U.S. DRUG WAR INVADES CANADA

Marc Emery has surrendered to authorities and will soon be in an
American prison, serving up to five years for the crime of shipping
marijuana seeds across the border from Canada.

His incarceration will do nothing to stem the flow of drugs -- most
more hazardous than pot -- to U.S. cities and it is not likely that
any Americans who bought from him would even consider themselves as
his victims.

But in putting Emery behind bars, the American authorities will claim
a major victory in their war on drugs. They will also have set a
shining example, a warning to anyone else who might think that
selling illicit drugs could be a way to vast riches at no risk.

Let's be clear: Emery should not be seen as a hero or even a
marijuana martyr, as he has been dubbed. He has simply been mixing
the promotion of a business -- the sale of seeds -- with single-issue
politics, namely the legalization of marijuana, for many years. His
in-your-face style has been a key ingredient in his success, which in
turn led to his downfall.

Emery has been on the leading edge of the fight for more liberal
marijuana laws. As a result, he made many friends and many enemies.

He sent copies of his catalogues to politicians. He paid taxes on his
pot-seed income. He did everything he could to legitimize his
business, even after being convicted in 1998 of selling pot seeds.
His fine was $2,000.

But that was in Canada, where we don't worry about marijuana as much
as the Americans do.

Emery's mistake -- whether it was just another way to make money, or
to make a statement -- was to sell those seeds into the U.S. through the mail.

He was indicted in July 2005, along with two associates, and charged
with conspiracy to distribute marijuana and conspiracy to engage in
money laundering. Those charges were dropped when Emery agreed to
plead guilty to a charge of conspiracy to manufacture marijuana.

No matter what we think of Emery or of marijuana, this is a disturbing case.

A Canadian who did not leave Canada has been found guilty under
American law and will serve time in the U.S.

In Canada, his punishment would have been a month in jail, assuming
he had been arrested in the first place. (Bear in mind that Health
Canada had recommended that medical marijuana patients get their
seeds from Emery. His business had a stamp of approval from the
federal government.)

Yet Canadian authorities rushed to help the Americans go after Emery.
As a result, he is being delivered to a U.S. prison and can be
expected to serve a tough sentence.

It's acceptable to shoot heroin in Victoria; you can even ask for a
free needle. Selling marijuana seeds to someone south of the border?
That's the go-to-jail card. Our attitudes toward drugs are so
inconsistent that it's surprising anyone can keep them straight.

Canada had legitimate options that would have avoided this outcome.
Instead, the government willing compromised sovereignty and helped
bring the costly, futile U.S. war on drugs across the border.