POT TRAFFICKERS' JAIL TERMS OVERTURNED

The jail sentences for two former owners and an employee of a Nelson
store who were convicted of trafficking marijuana have been reduced to
conditional sentences on appeal. Following their convictions, Paul
Stephen De Felice and Alan Stewart Middlemiss, owners of the Holy
Smoke Culture Shop, were dealt one-year jail terms. Employee Kelsey
Windrawn Stratas was handed eight months in jail.

The three appealed their sentences to the B.C. Court of Appeal, which
found that the trial judge had erred in finding that they were at risk
of re-offending.

A three-member panel of the court found that a properly crafted
conditional sentence could express condemnation of illegal conduct and
still be a significant deterrent.

De Felice and Middlemiss received nine-month conditional sentences,
and Stratas a six-month conditional sentence. The panel ordered that
house arrest be required for the duration of the sentence, as well as
a ban on the use of drugs and alcohol.

In December, the Appeal Court dismissed their conviction
appeals.

The three men, who have been out on bail, surrendered themselves
Wednesday but were expected to be released after the ruling.

At the time of their arrests, the store had been operating for a
number of years and sold pot, cannabis resin and magic mushrooms in
addition to cannabis paraphernalia, food items, coffee and tobacco.

At sentencing, their lawyer argued that the business provided harm
reduction similar to Vancouver's Insite project, where addicts shoot
up under medical supervision.

A prosecutor argued they were motivated by greed.

Akka Annis, a second employee, received a sentence of 40 days to be
served intermittently, but he abandoned his appeal.