Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
This may be the most pot-happy town in Canada, but three local marijuana vendors are bracing for prison in a case their lawyer compares to the controversy over Vancouver's infamous safe-injection site.
Prosecutor Robert Brown argued in Provincial Court here Friday that over-the-counter pot sales at the Holy Smoke Culture Shop were motivated by greed and that the business at the downtown's edge was a "magnetic" attraction to young people.
Brown told Judge Don Sperry that Alan Middlemiss, Paul DeFelice, and Kelsey Stratas deserve nine to 12 months in prison, while Akka Annis should receive a lesser sentence, as the only one never convicted previously of selling marijuana.
"This unique situation offers a group of people who really don't come before you with any remorse," Brown told Sperry. "The boldness of it, it's almost a defiant stand." The accused admit they sold pot to customers, including undercover police, but they argue the legal defence of necessity: It was necessary to sell pot in a retail fashion to eliminate street-level dealing in a small nearby park.
"The motive here was not profit," said defence lawyer Don Skogstad. His clients sold pure marijuana for a good price, protecting customers from the police-documented menace of pot laced with hard drugs such as crystal meth, Skogstad said. Holy Smoke also sold marijuana to people who needed the drug for medical conditions, he said.
Outside court, Skogstad said the Holy Smoke pot business provided harm reduction similar to Insite, the controversial Vancouver facility where heroin and cocaine addicts shoot up under medical supervision. Skogstad said his clients should receive conditional discharges requiring community service but producing no criminal record. Even a street dealer selling pot laced with other drugs to children wouldn't receive a nine-to-12-month sentence, Skogstad said.
Brown contended that "many, many" Nelson parents suffered "extreme stress" worrying that Holy Smoke was a powerful attraction for their kids.
The accused maintain that they checked IDs and never sold pot to anyone under 19.
The defence relied heavily on testimony from University of Colorado scientist Robert Melamede, who testified that pot contains anti-aging compounds and can also treat heart disease, cancer and Alzheimer's. Melamede propounded a "reverse gateway" theory -- that marijuana can help people quit harder drugs.
Sperry said Friday he could give little weight to Melamede's testimony, as the scientist was a marijuana advocate and prone to mixing science with anecdote, fact with hypothesis.
The judge's address Friday was laced with criticism of the accused.
"They chose to cast the moneylenders out of the temple by setting up a cash-to-payday operation across the street," Sperry said.
Instead of selling pot to combat street dealing, the men could've called police anonymously or made citizen's arrests, Sperry said.
The judge's comments were not received with optimism by the accused.
"It's almost a guarantee that we're going to jail," Middlemiss said outside court.
Holy Smoke is still in business as a head shop where people can smoke their own pot, DeFelice said, adding that there are no pot sales in the store "that I know of." Dustin Cantwell, who owns the shop with Middlemiss and DeFelice but was not charged, said unscrupulous pot dealers who also sell hard drugs are awaiting Holy Smoke's final fall.
"As soon as we're gone, you will see the wolves come out of the woods, and I don't think Nelson will be better for it," Cantwell said.
Sperry gave Skogstad until Oct. 14 to bring evidence to court related to community support for the accused, and their past community service. Skogstad said outside court his clients plan to appeal if sentenced to jail.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Province
Author: Ethan Baron
Copyright: 2008 Canwest Digital Media
Contact: About | canada.com
Website: Nelson head-shop workers face hard time
Prosecutor Robert Brown argued in Provincial Court here Friday that over-the-counter pot sales at the Holy Smoke Culture Shop were motivated by greed and that the business at the downtown's edge was a "magnetic" attraction to young people.
Brown told Judge Don Sperry that Alan Middlemiss, Paul DeFelice, and Kelsey Stratas deserve nine to 12 months in prison, while Akka Annis should receive a lesser sentence, as the only one never convicted previously of selling marijuana.
"This unique situation offers a group of people who really don't come before you with any remorse," Brown told Sperry. "The boldness of it, it's almost a defiant stand." The accused admit they sold pot to customers, including undercover police, but they argue the legal defence of necessity: It was necessary to sell pot in a retail fashion to eliminate street-level dealing in a small nearby park.
"The motive here was not profit," said defence lawyer Don Skogstad. His clients sold pure marijuana for a good price, protecting customers from the police-documented menace of pot laced with hard drugs such as crystal meth, Skogstad said. Holy Smoke also sold marijuana to people who needed the drug for medical conditions, he said.
Outside court, Skogstad said the Holy Smoke pot business provided harm reduction similar to Insite, the controversial Vancouver facility where heroin and cocaine addicts shoot up under medical supervision. Skogstad said his clients should receive conditional discharges requiring community service but producing no criminal record. Even a street dealer selling pot laced with other drugs to children wouldn't receive a nine-to-12-month sentence, Skogstad said.
Brown contended that "many, many" Nelson parents suffered "extreme stress" worrying that Holy Smoke was a powerful attraction for their kids.
The accused maintain that they checked IDs and never sold pot to anyone under 19.
The defence relied heavily on testimony from University of Colorado scientist Robert Melamede, who testified that pot contains anti-aging compounds and can also treat heart disease, cancer and Alzheimer's. Melamede propounded a "reverse gateway" theory -- that marijuana can help people quit harder drugs.
Sperry said Friday he could give little weight to Melamede's testimony, as the scientist was a marijuana advocate and prone to mixing science with anecdote, fact with hypothesis.
The judge's address Friday was laced with criticism of the accused.
"They chose to cast the moneylenders out of the temple by setting up a cash-to-payday operation across the street," Sperry said.
Instead of selling pot to combat street dealing, the men could've called police anonymously or made citizen's arrests, Sperry said.
The judge's comments were not received with optimism by the accused.
"It's almost a guarantee that we're going to jail," Middlemiss said outside court.
Holy Smoke is still in business as a head shop where people can smoke their own pot, DeFelice said, adding that there are no pot sales in the store "that I know of." Dustin Cantwell, who owns the shop with Middlemiss and DeFelice but was not charged, said unscrupulous pot dealers who also sell hard drugs are awaiting Holy Smoke's final fall.
"As soon as we're gone, you will see the wolves come out of the woods, and I don't think Nelson will be better for it," Cantwell said.
Sperry gave Skogstad until Oct. 14 to bring evidence to court related to community support for the accused, and their past community service. Skogstad said outside court his clients plan to appeal if sentenced to jail.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Province
Author: Ethan Baron
Copyright: 2008 Canwest Digital Media
Contact: About | canada.com
Website: Nelson head-shop workers face hard time
