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News (Media Awareness Project) - CN BC: Holy Smoke Workers Found Guilty
Title:CN BC: Holy Smoke Workers Found Guilty
Published On:2008-10-02
Source:Nelson Star (CN BC)
Fetched On:2008-10-03 22:31:34
HOLY SMOKE WORKERS FOUND GUILTY

Known throughout the city as marijuana advocates, Holy Smoke
co-owners Paul DeFelice and Alan Middlemiss, along with sales
associates Kelsey Stratas and Akka Annis, were found guilty of drug
trafficking charges in Nelson Provincial Court Friday.

"I'm disappointed to say the least. The proposed sentence seemed
rather severe for what we did," said DeFelice.

"We are being punished more harshly than street dealers who sell
adulterated drugs to people of any age in any location," he added.

After the trial, each of the four people were found guilty of two
counts of trafficking cannabis and three of the four men are facing a
possible nine months to a year in jail.

The trial stemmed from an incident which happened July 15, 2006, when
police raided the Holy Smoke Culture Shop, finding around $9,000 in
cash and a pound and a half of marijuana. "We had the audacity to not
plead guilty because we don't think we are doing anything wrong,"
said DeFelice.

The four men attended court in April 2008, where they did not deny
the accusations. Instead they stated the shop is a way to safely deal
drugs to adults suffering from diseases.

During the trial the men kept this tone, as they had Dr. Robert
Melamde from the University of Colorado explain the affects of the
drug on the body.

They also brought a recovering drug addict to the stand to testify
how marijuana helped him get off hard drugs.

"I was quite disturbed by how easily the court dismissed the
testimony of our expert witness Dr. Melamede and the evidence from
the recent Canadian Senate Committee on Illegal Drugs," said Middlemiss.

"The court effectively covered its ears and eyes when it came to over
2000 peer reviewed papers that Dr. Melamede offered up as evidence
and mocked the Senate as unelected," he added.

The four men also said that they decided to sell the drug out of a
store instead of having the business take place in a community park
in the same area.

"I found it extremely hard to listen to the Crown claim the high
ground regarding kids when we are trying to protect youth from the
crooks and the cops," said DeFelice.

In the end, Judge Don Sperry found the men guilty as he stated they
failed to provide the community a service by helping those with illnesses.

"He said things like claiming we were riding on the backs of the
sick, but we are founders of the Cannabis Compassion Club to make
sure sick people are looked after and have an alternative to the
streets," said DeFelice.

One of the men, Annis, will be receiving a slightly lesser sentence
as he lacks a criminal record, however the other men have charges of
trafficking and procession from a previous dates.

"My last record was about 10 years ago when I wouldn't give my
fingerprints for something that I didn't do anyway," said DeFelice.

"They had to ... find really old records, none of them involving any
violence," he added.

The owners of the building have now decided to sell it, and DeFelice
stated the Holy Smoke Culture Shop will likely not be relocated

However he said that the men will continue to advocate for marijuana.

The sentencing was postponed until October 14th at 9 a.m. in
Provincial Court in order to give the men time to gather letters of character.

"The only thing that could possibly keep us out of jail would be a
flood of letters explaining our character, sent to our lawyer Don
Skogstad," said DeFelice.
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