Constitutional Challenge Update, Spring 1997

March 31, 1997
What follows is an update on the current situations at four hemp stores that are involved with constitutional challenges. This is an excerpt from the coming issue of Cannabis Canada.

Hemp Nation proprietor Chris Clay was arrested on May 17, 1995 after selling small cannabis plant cuttings in his London, Ontario store. Although he operated Canada's first hemp store for two years previously, local police finally decided he had "pushed the envelope" too far and laid a number of charges.

With the help of Toronto law professor Alan Young and his partner Paul Burstein, a challenge of Canada's cannabis laws was launched on constitutional grounds. Professor Young has been planning the challenge for more than ten years, and had a partial victory recently when an Ontario court struck down the laws banning drug literature. The challenge will bring expert witnesses from all over North America to testify.

Hemp Nation was busted again on December 6, 1996; this time, police decided marijuana seeds are "narcotics" and seized computers, financial records and $40,000+ of inventory.

Please support the upcoming legal battle by making a small donation -- funds are urgently required to bring expert witnesses to testify. The trial of Chris Clay begins on April 28, 1997 in London, Ontario, Canada. The countdown is on, and victory means legal cannabis for industrial, medical and recreational purposes.

As of March 27, $19,125 CDN has been raised. Over 500 Victory Bonds have been sold, and recently Marc Emery, owner of Hemp BC, personally donated $4,000.

However, Professor Young was counting on a $25,000 grant from U.S. billionaire George Soros' Drug Policy Foundation. The trial begins in 4 weeks and we haven't received approval yet. We are now under tremendous pressure to raise money as quickly as possible since flights and accomodations must be booked immediately for the expert witnesses.

So far, over $9,000 has been spent towards transcripts, phone calls, photocopies, court fees etc. As a result, there remains approximately $10,000 in the trust account. We estimate the remaining expenses for the constitutional challenge to top $15,000.

Please do what you can to help. Professor Young and his partner Paul Burstein have literally spent hundreds of hours on this case at no charge, and have prepared a very comprehensive challenge to Canada's outdated cannabis laws. Donations of any size are urgently required to ensure success.

The Constitutional challenge begins April 28th

Have you bought your Victory Bond yet?

When Vancouver police raided Hemp BC on January 5, 1996, they seized their entire inventory of pipes, bongs and vapourizers, as well as their whole supply of marijuana seeds, and other miscellaneous items like computer disks with back issues of Cannabis Canada. Yet although owner Marc Emery faces eight counts of trafficking in marijuana seeds, he has not been charged with anything relating to the seized paraphernalia or other items. Despite this, Vancouver police refuse to return his merchandise, claiming that it is simply "illegal" and that they do not need to lay a charge to keep his products.

This judicial decision by the Vancouver police as to what is and is not prohibited is clearly not justifiable in a free society. If this kind of arbitrary police seizure is allowed to go unchallenged it may quickly become the norm, and the police will certainly use the tactic of repeatedly seizing merchandise without pressing charges as a simple and effective means of driving hemp stores across Canada out of business.

Marc goes to trial in July, but that is only a hearing to determine if the court will hear his constitutional challenge. It is likely that his actual trial will be a long process which could last for at least a year. In the meantime Marc Emery continues to sell pipes, bongs and seeds at Hemp BC.

Contact Marc Emery at (604) 681-4690, memery@hempbc.com
Contact the Vancouver Police Department at (604) 665-3081, or (604) 665-2129.

In Surrey, Randy Caine has decided to close down The Joint after 15 months of being in business. He claims that he is the victim of "a very well organized campaign to drive The Joint out of the community."

Randy has been steadily harassed by Surrey City Hall since he opened his business. He was consistently denied a business license, and slandered by Council members who claimed that he was running a disreputable business that would give Surrey a "bad name". At one point the City Council suggested that his store, which sells hemp clothing, pipes, and coffee with snacks, should fall under the category of a massage parlor or escort service, and therefore pay $3000 or more for a business license.

Randy explained that he wanted The Joint to have a "friendly atmosphere", but that the harassment from City Council made his customers afraid they were under scrutiny, and scared away his business. Randy says he wants to reopen, but first he is taking the City of Surrey to court, suing the City Council for damages.

Contact Randy Caine at (604) 534-9971.
Contact Surrey City Council at (604) 591-4126.

In Victoria, Ian Hunter of the Sacred Herb will be going before a Supreme Court judge on April 7, 8 and 9, in a case arising out of his selling marijuana seeds and growing a hemp plant in his store. The first part of the trial will be based upon constitutional arguments.

Contact Ian Hunter at (250) 384-0659.