- faces U.S. charges of conspiracy to manufacture marijuana,
distribute seeds and engage in money laundering. If extradited south of the
border, as U.S. officials are hoping, he could face convictions ranging
from 10 years to life in prison.

The allegations mostly centre around Mr. Emery's sale of marijuana seeds on
the Internet and by mail. Following an 18-month police investigation, the
Americans allege he's sold as much as $3-million in seeds.

We have no idea whether that figure is accurate. But there seems little
debate that Mr. Emery has been selling and shipping seeds both north and
south of the border. And that being the case, the shock and horror of his
supporters at the U.S. charges seem a little misplaced.

While selling or even possessing marijuana remains illegal in Canada
(pending legislation that stands to decriminalize possession of small
amounts for personal use), we treat the substance far less seriously than
do our neighbours. So if Mr. Emery had limited his business to Canada, he
likely could have escaped prosecution, or at least avoided any serious jail
time. (Of his 11 previous convictions for marijauana-related offences, only
last year's in Saskatchewan saw him imprisoned.) But by knowingly selling
pot seeds in the United States, which everyone knows takes such matters far
more seriously, Mr. Emery left himself vulnerable to grave consequences.
Despite what his supporters claim, the U.S. is not attempting to punish him
for what he does in Canada; it's aiming to crack down on what it considers
to be drug dealing on its own turf.

Many Canadians share our view that America's War-on-Drugs approach to
marijuana -- a mostly recreational substance that is less harmful than
alcohol or tobacco -- is pointless and ill-advised. But that doesn't mean
we can violate commonly known, rigidly enforced U.S. laws at will. If
that's what Mr. Emery did, he's a poor candidate to play the victim card.