Up In Smoke Cafe Bust: Hamilton, Ont Canada

[motorhead]

The Up in Smoke Cafe in Hamilton was busted yesterday by the RCMP. Yet another ominous sign of the new Conservative vows to crack down on Marijuana here in Canada. More details as they come in. For now here is a clip of the bust.Drug news coverage video's

[motorhead]

Canada: Another Week, Another Attack on the Cannabis Industry 3/10/06

The Conservative government of Prime Minister Steven Harper has only been in office for a few weeks, but it is already sending strong signals that cannabis and cannabis-related businesses will be the subjects of unwanted government attention. Last week, the Chronicle reported on Canada's first major bust of a seed-selling concern, and one of the people we interviewed was Chris Godwin, proprietor of the Up in Smoke cannabis café in Hamilton, Ontario, on the lakeshore about 50 miles southwest of Toronto.
Up in Smoke Cafe rally posterOn Wednesday, Up in Smoke was raided, and Godwin and two employees were taken to jail. Godwin is charged with possession and trafficking in marijuana, one employee was charged with possession and trafficking cookies containing marijuana, and the other employee was charged with marijuana possession. The bust happened when a plainclothes police officer entered the business as Godwin and two others were sharing a joint. The employee actually holding the joint was charged with possession. Police seized the store's computer and cash register, as well as Godwin and the cannabis cookie-selling second employee.
Godwin is a prominent marijuana activist and no stranger to the Hamilton police, who have made at least 200 visits to his shop since it opened 18 months ago. The shop sells seeds, bongs, and pipes, and allows smoking (or vaporizing) in a lounge on the premises. At least 30 Up in Smoke customers have been charged with marijuana possession as a result of those police visits.
But charging Godwin and his employee with drug trafficking offenses takes things to a whole new level. While police characterized the bust as a local operation, it comes during a week where the Conservative government has been taking pains to talk tough on drugs.
In an interview with the Ottawa Sun, new Justice Minister Vic Toewes called for mandatory minimum prison sentences for violent criminals and some drug offenders, complaining that monitoring people on probation or parole is a "very expensive proposition." A few days later, his spokesman, Mike Storeshaw, made it clear that the Conservative government would not move to decriminalize marijuana, as the Liberals had tried for the last several years. "It is a short answer and the answer is no," he responded to a question. "We have no plans to bring any bill forward."
Last week, Prime Minister Harper used the occasion of the anniversary of the Mayerthorpe massacre, where four Mounties were killed in a shootout over stolen property but marijuana growing was widely blamed because the shooter had a small garden, to hammer home his party's law and order theme. "Our government is committed to ensuring the safety of Canada's communities," Harper orated. "Specifically, that means making sure that those who break the law will face the appropriate punishment, and providing law enforcement agencies with the legislative tools and financial resources they need to protect Canadians. We will do our best to ensure that tragedies similar to the one which unfolded near Mayerthorpe last year will never happen again." Up in Smoke was open for business again Thursday, but given the chill coming from Ottawa, Godwin and all the rest of Canada's thriving cannabis trade entrepreneurs must be beginning to wonder what will come next.

[motorhead]

CN ON: Keep Marching, Pot Crusader Says
by Daniel Nolan, (10 Mar 2006) Hamilton Spectator Ontario
B.C.'S Emery Says Protests Must Go On Despite Arrests At Hamilton Cafe

Pot crusader Marc Emery says fellow activists shouldn't abandon the battle to legalize marijuana even though the owner of Hamilton's pot cafe has been charged with trafficking.

"We have to keep protesting and keep marching," Emery told about 50 people who marched to the downtown police station yesterday afternoon in the wake of Chris Goodwin's arrest.

"They are trying to wipe out our movement," the founder of the B.C. Marijuana Party said over a phone linkup from his home in Vancouver, where he is fighting extradition to the United States to face drug charges for selling pot seeds through the mail. "They're trying to intimidate us out of business."

Goodwin, owner of the Up In Smoke cafe, was arrested Wednesday and charged with possession and possession for the purpose of trafficking.

It's his latest run-in with Hamilton police, who he says have visited his business more than 300 times since he opened it in August 2004 on King Street East.

The former Liberal government talked of decriminalizing possession of small amounts of pot, but the new Conservative government rejects that position and has promised mandatory minimum jail time and large fines for serious drug offenders and a crackdown on pot growers.

Sergeant Michael Webber says police visited the downtown cafe in response to complaints from the public. A plainclothes officer saw three men passing a joint and arrested them.

Webber said officers later returned to the cafe and seized such items as a marijuana grinder, plastic bags, pipes and edible marijuana products.

A woman in the cafe was arrested and charged with similar offences to Goodwin.

Protesters marched to the station because they say Goodwin has not been released. Staff Sergeant Ray Rikic said last night Goodwin is not behind bars at the central station. He is believed to be in the Hamilton-Wentworth Detention Centre.

"Free Chris Goodwin," the crowd chanted. At least one person passed around a joint.

[qwert12]

I am a 17 year old honour roll student. I have never been charged with anything before, and have a healthy relationship with both of my parents. I have a job and will be going to university next year. I am white and average looking. And I smoke pot daily.

On Friday April 21, me and 2 of my friends went to the Up in Smoke cafe in Hamilton, Ontario in hopes of buying a vaporizer. After about 20 minutes in there, police bust inside and draw guns, telling everyone to get down on the ground claiming they have warrants. Everyone is searched, and 0.3 grams OR LESS is found on my person. The officer proceeds to charge me and I will be in court on May 19th.

FUCK THE POLICE

[Alfa]

.3 grams or less isn't even enough for a joint.

Here is the full story:
Hamilton Cops Use Brute Force in Up In Smoke Cafe Raid

by Marc Emery (21 Apr, 2006) Police Angry & Abusive in Post 4/20 Raid


At 5.00 p.m. today Hamilton police stormed into the Up In Smoke Cafe when it was packed with over 30 patrons & Staff. Five uniformed cops, 3 forensic uniformed police, 7 swat police brandishing drawn tasers, guns stormed into the #1 activist centre in Ontario, Canada.

Police ordered all people to lie on the floor. Many people had to lie on other bodies. Police booted many patrons in the head, neck and back in order to force compliance. A Cambodian man said he couldn't do it because it was like when his parents had to pretend to be dead in Cambodia during POL POT's murderous regime, or prior to when Cambodians would be executed in mass graves. The Cambodian man was kicked to the floor.

Police came with warrants for John Anderson, Adam Glover and Matt Mernagh. All are being charged with trafficking for giving out joints at Hamilton's popular 4/20 rally. Chris Lawson was arrested in the raid and charged with p;ossession of marijuana and released Friday night at midnight. He was held responsible for marijuana found in Up in Smoke as he was manager at the time. Two American visitors were arrested for possession of marijuana. Activists gave out a pound of pot at City Hall on April 20 to celebrate the international cannabis holiday.

Police are arresting anyone who was videotaped giving out marijuana at yesterdays event, which was infiltrated by undercover cops who got some of the free joints. Police watched yesterdays events. Chris Lawson, one of the 4/20 organizers, yesterday commented on how civilized the police were yesterday.

Witness Mike Truman said today the police were angry and abusive immediately. Guns were drawn and pointed. Police announced they would taser any resistance. All people were forced to lie down, many on top of other people.

Loyal staffer John Anderson is charged with two counts of trafficking ( giving out passing joints at the rally on Thursday), and two counts of possession. Anderson is also charged with accepting the proceeds of crime for the money that was in the Up In Smoke till! Mernagh has two trafficking and two possession charges. Glover has NINE trafficking counts for yesterdays or todays joint dispersal. Their warrant is with them at the Hamilton lock-up. The three arrested were held over night but as of mid-day Saturday, Anderson and Mernagh had been released on $5,000 sureties each! Glover will require $5,000 surety before he is released, which so far has not been forthcoming.

Matt Mernagh, one of the organizers arrested, is a writer for Cannabis Culture Magazine, Now Magazine and many other publications. Police by 6.00 p.m. eastern had 6 people in custody. All other patrons were released. From 5.00 p.m. to 7.00 p.m. , CC was watching police activity in the store through the webcam.
At 8.30 p.m., Goodwin is told police had obtained a warrant for his Up In Smoke Cafe computer. The computer however, has no sensitive correspondence or business data on it. Apparently, according to Goodwin it contains only image files. Later, when Up In Smoke is re-occupied, this terms out to be false and the computer remains in the store.

As of 8.51 p.m. Hamilton time, police begin looting pipes, bongs, vaporizers, smoking supplies as defined under section 462.2 of the Canadian Criminal Code. Bongs and vaporizers and pipes however, are not in the warrant as revealed later when the cafe is re-occupied.

This means the police are now very determined to put Up In Smoke out of business. The Ontario Solicitor-General would have authorized this action in conjunction with the Hamilton Police Chief. The government is determined to stamp out Up In Smoke. There are, after all, 7 other pipe & bong stores in Hamilton and none receive this harassment.

At 11.00 p.m. Police left the Up in Smoke Cafe and BUT REFUSED to hand over a key to the store to anyone but Chris Goodwin. They say Goodwin can pick the key up at the police station.

At 12.30 a.m. the forces of good entered Up in Smoke. Police had been smoking cigarettes in the store. Vaporizers were not all taken but the store Volcano is gone. Pipes and bongs were taken. Rolling papers were not taken. Scales were taken. The Webcam was restored at 12.30 a.m. and Up In Smoke volunteers entered the store to fix things up.

Police took posters off the wall and cannabis leaf flags.

Dana Larsen reported that staff member Adam Glover had an epileptic seizure in the police van and was taken to hospital before being booked in jail.

Police took $4,000 out of the Up In Smoke safe and all the money out of the cash register (maybe $1,000) . Bastards!

Chris Lawson reported that the police were mean to the four in jail. The Americans were released immediately but charged with possession.

Lawson reported police never read him his rights. They refused to show Lawson the warrant when they entered the store, " 'we'll show you later', they told me".

Lawson said police were rough. He did not see any guns or tasers " because I hit the floor right away once the cops told everyone to hit the floor. There was not enough room to lie down because the store was wall to wall packed. Police barged right in, batter rammed the basement door in."

Author Laurence Cherniak (Great Books of Hashish) was there at the time, but released.

Eyewitness Amanda reported to CC Online that police did indeed draw guns.

The warrant that was found in the store after midnight indicated that police had come into the Up In Smoke Cafe on Friday, April 21st and saw joints being passed around and immediately got a warrant and launched a very forceful and rapid response.

Nowhere on the warrant does it permit the seizure of bongs or vaporizers. In fact, the warrant looks for "debts lists to show trafficking", scales, Baggies, and other trafficking paraphernalia.

Next morning, Puff Mama of Clandestiny and Dominic Kramer of THC on Yonge St. brought supplies of bongs and pipes, and sales were brisk throughout the Saturday. Inventory began arriving throughout the day. Seeds were sold as usual. Business was good but Goodwin estimates his losses to the police raid around $15,000.

The rally in Niagara Falls went well despite pouring rain through Ontario much of the day. Four buses of activists went to Niagara Falls for the annual US-Canadian Cannabis Peace Rally at the border city.



---------------------------------------------


Please come to buy something from Up In Smoke Cafe or order online at www.upinsmokecafe.ca. all aspects of their business are still fully operational.

[Sick Jack]

Originally Posted by Alfa

.3 grams or less isn't even enough for a joint.

Sweet Jesus, my dear Alfa, you must be a heavy smoker. 0.3g of indoor weed is enough to make me sleep 2 hours, and I smoke almost daily....

[Pinkavvy]

Swip smokes all day every day, and every meal is laced with THC ... and Alfa is right, .3 grams or less isn't enough for a simple joint session.

It's a really sad state of affairs that this would happen; especially in canada. There are Hempfest ralleys in the northwestern states of the U.S. all spring and summer long and even the U.S. police leave them alone. At the Seattle hempfest last year joints were handed out by many on stage, and there was no retaliation by the police.

Hopefully soon there will be an international smoke out day .... where all stoners will walk in peace to local government buildings all smoking out all over the world. Sure there will be arrests, but they couldn't arrest everybody and when all the jails in the world are filled with stoner activists, perhaps then the people stoners and non will retaliate and force the laws to change. This is just getting all to stupid.

Jah Bless the Peoples Ganja!

[The Doors]

Just shows that police really have nothing better to do. This is so dumb, don't they have bigger and more important things to do then arrest people for having .3g on them?

What angers me even more is that these people were not even bothering anyone, they were most likely just sitting around and smoking a joint while chatting with people... But then again, it was in Hamilton.

[Sick Jack]

Originally Posted by Pinkavvy

Swip smokes all day every day, and every meal is laced with THC ... and Alfa is right, .3 grams or less isn't enough for a simple joint session.

Ok, I can understand that if you smoke daily and that all are meals are laced with THC 0.3 gram isn't enough, but for the average smoker it's already a good fat joint dude ! If I remember correctly, 0.3g is the average amount of weed in pre-rolled joints in Amsterdam.

But anyway, having problems with the cops for such a tiny amount of weed is just scandalous.

[Herbal Remedy]

well, .3g really isnt much, and its not gonna make the most impressive joint. But yesterday swim was on a ride and all he had was a small bowl pack (.3 or less he'd say) so he rolled a tiny little blunt (about 2 1/2 inches long hehe) and it got him ripped no problem... Swim cant really afford to smoke all day everyday but he does tend to find time to smoke once or twice a day no problem. Im sure it will vary from person to person, but id say if you wait till later in the day for your first smoke, .3 or more should have some noticable effects....

[Powder_Reality]

Hamilton Police Raids & Arrests Finally Close Up In Smoke Cafe
by Marc and Jodie Emery (27 Jul, 2006) After survivng police assaults again and again, the Up In Smoke Cafe may finally be done for
Early on Thursday, July 27th, Ontario's Hamilton police raided the Up In Smoke Cafe and seized all merchandise from the popular radical smoke-easy. After arresting employee John Anderson on Tuesday and Chris Goodwin and Stephanie on Wednesday, the police arrested Chris Lawson at the store during the raid on Thursday. Hamilton's police have harassed the Cafe and activists relentlessly since day one.

Thursday's raid ended in the seizure of about $20,000 in inventory: bongs, pipes, vaporizers, and other wares. Shirts, books and magazines were not taken, as they are no longer illegal. Seeds were taken off-site and orders will not be disrupted.

However, after this final raid, the result of a full-out declaration of war on Chris Goodwin and the Up In Smoke Cafe, it's clear that some retreat is needed. There is no way for anyone to constantly survive the abuse that the Hamilton Prohibitionist Police have delivered.

As such, we regretfully announce that it's certainly the end of Up In Smoke Cafe in Hamilton, Ontario, after nearly two glorious years of confrontational activism. Hamilton Police have been fanatical Nazi goons ever since the Cafe opened on the run-down main street in Hamilton, arresting and charging over 50 people in the Cafe for marijuana possession and marijuana distribution in under two years. Police have descended on the store over 200 occasions in 23 months to harass the "never-surrender" activists.

On April 20th 2006, the Hamilton Hash Mob -the nickname of the activists who worked or volunteered at the Up In Smoke Cafe- distributed over one pound of marijuana for free in front of Hamilton City Hall to celebrate the international marijuana holiday 4/20. Hamilton police, who did not interfere with the distribution, filmed this act.

The next day, April 21st, Hamilton police raided the Up In Smoke Cafe and seized all its contents. Goodwin, Spicer, Matt Mernagh, Lawson, and others were charged with numerous possession, trafficking, and paraphernalia offenses and given bail release conditions that forbade most from going to Up In Smoke Cafe and communicating with each other. Volunteers and new employees have kept the store going in the three months since that raid, and up to now.

Goodwin and Spicer were picked up near Toronto airport on Wednesday in breach of their bail conditions: either the one that forbid the two lovers from communicating or being with each other, or the ban on entering the Cafe to work (their only means of survival).

On Thursday morning, Chris Lawson was arrested at the Cafe as he prepared to open the store for business. His bail hearing will be Friday, July 28th.

Chris Goodwin has a bail hearing Friday, July 28th at the Court House on 45 Main Street West in Hamilton. He is currently being held at the Barton Street Lock-up. His charges from the past year are all going to be accumulated to determine a bail amount for his release- his lawyer Peter Boushy believes there's a 50/50 chance of meeting bail. His chances of release are better if he agrees to close the location of Up In Smoke Cafe, as his time would be better spent outside of prison, working on a new activism approach and plan.

John Anderson pled guilty to three charges, and the other seven or so were dropped. He was released Thursday, and returns to court for sentencing on October 12th. The Crown is asking for 4 months, but Boushy - who is representing everyone - is requesting 60 days.

Stephanie Spicer got bail on Thursday after agreeing to plead guilty to pot possession (chocolate), stemming from the April 20th charges.

[Forthesevenlakes]

swim is wondering, was this cafe geared towards medicinal usage? he did not understand from the article, or maybe it was mentioned and swim didn't catch it. and does canada have a national or province-wide policy or policies towards use of medicinal marijuana?

[Powder_Reality]

Here's a report on Chris Lawson's court appearance by a Cannabis Culture Forum user.

Report on Chris Goodwin, Chris Lawson Court Appearances, Friday
by Alison Myrden, from CC forums (28 Jul, 2006) Goodwin in jail until next appearance Wednesday; Lawson released with unjust, unusual bail conditions.

I spent the better part of today at the John Sopinka Court House in Hamilton, Ontario. We arrived first thing and sat until about noon when Chris Goodwin came out. His accumulated charges are: possession of marijuana; breach of recognizance x 2; and two new charges of selling instruments for illegal substances.

Chris had asked the Judge for Bail today but the response was "It would take too long with all of the information needed" and if they started a Bail hearing in front of me, "it would take weeks to complete". Chris will stay in jail over the weekend, and Peter Bouchy will be with him in Court when Chris goes back for Bail on Wednesday.

Chris Lawson's Bail was tough. Levy, the Crown attorney, wanted to make an example out of him BADLY, at first. This was a first offense for Chris Lawson, retired Elementary School Principal, former 7th Day Adventist Priest, retired Taxi cab driver and recovering Cancer patient, but the Crown didn't like it.

Chris spoke of his inability to get a license to smoke marijuana, of his job at the "Up in Smoke Cafe", his position at "Cannabis Culture Magazine" as a paid writer and his love of the plant. The Judge then responded that Chris wasn't going to be allowed to write for Cannabis Culture Magazine anymore.

Bouchy then asked if Chris could live with the conditions so far? Chris in turn answered "yes" and asked that he be able to have someone pick up his things that were left at the Cafe. Levy quickly changes the subject shooting redundant, rhetorical, sophomoric questions at him: "You believe Marijuana should be legal don't you?" "You're addicted aren't you?" "You like the feeling you get!" To which Chris responded "Absolutely not!"

Levy went on to talk about boundaries and the areas Chris is to avoid... The Judge then broke in and stated "We don't need to go further with this! I am well aware of the purpose of the Up in Smoke Cafe. We know this behavior is taking place..."

Chris Lawson was then asked if he had a medical exemption to smoke marijuana. He responded he did not. Levy calls back "If you don't have a card - you can't do it!" Then Chris blurts out "Chris Goodwin says the Up In Smoke Cafe stands for a place to Harness the Cannabis Culture and turn it in to a Political Organization." Levy grumbles something and turns his back...

Levy had a problem with Chris Lawson, as he said Chris Lawson would have been let out a day earlier but supposedly refused to sign the paperwork saying he would stay away from the Cafe. During questioning this came up. Chris stated he did NOT say that and that he lived only doors away from the place he was suppose to avoid, so this condition would be difficult NOT to Breach. Bouchy went on to question Chris Lawson some more.

The Judge commented that he was more than familiar with the "Up in Smoke" and that we "didn't know him". I am sorry I didn't catch his name. Levy went on, "It's your intention to smoke marijuana either way?" Chris responded "I'll let the Courts decide".

"The fact that you don't have an exemption hasn't stopped you?" Levy yelled. Chris responded, he could get it "with a Doctor's signature"...

"You don't like Police because they enforce marijuana Laws? Did you take part in the Up In Smoke rally in April?" Chris answered "Yes I did. It was an act of Civil Disobedience".

Levy retorted "So you don't believe the Law applies to you? Your Activism shows you are not abiding by the Law." The Judge quickly interjects "Why are we arguing philosophical issues?' To which Chris Lawson responded "I don't agree with it but I will have to abide by it."

Chris Lawson's conditions are as follows: No Rallies. Not to go within 200 meters of the "Up in Smoke Cafe". Not to associate with Chris Goodwin, Stephanie Spicer, John Anderson, Adam Glover, Davin Christenson and Matt Mernagh. No drug paraphernalia, marijuana magazines, or marijuana instruments for ANY cannabis related products. Not knowingly allowed on premises where the use, or promotion of cannabis products, is encouraged or permitted.

Chris Lawson received an order for $1,000.00 Bail to be released on his own recognizance. First mistake or Breach, he's back in Jail immediately.

I believe next Court Date for both of these guys is: Wednesday August 2, 2006 9 a.m.

Love and stuff,
Alison

[prescription]

Wow thats pretty rediculous, why would you storm a place like that with guns and tasers? are the police in canada doing anything to bust private growers and sellers or are they mainly targeting the more commercial places like the up in smoke cafe?