How they see us: Picking on Canadian pot dealers

When it comes to marijuana laws,

When it comes to marijuana laws, “Americans are dopes,” said Paul Berton in The Calgary Sun. Because the U.S. is so paranoid about pot, a prominent Canadian activist is about to go to jail for five years, “longer than some violent offenders.” The American justice system has targeted Marc Emery, a 49-year-old Vancouver businessman and founder of the British Columbia Marijuana Party, for selling marijuana seeds over the Internet. Some of Emery’s clients were Americans, so the U.S. insisted that Emery be extradited to American soil and tried. Fortunately, Emery’s Canadian lawyers worked out a plea bargain under which he can serve his time in a Canadian prison. Had Emery actually been extradited to the U.S., he would have faced a minimum of 10 years in a U.S. jail. But given that pot is such a non-issue here, many Canadians “wonder why the justice system is spending so much energy and money” to incarcerate this man at all.

That’s the key question, said the Toronto Star in an editorial. Emery is a victim of Canada’s failure to enforce its own laws. Under extradition law, a Canadian can be sent to the U.S. for trial only if the offense he is charged with there is also a crime in Canada and if he has not been charged in Canada. Selling marijuana seeds is, technically, illegal here. But Emery had been doing it openly—even brazenly—for years, secure in the knowledge that the Canadian police wouldn’t touch him. The Canadian government didn’t care about his offense: In fact, up until just a few years ago, “the feds were directing medical marijuana users to Emery’s Web site.” So we shouldn’t blame the Americans for Emery’s plight. “The reason Emery is facing a five-year prison sentence is not because the U.S. is enforcing the law, but because Canada refuses to.” Since most Canadians do not consider selling or growing marijuana to be a prison-worthy offense, Canada should strike down that law.

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