Emery partaking of a rare strain called "One Last Hurrah."
UPDATE: Marc Emery has been transferred into U.S. custody. Details after the jump.
Canadian Justice Minister Robert Nichols ordered Marc Emery extradited to the U.S. on Monday. The self-proclaimed "Prince of Pot" brokered a deal with the U.S. Department of Justice last year that would have him plead guilty to selling seeds of B.C. bud through the mail. In exchange, he was promised a five year sentence.
But there's a last ditch effort underway to keep Emery on the Canadian side of the border. A quirk in the Canuck's judicial system allows any private citizen to bring criminal charges against another.
Thus did British Columbia resident Patrick Roberts file conspiracy charges against Emery. But according to his lawyer, Roberts' motivations aren't what you might think.
Gary Botting says that his client filed charges to protect the sovereignty of the Canadian judicial system, not sympathy for Emery or any other marijuana advocate. "He's concerned that in so many of these cases, officials in Ottawa defer to the U.S. to prosecute people that should be tried in Canadian courts by Canadians," explains Botting.
Emery hasn't exactly embraced the effort. According to Botting, doing so might jeopardize his plea agreement. Reached today amidst a sit-in protest within the offices of Canadian Prime Minister Stephen Harper, Emery's wife Jodi says that they are aware of the case but, not associated with it. "We'll see how it goes," she says.
As reported by the CBC News, an appeals judge dismissed Roberts' charges last Friday, clearing the way for Emery's extradition. But Botting today filed a motion to have the case heard before a full appeals court.
It's a legal hail-mary. Canadian law is vague on whether criminal cases can be appealed to the full panel of appeals judges, he says. But even if Botting is successful in getting the case heard, Emery could already be in U.S. custody by then. His extradition to Seattle is scheduled for sometime in the next two weeks.
Update: Lawyers for Marc Emery confirm that the 51-year-old cannabis seed magnate was extradited from Canada this morning.
He'll make an initial appearance in a Seattle federal courtroom this afternoon. And unless he has a last minute change of heart, Emery is scheduled to plead guilty on Monday to one count of conspiracy to manufacture marijuana.