Hey peoples.

Hope you all are doing well. Thanks for the kind words. Here's some of the latest news stories for you that don't get the Nelson Daily. Any comments appreciated. Good or bad. Dialogue is always beneficial.

Cheers

Alan


---------------------

Pubdate: 29 Apr 2008
Source: Nelson Daily News (CN BC)
Email: news@nelsondailynews.com
Address: 266 Baker Street, Nelson, British Columbia V1L 4H3
Fax: (250) 352-2418
Copyright: 2008 Nelson Daily News
Author: Sara Newham

Holy Smoke admits to selling pot

Holy Smoke Culture Shop owners admitted in Nelson provincial court Monday to
selling organic cannabis from their premises in the downtown, arguing that
they did more good than harm as part of their defense of necessity.

According to testimony, the store began a "designated dealer" program in
2004/05 to get rid of the "unscrupulous" dealers selling drugs in a nearby
garden. They say they tried everything including erecting a large sign, to
get rid of those dealers and prevent them from selling to youth, but nothing
worked. Once Holy Smoke started dealing and allowed people to smoke inside
the store, the accused claim the garden dealers virtually disappeared.

Alan Middlemiss, "spiritual" owner and one of four accused of trafficking
cannabis from the store, testified customers had to be 19 or older, sober,
and polite before they could buy drugs from Holy Smoke.

"We asked that they say please," said Middlemiss, who added that he enjoyed
asking people for the ID before they passed through three doorways and two
rooms to the veranda to purchase the pot.

Holy Smoke co-owner Paul DeFelice and associates Kelsey Stratas and Akka
Annis are also each facing two counts of trafficking cannabis stemming from
a 2006 drug bust led by the Nelson City Police.

The Crown's case wrapped up early Monday after hearing evidence that
undercover police officers from the Lower Mainland purchased various drugs
including cannabis and psilocybins on June 2 and 3 and July 12 and 13, 2006.
According to Crown prosecutor Rob Brown, the purchases ranged in price from
as low as $10 to as high as $240-, the latter for about 30 grams of
cannabis.

Judge Don Sperry also heard testimony from co-owner Dustin Cantwell, who has
not been charged, that the designated dealers - about three to five of them
in all - had to be trained by Holy Smoke, trusted, activist-minded, they had
to possess a digital scale to weigh the drugs, and they were not permitted
to resell the substances. Those allowed to deal within the store were given
about eight to 12 weeks to establish their business before paying a weekly
$500 fee to Holy Smoke.

Cantwell admitted the shop sold mushrooms but "only during the full moon or
pagan festivals."

According to testimony, $2,000 was in the box at the end of an average day
and most sales were worth about $10. That means that as many as 200 sales
could have been made by the store on an average day. While the average age
of a customer was about 35, Middlemiss said many customers were older than
that . The oldest customer was between 85 and 90 years of age.

Cantwell explained that the quality of the product was tested and customers
were not solicited. He said the dealers and staff members smoked the same
marijuana they sold and knew if there was something else cut into it.

The court also heard from the Nelson Cannabis Compassion Society's Philip
McMillan who testified that he had a personal relationship with the growers
he used to supply medicinal marijuana to those terminally or exceptionally
ill to ensure quality. Although Holy Smoke and the Society were separate
entities, the Society appears to have been the brainchild of the owners of
the Holy Smoke who also sit on the volunteer board of directors for the
non-profit group. McMillan also testified that his customers purchased
drugs from Holy Smoke on weekends when the Society was not operating.

One by one, the witnesses testified to the quality of the product.

"Everyone told us it was the best cannabis they ever had," a piercing-clad
Annis told the court.

The accused also indicated they did not earn very much from the business.
Cantwell suggested he earned about $5,000 a year, Annis had only volunteered
there for two months before the bust, and Middlemiss said he gave away as
much cannabis as he sold. Late in the day, Middlemiss also admitted under
cross-examination that he had not filed income taxes for at least three
years.

"I think I profited through friends and spiritually," he said adding that he
wanted to deal drugs to protect people from unscrupulous dealers.

The trial has been recessed until Thursday morning when an American expert
is expected to testify on the reverse gateway theory. Defence lawyer Don
Skogstad is also trying to line up locals who formerly used hard drugs, but
now use cannabis to help them stay off the hard drugs.

---------------------------

Pubdate: 29 Apr 2008
Source: Nelson Daily News (CN BC)
Email: news@nelsondailynews.com
Address: 266 Baker Street, Nelson, British Columbia V1L 4H3
Fax: (250) 352-2418
Copyright: 2008 Nelson Daily News

HERE'S A THOUGHT

Editorial: TIRESOME DEBATE

This week's Holy Smoke trial is a waste of time and money, but who is to
blame?

The Holy Smoke crew are back in the courts this week. They couldn't be
happier. They will once again climb up on that pedestal and shout to anyone
interested in hearing these two words - legalize it!

Over the next few days they will take up valuable court time and cost the
taxpayers of this province thousands of dollars. They will incur hefty
legal bills themselves. It's hard to say what will happen in the end. It's
unlikely any of the four men accused of trafficking marijuana will be locked
up for any substantial period of time, if at all. If they do serve time,
they will become martyrs for the pro-pot supporters. A t-shirt they will
proudly wear.

It's a waste of valuable time, money and resources.

The Nelson City Police who made the arrests in this case did their job.
This has nothing to do with them enforcing the laws of the land and
executing what they feel must be done. They did what they should have done
and we should be thankful.

The flaw in all of this is that we are still going after what are
essentially small-time sellers of a product that really shouldn't be illegal
in the first place.

Instead of enforcing laws against marijuana, police should be putting their
energy into more serious problems. The courts should be hearing from the
truly bad people in society.

People are going to smoke pot regardless of the laws. The government will
not stop it by arresting people like the owners of Holy Smoke. They should
instead deal with it as they do with alcohol - another substance that was
once thought to be the downfall of society. By regulating and controlling
it, you can then pinpoint some of the inevitable consequences and pour more
resources into areas where it is truly needed.

This week outdated laws have given the pro-legalization fight a platform.
Will anybody listen?

-----------------------------
The Holy Smoke shop in Nelson ran a designated dealer program to challenge Canada's marijuana laws. (Paul DeFelice)

Four Nelson men accused of selling marijuana say they were practising harm reduction techniques intended to reduce street-level drug dealing, while also making a political statement about the illegal status of the drug they consider a holy sacrament.

The men's lawyer, Don Skogstad, said on Monday at the start of the trial that his clients admit they sold drugs to undercover police officers two years ago, but said he will argue the sales were part of a harm reduction program.

Paul DeFelice, Alan Middlemiss, Kelsey Stratas and Akka Annis plan on answering the cannabis trafficking charges with a common law defence of necessity, arguing they were preventing more harm than they were causing by selling high quality cannabis to adults in a controlled setting.

'We're proving first of all that prohibition doesn't work.'—Paul DeFelice

Holy Smoke shop proprietor Dustin Cantwell, who was not charged in the case, testified that part of the reason the men sold marijuana was to get rid of street level dealers.

Drug dealers used to congregate in a garden outside the shop selling low quality marijuana at high prices, sometimes to people who appeared to be very young, Cantwell testified on Monday in B.C. provincial court in Nelson.

But Cantwell said he noticed changes when Holy Smoke instituted a 'designated dealer' program.

In the program, a person associated with the shop was trained in a so-called "harm reduction" method of selling an accurately weighed high quality marijuana product.

As a result street-level dealing outside the shop dropped off, testified Cantwell.

Defendant Alan Middlemiss testified potential customers had to be the age of majority as well as sober and polite. They even had to say 'please' when they wanted to make a purchase.

Middlemiss drew a laugh from spectators when he replied to judge Don Sperry's question whether someone would be denied if they refused to say please.

"There would be a delay," Middlemiss said.

Another one of the defendants, Paul DeFelice, testified another reason for the pot sales was to challenge the drug laws that make marijuana illegal.

"We're proving first of all that prohibition doesn't work. Prohibition causes more harm. So if we successfully prove that, then it's up to politicians and people to work at repealing prohibition. Let's re-legalize pot," said DeFelice.

The court also heard that many of the store's regulars belong to the Church of the Universe, which regards marijuana as a sacrament, according to Cantwell.

The shop also sold psychedelic mushrooms occasionally, but only during a full moon or pagan festivals, Cantwell said.

The trial is expected to resume later this week.

-----------------------

Wednesday, April 30, 2008

Accused admit selling cannabis

But a 'defence of necessity' put forward by owners of store

Sara Newham, Nelson Daily News
The Vancouver Sun

NELSON - The owners of the Holy Smoke Culture Shop have admitted in provincial court to selling organic cannabis from their downtown premises.

However, they are putting forward a "defence of necessity," saying they did more good than harm.

According to testimony, the store began a "designated dealer" program in 2004-05 to get rid of "unscrupulous" dealers selling drugs in a nearby garden.

They say they tried everything, including erecting a large sign, to get rid of those dealers and prevent them from selling to youth, but nothing worked. But once Holy Smoke started dealing and allowed people to smoke inside the store, the accused claim the garden dealers virtually disappeared.

Alan Middlemiss, "spiritual" owner and one of four accused of trafficking cannabis from the store, testified customers had to be 19 or older, sober, and polite before they could buy drugs from Holy Smoke.

"We asked that they say please," said Middlemiss, who added that he enjoyed asking people for ID before they passed through three doorways and two rooms to the veranda to purchase the pot.

Holy Smoke co-owner Paul DeFelice and associates Kelsey Stratas and Akka Annis are also each facing two counts of trafficking cannabis, stemming from a 2006 drug bust led by the Nelson police.

The Crown's case concluded this week following evidence that undercover police officers from the Lower Mainland purchased various drugs, including cannabis and psilocybins, on June 2 and 3 and July 12 and 13, 2006.

According to Crown prosecutor Rob Brown, the purchases ranged in price from as low as $10 to as high as $240, the latter for about 30 grams of cannabis.

Judge Don Sperry also heard testimony from co-owner Dustin Cantwell, who has not been charged, that the designated dealers -- about three to five of them in all -- had to be trained by Holy Smoke, trusted and activist-minded, that they had to possess a digital scale to weigh the drugs, and they were not permitted to resell the substances.

----------------------
Newshawk: Support Holy Smoke: www.holysmoke.ca/
Pubdate: 30 Apr 2008
Source: Nelson Daily News (CN BC)
Page 3
Email: news@nelsondailynews.com
Address: 266 Baker Street, Nelson, British Columbia V1L 4H3
Fax: (250) 352-2418
Copyright: 2008 Nelson Daily News
Author: Sara Newham

'There were smoky moments, there were non smoky moments'

THEY SAID IT: The Holy Smoke trial that started this week was full of sound bites - here's a sampling

It was a lively day at the Nelson courthouse on Monday as the Holy Smoke Culture Shop was once again in the spotlight. Two owners and two associates have been charged with trafficking and they are using the charges to fight the marijuana laws in Canada. Here is some of the banter inside the court and out from the first day of the trial. The trial is expected to resume on Thursday.

On why they sold cannabis:

"The way I see it is we just eliminated the garden drug dealers' customers by allowing somebody we trusted to come inside our shop and do things the way we thought they should be done rather than people that were coming."
-Paul DeFelice, Holy Smoke Culture Shop co-owner and one of accused (outside courtroom)

"We're making a necessity defense and what we're saying is that self-regulated cannabis sales are safer than prohibition. That's the baseline."
-Dustin Cantwell, Holy Smoke Culture Shop co-owner (outside courtroom)

"All you'd have to do is drive by there and see 30 guys there and a tent."
Alan Middlemiss, one of four accused of trafficking, on his reaction to a police officer saying he did not know about the drug dealing in the garden next to Holy Smoke. (In provincial court)

"We realized that's where we hit them is in their customer base. So we're okay with adults using pot responsibly. We have a concern with young minors using it irresponsibly and coming into contact with people who could hurt them or take their money or offer them something much worse than pot so in our minds, we wanted to eliminate that."
Paul DeFelice (outside courtroom)

"I'm trying to protect people who are community members of Nelson and visitors...from unscrupulous dealers."
Alan Middlemiss in provincial court.

"We did what we thought society should do and now we're going to pay the price I guess."
Paul DeFelice (outside the courtroom)

"If you smoke pot today, you're an activist."
(Alan Middlemiss in provincial court)

On the designated dealer program and dealing:

"Everybody wants to sell pot, everybody wants to make money but fewer people want to do it publicly and fewer people want to put their neck on the line like we have so we were left with a small pool."
"Paul DeFelice, on who they chose to deal (outside the courtroom)

"There were dead moments, there were busy moments. There were smoky moments, there were non-smoky moments."
Alan Middlemiss on describing business at Holy Smoke Culture Shop in provincial court

"It was all [fly by the] seat of the pants [stuff]. We never kept much on the property, usually under a pound, I'd say and so we'd keep that to a minimum because we (never) knew if we were going to get stolen or busted."
Paul DeFelice on how they got the product (outside courtroom)

"We took great pleasure in giving people twice their weight [of marijuana], because we just wanted to make the point: don't go to the streets."
Paul DeFelice (outside courtroom)

"We asked that they say please."
Alan Middlemiss on describing rules for customers buying pot in provincial court

And when asked by judge Don Sperry if they would be denied if they did not say: "please," Middlemiss responded: "There would be a delay."

On profits:

"Does it just go up in smoke?"
Judge Don Sperry after Dustin Cantwell said the profits reported were higher than what he actually got into his hand (in provincial court)

On the quality of the marijuana:

"I'm not what you would call your typical hippie. I'm not a vegetarian, I don't necessarily care that much about organic, so they educated me when I got here. I was from the city, 'chemmy' weed was the way to go and give you a little bit more of a buzz. But as soon as you start smoking organic cannabis, you can't go back. It's not enjoyable anymore."
Philip McMillan, Nelson Cannabis Compassion Club (outside courtroom)

"We're doing our best we can under the circumstances which is know the people personally, visit who we can, smoke it ourselves."
"Paul DeFelice (outside courtroom)

"Everyone told us it was the best cannabis they ever had."
"Akka Annis, one of four accused of trafficking, in provincial court.

"There's two people who grow pot in this valley. There's the ones who grow it because of the love of the plant and those who grow it for profit. We try to focus in on those who love the plant because they're the ones who are going to grow it organically, flush it properly and make it a better product."
Philip McMillan, Nelson Cannabis Compassion Club (outside courtroom)

----------------------

May 1, 2008

Holy Smoke trial continues

Local News
kbsradio

A trial involving four people accused of cannabis trafficking resumes today in Nelson.

Co-owner of the Holy Smoke Culture Shop, Paul Defelice, and three others are accused of selling marijuana to an undercover police officer back in July of 2006.

The accused pleading the common law defense of Necessity.

That means they have to prove they were preventing more harm than they were causing by selling cannabis to adults in a controlled setting.

Their Lawyer, Don Skogtad will call an expert in harm reduction from Colorado to talk about various models.

There will also be a meeting in private to discuss the possibility of a publication ban on the names of some of the witnesses.

Chris Carr - Astral Media Radio News

-------------------------
POT TRIAL WRAPPING UP IN NELSON

Paul DeFelice and Alan Middlemiss of the Holy Smoke Culture Shop, along with Kelsey Stratas and Akka Annis are in court in Nelson this week fighting cannabis charges.

The four plan on using a common-law defence of Necessity and will try to prove they prevented more harm than they caused by selling cannabis in a controlled setting.

"We don't believe that prohibition has been effective in controlling cannabis or any other drug for that matter," DeFelice said.

"In fact, there is overwhelming evidence from every parliamentary committee ever struck that prohibition causes more harm than it prevents.

"We do not want to see young people coming into contact with hard drugs and unscrupulous people whether it's in a public garden or in jail."

On Monday, the court heard testimony from DeFilice and four others.

"We explained the day-to-day operations of the shop and our reasons and philosophies behind how we were trying to eliminate the street level dealers - that was our goal," he said.

DeFilice wasn't expecting to testify, but the court was short on expert testimony and expected witnesses. Consequently, there were no court sessions Tuesday and Wednesday. The trial was scheduled to run Monday to Friday.

In addition to trying to eliminate street level dealers, the Holy Smoke crew supported the idea that people use cannabis to stay off of hard drugs.

"It's just a matter of fact that when people have easy access to cannabis there's a lot lower incidence of use of harder substances," DeFilice said.

"That was part of our mission, to reduce harm that way as well."

The Holy Smoke Culture Shop opened in October 1996 and has been involved in numerous legal battles regarding marijuana since then.

DeFilice said if the Holy Smoke crew lose the case, the maximum sentence could be five years less a day although a three-month sentence would be more likely.

The trial wraps up May 2.
-------------------------
Newshawk: Support Holy Smoke: www.holysmoke.ca/
Pubdate: 05 May 2008
Source: Nelson Daily News (CN BC)
Email: news@nelsondailynews.com
Address: 266 Baker Street, Nelson, British Columbia V1L 4H3
Fax: (250) 352-2418
Copyright: 2008 Nelson Daily News
Author: Sara Newham

Holy Smoke Trial wraps

LOCAL POT INDUSTRY: Court hears from people who use marijuana as a way to
battle illness

Testimony wrapped up in the Holy Smoke drug trafficking trial Friday after
four Nelson-area witnesses took to the stand to testify that cannabis has
helped them deal with disease, alcoholism, and drug addiction.

Two co-owners and two associates of Holy Smoke Culture Shop have each been
charged with two counts of trafficking cannabis, but rather than disputing
the testimony, the accused have admitted the evidence against them and are
arguing a defense of necessity and the theory that the drug helps people
switch from "hard" drugs and alcohol to "soft" drugs like cannabis.

"I think it was important to bring it home to the local need that we have.
The [Cannabis] Compassion Club isn't open 24 hours here and we have some
needs to be filled when they're not open," said defense attorney Donald
Skogstad. "I think it's important for the judge to know that there's people
who rely on this for medication and it's proven beneficial."

A publication ban prevents the identification of the four witnesses, but
among them include a former Nelson public school teacher, a local doctor,
and an Interior Health Authority employee.

The former teacher testified that he had a medical disorder and while he
admitted to having imbibed in recreational usage of cannabis in the past, he
associates the drug with improving his condition and helping him stave off
alcoholism for the past 15 years. He does not have a licence to possess or
produce marijuana but testified that he had been "gifted" with pot from Holy
Smoke when he needed it.

If the store was not there, "it would be a loss to me and a loss to the
community," he told Judge Don Sperry in B.C. Provincial Court.

A 37-year-old woman with a licence to possess and produce the drug for
medicinal purposes told the court about her battle with Crohn's disease, an
inflammatory bowel disorder, and the side effect of the medications she took
to help the condition.

She explained that after trying prescription drugs, she found that cannabis
was the only thing that helped and she purchased seeds from Holy Smoke. She
said she applied for a licence to possess and produce the drug and received
it.

Under cross-examination, Crown prosecutor Rob Brown asked her if the ability
to produce marijuana plants in her home and store them would not be more
convenient than driving from Slocan Valley to Nelson to pick them up at the
Holy Smoke. The witness told the court that it takes five months to grow a
crop of marijuana and while she said she felt better, she indicated it did
not completely help.

She also noted during her testimony that should a crop fail, she would have
to draw on her storage. If a second crop failure took place, she could be
out of pot completely.

"Licensing is not a complete answer," defense attorney Skogstad said. "I
think the reason that issue came up is the crown will say that you don't
need the Holy Smokes of the world because you can get licensing and maybe
someday that will be true, but today that's not true. It's not true for
everybody and it's not an easy process."

The medical marijuana licensee also testified that it took three months to
get the application forms for the licence with Health Canada and that she
would wait three weeks for the federal government agency to return her call,
often early in the morning. She explained that she was repeatedly told her
licence was "in the mail" but it took four months to get it.

A third witness, a doctor, said he suffered from Crohn's Disease 12 years
ago and saw his weight drop to 112 pounds. He said he had also used various
medications including pregnazone and used cannabis for the pain.

"When you're not wanting to die, you grab onto pretty much everything," he
said.

Suspicious of authority, he explained that he did not wish to apply for a
medical marijuana licence because he is a "big fan of autonomy" and did not
want to have anyone telling him what he could or could not do. He said he
could go to a back alley to purchase drugs or he could "walk up the stairs"
to Holy Smoke.

A fourth witness works for Interior Health and was born with Fetal Alcohol
Syndrome. She told the court that she grew up in an atmosphere of partying
and became an addict to "everything that was suggested to me" when she was a
teenager. A Hepatitis C patient, she said that cannabis - which she has
used since she was young, helps relieve the prescription drug-induced
nausea.

"It's for relaxation and my disease and harm reduction," she told the court.

When asked why she did not apply for a medical marijuana licence, she also
said she did not want to have her consumption watched although she admitted
it would be nice to be able to grow the plant on her own. She said that her
doctor told her to be approved for a medical marijuana licence, she would
have to prove that no other pharmaceuticals would help her.

Admitting that she does not act appropriately when drinking alcohol, she
said it's different with marijuana.

"Marijuana doesn't get in my way," she said, noting she can still function
throughout the day. "It's just on my grocery list."

The Crown decided not to call their own expert to the case and the judge
thus adjourned court for counsel to make their arguments in writing. Sperry
is not expected to make a ruling until at least September 26.

"The trial's not over. It's the argument stage and it's again uncharted
territory for this argument, but I couldn't be more pleased with the
evidence of Dr. Melamede [on Thursday] and I couldn't be more pleased with
the evidence today," said Skogstad outside court Friday. "I just don't
think that we're going to be able to present the facts better than they
happen to be presented in this case. I got everything I hoped for in the
evidence this week."

------------------------

Newshawk: Support Holy Smoke: www.holysmoke.ca/
Pubdate: 06 May 2008
Source: Nelson Daily News (CN BC)
Copyright: 2008 Nelson Daily News
Contact: news@nelsondailynews.com
Details: www.mapinc.org/media/288
Author: Sara Newham
Note: The newspaper does not have an active website.
Bookmark: www.mapinc.org/topics/holy+smoke
Dr. Bob's Homepage: www.uccs.edu/~rmelamed/Homepage/

Mission Accomplished Says Holy Smoke Team

It's a waiting game for the four accused in the Holy Smoke drug trafficking
trial that took place last week.

Written arguments and replies will be made during the summer with a final
ruling expected no sooner than September 26. But while no one may be certain
of the outcome the defense team said it was pleased all of its evidence was
allowed during the potentially-landmark case despite repeated objections by
the Crown over the relevancy of testimonies.

"I think we did a good job of at least entering all the evidence we wanted
to enter. The judge was really good about letting us have every witness
that we wanted," said Paul DeFelice, one of three Holy Smoke co-owners and
four accused of trafficking cannabis. "The crown tried to argue away some
of them but the judge allowed them to make their testimony."

On Monday, the Crown submitted its evidence that four undercover police
officers from the Lower Mainland purchased various drugs from the store on
June 2 and 3 and July 12 and 13 in 2006. Prosecutor Rob Brown was not
available for comment.

The defense meanwhile did not contest the facts of the case and began to
argue its defense of necessity and reverse gateway theory. They claim they
were doing more good than harm and sold only to people 19 and over. They
also argued that marijuana actually helps people stop or reduce their
consumption of so-called 'hard' drugs, alcohol, and tobacco.

"We know it's illegal but you know sometimes the law is better off broken
than not broken. That's called necessity. That's an age-old defense,
common-law. It's not even set out in the statutes. It's preserved in the
statutes. It's preserved in the statutes but it's a common law defense.
It's a common sense defense as well," said defense lawyer Donald Skogstad,
comparing the situation to that of a 15-year-old boy who illegally gets
behind the wheel of the family car to seek medical help after his Dad
severely injures himself while out camping in the woods.

"There's rare occasions when it can be used. We think this is one of them,
in Nelson with these kind of people, in this climate."

Skogstad was particularly pleased with the testimony of U.S. expert Dr.
Robert Melamede who testified Thursday on the medical benefits of cannabis
and on the reverse gateway theory.

"He [Melamede] went far beyond what our fondest hopes had been, he went
beyond those. He was an excellent witness and that's because he's one of the
world's leading experts on this and is obviously a brilliant man, very
forthcoming and he can remember things and he can help us with a lot but I
now need to read all that," said Skogstad.

Melamede's complex, scientific explanation prompted Judge Don Sperry to quip
that his transcriber would hate him when he ordered the transcript of the
testimony because of all the scientific words Melamede mentioned.

Skogstad said he would read the transcript before presenting his written
argument to the court for review by Sperry. He added that he was surprised
that the Crown did not bother calling an expert.

"In other trials they have called their own experts but...this allows me to
say that our expert's evidence is undisputed," he said.

Holy Smoke co-owner and co-accused Alan Middlemiss meanwhile was surprised by the cost to bust and prosecute the four men.

"I think it was a circus in the sense that the amount of money that went into this thing," he said, noting the costs of flying four police officers from the Lower Mainland and Victoria and having them stay in hotels as well as the cost of flying a prosecutor from Vancouver to assist the local Crown Counsel.

He said the local Crown could have done the job himself.

"The local Crown is an absolute court master and anyone that's been in court in Nelson knows that Rob Brown is an amazing Crown."

Middlemiss said the highlight of the trial for him was hearing the local witnesses testify to the benefits they say they received from consuming cannabis.

"I know that the judge received it well as a person and maybe as a judge, he might find us guilty, but I think Don Sperry the person would find us not guilty in a second," presumed Middlemiss, who said they spent $40,000 to pay for their defense.

"Basically the biggest stress right now is going to jail and trying to stay out of harms way in jail from being attacked from other inmates and all the other shenanigans that go on," he said.

DeFelice said he was relieved and was trying to stay positive.

"I'm really counting on our community being behind us whether they ruled against us or not, I'm hoping the community at least realizes that we did our best, we were honest, we were transparent, we were trying to look after their best interests but really...were trying to model a better way and I think we successfully did that."

When asked if the Holy Smoke had continued its "designated dealer" program following the bust, DeFelice was mum.

"I'm under conditions to not even be in the presence of marijuana and I'm a bit of a Sgt. Schultz right now in that I don't know nothing, I don't see nothing. I don't even really know. I'm just running the retail side of the store at this point."

-----------------------

Newshawk: Support Holy Smoke: www.holysmoke.ca/
Pubdate: 07 May 2008
Source: Express (Nelson, CN BC)
Front Page
Website: www.expressnews.ca
Feedback: www.expressnews.ca/letters.html
Address: 54 Ward Street, Nelson, British Columbia V1L 1S9
Fax: (250) 352-5075
Copyright: 2008 Kootenay Express Communication Corp.
Author: Chris Shepherd
Bookmark: www.mapinc.org/topics/holy+smoke
Dr. Bob's Homepage: www.uccs.edu/~rmelamed/Homepage/

Holy Smoke trial on hold

Defence wraps up witness testimony for defence of necessity, judge
expects decision in September

Don't hold your breath for a decision on the Holy Smoke trial, it will be
September (before) for the judge hands down a decision.

All the witnesses have been heard in the Holy Smoke trial and now counsel
will make their written arguments about whether the local shop was providing
a necessary service to the community or just trafficking drugs. The
defendants expect a decision in their B.C. Provincial Court case this
September.

Alan Middlemiss, Kelsey Stratas, Paul DeFelice and Akka Annis faced charges
of drug trafficking in a three-day trial that wrapped up on Friday, May 2.
The men did not deny marijuana and other drugs were sold to undercover
police officers from their business (in) the summer of 2006, but argued they
provided a necessary service to the public.

Speaking after the week's testimony, DeFelice said it was a gradual process
that led the owners to have designated dealers selling marijuana in the
store.

"It's what we would like society to do; provide a legalized, regulated
market a lot like alcohol and tobacco."

The trial included expert testimony from Dr. Robert Melamede, a university
professor from the U.S. who testified that endocannabinoids, related to
cannabis, are a building block of life and help fight aging.

Important to defence lawyer Don Skogstad's case was the testimony of four
Kootenay residents who told the court how marijuana helped them with medical
conditions or drug and alcohol addictions. The witnesses all said Holy Smoke
offered a safe environment to buy marijuana that wasn't mixed with other
drugs.

One witness, a woman who suffered from Crohn's disease, had a license to
grow marijuana to deal with her medical condition. She testified that the
licensing process was a long and difficult one, adding if her crops failed,
Holy Smoke offered a safe place to get marijuana.

Two other witnesses testified they didn't consider getting a federal license
for marijuana because the process was too intrusive and complicated. Both
also said they didn't like having their consumption monitored either.

Skogstad was pleased with the testimony. He said everything he wanted the
judge to consider came out.

There is a need for Holy Smoke, Skogstad said. The Cannabis Compassion Club
isn't open 24 hours a day, he noted referring to an organization that
provides medical marijuana in Nelson.

"The Crown will say that you don't need the Holy Smokes of the world because
you can get licensing. Maybe someday that will be true but today, it's just
not true."

Skogstad and the Crown prosecutor will make their written submissions this
summer and Judge Don Sperry expects to make a ruling by Friday, Sept. 26.


************************

sidebar:

What is a defence of necessity?

Holy Smoke's lawyer, Don Skogstad, presented a defence of necessity. The
defence is a common-law defence and Skogstad said it was the first time in
Canada it has been used in a drug trafficking case.

In explaining the defence, Skogstad described an analogy of a father and his
15-year-old son cutting firewood in the wilderness. Suppose the father cuts
his body in such a way that he can't drive the truck but he needs medical
care. So, the 15-year-old drives the father's truck to get help.

"That's illegal too. But that's justified and that's what we're arguing."

Skogstad said he and his clients know they've broken the law and aren't
disputing that fact.

"But you know sometimes the law is better off broken than not broken."

----------------------

Newshawk: Support Holy Smoke: www.holysmoke.ca/
Pubdate: 07 May 2008
Source: Express (Nelson, CN BC)
Page 5
Website: www.expressnews.ca
Feedback: www.expressnews.ca/letters.html
Address: 54 Ward Street, Nelson, British Columbia V1L 1S9
Fax: (250) 352-5075
Copyright: 2008 Kootenay Express Communication Corp.

Editorial: Legalize drugs so we can control them all

Drugs are a problem that aren't going away in our society. The recent trial
of the Holy Smoke Culture Shop owners shows this, as do the constant
reports from the RCMP of another grow op or drug lab busted. At its most
personal, drugs are a health problem, affecting the user in a host of
negative ways. There is an option, and that's to legalize drugs so the
government (can) control the quality and eventually wean people off of them.

Look at what happened with cigarette usage and alcohol consumption.

At the outset, people over the age of 19 should have access to drugs,
providing they're informed of the effects and possible consequences of
taking the drugs.

Some people get violent when under the influence and these people need to be
given a choice: stop using or be isolated (some form of jail, perhaps) and
left to take the drugs they want. The violent drug user would only be let
out when they stop using the drugs.

This idea is all about stopping some of the violence in our society.

Drug users who don't have the money to support their habits turn to crime to
support their drug use. This affects people who shouldn't be.

In conjunction with legalizing drugs, the health establishment has to be
involved in a comprehensive information campaign to let people know just
what they're getting into.

------------------------
Newshawk: Support Holy Smoke: www.holysmoke.ca/
Pubdate: 07 May 2008
Source: Express (Nelson, CN BC)
Page 5
Website: www.expressnews.ca
Feedback: www.expressnews.ca/letters.html
Address: 54 Ward Street, Nelson, British Columbia V1L 1S9
Fax: (250) 352-5075
Copyright: 2008 Kootenay Express Communication Corp.
Author: Phil Mader
Bookmark: www.mapinc.org/topics/holy+smoke

Energy should be spent on housing crisis, not Holy Smoke

Dear editor:

The courts are now processing the "criminal"charge against Holy Smoke
Culture Shop.

As we know cases are sometimes switched city location because a hostile
environment surrounds it. It can be said that to a certain degree, the City
of Nelson, by recently upping its cooperation with police in enforcement of
breaking up cannabis grow ops, has worked to mobilize opinion against the
growth and sale of cannabis, in spite of the fact that cannabis production
and distribution generates local jobs and revenues.

It's sad to see the City of Nelson furnishing such support to suppression of
our local cannabis commerce and it's time it sees the outlawing and
prosecution of cannabis growth and sale as a waste of taxpayer's money, a
waste of personnel, a waste of resources, and a waste of "air time."

What should the City of Nelson put that money and that energy into instead?
How about Nelson's whopping housing crisis? Or care for the mentally
disabled, or the crying need for added daycare resources?

Ignorance can be reversed.

Hopefully the judge handling this case lives and thinks on higher ground
than the City of Nelson presently occupies.

person,
Nelson

----------------
Newshawk: Support Holy Smoke: www.holysmoke.ca/
Pubdate: 08 May 2008
Source: Nelson Daily News (CN BC)
Page 7
Email: news@nelsondailynews.com
Address: 266 Baker Street, Nelson, British Columbia V1L 4H3
Fax: (250) 352-2418
Copyright: 2008 Nelson Daily News
Author: Bruce Codere
Referenced: www.mapinc.org/drugnews/v...43/a09.html

It's time to end prohibition

To the Editor:

Re: Here's A Thought NDN Page 6 April 29, 2008

One good turn deserves another. Here's another thought.

Cannabis was outlawed in 1923 with no debate in the House because nobody
knew enough about it to say anything. Emily Murphy - viciously
prohibitionist - copied stories from The New Your Times, owned by W.R.
Hearst, who happened to be cut from the same ideological cloth. They
represented the core of her infamous book of lies, The Black Candle.

There were no experts to discuss scientific studies describing a pressing
social need to control pot. There was no scientific data. There were
hardly any pot smokers in Canada to begin with. It took fourteen years
before the first conviction. Fourteen years.

Prohibition is not something pot smokers asked for or particularly accept. It
was a vicious uncalled for tactic to leverage power and control over visible
minorities and now that whites are into pot as much as anyone what we have
is a case of a snake swallowing its tail.

The government, the police, the courts and the jails force prohibition on
pot smokers. And prohibition is a lie. If you want to stop wasting
precious taxpayer money, stop persecuting us, stop arresting us, stop
prosecuting us, stop jailing us. Just leave us alone. We can take care of
ourselves without your help.

Cannabis has been growing on Earth since before insects buzzed around. It's
going to take a whole lot more than a minority of Canadians who hate pot to
stop this plant from thriving.

B
Fox Creek, AB

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