ACTIVIST SAYS POT SALES WERE LEGAL

Store Owner Remitted Tax To Government From Marijuana

Nick Minardi -- owner of the Harvest Moon downtown hemp shop recently
raided by police who found marijuana, magic mushrooms and $240,000 in cash
-- is back in business, though he says not selling drugs.

Minardi sees himself as a reluctant activist taking a stand against
marijuana prohibition. Given the trend toward relaxed marijuana laws in
Canada in recent years, the 41-year-old entrepreneur says he believed his
pot sales were de facto legal and thus tolerated by the authorities.

In fact, Minardi said for almost three years he has been remitting 15 per
cent in tax from the sale of marijuana, which he rings through his store
till, to the federal and provincial governments. That represents a
significant amount since Minardi says Harvest Moon, which also offers other
fare such as throw rugs, posters and hemp products, generates monthly sales
between $16,000 and $18,000.

"I felt I was lawful in my actions," Minardi said during an interview at a
local coffee shop, alleging officers pointed a firearm in his face when
they arrested him. "It is basically legal in medical conditions and I
wanted to concentrate on that. I just wanted to provide a safe access for
people who were in need."

And while Minardi says selling psilocybin, commonly called magic mushroom,
is illegal, he considers it a spirituality aid. Besides, he said, the
mushrooms police confiscated were not yet fully cured.

Windsor police disagree that selling pot and psilocybin is OK. Officers
raided his store July 8, finding not only pot and mushrooms with an
estimated street value of about $149,000, but the largest seizure of money
in a drug bust in Windsor history. Police Staff Sgt. Ed McNorton said at
the time: "They found cash and drugs all over the entire building, on
counters, under counters, under cash registers, in back rooms, in closets.
Almost every area in the business had either cash or drugs."

Minardi said he simply does not trust banks and that his "life savings"
were earmarked for a store expansion.

Richard Pollock, the lead federal prosecutor in Windsor, said Minardi knows
full well selling marijuana is illegal since in 1995 he was sentenced to
two years less a day for cultivating marijuana and possession for the
purpose of trafficking -- in the process forfeiting a motorcycle, 5,775
grams of marijuana and $32,000 in cash.

Will prosecute

"Mr. Minardi's track record speaks for itself and we expect to prosecute
Mr. Minardi to the full extent of the law, without hesitation or
reservations," Pollock said Tuesday. "The fact is, drug use and drug
trafficking contribute to serious crime in the community."

Pollock says 70 to 80 per cent of prison terms involve narcotics, which can
be physically and mentally harmful.

Many people, however, consider marijuana a soft drug and, though a health
risk, not a serious societal threat.

Prime Minister Paul Martin said a few weeks ago he intends to soon
reintroduce a bill -- first proposed without success by his predecessor
Jean Chretien -- to decriminalize possession of small amounts of cannabis
in Canada.

Last summer, much of the Ontario justice system briefly suspended
prosecuting marijuana possession while the province redefined its drug law.
A Canadian Senate report has called for cannabis legalization. And several
pot cafes have opened in Vancouver.

Pollock said the justice system does consider Canada's more lenient
attitude toward pot.

"The average person, including the media, might not be aware that the
courts, police and the Crown have acknowledged the change in attitude
toward marijuana use over the last 20 years, particularly in the past 10,"
Pollock said. "And that is reflected in the sentencing."

Citizens without criminal records caught with five grams or less of
marijuana may be sentenced to "criminal diversion," meaning they typically
pay between $100 and $300 to a charity or complete community service and do
not receive a criminal record. Large amounts of pot are a different story.

Minardi said while he respects the police, he considers law enforcement out
of step with the community on marijuana. One of the reasons Minardi claims
he was encouraged to continue operating Harvest Moon was a visit in 2002
from two Ottawa officials. Minardi claims they were senators Pierre Claude
Nolin, who led the Senate Special Committee on Illegal Drugs which called
for legalization of marijuana, and Colin Kenny, deputy-chairman of the same
committee. The two were in Windsor in 2002 as part of a cross-country tour
seeking input from Canadians on narcotics.

"I presented them my business plan," Minardi recalled. "I told them
basically exactly what I was doing and they pretty much gave me the thumbs
up, because these guys are talking about legalization of marijuana."

An aide in Nolin's office said the senator does not remember visiting
Harvest Moon and would never suggest anybody break the laws of the land.

Kenny says the same thing about visiting the hemp store. "I certainly
didn't," he said. "At least, I have no recollection of it."

[Sidebar]

Pushing The Envelope

While marijuana is still illegal almost everywhere in the world, a few
jurisdictions are becoming increasingly lenient toward the much-debated
narcotic, including Vancouver where at least half a dozen cannabis cafes
have opened.

"We have the same status as compassion clubs but we run our shop as a
cannabis cafe, so we're open to the public," said Carol Gwilt, co-owner of
Da Kine Beverage & Smoke Shop in downtown Vancouver. "You need to have
medical certification. So we strongly encourage people to get a card."

Gwilt fully admits, however, that Da Kine often sells to people without
medical certification, though customers must be 19 or over to enter the cafe.

"We're pushing the envelope," she said. "We're demanding legalization."