[quote]'Prince of Pot' denied move to Canada
By KRISTY BROWNLEE, QMI Agency
Last Updated: April 16, 2011 4:21am
Marc Emery lights up a marijuana cigarette in front of the London Ontario police headquarters in this Aug. 26, 2003 file photo. (Morris Lamont, QMI Agency)
Canada's "Prince of Pot" has been denied a prison transfer back to Canada and will likely serve his entire sentence in the United States.
Vancouver resident Marc Emery was sentenced to five years in prison after pleading guilty in the U.S. on May 24 for selling marijuana seeds online to Americans.[quote]
He sold the seeds online? So, where was he when he sold the seeds? If in Canada, then he'd broken no US law, but Canadian laws, in which case the US has no jurisdiction in the case. Can anyone elaborate on that?
[quote]Kirk Tousaw, his Vancouver lawyer, said the Canadian consulate advised Emery, 53, on Friday that he was denied a transfer to Canada by U.S. authorities due to the "seriousness of the offence" and "law enforcement concerns."
Tousaw said the U.S. Department of Justice confirmed the decision, but did not elaborate on the reasons for the decision.
Emery is eligible to reapply for a transfer to a Canadian prison in two years, Tousaw said.[quote]
Now if the crime wree committed in the US (if he was physically in the US when he sold the seeds, then US law applies and so the US has no obligation to send him back to Canada).
Emery's wife, Jodie, 26, said she is "devastated."
"This is pretty shocking to think he will have to serve 85 to 100% of his sentence in the U.S., when people right now are legally selling marijuana seeds in the U.S.," she said. "The irony is upsetting."
Whether it's legal now or not is irrelevant. If it was illegal at the time he did it, then he's guilty as per the laws at the time.