Nelson pot shop owners defend 'designated dealers' at trial
Last Updated: Tuesday, April 29, 2008 | 11:36 AM PT
CBC News
Related
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.
Share Tools
Latest British Columbia News Headlines
- Ryder Hesjedal wins prestigious Giro d'Italia
- Victoria native Ryder Hesjedal has become the first Canadian to win one of the cycling world's three Grand Tour events, wrapping up the 2012 Giro d'Italia with an excellent performance in the final stage in Milan. more »
- Surrey RCMP seek hit-run driver
- Police are looking for a light-coloured Chrysler with damage to the driver's front side after a pedestrian was hit in Surrey, B.C., early Sunday morning. more »
- B.C. man who scaled Everest returns home
- A Vancouver man who climbed the world's highest mountain is back home and talking about the adventure. more »
- Fort Langley restaurant damaged in fire
- A sushi restaurant in Fort Langley, B.C., was damaged in a fire early Sunday morning. more »
Top News Headlines
- Canadian Pacific strikers face back-to-work legislation
- Labour Minister Lisa Raitt is prepared to end the Canadian Pacific Railway strike if necessary, after both CP and the union rejected a proposal for voluntary arbitration by the government-appointed negotiator on Sunday. Raitt says she is "extremely disappointed." more »
- Syrian regime denies role in Houla massacre
- The UN Security Council condemned the Syrian regime at an emergency meeting Sunday, holding president Bashar al-Assad's military responsible for the massacre of more than 100 people, dozens of whom were children younger than 10 years old. more »
- Ryder Hesjedal wins prestigious Giro d'Italia
- Victoria native Ryder Hesjedal has become the first Canadian to win one of the cycling world's three Grand Tour events, wrapping up the 2012 Giro d'Italia with an excellent performance in the final stage in Milan. more »
- Neighbour may have helped find missing kids in Mexico
- Two Winnipeg children who had been missing for nearly four years were found in Mexico after a man raised concerns about his neighbour, according to a private investigator. more »
- B.C. NDP calls for unity in fighting coast guard closure
- Surrey RCMP seek hit-run driver
- B.C. man who scaled Everest returns home
- Fort Langley restaurant damaged in fire
- Passengers' families sue for fatal B.C. plane crash
- B.C. Coast Guard Auxiliary gets new name
- Tsunami motorcycle heading to Harley museum
- Psych ward escapes worry neighbours
- Gang forum honours Surrey 6 victim

