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
- Border traffic light after Washington bridge collapse
- Traffic was flowing smoothly at the Canada-U.S. border Saturday, after a bridge collapsed along a major transportation route between Vancouver and Seattle Thursday night. more »
- Body found inside burning van in East Vancouver
- Police are investigating after a man's body was found inside a burning van in East Vancouver Saturday morning. more »
- Loblaw company recalls President's Choice juice
- A popular President's Choice juice sold across the country has been recalled due to concerns over the inclusion of sulphites that aren't declared on the label. more »
- McDonald's CEO chastised by 9-year-old B.C. girl
- A girl from Kelowna, B.C., is making international headlines for chastising the CEO of McDonald's during the corporation's annual shareholders meeting in Chicago on Thursday. more »
Must Watch
Top News Headlines
- 3 more suspects arrested in slaying of U.K. soldier
- British police investigating the savage killing of an off-duty soldier in London have arrested three more suspects. more »
- Hockey Canada votes to ban bodychecking in peewee hockey
- Hockey Canada's board of directors voted to eliminate bodychecking from peewee-level hockey on Saturday in Charlottetown. more »
- Neil Macdonald: How serious is Obama about curbing the drone surge?
- In a key speech this week, the U.S. president set out a host of supposed new safeguards for America's controversial practice of remote-controlled rough justice. But as Neil Macdonald writes, the underlying rationale for drone use has not fundamentally changed. more »
- Ontario man lost in Australian mountains has survival skills
- The sister of an Ontario man who disappeared in Australia's Snowy Mountains nearly two weeks ago says she remains hopeful he will be found, partly because of his training as a Canadian Forces reservist. more »
- McDonald's CEO chastised by 9-year-old B.C. girl
- Dog snared on baited hooks near Vancouver's Grouse Grind trail
- UBC student took 'nose dive into water' after bridge collapse
- Motorists warned to avoid Washington bridge collapse area
- Vancouver man abandons Porsche on B.C. ferry
- VIDEO: Cruise ship chaos kicks off season in Vancouver
- Railway conduit planned to ship oilsands bitumen
- Body found inside burning van in East Vancouver
- Washington police blame bridge collapse on Alberta trucker

