By Marc Emery – Thursday, February 27 2014
CANNABIS CULTURE – Since the 20th anniversary of my activism in British Columbia is approaching on April 11th, I thought I would write a series of blogs about my early years, when there was no movement, no legal medical marijuana anywhere, books and magazines about cannabis were banned in Canada – in essence, there was nothing. Over the next few months I’ll tell you about great moments in my life where I contributed to the marijuana movement and helped changed several laws.
My history is packed with well-documented campaigns and pivotal moments. It includes the day in August 1996 when Dennis Peron was was with me in Vancouver for a large rally in historic Gastown, occupying the intersection that, 25 years earlier, had been the scene of the "Grasstown Police Riot" (where cops attacked and injured dozens of peaceful pot advocates and innocent bystanders), and his pioneering medical cannabis building in San Francisco was raided. I encouraged him to make a phone speech rallying his supporters to not back down – the after-effect of which really pushed the California voters in favour of Proposition 215.
Other significant events include my times with Jack Herer in the very early days (1991); selling banned marijuana books and magazines door-to-door in early 1994 to establish myself in Vancouver (after doing the same in Ontario years earlier, to challenge the laws prohibiting marijuana literature); producing the first issue of The Marijuana & Hemp Newsletter in 1994, which became Cannabis Canada magazine a year later, then Cannabis Culture in 1998; how I was inspired in November 1994 to "Overgrow the Government" by funding activism through seed sales; publishing my 1995 article "How To Open Your Own Hemp Store" that kickstarted a revolution across Canada (and continues to this day); underwriting the early days of the Marijuana Policy Project (1998); contributing to the success of the medical marijuana initiative in Washington DC (1998), Colorado and Arizona (2000); my role in making medical marijuana legal in Canada (1999); creating Pot TV, the first online cannabis video website in the world, with its construction beginning on January 1, 2000; going to the Canadian Supreme Court to legalize pot in December 2003 (and the ten years of court battles leading to that); and stories of how my many adversaries who once persecuted and prosecuted me became activist anti-prohibitionists, including Vancouver Mayors Philip Owen and Larry Campbell, Vancouver ‘GrowBusters’ chief Kash Heed, and Washington State District Attorney (and my prosecutor) John McKay.
Some great history reviews lay ahead, in this, the 20th anniversary year of Cannabis Culture and the retail-activist revolution that is now growing everywhere. I should start with my early efforts in my hometown of London, Ontario.
In 1990 I had a radio show at the University of Western Ontario’s CHRW-FM called "Radio Free Speech: Revolution Thru Rock N’ Rap" and I loved playing the Dead Kennedy’s and the spoken-word albums of lead singer Jello Biafra. When his 1990 spoken word album "I Blow Minds for a Living" came out, I decided to have a Jello Biafra spoken-word performance at Centennial Hall (Dufferin Ave by Victoria Park). We sold 450 tickets to cover the cost of Centennial Hall and Jello’s $3,000 fee. As part of the contract, he was obligated to go on CHRW with me for a special 3-hour show the next day (Saturday), which was a highlight of my 18-month London radio career before I was fired in 1991 for criticizing the station’s lame newscast.
In this new album and at his Centennial Hall performance, Jello did as segment called "Grow More Pot", wherein, though not a pot smoker himself, he urged the audience to grow more pot based on his reading and recommending the (seminal) work of the then-ascendant hemp movement, "The Emperor Wears No Clothes". It was a book by Jack Herer – and it was banned in Canada!
Nowhere in Canada was this book offered for sale (and remember, this was before Amazon.com and the internet existed!) and I found out that the federal government of Canada had prohibited all books and magazines that spoke honestly of marijuana. Since I had a bookstore in London, the City Lights Bookshop on Richmond Street (now owned and operated since July 1992 by then-employees Jim & Teresa), I decided I would get this book and challenge the ban by selling it at City Lights.
After some cursory research, I found that everything to do with marijuana was illegal in Canada since an act of Parliament in 1987 had banned all books, magazines, pipes, bongs, video – all and anything to do with marijuana culture was prohibited under section 462.2 of the Canadian criminal code. Since 1987, over 500 shops selling bongs, pipes, High Times magazine, etc. had been shut down, and now in 1991 there were no longer any head shops (as they were called then), nor was High Times available on any newsstand in Canada! Penalties for a first-time conviction for selling books like "The Emperor" or magazines like High Times, or bongs and pipes, included a fine of up to $100,000 and/or up to six months in jail for a first offense, and up to $300,000 for a second offense!
So I bought an ad in the daily London Free Press newspaper and announced that I would be selling the banned Jack Herer book to get arrested and go to court to challenge this law.
I sold over 100 copies of "The Emperor", but got no charge by police, nor was I raided. As a historical note, I had already been arrested and charged in previous attempts to change laws regarding Ontario’s Sunday-shopping prohibition (1986), and the province’s ban on explicit rap music (1990), so this was a technique that I had had good success with, up until this time. So I decided to go a little further and smuggled in hundreds of copies of every available marijuana grow guide, dozens of copies of back-issues of High Times, every copy of The Freak Brothers comics, all in huge quantities.
When we bought an ad in the London Free Press announcing this massive sale of over fifty different books and magazines – more than one thousand individual copies – I had over 150 people lined up outside the doors of City Lights at the 10:00am opening. Still, no police raid or arrest.
So I brought Jack Herer to town, to autograph copies of the book, and bought more ads flouting the law. Still… no arrest or charge. Then I flew in Ed Rosenthal to autograph copies of his books; Steve Hager (editor of High Times) for a special celebration dinner at the City-owned London Art Gallery, where over 100 people paid to attend; Paul Mavrides, writer and artist of the Freak Brothers, to autograph his comics.
I even gave away 300 copies of High Times to 300 people in front of the London police headquarters in February 1992 (since they law said ‘distributing’ any book or magazine was illegal, not just the selling of them) to force the London police to charge me. But they didn’t! So while I may not have had my day in court then to make marijuana literature legal, by having the law overturned, I did succeed at bringing important cannabis and hemp information into Canada when we had nothing available at all.
In 1994 I moved to Vancouver, and continued selling banned books and magazines on what became a huge scale. It was the cornerstone to getting established in my new West Coast base of operations; by June 1995, I was distributing 2,000 copies of High Times every month.
In the autumn of 1994, my friend Umberto Iorfida of Canada NORML was charged by Toronto police for handing out pamphlets to students at a high school where undercover narcs had entrapped teens by asking for marijuana. I undertook to finance his defense, and in July 1995, with lawyer Alan Young, Umberto and I got the aspect of the 462.2 law regarding media (books, magazines, video) struck down by Judge Ellen McDonald, in the Ontario Superior Court. This law, by the way, is still in the criminal code, because it was not overturned in the Canadian Supreme Court, but since the Ontario Crown did not appeal the Superior Court decision, the decision stands as law in Ontario.
That having been said, over the years, I have traveled to places that tried to ban my Cannabis Culture Magazine or High Times, like in Timmins, Ontario in 1999. The police went to convenience stores and told them that selling those magazines was illegal, and they’d have to stop. So I bought a half-page ad in the Timmins newspaper and went there to hand out 300 copies of my publication, Cannabis Culture Magazine, for several hours in front of the Timmins police station, daring them to try to charge me under 462.2. We ended up having an hours-long smoke-fest and street party in front of the police station. Media from all over Ontario covered that event, and Timmins police never tried that again.
In my peaceful civil disobedience regarding marijuana laws, I have been arrested 28 times in Canada, and jailed 22 times, in British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia and Newfoundland, and this one very long stint in federal prison in these United States (where, as most people know, I did not travel to or spend any time as a seed seller).
I regard all of this as punishment for my political activities, as all of them were acts done under clearly-political auspices, and most – if not all – are unique in North America, Canada, or the USA. For example, I have been arrested and convicted in Vancouver of giving away one gram of hash (the witness was brought 2,000 miles from the United States to testify against me for one gram I gave him, for free, at my Cannabis Cafe in 1997); arrested and convicted for promoting vaporizers, a charge I can hardly believe exists; arrested and convicted for selling seeds (to my knowledge, no other Canadian has ever been convicted of selling just seeds); and arrested and convicted (and sentenced to three months in prison!) for passing one joint in Saskatoon, Saskatchewan, at a rally after my speech at University of Saskatchewan in 2004 (although no joint or pot was ever produced to prove their charge, merely a 22-year-old witness’ claim, upon police inquiry, that I passed him a joint).
I was arrested and jailed six times on my 2003 Summer of Legalization Tour across Canada, which was a campaign to demonstrate that the marijuana prohibition laws were of no force and effect due to a court ruling in Ontario (click here to see archive coverage on Pot TV and Cannabis Culture). To challenge the law nationwife, I promoted a tour where I smoked a bong or one-ounce joint in front of police station headquarters in every major city in Canada – eighteen stops in nine provinces – and on Parliament Hill in Ottawa in front of a huge RCMP phalanx. In those six arrests in Alberta (Calgary and Edmonton), Saskatchewan, Manitoba, Newfoundland, and New Brunswick, I was charged, but my charges – and charges against many Canadians – were later dropped when the Ontario Court of Appeal ruled in October 2003 that there was, in fact, no valid marijuana possession law in effect in Canada from 2001 to 2003 (it was reinstated by that court at the time, unfortunately).
I was not arrested during the other 12 stops that tour, in cities in British Columbia, Ontario, Prince Edward Island and Nova Scotia. I was also not arrested when I led a march in 2002 in Montreal at the Quebec Cannabis Cup after Montreal police arrested the organizer. I quickly responded with a bellicose protest immediately, took over the streets en route, and had a very confrontational conflict with riot-clad Montreal cops at the police station. I was also not arrested in my numerous attempts to get charged for selling banned marijuana literature in London, Ontario or Vancouver.
So whereas I have been arrested 28 times, jailed 22 times, and convicted on about ten of those arrests since 1990 to 2010, I have also attempted to get arrested – or risked getting arrested – well over 45 times, all related to fighting against marijuana prohibition or promoting cannabis culture.
And you ain’t heard nothin’ yet!
If you’re interested in seeing more about Marc’s earliest freedom activist causes and campaigns, watch the 1992 documentary "Messing Up The System" by the late Chris Doty (one hour), the 2006 CBC documentary "Prince of Pot: The US vs. Marc Emery" by Nick Wilson (one hour), and the thorough multi-part 2010 documentary "The Principle of Pot" by Paul McKeever (four hours).