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Support Us URL: http://www.mapinc.org/drugnews/v09/n017/a05.html

Newshawk: http://www.mapinc.org/images/HolySmoke.jpg

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Pubdate: Mon, 05 Jan 2009

Source: Nelson Daily News (CN BC)

Copyright: 2009 Nelson Daily News

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Details: http://www.mapinc.org/media/288

Author: Timothy Schafer

Note: The newspaper does not have an active website.

Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

Bookmark: http://www.mapinc.org/topics/holy+smoke



JUDGE HANDS DOWN TWO MORE HOLY SMOKE SENTENCES



MARIJUANA: Alan Middlemiss and Kelsey Stratas sentenced to one year in prison; legal team has already started appeal.



The appeal process has begun for the two of the remaining four members of the Holy Smoke Culture Shop convicted of marijuana-related offences.



On January 2 in Nelson Courthouse Holy Smoke co-owner Alan Middlemiss received the same sentence that co-owner Paul DeFelice did in November: one year in jail.



Both men were found guilty of trafficking marijuana from the Holy Smoke Culture Shop on Hendryx Street, Sales associate Kelsey Stratas was also sentenced Friday on the same charge and received eight months in jail.



Both Middlemiss and Stratas had prior records of marijuana-related offences.



The lawyer for the four men convicted at the shop, Don Skogstad, said Middlemiss and Stratas should be released next week from jail in preparation for the appeal.



"The appeal will likely begin in April in Vancouver," he said on Sunday.



Middlemiss and Stratas were initially scheduled to be sentenced before Christmas. Skogstad had requested to have the sentencing held over to January 2 to keep the two men from doing excess time in prison before they're released to await an appeal.



Skogstad said Middlemiss and Stratas have already spent about a week in jail in Nelson.



Middlemiss, DeFelice and Stratas, along with Akka Annis, were each charged with two counts of trafficking cannabis after the Nelson Police Department raided the store on July 15, 2006 and said they found a pound and a half of marijuana and between $8,000 and $9,000 in cash.



When they went to court in April of last year the four men did not deny the charges, but admitted to selling marijuana from the shop as a way to provide a safe, quality product to adults, and to provide easy access to those who use marijuana for medical purposes.



In an effort to show just cause for the marijuana sale, Skogstad brought in witnesses such as recovering drug addicts who stated that marijuana helped them get off hard drugs, people with chronic illnesses who bought pot from the shop to help them deal with their diseases, and ( an ) expert witness who testified about the effects of marijuana on the human body.



They also argued that they initially started selling marijuana out of the store in an effort to stop the drug dealing activities taking place in the community park next to the business.



DeFelice and Annis have already served some of their sentences and have been released pending an appeal.



Annis, a first time offender, received 40 days served on weekends in the local lockup, while DeFelice was sentenced to a year in a federal prison for his offence - a prior marijuana conviction being an aggravating circumstance.

MAP posted-by: Larry Seguin



