POT CHARGES STIR DEBATE

Remembering their notorious case nine years ago, co-owners of Holy
Smoke Culture Shop in Nelson were in court Aug. 22, each charged with
two counts of trafficking in a controlled substance.

Their terms of release were reset to allow them to associate with
friends and colleagues.

In 1997, Holy Smoke was raided and trafficking charges laid, but in
preliminary hearing, the judge found police procedures were flawed
and the case didn't reach trial.

Paul DeFelice and Alan Middlemiss, partners in Holy Smoke's
"business/political movement," were arrested July 15 and Aug. 13 respectively.

For the Aug. 22 appearance, no judge - only Crown counsel Rob Brown
and the defendants' lawyer Don Skogstad - were present, said
Middlemiss. DeFelice's case starts in October and Middlemiss appears
in November. DeFelice was arrested in an early evening raid outside his store.

Middlemiss surrendered to Nelson City Police voluntarily, was told
there was a warrant for his arrest and returned an hour later to be
arrested by NCP Const. Paul Burkart.

Holy Smoke is well-known for activism in the marijuana movement. Its
owners believe they can advance the cause of decriminalization and
legalization in Canada by their open presence in Nelson and their
public advocacy with events, such as their Baker Street parade in
Nelson, Aug. 12.

Middlemiss said this case could lead to a victory in striking down
the laws on marijuana.

He believes there is a way his case and his partner's can be won if
their lawyer likes their strategy. Middlemiss says he thinks the law
on marijuana as a controlled substance is in abeyance ("the law of no
law" he calls it) since the former Liberal government of Canada did
not meet a judge's deadline to rewrite the law with provisions for
medical use of pot.

"I welcome the platform and the spotlight, and I'll use them," said DeFelice.

"If they're going to set the table, I'll sit down to eat...I want to
educate the public."

Middlemiss added drama to his case at NCP station by stripping when
placed under arrest, explaining he removed his clothes in observance
of non-violent protest tradition.

Middlemiss said he was anticipating a body-cavity search by the
arresting officer, but there wasn't one, and Const. Burkart said he
has never done such searches.

Sgt. Steve Bank said the arrests of Holy Smoke co-owners form part of
larger investigations he and Burkart initiated.

A pound-and-a-half of pot and cash were seized during the search at
DeFelice's arrest.

Bank said the idea that Nelson is a place where it's easy to get and
use pot is wrong, and will be corrected because the community doesn't
support Holy Smoke's activities.

Middlemiss questions Bank's knowledge of Nelson.

"Since when did he become spokesperson for the community?"