SMOKESTERS SNUFFED

Holy Smoke Trial: Nelson Pot Shop Four Found Guilty; Crown Says
Sentencing Will Be a Precedent

A guilty verdict came down last Friday in Nelson Provincial Court for
the four men charged with marijuana trafficking out of Nelson's Holy
Smoke Culture Shop.

After the guilty verdict, three of the four men could be looking at
spending nine months to a year in jail when they head back to court
for sentencing in two weeks time.

Holy Smoke co-owners, Alan Middlemiss and Paul DeFelice and sales
associates Kelsey Stratas and Akka Annis were each charged with two
counts of trafficking cannabis after the Nelson Police Department
raided the store on July 15, 2006 and said they found a pound and a
half of marijuana and between $8,000 and $9,000 in cash.

When the four men went to court in late - April 2008 to face their
charges, they did not deny the charges, but instead admitted to
selling marijuana from the shop as a way to provide a safe, quality
product to adults, and to provide easy access to those who use
marijuana for medical purposes.

In an effort to show just cause for the marijuana sale, Don Skogstad,
attorney for the four men, brought in witnesses such as recovering
drug addicts who stated that marijuana helped them get off hard drugs,
people with chronic illnesses who bought pot from the shop to help
them deal with their diseases, and expert witness, Dr. Robert Melamede
of the University of Colorado, who testified about the effects of
marijuana on the human body.

They also argued that they initially started selling marijuana out of
the store in an effort to stop the drug dealing activities taking
place in the community park next to the business.

Judge Don Sperry found them guilty as charged, saying the evidence
presented by the defense failed to justify their claims.

Sperry also said that the decriminalization or legalization of
marijuana - which was a theme throughout the trial - is not a matter
to be settled in a provincial court.

Crown prosecutor, Rob Brown said the proper sentencing in this case is
difficult to determine because there have been no trials similar to
this one held in the country to set a precedent.