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POT TRIAL WRAPPING UP IN NELSON
By Hempology | May 10, 2008
Fri, 02 May 2008
Kootenay Western Star (CN BC)
Copyright: 2008 Kootenay Western Star
Author: Elliot Robins
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.
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