Free Marc Emery

Let's Bring Marc Home!

Marc Emery’s US Federal Prison blog #15: Letter to Jodie

submitted by on September 25, 2010
By Marc Emery, Cannabis Culture
 
Oh Sweet Wife O’ Mine! The Marc Emery Support Day on Saturday was thrilling to know was going on, what little I knew about behind these bars. Some staff at the FDC here however, are have taken a hostile turn against me, I think, as a consequence of all this support and media surrounding my sentencing and my work.
 
In yesterday’s mail, the Facebook pages I have been regularly receiving since May – printouts of the Marc Emery fan page, and your personal page – were seized by the mailroom staff here at FDC, and I am barred from receiving them further. Plus my 8 pages of photocopies from StopTheDrugWar.com (DRCNet) that Vanessa Nelson sends each week were looted too, along with two letters from Ken Holland in Michigan. Ken usually sends me a letter everyday which included a newspaper clipping all annotated by Ken’s pithy observations, and a few other cartoons he’s photocopied from newspapers, and some other photocopies of articles Ken thinks are pertinent. So both Ken’s two envelopes were empty with a notice that Ken’s clippings and ephemera have been seized as "contraband". Vanessa’s letter was still there, but the excellent material from DRCNet were gone because, according to Big Brother in the mailroom, they were from a publication, and any publication has to come from the publisher. Of course, I have been receiving weekly photocopies of these drug war articles since May.
 
I immediately put in a complaint to the mailroom, the woman came down to speak to me about it this morning. She said I can’t get the Facebook pages any longer because they constitute third party messaging. I asked why that is a rule, and if it’s a rule, why isn’t it in the rulebook? She didn’t really have a good explanation of how me getting Facebook pages constitutes any harm, and she said when the rule book was written, Facebook didn’t exist. My rulebook was updated in January 2010, Facebook started in 2006. So there is a rule that they invented for the occasion of busting my balls. She did confirm that the mailroom let me have them for 14 weeks leading up to yesterday.
 
On Friday I was called into a Lieutenant’s office and given a charge, or "shot" as its called, a 328, because you sent my cellie JD $75 because he’s poor and you felt sorry for him. This was 4 weeks ago you did that on your own. I was told to report to the Disciplinary office and the man there was quite hostile to me. He mocked me as the FDC’s famous inmate, spent the whole time intimidating me. It’s not against the rules for you to give an inmate money, my dear, for you are such a sweet woman, you’ve given newspaper subscriptions, books, and small amounts of money to fellow inmates of mine before, back at North Fraser Pre-Trial – and as part of Cannabis Culture Magazine, we corresponded with prisoners, printed their artwork and letters in CC, such as prisoner Jimmy Rasta in Texas who even sent you that wonderful oil painting of you that is in the Lounge. You’re the Policing & Corrections critic for the BC Green Party and you talk with prisoner wives on PrisonTalk.com, so this was hardly out of the ordinary for you.
 
The rule forbids me from giving money to other inmates, but I don’t have any money, nor is cash allowed (or possible) here. The angry man in the Lt’s office told me he reads all my emails and listens to all my calls, including, he added with a disgusted emphasis, "your personal ones", implying my intimate talks that I get to occasionally have with you or my sign offs on my emails to you. Nothing at all out of the ordinary, considering I’m your husband! But he was contemptible towards me.
 
Then he said what I write in my emails is lies, and he specifically said my chapter I wrote for Barry Cooper’s book on life here at Sea-Tac FDC was, and I quote, "bullshit". He further asked me why I felt qualified to write about life here, and I added, though we wasn’t interested in my point of view, "because I’m here." Then he went on sarcastically saying "You said we tortured you in the Special Housing Unit". I said "Solitary was a form of torture as far as I’m concerned." He sneered. In fact, most C.O.’s here have told me I was sent to solitary (SHU) for 21 grueling days in June simply because I was "high-profile" and "famous" and for no other reason at all. Certainly not the stated reason that you recorded my phone call, Miss, that was just their excuse, as there is no rule against recording my phone calls. They brought out that "3rd party" rule which I see they use just to mess with me when they feel like it.
 
Then his cohort asked how long in was in the solitary confinement, I said "21 days". "And you feel that qualifies you to write about SHU?" I thought one day in there qualifies an inmate to write about it authoritatively because every day is the same in there, but I said nothing, they weren’t listening. Then this cohort said, "well maybe you ought to spend more time in SHU and see what you think about that." I felt that was sinister intimidation trying to suppress and silence my writing here, which is protected speech. Especially the Lt boasting he reads all my emails and listens to all my phone calls, including my "personal ones", like he’s trying to cow me. Notably, he obviously didn’t have any emails or phone calls that provided any support for this charge that I somehow gave my cellie money.
 
That was a creepy enough experience. I will say, not all the C.O.’s here have this attitude, but enough of them have it, it would appear. I got my verdict after having a second meeting: two months of no commissary for me, and one month of no commissary for my cellie. That means no purchasing anything, like stamps, envelopes, soap, toothpaste, or the nuts, trail mix and other food items I bought that gave me protein and other vitamins I need. Clearly there is some institutional bias going on against me now; I can only conclude as a result of the media attention that has come to my situation in the last few weeks.
 
Even in the visiting room on Monday, I arrived at 2:45 pm. You didn’t arrive until 3:10 pm, so I asked the C.O. if my 2-hour visitation time started at 2:45 when I arrived or 3:10 when you arrived. It was the C.O. who has reprimanded me twice before and threatened to give me a shot because on two occasions I was touching your arm instead of holding your hands, and it’s the one who also complained that I’m not allowed to kiss you in our photographs like we did once on photo day, and that he’d be watching me in photo days in future. You know whom I’m talking about, Miss, the one you refer to as " the mean guy". When I asked about this time question, politely as always, he got all over-sensitive and said "you’ve been here many times Mr. Emery, you know we never short-change your visit times." I commented that my rulebook, which I’ve memorized, says on page 22,"The time period will begin when the inmate arrives in the visitation room". Since I had to wait 25 minutes in the room before you were escorted in (you had been waiting 70 minutes in the other part of the building), and according to the rulebook, that would count against our time, and I wanted that clarified. So we got our two hours together, and it was wonderful, but the rules are obviously not very clear, which makes them difficult to follow.
 
You have my chapter for Barry Cooper’s book, as you are going to be the editor of Barry’s book, Mrs. Emery; a wise move by him, I’m sure. As I’m sure you agree, the "Life in a US Federal FDC" is very fair. It doesn’t criticize any staff here nor even the institution itself, it’s just the way it is. Of course I say the food is terrible, but who can disagree with that?
 
The rulebook doesn’t prohibit these so-called 3rd party messages in a mailed letter. A 3rd party message could be "The kids want you to know they love you" or "Your mother asked me to pass on her love and her hope that you are eating well" or even "I’m supposed to remind you to call your lawyer, write your mother, etc". Why I can’t receive my Facebook pages is not rationally explained. The rulebook just says "Unauthorized mail includes musical greeting cards, Polaroid photos, nude personal photos, plant material, non-inspectable items, etc." Typically, any 8.5 x 11 photocopies or 8.5 x 11 printed pages are considered a "letter" – or were, until yesterday. Today, the mailroom seized a one-page laminated chart for editing my own stories that a retired teacher sent along. Seized because it’s laminated.
 
I hired a lawyer to help me process my US application for the treaty transfer back to Canada. The process for the US side of things is more complicated so I think a lawyer who specializes in this transfer application business is a good idea. It’s $8,500 and of course I don’t have any money so I hope you can get some donations from our supporters to help me pay for this lawyer. I know you’ll take some of your own pay and help me with this lawyer, but I already use up so much of your income being in here, where phone calls, emails, and everything else that costs money.
 
I know you received $350 in donations for me last month, so that helped. Loretta Nall is sending $100 to help too, probably just in time to pay the $100 fine I have to pay from the September 10 sentencing. The $8,500 for this new US lawyer will need to be paid soon, at least a good chunk of it, so you should ask our supporters to help out, because we just finished paying my sentencing lawyer Richard Troberman. I will say this for Richard, he is a terrific lawyer and he does great work and would definitely recommend him to anyone who needs a criminal lawyer in the Seattle area. I feel I’ve been fortunate getting excellent lawyers like Ian Donaldson in Vancouver and Richard Troberman here. But now yet another lawyer needs money and I’ll need help to pay her that $8,500. I sure hope she can help with making my application for transfer successful.
 
I hope this week you can read my 15 stories of my autobiography and begin to edit them for the marcemery.ca website, where all my writings will be going. I’d love to have those available to people by mid-October to read. These stories have never been read by any of my supporters before and it will provide insight as to how I became who I am. Plus they are so cute and full of nostalgia and I’m looking forward to the feedback. Tomorrow I’m going to write about Iboga Therapy House, and then the garbage strike in 1986, and then scenes from my travel adventures in India, Indonesia, my trip to the middle east in 1975. I’m going to try to finish a story every day starting tomorrow.
 
I’ve been reading a lot at night until about 2:30 or 3 am. I finished two graphic novels by Alan Moore, Tom Gordon #2 and Top 10. Alan Moore is a fantastic story-teller. I finished the Cartoon History of the World, Books #1, #2, #4, and #3 just arrived today. Alas, most of the world’s history is a depraved slaughter; militarism & enslavement with genocides, and it’s gotten wearying, since regardless of place (China, Rome, Egypt, India, South America, Europe) it’s the same predictable mass killing, stupid punishing religions, domination and conquest. Even me doing this 5-year sentence in this prison feels like an extension of this sordid history of domination over peaceful, largely powerless people by oppressive governments and institutions. I begin to read Nelson Mandela’s autobiography tonight, on that note.
 
After writing over 300 letters from May to early September, I’ve gotten burned out writing letters to correspondents, Miss, so I hope they’ll forgive me if I take a break. I spent 3 to 4 hours every day writing 5 or 6 letters to people but in the last two weeks I’m more wanting to spend that time writing stories that everyone will get to read at marcemery.ca about my life up to now. The Life in Federal Prison piece for Barry Cooper’s book, Robert’s Vietnam story, my autobiography stories, my Canadian voter’s guide: these are the projects I want to focus on for now. I’ve still got the letters I’ve received stacked up, and I’m going to get to my regulars – Carol in Camino, Vanessa in Sacramento, Daniel in Vancouver, Arlette in Vancouver – but I’ve got to get my stories done while the muse is in me, Miss.
 
Loretta is sending me photos of her Marc Emery Support Day activity in Montgomery, up Dexter Avenue where Martin Luther King’s church was. And I hope Jeremiah and you can send me photos of the activities you’re aware of, especially since they won’t let me receive copies of my Facebook page anymore.
 
I haven’t been designated yet, but I’m going to be soon, then I expect I’ll be moving out near the end of October or beginning of November.
 
I sure loved seeing you Monday in that pretty red dress. You had a great tan from Saturday, standing on the bridge over highway #5 with the FREE MARC EMERY signs and all the Seattle-area activists who were with you. You are the loveliest sight for my lonely eyes Miss. You know how I cry many times on the phone or when I write you, Jodie, and even when I see you, and I’m crying now. This is such a difficult challenge, and I won’t lie, it’s disheartening to think I’ve got years to go. As of today I’ve spent over 194 days in jail, and with good time credit of 232 days on my 5-year sentence, I have no more than 3 years and 10 months to go if I spend every day of it in these United States of America prisons. That’s still very discouraging to think about, Jodie, it really is. I hope people are still contacting Public Safety Minister Vic Toews and the US Department of Justice, asking for them to let me serve my time in Canada.
 
I really hope people give some money to Proposition 19, and urge everyone in California to vote for it, because it needs 50% plus one of the voters to vote YES, not just enough votes to beat the No side. Lots of voters go to vote but don’t vote on every initiative, and if you go to the polls but don’t vote on Prop. 19, it’s like a no vote. So it’s more challenging than people think to win; it’s not just a matter of getting more votes than the no side. That vote is in just 6 weeks. If it wins, it will be the most monumental thing to happen in North America this year, and it will really help end the marijuana prohibition so much sooner than if it fails. I’m so disappointed that Peter Lewis, MPP, the DPA and other well-financed groups have not contributed the big money they have access to on this great, great opportunity. If Prop. 19 fails, there will be people in our movement to blame for holding back when they should have committed.
 
I’m very pleased to hear that you have gotten Canadian city councillors, Mayors, MLA’s, numerous Members of Parliament and a Senator so far to sign a letter to the Public Safety Minister urging my repatriation to Canada. That will be impressive. We will need a letter signed by American elected officials for the same purpose to be presented to the US Justice Department regarding my transfer. I’m hoping our supporters can urge Congressman Ron Paul and former New Mexico Governor Gary Johnson to sign a letter like that, along with any other elected official they know who is sympathetic to ending prohibition. These letters do not ask for my clemency, only that I be transferred in accordance with existing law in both Canada and the United States back to the Canadian Corrections system.
 
I can’t wait, as always, to see you this weekend. Your visits are so precious to me. Since we don’t know when and where I might be sent away to my designated prison, and how long it might be before you can visit me, or even know where I am, I savor these visits. I try to stay strong, sweetheart, and I’m always busy, but I feel I’m not very brave. I miss you tremendously and can get so sad thinking about my loneliness from you. I’m glad no one here razzes me when they see me crying when I write to you, it’s considerate of them, because I am such a wuss. I’m so, so in love with you. Remember when you were sixteen, you predicted to one of your classmates that you would "marry Marc Emery or work for him, or both", as she reminded you about recently? How perfect that your destiny was fulfilled! You are the best thing that ever happened to me, Miss. We must be meant to be soul mates forever.
 
Your prince,
Wanting to come home,
Marc Emery
 
 

Marc Emery applies to serve his time in Canada

submitted by on
Andrea Macpherson, NEWS1130
 
The "Prince of Pot" has applied to serve his time in Canada. Fifty-two-year-old Marc Emery was sentenced to five years in prison for selling marijuana seeds to American customers.
 
Marc Emery’s wife Jodie says the Canadian consulate confirms the request has now been sent to Ottawa. "In the next four to six or eight weeks, he will be moved at some point to a correctional institution instead of a detention centre. But we don’t know where he will go and when he will go. But once he gets there, then we can actually file that US paper work."
 
They are now hiring a specialist to deal with the US side of things. "Marc today received first of the forms that he will be filling out for the US application to the Department of Justice. That one is going to have to be reviewed by the Bureau of Prisons, the DEA, the State Department, and then get approval."
 
She says because it’s such a process she hopes to fundraise over $8,000 to pay the specialist.
 

Global rallies to free ‘Prince of Pot’ Marc Emery, stop Bill S-10

submitted by on September 19, 2010
By: Andrew Moran, Digital Journal
 
Toronto – Rallies occurred around the world to protest the five-year prison sentence of the "Prince of Pot" Marc Emery. Protests took place in Toronto, Berlin, Antarctica, Vancouver, Oslo and other areas around the globe.
 
Last week, Canadian marijuana activist Marc Emery was sentenced by a United States District Court Judge to five years in prison on drug distribution charges. The U.S. federal judge recommended that the 52-year-old Emery be allowed to serve his time in Canada.
 
On Saturday, rallies were held worldwide to protest the imprisonment of Emery, according to Cannabis Culture. Majority of the protests were held in front of U.S. and Canadian Consulates/Embassies demanding that Emery be sent back to Canada and released immediately.
 
In Canada, the rallies also urged people to stop bill S-10, which contains mandatory minimum sentence laws, including 9 months for 6 marijuana plants and 18 months for making one marijuana cookie. This bill is expected to cost billions of dollars.
Protests have been scheduled all over the world in Europe, Australia, Asia, North America and even Antarctica.
 
In the meantime, Emery has been posting prison blogs. “The Prince of Pot’s” latest blog was published on Monday:
“We have huge support to have me transferred back to Canada! We have dozens of elected politicians signing a joint letter to Vic Toews urging my repatriation, including MPs, Mayors, Councillors, MLAs, and Senators,” wrote Emery. “Toews has received over a thousand letters so far since August 1st and I know he will get several hundred more. We must urge everyone to send in a letter to him urging my immediate approval of my transfer under the treaty that obligates the Canadian government to bring me back.”
 

Rallies in support of Marc Emery held around the world

submitted by on
By: Renee Bernard, News 1130
 
Marc Emery, the self-proclaimed "Prince of Pot," has only begun to serve his sentence in the States, and already there are calls for him to come home.
 
A rally took place in Vancouver today to free the man who was convicted of selling pot seeds in the US via mail and online.
 
Jacob Hunter, the rally’s organizer, claims similar rallies are being held around the world, in countries as far as China and Norway. "I don’t think Marc should be in jail at all, but I am quite frankly willing to accept the half-measure of just bringing him home to Canada, which I would point out is actually a legal obligation for the public safety minister. He does not have a choice of whether or not to return Marc to Canada. Under the law, he actually has to."
 
Emery was sentenced last week to five years in jail.
 

Rallies for Marc Emery to be held world wide

submitted by on September 18, 2010
VANCOUVER/CKNW(AM980)
 
Supporters of Canada’s self proclaimed "Prince of Pot" hope Public Safety Minister Vic Toews brings him home sooner rather than later.
 
They’re holding 93 rallies around the world Saturday for Marc Emery, including one in China for the first time.
 
Emery’s wife Jodie says her husband should serve the rest of his 5 year sentence in a Canadian prison, and hopes Toews makes that decision,"We’re gathering support from various elected officials and previously elected officials who know Marc, and may not condone his activities, but certainly believe he should be brought back to Canada."
 
Several rallies will take place at various Vancouver intersections, with the main protest at Victory Square Park at around 2pm.
 

Rallies Saturday to push for Marc Emery’s return to Canadian jail

submitted by on
The Province
 
Supporters of the self-proclaimed "prince of pot" plan to rally at several Vancouver intersections Saturday, as well as dozens of other locations around the world, to make a plea for his return to Canada.
 
Marc Emery is serving a five-year jail sentence in the U.S. for drug trafficking after he was found guilty of selling marijuana seeds over the Internet.
 
At sentencing earlier this month, a Seattle prosecutor rejected Emery’s claims he was being selectively and vigorously prosecuted because of his pro-pot political crusade.
 
U.S. Attorney Todd Greenberg said Emery was found guilty for "long-term, repeated violation of U.S. drug laws."
 
However, Judge Ricardo Martinez said he wouldn’t object to Emery’s transfer to a Canadian jail to serve out his sentence.
 
That decision would have to come from the U.S. State Department.
 
Emery’s wife, Jodie, said rallies are planned around the globe Saturday to push for her husband’s return to Canada.

Cinemavault in discussions with Toronto buyers for Donkey, Citizen Marc

submitted by on September 17, 2010
By Jeremy Kay, ScreenDaily.com
 
Cinemavault has acquired worldwide rights to the mobster film Donkey and marijuana activist documentary Citizen Marc.
 
The deals come as the Toronto-based sales company boosts its efforts to add more Canadian fare to the slate.
 
Donkey comes from Canadian film-maker Adrian Langley and tells the story of Don Keys, an ex-con looking for revenge.
 
Citizen Marc is a profile of the infamous marijuana advocate Marc Emery and explores his passionate activism and self-imposed martyrdom.
 
Vice-president of acquisitions Craig Morrow negotiated the Donkey deal with Langley of Fluke Films. Morrow struck the Citizen Marc deal with Roger Larry who directed, produced a co-wrote the film with Sandra Tomc.
 

Hypocrisy weeds out Prince of Pot

submitted by on September 15, 2010
By Sandra Thomas, Vancouver Courier
 
Cosmetic pesticide use was banned in Vancouver Jan. 1, 2007.
 
But the sale of pesticides wasn’t banned. So as long as you promise the sales-clerk at your local garden shop or big box store that you’re intending to use that bottle or box of chemicals anywhere but in the soon-to-be greenest city in the world, you can make your purchase and leave.
 
That sales-clerk has no way of knowing if you plan to use those pesticides in Vancouver or in a municipality where the toxic chemicals are also banned. It makes me wonder if there would be any repercussions should the purchaser of those chemicals be busted using them illegally and the package was traced back to a Vancouver store.
 
I’m confident nothing would happen because as I mentioned earlier, it’s not against the law to sell pesticides in Vancouver. And what if pesticides with a Vancouver-based price tag were found in the home of a Washington State resident living in a jurisdiction where the ban also exists? Would the Vancouver seller be hauled south of the border to face charges of dealing in an illegal substance? I doubt it. And should Washington officials attempt to extradite a Canadian citizen for selling a product legally available in Vancouver, I would hope our government officials would stand up and say no way.
 
Which brings me to Marc Emery.
 
Emery was busted in 2005 for selling marijuana seeds to Americans through his Vancouver-based mail order business. According to the U.S. Drug Enforcement Agency, Emery likely sold millions of the seeds, which they say translates into millions of pot plants, a figure I heartily dispute as the unsuccessful grower of anything beginning with a seed.
 
After fighting for more than five years to avoid jail time in an American prison, Emery took a plea bargain and began a five-year sentence last Friday. The Prince of Pot wasn’t busted by Canadian authorities for selling his product in Vancouver, but instead by a country where selling pot seeds is considered a crime worthy of five years in a federal penitentiary. Emery and his defence team are fighting to have him serve his sentence in Canada, which is only fair, considering the Canadian authorities should have never allowed his extradition for a "crime" for which he never would have been busted if he’d kept his seeds north of the 49th parallel.
 
If all goes well, Emery will serve just four to six weeks in an American federal prison before being transferred back to Canada to serve out his sentence. Some people now complain Canadian taxpayers will be stuck financially for keeping Emery in jail for a crime he was found guilty of in the U.S. But in a city where pot smoking is pretty much ignored by local cops and government, Emery was made a scapegoat in the so-called war on drugs, which by the way is now being credited for the deaths of more than 28,000 people in Mexico since 2006. That’s right, 28,000.
 
I was saddened to read on the weekend that Emery has promised to quit smoking pot if that will help get him home. I don’t have a lot in common with chronic pot smokers–I’m too Type A to appreciate their laid back demeanor, but come on, this is the Prince of Pot. Love him or hate him, Emery has been fighting to legalize marijuana in Canada for more than 30 years. But finally our government has broken him. It took the help of what’s considered the most powerful country in the world, but collectively they finally brought the bespectacled Emery to his knees.
 
This Saturday activists from around the world are hosting Free Marc Emery rallies, including three in Vancouver. For times and locations go to www.freemarc.ca.
 

Prince of Pot rally planned for City Hall Park

submitted by on
Red Deer Advocate
 
A rally will be held in support of Canada’s “Prince of Pot” in City Hall Park on Saturday as part of a world-wide protest.
 
Marijuana activist Marc Emery was sentenced to five years in prison on Sept. 10 by a U.S. federal judge in Seattle, Wash.
 
He pleaded guilty to one count of conspiracy to manufacture marijuana in May.
 
The owner of Vancouver’s Cannabis Culture store was extradited to the United States after being charged with shipping millions of marijuana seeds to customers south of the border.
 
The organizer of the Red Deer rally, which that will run from noon to 4:20 p.m., says it will be a peaceful event.
 
Emery supporters are calling for Canadian Justice Minister Vic Toews to accept Emery’s treaty transfer application so he can serve his time in Canada.
 

Marc Emery’s US Federal Prison blog #14: Letter to Jodie

submitted by on September 13, 2010
Dearest Jodie: I so loved our two visits this weekend. And what a momentous weekend it was! We got the sentencing done, and it went as we expected, and my application to be transferred back into the Canadian corrections system was delivered to the Canadian Consulate in Seattle. It will be on the Minister of Public Safety Vic Toews’ desk late next week. The Marc Emery Support Day comes at just the right time this Saturday, September 18.
 
Please emphasize to anyone that they don’t have to join a rally if there isn’t one nearby; it’s preferable that they simply make a few legible signs and hold them up at their nearest busy intersection, baseball or football stadium or well-frequented place for 2-3 hours after noon. "Google ‘Prince of Pot’ Marc Emery – political prisoner – Return Him to Canada" for Americans, and "Repatriate Marc Emery Back to Canada, Vic Toews!" for Canadians. That will help me immensely.

(Other rally signs and suggestions are found here and here.)

 

You were amazing this week, my love, doing dozens of interviews in so much media, including CNN, CBC, Canadian Press, the Seattle area news, and so many Canadian radio, TV, and newspapers. The email copies I received were over 20 different reports, and you’ve told me there were over 350 news results on Google about it. I know you were nervous beforehand but, as always, you got so much done and said. It was great seeing you in court and then visiting with me afterward.

I’ve received emails from close friends assuming I’m sad or dejected but I am not! I’m excited to be moving on. We have huge support to have me transferred back to Canada! We have dozens of elected politicians signing a joint letter to Vic Toews urging my repatriation, including MPs, Mayors, Councillors, MLAs, and Senators. Toews has received over a thousand letters so far since August 1st and I know he will get several hundred more. We must urge everyone to send in a letter to him urging my immediate approval of my transfer under the treaty that obligates the Canadian government to bring me back. As you know, I qualify under the criteria established in the Treaty for the Transfer of International Offenders between Canada and the United States – I’m not part of organized crime, I’m not a threat to national security, no victims object to my return (as there are no victims), and I’m not going to reoffend.

The Judge recommended my transfer request be honoured, and though it is not legally binding, it is of moral suasion to both governments. The District Attorney said they would make no objection. The State Department is the only body remaining to make a decision from the US. My application for transfer will be submitted as soon as I get to my designated US prison, which I hope is Lompoc FCI just north of Santa Barbara, in California. I chose Lompoc because it has email, is relatively easy for you to get there to visit me, has good weather to be in the "yard" daily, and has 2-man cells, similar to what I am used to here at the FDC. I expect to pack-out of here sometime in late October, and be at my designated FCI by late November. Then my application gets done. It’s costly, but I hope you can raise the money to pay for our treaty transfer specialist that we hired to help get my US application approval. I know I already suck up nearly $1,000 a month for commissary, phone, email and newspaper subscriptions, and you spend much more than that visiting me, but you will need to find $4,000 to pay for the treaty transfer specialist that I want hired. We need someone knowledgeable with the US application process and this woman is reputed to be very good at assisting a successful application. Please ask around and get donations and see who can help.

Of course it’s possible I’ll get sent to TAFT Correctional Institution (CI) in California, or Dalby in Texas, or McRae in Georgia, or a CI in Pennsylvania, Mississippi, or New Mexico – private prisons that specialize in deportable and "criminal aliens", as I am considered. The problem with places like these is that they are very much more difficult for you to access to visit and most don’t have email.

I won’t really even know where I’m going to end up until I actually get there, and there will be days or even weeks when you won’t hear from me while I am on the road and getting in-taken at FDC’s on the way to my final designation prison. It will be very difficult and trying for both of us, but we must get along in the process to reach my goal of being home in Canada on full parole by Christmas, 2011. That’s the point I’ll have served over 20 months of my sentence, and 20 months is 1/3 of the 60-month sentence; in Canada, for first time, non-violent offenders, that qualifies me for full parole. I have to get approval from the US and Canada for that to happen, but it is the hope that keeps me optimistic.

In the meantime, I have been very prolific this past week. I wrote my latest piece for SKUNK Magazine, I finished my chapter on life in federal prison for Barry Cooper’s new book, I made many corrections for my auto-biographical stories that are soon to show up on my soon-to-be-made www.marcemery.ca website, where my life story, my best work for Cannabis Culture, my best political writing, my best interviews, videos, and documentaries will be. I wrote up my speech to the Judge that I delivered in court, and made sure that the “Principle of Pot” documentary is going to be manufactured into DVDs in a few weeks so they will be available in October. I hope Cliff Maynard’s roach-paper art portrait of us will be available in quality prints in a few weeks (it’s not online yet, but you saw the original at Seattle Hempfest). I love that portrait. His art is so great, made with thousands of pieces of roach papers! He’s a genius, and I’m so pleased we were the first to give him coverage in our second-last issue of Cannabis Culture!

My friend Paul McKeever has a great blog post coming out that talks about my sentencing and quotes a fair bit of a conversation I had with him on email about this discussion going on about my letter to the judge where I said I won’t be engaging in civil disobedience any longer, and not advocating it. I hope the 28 arrests on behalf of the movement, and 22 jailings – including this very long one of at least 20 months and 40 more on parole in Canada and possibly 4 years to go here in the USA if my transfers are not approved – are sufficient in the eyes of my supporters to consider that I have "paid my dues". My example of successful civil disobedience, from illegally opening my bookstore on Sundays and seeing that law overturned, to illegally selling marijuana books and magazines and seeing that law overturned too, still exists and people know that I have used civil disobedience before. I just don’t need to do it again.

I was sincere to Judge Martinez too. I would not write anything insincere, even if I consider my incarceration an injustice, which of course it is. The vast part of my speech to the judge, and much of my letter to him, I spoke with pride of my many achievements I had accomplished: US ballot initiatives funded, Supreme Court challenges funded, the Global Marijuana Marches, BC Marijuana Party campaigns, the Iboga Therapy House, the overturning of Canada’s censorship of marijuana magazines, books, literature; financing the court cases that established Canadian federal medical marijuana law; and much more. It’s a staggering catalog of success and activism and I never said I regretted any of it.

At the end of my letter to the judge, I said I would not longer be civilly disobedient, but this is a practical matter. Once back in Canada, if I am released at 20 months under current Canadian law, I’m on parole for 40 months more. If I break the law, any laws, I can get sent back to prison for all or part of that 40 months. There are no circumstances that I am willing to cross that legal threshold for.

Now, as a corollary to the statement I won’t break the law, I certainly won’t advocate to others what I won’t do myself. Secondly, in order to get my transfer to Canada into the Canadian Corrections system, and ultimately release on parole, I’m promising the Public Safety Minister Toews I won’t break the law, so I can’t go back on my word to him either. My word is always good, whether it’s to a prison official, a judge, the Minister, my customers, my wife, or my supporters.

In order to travel to the United States, there’s a period of 4 years of supervised release after the 60 months of prison/parole is completed. So if I’m in the United States anytime to the year 2019, I have to honour these sentencing mandates. It would appear after I’m deported back to Canada, upon my release on parole or afterward, I may be eligible for travel in the United States, which is excellent as I am dearly wanting to speak to my American supporters in speeches and appearances. But again, breaking the law in that period can result in my immediate imprisonment. So public bong hitting, smoking pot in public, and, because I can be urine tested anytime in that 9 years in the US (and for the 60 months in Canada), no smoking pot at all, all these previously common activities are not going to be available to me for some time, likely until pot becomes legal, which I hope is soon.

If my critics – and I understand, Jodie, that there are so-called supporters on Facebook and elsewhere anguishing over my statement to the judge that there will be no further law-breaking from me – and naysayers want to honour me, then it is incumbent on them to end prohibition where they live. Until then, they are free (until they are not) to use civil disobedience if they choose that path, but I am bound up by my promises, which are necessary, not to break the law or recommend that course of action. If this criticism comes from people who themselves are too timid to do what they expect me to do, I find this hypocritical. Others, like my good friend Chris Goodwin, do not travel to the US, because he already has a criminal record and has no hope of traveling to the US. Chris is a fine activist, but there may also come a time when, because he has two children and employees who depend on him, civil disobedience may be unavailable to him as a practical option. For people like you, Jodie, oh sweet wonderful wife, you cannot disobey laws for the simple matter you need to be able to travel to the US to visit me, and you must set an example for others that your method of working in the current political environment can influence and cause change towards a just society. Others simply cannot use civil disobedience if it jeopardizes their ability to travel to the US or their employment prospects.

I did admit I was arrogant to the judge. I admitted I regret breaking the law, but that is because I dislike jail and I greatly miss you, my dear, more than anything else in this world, and you and I know how heartbreaking our separation is. I never renounced any of the results of my action; I never said I regret selling seeds. I didn’t concede I harmed anyone. I said in my speech to the judge – which will soon be available when you receive the court transcript – that prohibition harms individuals, nations, and harms even respect for the rule of law by diminishing the integrity of our Constitutions. A criminal, when being contrite, may say "I regret harming you" or "I am sorry for the damage I did". I did not do that. I was proud of the results, and I indicated so. I was regretful of my punishment and promised not to offend again, but these are practical admissions, and as it turned out, the last paragraph of my letter to the judge was what he said he needed to agree to the 5-year sentence and wish me well, rather than rejecting the sincerity of my plea and ordering me to trial, which was his alternative.

One comment I found interesting on the Facebook discussions, which are being relayed to me from my friends, was someone who said having to confess and apologize to the judge of a court where tyranny is being justified “is like a rapist demanding his victim say ‘I love you’ during the outrage". I like the metaphor, I’m not sure it’s exactly accurate, but it makes one think.

Another point I’d like to make, Jodie, is that throughout my letter and speech to the judge, I never referred to my actions as criminal conduct. I always referred to them as civil disobedience. Can you imagine how a court would react if any other defendant went in and referred to their conduct as ‘civil disobedience’? Oh Nelly, that would make a judge explode! But Judge Martinez didn’t react adversely where I used that term. He clearly had some sympathy for my predicament, wished me well, admitted 5 years is a long, long time, conceded the drug war was gravely flawed, but said, in final, my conduct was "criminal" and a sentencing judgment was no place to determine the validity of prohibition.

My lawyer brought up Karen Tandy’s statement about my politics being the true motivation for the DEA prosecution, and spoke of my original prosecutor John McKay’s recent admission in the Seattle Times that the cannabis prohibition is "dangerous" and "endangers the lives of his brave colleagues in policing" and is "futile".

My judge understood my point of view, my intent, and that’s all I can ask for, along with his recommendation to the Low Security FCI Lompoc and my transfer to Canada as soon as possible. After all, I’ve already agreed to plead guilty to a criminal violation of US law, and my promise to him is I won’t break the law again, and since my actions that broke those laws were based on a philosophy (civil disobedience), I renounce that philosophy for my future conduct, and as a corollary of that, I won’t advocate anyone else emulate that philosophy. The judge accepted that promise as accepting responsibility and I think it serves both the purposes of maintaining my integrity and the integrity of the court to have this exact resolution. I didn’t renounce all other human action by me for the cause of liberty, and I didn’t condemn civil disobedience; I simply promised I wouldn’t do it or advocate it, for reasons that are obvious, rational and consistent. I will still be giving my greatest effort to the cause of ending prohibition, but these will be lawful methods, speaking, elections, writing, etc.

I want to be by your side, my great Mrs. Emery, and this is how I must do that. We have such a great future together, meeting our people and bringing our World Liberation Tour to our supporters in Canada, the United States, Europe, New Zealand, Australia, India, and elsewhere once I am out amongst them. We’ll have my book Overgrowing The World, My Life as Prince of Pot deluxe hardcover out upon my release and we’ll tour Canada to promote it and impart our knowledge and wisdom with our people as soon as we can. In the meantime, you and I are as busy as ever promoting the movement, our activity for the cause of human freedom has never been greater, and this week was a great example of our ability to bring the injustice of prohibition to millions. Let us hope our supporters feel that way too and reward us with their contribution to my liberation back to Canada this Saturday, September 18th.

I’m very proud and humbled to have such a loving, devoted, capable and intelligent wife who gives her all for me and our cause of freedom for the cannabis culture. You are an amazing woman and I am so honoured you call yourself Mrs. Marc Emery.

Your grateful husband,
Your bowed but hardly defeated Prince,
Marc