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RainDog

(28,784 posts)
Sun Jun 9, 2013, 12:14 AM Jun 2013

Canadian man in jail in U.S. for selling mj seeds put in solitary

http://blogs.vancouversun.com/2013/06/07/marc-emery-is-in-solitary-confinement/

Marc Emery, the self-styled "Prince of Pot," is serving time in a prison in Mississippi for selling marijuana seeds to Americans. He was sentenced to 5 years and currently has more than a year to serve on his sentence before he can return to Canada.

Marc has taught himself to play bass guitar since he was imprisoned, and has performed with a prison band in 13 concerts for the other inmates.

Marc writes a blog from prison, and in March he was able to get permission from the warden to have some photos taken of his band practicing in the music room.

“Now the prison has him in solitary confinement to investigate the photos of his band that the prison itself approved!” said Jodie Emery, Marc’s wife. Jodie lives in Vancouver and visits Marc every two weeks. “The investigation is to see if Marc had a cellphone to take the band photos. But the warden, guards, music and recreation administrators, they all know that Marc got official permission for those photos. Yet now they have put him, and his bandmates, into solitary while they ‘investigate’? These investigations can take weeks!”

Conditions in solitary confinement are not pleasant. Prisoners are kept inside their cell for 23 hours a day.


This is the drug war in action. A Canadian man is confined to a cell for 23 hours a day for selling seeds to an American. Obviously he is a threat to national security and such actions warrant imprisonment 'cause we're all about the freedoms in this nation.
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Canadian man in jail in U.S. for selling mj seeds put in solitary (Original Post) RainDog Jun 2013 OP
K & R !!! WillyT Jun 2013 #1
There's a big piece missing in this commentary. Is the warden stupid? Dead? In a coma? MADem Jun 2013 #2
He should not be in jail at all RainDog Jun 2013 #3
Well. Sure. Most normal people are in favor of legalization. MADem Jun 2013 #4
Yes. His govt. turned him over under pressure from the U.S. RainDog Jun 2013 #5
Not pressure. A treaty, plain and simple. You give as good as you get. MADem Jun 2013 #6
"He's not being screwed with because he sold pot seeds." Kali Jun 2013 #9
Exactly. n/t RainDog Jun 2013 #11
Please--he's eighty percent of the way through his sentence. MADem Jun 2013 #13
holy shit, I can't believe I am reading this from a long time DUer. Kali Jun 2013 #14
His country extradited him, and no one "forced" them to do it. MADem Jun 2013 #16
you know, you're right RainDog Jun 2013 #10
The guy has the power to change his own fate. He, or his bandmates, can rat out the MADem Jun 2013 #12
jesus christ RainDog Jun 2013 #15
What's unbelievable is your unwillingness to understand this has nothing to do with his "crime." MADem Jun 2013 #17
actually, I have stated, repeatedly, that I understand RainDog Jun 2013 #18
This isn't about "the system that is in place"--it's all about prison management. MADem Jun 2013 #19
There is a very good reason why I have a certain DUer blocked from my juries. I'll let you figure kestrel91316 Jun 2013 #26
Yay. Warren DeMontague Jun 2013 #7
This is funny because I can buy MJ seeds right now completely legally. Twofish Jun 2013 #8
It's still a Federal crime (nt) Recursion Jun 2013 #21
No, not with seeds. There's n o federal law against buying MJ seeds. Twofish Jun 2013 #22
Try again. He's in Federal prison (nt) Recursion Jun 2013 #23
Not for selling or buying seeds. Twofish Jun 2013 #24
Yes, there is. 21 USC 802.16 Recursion Jun 2013 #25
FAIL. But it's laughably easy to buy them anyway. As it should be. kestrel91316 Jun 2013 #27
This message was self-deleted by its author Recursion Jun 2013 #20

MADem

(135,425 posts)
2. There's a big piece missing in this commentary. Is the warden stupid? Dead? In a coma?
Sun Jun 9, 2013, 12:26 AM
Jun 2013

Does he have memory problems? Or is the central issue in this narrative that no one came in from the outside with a camera to take the pictures?

Explain where the pictures came from, and which camera took the pictures--and life is good. No one has to spend time in solitary. Fail to explain that, and there's problems.

"A Canadian man is" NOT "confined to a cell for 23 hours a day for selling seeds...."

He's confined (along with his buddies) for allegedly having a cellphone, and that's according to the article. Someone has that cellphone now, and the guards are looking for it.

Did he not make his request to have photos taken in writing and get a response the same way? Did he not arrange for a photographer to come to the jail and take the pictures?

Verbal orders don't go!

RainDog

(28,784 posts)
3. He should not be in jail at all
Sun Jun 9, 2013, 12:32 AM
Jun 2013

because he is in jail, he has to have permission to take the photos.

yes, the reality is the article doesn't explain how the pictures were taken.

maybe it's like a Rorschach test - the reason he has to abide by these restrictions is because he was put in jail under a law that is so wrong it does not deserve respect.

but if it's all about the law and order, then, what does it matter that someone who sells seeds online is in prison in the first place. cause authority must be respected.

because.

MADem

(135,425 posts)
4. Well. Sure. Most normal people are in favor of legalization.
Sun Jun 9, 2013, 12:44 AM
Jun 2013

That is not what this story is about.

The facts remain that he broke (still existing) US law. He got caught. His own country handed him over--you didn't see them "taking a stand" against a "greater good." See? Canada has politicians who are wired into Big Pharma, too, apparently.

He's not being "punished" with "solitary" for selling pot seeds through the mail. He is being punished with solitary because he and his buddies are believed to have had an illegal cellphone in the jail.

He, or his pals, apparently can't produce a "legal" camera or a photographer. That's the crux of his difficulty. If he could provide a record of someone from "the outside" taking those pics, his problems would be over.

Cellphones in jails are very common indeed--the very small "candy bar" ones are popular-apparently they fit up into body cavities and can be concealed from the guards more readily.

It's not about some South-Parkian line like "authority must be respected, because." It's so criminals can't continue to run their organized crime enterprises from jail, at least not easily.

You don't think Whitey Bulger would love a cellphone in his cell at Plymouth?

RainDog

(28,784 posts)
5. Yes. His govt. turned him over under pressure from the U.S.
Sun Jun 9, 2013, 01:07 AM
Jun 2013

However, he ran his business in Canada for 10 year prior to that.

http://en.wikipedia.org/wiki/Marc_Emery

The POINT is that he simply should not be in prison. I said, yes, the prison has rules. He apparently broke them.

But the POINT is that he is a prisoner under a system that may arbitrarily declare a plant illegal, that spends billions of dollars a year on such dangerous criminals like a marijuana seed company owner, and then that person is subject to the same treatment as a banker, say, who laundered money for drug cartels... oh, wait. didn't happen.

the fact that he is in prison is absurd.

I don't deny the prison has rules. But the POINT is that someone is treated like a criminal for selling seeds for a plant that is less harmful than an aspirin, less addictive than coffee - unless, of course, you make money off of imprisoning people.

Think of it like this... a black guy in the south in the early 20th century gets put on a work gang. He breaks one of the rules. He gets put in solitary. Would you then spend your time defending the rule that got him put in solitary or questioning the idea that he is on a work gang in the first place?

that's where I'm coming from.

MADem

(135,425 posts)
6. Not pressure. A treaty, plain and simple. You give as good as you get.
Sun Jun 9, 2013, 01:31 AM
Jun 2013

Canada understands this, and nobody bullied them.

The point is that the question of his trial, conviction and incarceration is a horse that has long left the barn. He is in prison, has been for some time, and has a bit more than a year left on his sentence.

The crux of your OP is that he can't explain how those pictures got taken. That's the bottom line here.

If they were going to fuck with this guy over his "civil right" to sell weed or weed-related products, they had several years to do that. Instead, they let him play in the prison band and write a blog.

He's not being screwed with because he sold pot seeds.

They're on him because he--or one of his pals--has an unauthorized cellphone in the prison and the prison authorities want it. That's the bottom line.

A 'prison band' is not a 'work gang'--it's a 'play gang.' It's a reward, not a punishment.

All these guys have to do is EXPLAIN that Freddy the Guard took the picture, or someone's wife was escorted in to take the shot on visitor's day...or something...and all would be forgiven. But they didn't do that. And they didn't do it because they can't do that--they do not have that excuse worked out. What they do have--or had--is a dodgy cell phone.

Where did they get the cellphone? From a spouse? A guard? That's what's being investigated. A spouse or friend will be barred from future visits, and charged with a crime, and a guard would be fired, if they confessed to where they got the thing. That's why they're keeping their mouths shut. Snitches get stiches, and all that.

They should have used their heads and not assumed that the prison wouldn't want to know the origin of any photo taken in their facility.

Kali

(55,003 posts)
9. "He's not being screwed with because he sold pot seeds."
Sun Jun 9, 2013, 12:39 PM
Jun 2013

oh no, 5 years in prison isn't being screwed with
getting in more trouble because of being in prison for 5 years for seeds isn't being screwed with
people that break the rulz deserve whatever happens to them

MADem

(135,425 posts)
13. Please--he's eighty percent of the way through his sentence.
Sun Jun 9, 2013, 02:05 PM
Jun 2013

He's playing guitar in a prison band, not working on the chain gang. He's been IN JAIL for four years already--if they were gonna be "mean" to him, they would have done it well before now. Instead, he was given 'country club' benefits--he's not peeling potatoes in the prison kitchen, he was strumming his guitar until this business happened.

He -- or a friend he doesn't want to rat out-- had an illegal cellphone and they sent out pictures using it. THAT is why they are in the cooler. Rank stupidity. Perhaps they had the naive idea that the warden didn't read his little blog?

If they didn't do that, he would still be writing his blog entries, and he and his bandmates would still be playing their guitars and not whiling away their remaining year in the solitary section of the pokey.

The fact that he was arrested, charged, extradited and convicted is a separate issue from this OP. This OP is about someone who took a picture with a cellphone and got tossed in the cooler for it.

Kali

(55,003 posts)
14. holy shit, I can't believe I am reading this from a long time DUer.
Sun Jun 9, 2013, 02:14 PM
Jun 2013

yes, prison for 5 years for seeds is a fucking country club situation. your attitude sucks and makes DU suck, do you know that? the automatic assumption that he deserves what he is getting and that the small privileges he was granted were some kind of easy living is sickening.

yeah, this criminal should just pull himself up by his bootstraps and take responsibility for selling seeds and getting put in solitary for a photo.


MADem

(135,425 posts)
16. His country extradited him, and no one "forced" them to do it.
Sun Jun 9, 2013, 02:38 PM
Jun 2013

Look, I don't know how hard it is to parse out the logic here, but here are a few truths:

1. Most people, myself included, are in favor of MJ legalization.

2. This guy broke the existing law and got caught. Woe is him. His own so-called liberal (but not really) country didn't give him any cover, they extradited him to face the music.

3. As sentences go, his could have been worse. People go up the river for decades for weed, especially distribution for resale, and it could be argued that seeds = farming.

4. It's not a question of "Waaah waaah, you say he deserves what he is getting....waaah waaah, you are EEEEVIL" it's a question of the fact that the guy found himself in jail four fucking years ago. Not last week, not last month, not last year. He knew the rules of the prison, he's had four long years to get the bubble on that--one big rule is NO CELL PHONES. Shit, fools who watch LOCKUP on basic cable know this.

5. He felt the rules didn't apply to him, probably because the prison is more like an authoritarian dorm than an actual prison. He's had time to learn to play guitar, so he isn't spending all his time toting that barge or lifting that bale, now, is he? He sneaked in a cell phone somehow--his wife slipped it to him (perhaps on a conjugal), or he paid a guard to get one for him, he took pics, sent them out....and got caught.


6. Now the warden wants to know who brought that phone in, probably because he doesn't like the idea of his guards selling shit--like cell phones, or drugs, or alcohol--at a huge profit, no doubt, to inmates, and his peeps are going to sweat those guys in the little prison band until they rat fink on the guard or visitor who brought the thing in.

This isn't rocket science and it happens in prisons all over the country, every day of every week. For you to insist that this is about the seed conviction is just absurd. It's about prison management, and the EXACT same thing--a trip to solitary-- would happen to a guy with an illegal cellphone who murdered his father or his business partner, or who embezzled millions, or who was a rapist or child molester. It's about the CELL PHONE, not the SEEDS. But oh, ain't the poor pitiful prisoner DRAMA swell!

For all your anxious talk about attitudes that make DU suck...you should know that hyperbolic bullshit and false or tortured constructs happen to be very high on my list.

indeed....

RainDog

(28,784 posts)
10. you know, you're right
Sun Jun 9, 2013, 01:09 PM
Jun 2013

silly me.

OF COURSE the drug war treaties that the U.S. FORCED all nations to be signatory to is not coercive. Unless, of course, you listen to what others in nations around the world have to say about it. Lula has been extremely forthright about the drug war's attack on indigenous people, for instance.

and, of course, once you are caught up in the authoritarian dragnet of the war on drugs, it's all about obeying authority as it exists.

I don't know the whats and wherefores of the camera.

I do know that putting someone in a cell for 23 hours a day would, in the minds of MOST PEOPLE WHO GIVE A SHIT ABOUT HUMAN RIGHTS, be considered another example of the abuse of power in a system that is already abusing power via the war on drugs.

But to you, apparently, it's a-okay because...

authority.

yeah, that's what your argument comes down to. respect my authority.

MADem

(135,425 posts)
12. The guy has the power to change his own fate. He, or his bandmates, can rat out the
Sun Jun 9, 2013, 01:45 PM
Jun 2013

person with the cellphone, but then, their remaining time will be even more miserable. If they did nothing "wrong," they'd point to the person who took the picture--but they aren't doing that, because they fucked up.

It's not about (immature, snarky Cartman voice) authority. It's about stupidity.

If the warden really DID give permission, the thing to do would be to ask the warden or his secretary to take the frigging picture, not take one on a contraband cellphone and squirrel it out as an attachment.

But one or two things is true here-- the warden never gave permission, they had an illegal cellphone, or both. You can stomp your foot and cry about it, but a smart prisoner would not have published a picture that hadn't been vetted by the warden's shop. That's how privileges--like playing in a band instead of sitting in solitary--are retained. It's not rocket science. These guys fucked up.

It's not club med, it's prison. Waaaah...."authori-teh!!!!" That's the basic idea--they want it to suck so you don't want to come back...


MADem

(135,425 posts)
17. What's unbelievable is your unwillingness to understand this has nothing to do with his "crime."
Sun Jun 9, 2013, 02:44 PM
Jun 2013

It has everything to do with how the warden is managing his (or her) prison. The warden doesn't like people sneaking in cellphones, either via guards or visitors, and it doesn't matter if the prisoner is a rapist or a seed seller--the warden is going to go after people who have contraband cellphones, and fire the guards who are supplying them, if they are the source.

RainDog

(28,784 posts)
18. actually, I have stated, repeatedly, that I understand
Sun Jun 9, 2013, 03:42 PM
Jun 2013

and you just continue to defend the system that is in place - because it exists.

that's what "jesus christ" is about.

because, what I have also said, is that the law itself is the reason why the guy is in prison.

and, just above, you make fun of him for being in prison.

let's just agree that we disagree about what matters in this situation.

MADem

(135,425 posts)
19. This isn't about "the system that is in place"--it's all about prison management.
Sun Jun 9, 2013, 04:08 PM
Jun 2013

Unless you think the lunatics should be running the insane asylums?

Yes, it's a shame that this guy got bagged for a victimless crime, but those are the breaks--he knew he was breaking the law when he did the crime...and you know what they say about not doing the crime if you can't do the time...?

The guy has been in the prison for four years--and he knows what the warden allows and doesn't allow. He chose to ignore the warden, because he wanted pictures of himself wielding his axe in the clink. And to ice his cake, he couldn't wait to publish them. And bottom line, as concerns this guy's circumstances and where he lays his head at night, that is ALL that "matters in this situation."

And no, I'm not "making fun of him for being in prison." I'm calling him a dumbass for blatantly breaking a prison reg, thinking--stupidly--that no one would ask about the source of his published photo-- and then having his wife get all pouty about it after he was busted through either his own stupidity or the stupidity of one of his dumbass bandmates.

This is a guy who just never thinks he'll get caught. Twice he's been told otherwise. He needs to get smart if he doesn't want to get caught a third time.

He should have waited until after his release to publish his "prison band" pics. He shouldn't have telegraphed, via his blog, that he had a cellphone that could take/send pics. He--or a member of his crew--is the architect of his own damn misery.

Sometimes stupidity is its own punishment.

 

kestrel91316

(51,666 posts)
26. There is a very good reason why I have a certain DUer blocked from my juries. I'll let you figure
Sun Jun 9, 2013, 05:25 PM
Jun 2013

out who. I really hate authoritarians.

(Hint: It's not you.)

Recursion

(56,582 posts)
25. Yes, there is. 21 USC 802.16
Sun Jun 9, 2013, 04:26 PM
Jun 2013
http://uscode.house.gov/download/pls/21C13.txt

The term "marihuana" means all parts of the plant Cannabis
sativa L., whether growing or not; the seeds thereof; the resin
extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such
plant, its seeds or resin. Such term does not include the mature
stalks of such plant, fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of such plant which is incapable of germination.


Also, your username is my favorite cipher.

Response to RainDog (Original post)

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