" Marc Emery denied transfer from American prison "

In the same week an Ontario court struck down Canada's marijuana law, "Prince of Pot" Marc Emery was told he won't be allowed a prison transfer and must serve his entire sentence in the U.S.

Kirk Tousaw, a Canadian lawyer for Emery, said authorities told his client in a letter received Friday that the U.S. government refused his transfer request due to the "seriousness of the offence" and "law enforcement concerns."

He received the news in a federal holding institution in Oklahoma while awaiting transfer to a prison in Mississippi.

Emery, who had been imprisoned in Georgia, pleaded guilty Sept. 10 in Seattle to selling marijuana seeds to Americans through his Vancouverbased catalogue company and was sentenced the same day to five years in prison.

Tousaw said he can re-apply for transfer to a Canadian institution again in two years.

Emery's wife Jodie was disheartened. "There's nothing we can do at this point beyond asking for a presidential pardon in the U.S., which I'm going to start campaigning for, actually, because I have to do whatever I can to get Marc home," she said.

"We're both devastated to hear this news. The idea of him spending the next three or four years in the U.S. federal prison system for political activism financed by seed sales -sales that now happen legally across America every day -is sickening and heartbreaking. I'm still in shock. I'm asking everyone who has ever felt Marc's treatment was unjust to get out and vote against the Conservatives on May 2nd to punish them for extraditing Marc in the first place, one year ago on May 10th."

On Monday, Ontario Superior Court Justice Donald Taliano struck down the criminal pot prohibition as unconstitutional because the country's medical marijuana program was inadequate. He suspended his ruling for three months so Ottawa can either fix the problem or face de facto decriminalization.

Tousaw said that with good behaviour it is possible Emery could get out after serving 85 per cent of his sentence.

"This refusal is a terrible affront to the sovereignty of Canada," he said.

"Marc is a target of political persecution that appears to have transcended his conviction and now infects the treaty transfer process. He qualifies under every relevant factor and should have been allowed to serve out his jail term in Canada, close to his wife Jodie and in the country in which all of his activity took place. We call upon Prime Minister [Stephen] Harper and the leaders of the Liberal party and NDP to stand up for this Canadian hero and demand his immediate repatriation."

imulgrew@vancouversun.com

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Marc Emery denied transfer from American prison

'Prince of Pot' serving five years for selling marijuana seeds

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