New prime minister worries 'prince of pot'
Source: Prince George Free Press, 01/01/04

Tuesday came and went the same as any day as far as the Prince of Pot is concerned.

This week's Supreme Court of Canada ruling that found laws prohibiting marijuana possession constitutional was anything but a surprise, said Marc Emery, president of the B.C. Marijuana Party and dubbed the prince for his pot activism.

The high court ruled 6-3 that a law banning possession of even small amounts of pot does not violate the Charter of Rights and Freedoms.

It was faced with the issue after two B.C. men and a man from Ontario brought cases challenging the constitutionality of the law.

Emery, who attended the court hearing in Ottawa in May, said he could have predicted from the judges' comments that the ruling would come down 6-3 the way it did.

"The verdict is disappointing, but not surprising," he said. "The greater danger to me is [Prime Minister] Paul Martin introducing a new bill that will further enhance penalties for the people who grow marijuana."

Martin indicated he will consider re-introducing legislation to decriminalize minor possession while at the same time strengthening penalties for growers.

The original legislation was brought in during the spring 2003 sitting of parliament, but died on the order paper.

Under the proposed law, possession of less than 15 grams of marijuana would become a ticketing offence, much like a speeding fine. It would come with no criminal record. From 15 to 30 grams, police would have discretion whether to ticket or charge the person criminally.

At the other end of the scale, someone found growing up to three plants would face up to a $5,000 fine and 12 months in jail. Four to 25 plants would earn a fine of up to $25,000 and 18 months jail time. Growing 26 to 50 could result in 10 years jail, while having over 50 plants could earn the perpetrator up to 14 years, double the current maximum.

The severity of the penalties for growing pot are out of all proportion to its impacts on society, said Emery.

"In British Columbia, you're looking at upwards of a quarter million people who grow marijuana for a living and who might be subject to penalties - equivalent to aggravated assault or arson, in the severity of sentence."

The law will have the opposite effect as intended, he said.

By increasing the risk to growers, the government will make the business more lucrative, and therefore more attractive to organized crime, he said, noting the street price for marijuana is much higher than for any other legal commodity.

"There's no legal plant that goes for $3,000 a pound or even $100 a pound."

Complete legalization of the drug is the only thing that will remove the criminal element, as well as reduce the load on the court system, he said.

"All the problems associated with marijuana are related to its prohibition, not to the fact that it's marijuana."

Emery was in Prince George last summer as part of his cross-Canada tour supporting the legalization of marijuana.

He challenged police departments in most major cities across the country to arrest him so that he, too, could challenge the country's pot laws.

Prince George RCMP ignored him as he shared a massive joint with about 50 people across the street from the local detachment. Police in 11 other cities did the same.

Emery was arrested and charged in six cities: Calgary, Edmonton, Winnipeg, Regina, St. John and Moncton. All six charges were dropped, however.