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-   -   Internet marijuana seed dealers raided by RCMP, extradition to US requested by DEA (https://gfy.com/showthread.php?t=498108)

ricks 07-30-2005 12:36 PM

Internet marijuana seed dealers raided by RCMP, extradition to US requested by DEA
 
I remember KRL asking about the legalities of internet seed dealing about a year ago. The indictment says it is a $3 million dollar a year business that Emery was running.

From the looks of the indictment he is charged as if he was selling marijuana and conspiring with Americans to cultivate. His seeds have been traced to illegal grows in a number of states.

Mainstream media reports:

http://news.google.ca/nwshp?hl=en&gl...story_id%3D280

Here is the article from his site regarding the raids, a different point of view:

http://www.cannabisculture.ca/articles/4466.html

Alot of questions have been raised on this forum from non-US residents about what can happen if you break US law and do not reside in the US, this is a perfect example of the use of the MLAT between the US and Canada.

The DEA requested cooperation from the Canadians and got it without hesitation. If extradited and convicted, Emery will likely die in jail.

xlogger 07-30-2005 12:37 PM

Damn, where i am going to bye my weed from now!?

pr0 07-30-2005 12:38 PM

the war on morality just keeps heating up!

candyflip 07-30-2005 12:39 PM

I hope he really doesn't keep a list of clients like he claims he does :1orglaugh

ricks 07-30-2005 12:44 PM

Quote:

Originally Posted by candyflip
I hope he really doesn't keep a list of clients like he claims he does :1orglaugh

Whats funny is that on all the marijuana boards they are saying the same thing, like 'I hope he dosent give up his client list'.

Fact is, the DEA most likely has his client list now, that is the purpose of the search warrant and raid. It is not his to negotiate with or to give up if he feels like it or not.

If they did not find it in the raids they could compel him to produce it under the threat of contempt charges.

pr0 07-30-2005 12:44 PM

Quote:

Originally Posted by candyflip
I hope he really doesn't keep a list of clients like he claims he does :1orglaugh

you better believe theres going to be several thousand american grow ops served over this

who better to attack than canada's most visible pot figure-head.....

emery won't last a minute in jail in the U.S., he'll roll on all his customers & contacts

candyflip 07-30-2005 12:47 PM

Quote:

Originally Posted by ricks
Whats funny is that on all the marijuana boards they are saying the same thing, like 'I hope he dosent give up his client list'.

Fact is, the DEA most likely has his client list now, that is the purpose of the search warrant and raid. It is not his to negotiate with or to give up if he feels like it or not.

If they did not find it in the raids they could compel him to produce it under the threat of contempt charges.

He claims to not keep a client list. So if this is the case, there should be nothing to worry about.

Gonna have to watch and see how this pans out. Thank God for fake names and office delivery :1orglaugh

pr0 07-30-2005 12:48 PM

Quote:

Originally Posted by candyflip
He claims to not keep a client list. :1orglaugh

^ just re-arranged that for you

pr0 07-30-2005 12:49 PM

I'd love to know who the other 2 were......anyone got that info?

V_RocKs 07-30-2005 12:50 PM

Damn... oddly enough it isn't illegal to order it... I like that.

BradShaw 07-30-2005 12:50 PM

And this has nothing to do with national security...... ding ding ding


People who think they are safe in Canada, or vise versa have smoked too much.

Spunky 07-30-2005 12:51 PM

Quote:

Originally Posted by pr0
I'd love to know who the other 2 were......anyone got that info?

His assistant,some chick and some dude working in the store..He is based in Vancouver

ricks 07-30-2005 12:55 PM

Quote:

Originally Posted by pr0
I'd love to know who the other 2 were......anyone got that info?

Gregory Williams and Michelle Rainey-Fenkarek were picked up in Vancouver.

Apparantly there were other raids and arrests at the hemp festival in Halifax, all done simultaneously involving other seed dealers, this is according to forum gossip on some of the marijuana boards that I follow.

Emery was definately the biggest in the business though.

ricks 07-30-2005 12:55 PM

Quote:

Originally Posted by V_RocKs
Damn... oddly enough it isn't illegal to order it... I like that.

I think for an American the possession of a seed is illegal.

ricks 07-30-2005 12:59 PM

Quote:

Originally Posted by BradShaw
And this has nothing to do with national security...... ding ding ding


People who think they are safe in Canada, or vise versa have smoked too much.

Large scale distribution, smuggling and trafficking of illegal marijuana seeds to the US for the past 10 years is a bit different than a Canadian who alledgedly 'hacked' or exposed the vulnerabilities in your servers. Besides, you are a pornographic webmaster, it is the DEA that appealed to the Canadian government to get this special warrant, I doubt you have that sort of pull. Yes, the MLAT is there, but is is rarely used and when used it normally involves a crime of some significance.

BRISK 07-30-2005 01:01 PM

I think for extradition to be granted, his conduct needs to be punishable both in America AND Canada (not just one of the countries).

Is Emery's conduct punishable in Canada?

WiredGuy 07-30-2005 01:05 PM

Is selling Marijuana seeds legal in either Canada or the US? I didn't think it was.
WG

pr0 07-30-2005 01:05 PM

sounds like the DEA strongarmed the canadians into enforcing this MLAT shit....sounds like they didn't even wanna do it

ricks 07-30-2005 01:06 PM

Quote:

Originally Posted by BRISK
I think for extradition to be granted, his conduct needs to be punishable both in America AND Canada (not just one of the countries).

Is Emery's conduct punishable in Canada?

It is a violation of Canadian law to export known contraband.

WarChild 07-30-2005 01:07 PM

Quote:

Originally Posted by BradShaw
And this has nothing to do with national security...... ding ding ding


People who think they are safe in Canada, or vise versa have smoked too much.

:1orglaugh :1orglaugh :1orglaugh

Next you're going to be telling me they'll be arresting Canadians for breaking US copyright laws by downloading shared music files, and deporting them to the United States. Oh wait.

ricks 07-30-2005 01:07 PM

Quote:

Originally Posted by WiredGuy
Is selling Marijuana seeds legal in either Canada or the US? I didn't think it was.
WG

It is definately illegal in the US. I remember some stores on Yonge St. in Toronto being raided years ago for selling seeds, not sure what resulted though. I think it would be a summary offence in Canada (which is like a US misdemeanor).

WarChild 07-30-2005 01:08 PM

Quote:

Originally Posted by pr0
sounds like the DEA strongarmed the canadians into enforcing this MLAT shit....sounds like they didn't even wanna do it

Strong armed how? Despite what you might think, Canada doesnt just fold to American will.

Witness file sharing laws.
Witness missile defense shield.

BRISK 07-30-2005 01:09 PM

Quote:

Originally Posted by ricks
It is a violation of Canadian law to export known contraband.

know contraband in any country? or known contraband in Canada?

Are marijuana seeds considered contraband in Canada?

BRISK 07-30-2005 01:10 PM

The process for extradition from Canada continues to have both a judicial and an executive phase. At the judicial phase, a judge will determine if the conduct constitutes an offence in Canada and if there is sufficient evidence such that, had it occurred in Canada, the person would be committed to stand trial. At the executive phase, the Minister of Justice will decide whether or not to surrender, taking into account all of the circumstances and any applicable ground of refusal

http://www.oas.org/Juridico/mla/en/c...-gen-desc.html

pr0 07-30-2005 01:12 PM

Quote:

Originally Posted by WarChild
Strong armed how? Despite what you might think, Canada doesnt just fold to American will.

Witness file sharing laws.
Witness missile defense shield.

:1orglaugh :1orglaugh :1orglaugh

ricks 07-30-2005 01:13 PM

Quote:

Originally Posted by BRISK
know contraband in any country? or known contraband in Canada?

Are marijuana seeds considered contraband in Canada?

It is illegal to export something to a country where the product is illegal, regardless of the legality of the product in Canada. It is the responsiblity of the exporter to know the laws of the country which he is exporting to.

Here is a similar case involving a product that is legal in Canada but illegal in the US and the MLAT was used in this case also:

http://www.theage.com.au/articles/20...?oneclick=true

ricks 07-30-2005 01:15 PM

Quote:

Originally Posted by ricks
It is illegal to export something to a country where the product is illegal, regardless of the legality of the product in Canada. It is the responsiblity of the exporter to know the laws of the country which he is exporting to.

Here is a similar case involving a product that is legal in Canada but illegal in the US and the MLAT was used in this case also:

http://www.theage.com.au/articles/20...?oneclick=true

Quote:

Daniel Pelchat of St Etienne, Quebec, described by Assistant US Attorney James Kennedy in Buffalo as one of the biggest providers of GHB in the world, was indicted for unlawful use of the Internet and importation of GBL and BD after 1,452 gallons of the chemicals were seized on Wednesday from his business and residence.
GBL and BD are both legal products in Canada (used in industrial cleaners without restrictions) but controlled in the US, they are the precursors for GHB.

candyflip 07-30-2005 01:16 PM

Quote:

Originally Posted by ricks
It is illegal to export something to a country where the product is illegal, regardless of the legality of the product in Canada. It is the responsiblity of the exporter to know the laws of the country which he is exporting to.

Here is a similar case involving a product that is legal in Canada but illegal in the US and the MLAT was used in this case also:

http://www.theage.com.au/articles/20...?oneclick=true

Can you post the text of this article...I don't feel like signing up.

<--- typical stoner

dready 07-30-2005 01:18 PM

Marc Emery is a Canadian hero and has been for years. I wish him luck.

ricks 07-30-2005 01:18 PM

Quote:

Originally Posted by candyflip
Can you post the text of this article...I don't feel like signing up.

<--- typical stoner

This is an old article, if you do a search for 'Daniel Pelchat' and 'GHB' you will find many articles on this, he made millions exporting GHB 'kits' to the US which were comprised of products that are technically legal in Canada but illegal in the US.

ricks 07-30-2005 01:19 PM

Quote:

Originally Posted by dready
Marc Emery is a Canadian hero and has been for years. I wish him luck.

Even most of the stoner community sees Emery as a jackass, except on his Cannibus Culture forum.

candyflip 07-30-2005 01:20 PM

Quote:

Originally Posted by ricks
This is an old article, if you do a search for 'Daniel Pelchat' and 'GHB' you will find many articles on this, he made millions exporting GHB 'kits' to the US which were comprised of products that are technically legal in Canada but illegal in the US.

That I can do. Thanks.

BradShaw 07-30-2005 01:22 PM

Quote:

Originally Posted by ricks
Large scale distribution, smuggling and trafficking of illegal marijuana seeds to the US for the past 10 years is a bit different than a Canadian who alledgedly 'hacked' or exposed the vulnerabilities in your servers. Besides, you are a pornographic webmaster, it is the DEA that appealed to the Canadian government to get this special warrant, I doubt you have that sort of pull. Yes, the MLAT is there, but is is rarely used and when used it normally involves a crime of some significance.


This has nothing to do with my servers. Fris is a criminal, goes way beyond any kiddie games he played on my servers. In time, sheep will see and I once again will be applauded for helping to fry a scammer.

detoxed 07-30-2005 01:24 PM

fucking crazy though, that the US government officials are putting so many blatantly setup and fake statistics and warnings:

"People don't say that, but right now in America, there are more kids in treatment for addiction to marijuana than every other illegal drug combined."



These kids dont NEED treatment for marijuana, they just want to smoke it and rebel against parents, parents say ok, you are going into treatment, or because they got caught with weed and they were FORCED into "treatment" by the court

So the government forces kids into treatment and then uses it as their reasoning for marijuana being bad

ricks 07-30-2005 01:24 PM

Quote:

Originally Posted by candyflip
That I can do. Thanks.

Here's an informative link about this case:


http://www.usdoj.gov/dea/ongoing/webslinger.html

ricks 07-30-2005 01:29 PM

Quote:

Originally Posted by ricks
Here's an informative link about this case:


http://www.usdoj.gov/dea/ongoing/webslinger.html

http://www.drugwar.com/caddenghb.shtm

VeriSexy 07-30-2005 01:35 PM

Damn, they must have a list of addressed of thousands of clients :Oh crap

cool1 07-30-2005 01:52 PM

pretty fucked up that he gets busted by the US for selling seeds.

wallst 07-30-2005 02:00 PM

doesn't look like it's stoppin' this guy...

http://www.thcseeds.com/new/images/stories/norm.jpg

http://www.thcseeds.com/new/

instruction:

http://www.thcseeds.com/new/content/view/42/59/

Mike Okitch 07-30-2005 02:04 PM

Quote:

Originally Posted by detoxed
fucking crazy though, that the US government officials are putting so many blatantly setup and fake statistics and warnings:

"People don't say that, but right now in America, there are more kids in treatment for addiction to marijuana than every other illegal drug combined."



These kids dont NEED treatment for marijuana, they just want to smoke it and rebel against parents, parents say ok, you are going into treatment, or because they got caught with weed and they were FORCED into "treatment" by the court

So the government forces kids into treatment and then uses it as their reasoning for marijuana being bad

"People don't say that, but right now in America, there are more kids in treatment for addiction to marijuana than every other illegal drug combined."

That's pulled directly from the "no shit Sherlock" files. As if kids would have easy access to coke, heroin, crystal meth, etc. OF COURSE pot is easier to obtain than other drugs and consequently more kids get caught with pot than with anything else.

The Vancouver Police Department has known about Emery selling seeds for years and if they would have been able to get a conviction in Canada for this, he would have been shut down a long time ago. It's because of the DEA that the shit has hit the fan. An extradition process can take a very long time to get done, especially with someone like Emery who's got the financial means to drag it on for many years. Even then, there's no guarantee that he'll have to get to Seattle to face charges.


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