Canada: Nelson, British Columbia, Head Shop Busted for Marijuana Sales

[Thirdedge]

7/21/06
http://stopthedrugwar.org/chronicle/...ana-bust.shtml

The Holy Smoke Culture Shop and Psyche-Deli in Nelson, British Columbia, was busted Saturday night and one of the owners, Paul DeFelice, was jailed on marijuana and psilocybin distribution charges. The landmark head shop at the far end of downtown Nelson's Baker Street has been selling marijuana to adult customers for at least a year.

As a Nelson resident for much of the past four years, this writer has been aware of the services and products offered at Holy Smoke, but has not published articles about them at their request. The pot sales there have been an open secret, and Nelson police have told DRCNet informally they would rather see it sold there than on the streets and credited Holy Smoke with reducing street level marijuana dealing.

But it was Nelson City Police who raided Holy Smoke on Saturday, and DeFelice told the Nelson Daily News he was not surprised. Since the change in federal government, he said, police have been given marching orders to make "small-time" busts. "It's pretty screwed priorities when there's murders and violence and robberies, home invasions that they make the priority in something where there's no victim and no complainants," said DeFelice.

Still, the bust was "all good," DeFelice said. "The idea is in the long run we want to be left alone because we're not hurting anybody but at the same time, if they want to come after us, plenty of arguments that we want to make in court, plenty of answers to legal questions that I want to hear. I want to hold the powers that be to account," he said. "I want to educate the public, and if they're going to shine a spotlight on me and give me a platform, I'll definitely use it."

Police are promising more arrests, but the Holy Smoke bust is already a symbolic blow to the Nelson area's burgeoning marijuana community and economy. The area and the nearby Slocan Valley are notorious pot-growing zones, and Holy Smoke was purveying local products. While hard numbers are hard to come by, one indication of the size of the local industry is the four marijuana grow equipment shops in Nelson. The Washington-Baltimore metropolitan area has two.

[grandbaby]

Originally Posted by thirdedge

Since the change in federal government, he said, police have been given marching orders to make "small-time" busts.

This is the first evidence i've seen of something I have been suspecting might happen; the Harper government, trying to secure its "tough-on-crime" image, demanding small-time busts (i.e. end-users rather than big importers, harmless organics rather than addictive "hard drugs" etc). Watch for more of this in the future, friends. And remember who your enemies are when election time comes around.

[Thirdedge]

Holy Smoke Bust Mobilizes Interior British Columbia Cannabis Community

7/28/06
http://stopthedrugwar.org/chronicle/...hts_back.shtml

Although the owners of Holy Smoke, the Nelson, British Columbia, head shop and culture center, wouldn't exactly put it this way, the raid on their shop two weeks ago tomorrow is igniting a holy war in the cannabis-friendly Kootenay region of the province. When Nelson city police ended a de facto truce by arresting Holy Smoke co-owner Paul DeFelice for allegedly selling marijuana at the store, Holy Smoke and its supporters started mobilizing to fight back, and they've only just begun.

Just north of the US-Canada border above Spokane, Washington, Nelson, a city of 10,000 located along the shoes of Kootenay Lake's West Arm, is a veritable reefer redoubt. While official figures are naturally impossible to come by, marijuana growing is a major local industry, both in Nelson and in the nearby Slocan Valley. Area youths take it across the mountainous, forested border on foot and by mountain bike, on skis and on snowmobiles, while bigger operations may employ helicopters and sophisticated tracking devices. Area merchants have told DRCNet they know when the crops are coming in because that's when their sales increase.

Holy Smoke is the most visible symbol of the region's cannabis culture, but there are plenty more if one looks, from the hemp shop on downtown Baker Street to the dreadlocked young denizens of the town to the four marijuana grow supply shops -- the small town has twice the number of the entire Washington-Baltimore metropolitan area -- not to mention the smell of sativa and indica smoke washing through the air not infrequently.

The shop, co-owned by DeFelice, Alan Middlemiss, and attorney Dustin Cantwell, has been a center of the region's cannabis culture since it opened in 1996. A year later, Nelson police raided it, but were laughed out of court by a judge who demanded they learn how to properly do searches, and since then they have largely left the place alone. Even as whispers that marijuana was being sold from the store spread within the community, police failed to act. In fact, Nelson police told DRCNet off the record earlier this year that they believed selling at the shop had made street dealers scarce. If so, that has all changed now.

DRCNet attempted to speak with Nelson police this week, to no avail. The officer in charge of the raid, Sgt. Steve Bank, curiously warned that more arrests were coming, then went on vacation, and no one else at the department wanted to talk about the raid.

With DeFelice facing possible prison time for alleged marijuana sales -- something Holy Smoke is careful to neither confirm nor deny given the parlous legal situation -- and police threatening more busts in the near future, the shop and its supporters are rallying around the cause. "We are preparing to take a 'lowest law enforcement priority' measure to the city council," said Middlemiss, "and we are taking to the streets."

At the same time six Nelson police officers were raiding Holy Smoke and arresting DeFelice, a 15-year-old girl was dosed with Rohypnol and raped, Middlemiss said. "If the police had their priorities straight, that might not have happened."

Holy Smoke and its supporters will tap into the Nelson area's long traditions of nonviolent protest and counterculture activism, he said. "Nelson has a long and glorious history of nonviolent action, from the First Nations to the Doukhobors [a Russian sect that emigrated to the region a century ago] to the draft dodgers, even the Japanese who were interned in camps near here in World War II organized and protested. We have a rebellious nature here, but we've been lulled into complacency," he told DRCNet.

The Kootenay region cannabis nation will hold a mass march and protest in Nelson on August 5. "I think there is huge support for responsible marijuana use around here, for reordering police priorities, for making adult marijuana use the lowest priority," said Middlemiss. "But we need to be consolidating, we need a really large march, and we're hoping people will literally come out of the hemp woodwork for it. This will be a massive pro-marijuana rally, not a smoke-in, and we are expecting mass support," he said.

"Look, our community has had enough of US choppers flying around looking for a benign herb, we've had enough of illegal DEA operations in our country, we've had enough of wasting our tax dollars on nonviolent drug offenses," Middlemiss continued. "We want to get to the bottom of our drug problems, but the police are the worst way of going about it."

Support for Holy Smoke and marijuana legalization is not limited to the dreadlocked set. "Our supporters include bus drivers, janitors, mothers, lawyers, dentists. The chamber of commerce and local businesses will support us at the city council," said Middlemiss. "Heck, the chamber has even asked us to advertise because they get so many people coming to town and asking them how to find us."

With similar attacks on another cannabis cafe, Hamilton's Up in Smoke, and a new conservative national government rumbling ominously about toughening the marijuana laws, the Holy Smoke folks are feeling like they may be pawns in a larger, more sinister game. "The conservatives want to stifle the alternative culture, but here in Nelson, it is part of the fabric of the city and every business in town depends on the cannabis economy. We are wondering if the marching orders are coming from Washington," Middlemiss said.

"I think this is part of some sort of joint DEA-Canadian justice ministry operation," said Holy Smoke co-owner Dustin Cantwell. "The orders for this must have come from on high. The conservatives who came to power with Prime Minister Harper and his gang are embracing the American agenda, and they're starting with folks like us who stick out of the water. But we're the tip of the iceberg. Below the water line is our mass base."

Holy Smoke is still open and still smoking, both indoors in its smoking room and outdoors on the nearby public land turned into a mini-park by local cannabis consumers who enjoy looking across the lake at Elephant Mountain as they toke. And it remains headquarters both for the local cannabis community and the upcoming protests. Contact them via the web site if you want to help.