In the Tinited States District Court Western District Of

1 JTIDGE RICARDO S. MARTINEZ 2

6 IN THE TINITED STATES DISTRICT COURT 1 WESTERN DISTRICT OF WASHINGTON AT SEATTLE B

9 UNITED STATES OF AMERICA,

10 Plaintiff, CRO5-217RSM

11 V. I2 DEFENDANT'S SENTENCING MARC SCOTT EMERY, MEMORANDUM 13 Defendant. t4

15 I. FACTUAL BAGKGROUND. 16 Marc Scott Emery, a Canadian citizen, has for most of his adult life been a political I] activist and proponent of legalizing marijuana. As the president of the BC Marijuana 1B Party, Marc has run for office several times. In furtherance goal 19 of his of legalizing

20 marijuana, Marc was for many years, inter alia, engaged in the sale of marijuana seeds

2I around the world. This was not a business that operated underground, or even in the 22 shadows. On the contrary, Marc openly operated his seed distribution business ("Marc z5 Emery Direct") from a storefront in Vancouver, British Columbia, Canada, as well as over 24 the internet; through telephone sales; direct mail sales; and though other media outlets. 25 Revenue Canada gladly accepted taxes on all of his sales, which were duly 26 reported to the

27 appropriate taxing authorities. Virtually all of the profits from the business went to

DEFENDANT'S SENTENCING MEMORANDUM; RICHARD J. TROBERMAN, P.S CR05-217RSM - I ATTORNEY AT LAW I50I FoURTH AVENUE. SUITE 2I50 SEATTLE. WASHINGTON 9A1O1 -3225 (206) 343-1111 1 funding lawful efforts to legalize marijuana in Canada and the United States through the 2 political process. 3 On May 26,2005, Mr. Emery was charged by indictment in this district. The 4

5 primary offense charged in the indictment was Conspiracy to Manufacture Marijuana in

6 violationof 21 U.s.c. $$841(aX1),841(bXlXA), and 846. onJuly 25,2005, Marc was

a arrested in Halifax, Nova Scotia, Canada on an extradition warrant when the indictment

8 was unsealed. Thereafter, he was transported to Vancouver, B.C., where he was held in 9 custody from August 2, 2005, through August 5, 2005, prior to being released on bond. 10

11 As the extradition proceeding progressed, Mr. Emery attempted to resolve this case II

T2 through discussions with both Canadian authorities and the United States Attorneys Office.

13 In September of 2009, a tentative agreement was reached with the United States, I4 whereupon Marc ceased all efforts to contest his extradition to the United States on this 15 charge. On September 28, 2009, after consenting to extradition, Marc voluntarily entered L6 pre-trial detention custody in Canada, where he remained until November 18, 2009, at I7 which time he was temporarily released pending entry of the final extradition order by the 1B

T9 Canadian Justice Minister.

ZU On May 10, 2010, the final order was entered, and Marc voluntarily returned to

2I custody. He remained in custody in B.C. until May 20, 2010, at which time he was 22 transported to the United States, where he had an initial appearance before this court. 23 On May 24,20L0, Mr. Emery was arraigned on the indictment and, pursuant to 24 Fed.R.Crim.Pro. 1l(cXlXC), entered a guilty plea to a lesser included offense charged 25

26 in Count I of the indictment. Sentencing is scheduled before this Court at 1:30 p.m. on

27 September 10, 2010.

DEFENDANT'S SENTENCING MEMORANDUM: RICHARD J. TROBERMAN, P.S CR05-217RSM - 2 ATTORNEY AT LAW 1501 FoURTH AVENUE. SUITE 2]50 SEATTLE. WASHINGTON 98101 -3225 (206) 343-ltll 1 II. MAXIMUM STATUTORY PENALTY. 2 The maximum statutory penalty for this offense is a term of imprisonment of not 3 less than five (5) years up to forty (40) years; a fine of up to $2,000,000; a period of 4

5 supervised release of not less than four (4) years; and a mandatory penalty assessment of

6 $100.

1 III. OBJECTIONS TO THE PRESENTENCE REPORT.

8 Mr. Emery has no objections to the Presentence Report that affect the guidelines

9 calculation. 10 IV. GUIDELINES OFFENSE LEVEL AND SENTENCING RANGE. 11 We concur with the Probation Office's calculation of the advisory sentencing I2

13 guidelines. That calculation includes a base offense level of 28; a two level upward

L4 adjustment pursuant to U.S.S.G. $2D1.1(bX6) (distribution by means of a computer

15 service); a two level upward adjustment for role pursuant to U.S.S.G. $3B1.1(c); and a 16 three level downward adjustment for acceptance of responsibility pursuant to U.S.S.G. I1 $3E1.1(b). With a Total Offense Level of 29 and Criminal History Category I, the 1B advisory sentencing guidelines range is 87-108 months. 19

20 V. THE PLEA AGREEMENT. 2I The plea agreement in this case was entered into pursuant to Fed.R.Crim.Pro.

22 11(cX1XC). Pursuant to Paragraph 10 of the plea agreement, the parties agreed that a

23 sentence of sixty (60) months was an appropriate disposition of this case. The Probation 24 Office concurs in that recommendation. We urge the Court to accept the agreement and 25 the sentencins recommendation. 26

DEFENDANT'S SENTENCING MEMORANDUM: RICHARD J. TROBERMAN, P.S CR05-217RSM - 3 ATTORNEY AT LAW 1501 FoURTH AVENUE. SU TE 2150 SEATTLE, WASHINGTON 9A1OI-3225 (206) 343-1111 1 VI. SENTENCING FACTORS. 2 In order to uphold the constitutionality of the Sentencing Reform Act, the remedial

decision rnUnited states v. Booker,543 u.S. 220 (2005), severed l8 U.S.C. + 93553(bX1)

5 (the provision making application of the guidelines mandatory) from the SRA. Thus, after

6 Booker, a sentence within the guidelines range may not be necessary to achieve the

Congressionally defined purposes of sentencing. A district court's job is to impose "a a sentence sufficient, but not greater than necessary, to comply with the purposes" of section 9 3553(a)(2). The United States Supreme Court has made clear that reasonableness is the 1n

appellate standard of review in judging whether a district court has 11 accomplished that task.

72 Ritav. United States,551 U.S. 338,127 5.Ct.2456, 168 L.Ed.2d203 (2007). However,

13 the Supreme Court has also rejected the notion that a sentence that amounts to a substantial I4 variance from the Guidelines needs to be justified by extraordinary circumstances, holding 15 instead that appellate courts must review all sentences, both within and without the 16 Guidelines range, under a differential abuse-of-discretion standard. Gall v. United States. L7 552 U.S. 38, t28 S.Cr. 586, 591, t6g L.Ed.zd 445 (2007). l_d

I9 In determining the particular sentence to be imposed, the Court shall consider the

20 nature and circumstances of the offense, and the characteristics of the defendant. The 2T Court shall also consider the need for the sentence (1) to reflect the seriousness of the 22 offense, to promote respect for the law, and to provide just punishment for the offense; 23 (2) to afford adequate deterrence to criminal conduct; (3) to protect the public from further 24 crimes of the defendant; (4) to provide the defendant 25 with needed educational or vocational

26 training, medical care, or other correctional treatment in the most effective manner; and

27 (5) to avoid unwarranted sentence disparities among defendants with similar records who 2B

DEFENDANT'S SENTENCING MEMORANDUM; RICHARD J. TROBERMAN, P.S CR05-217RSM - 4 ATTORNEY AT LAW I50I FOURTH AVENUE. SUITE 2150 SEATTLE, \^'/ASHINGTON 9AI01 3225 (206) 343-r1r1 have been found guilty of similar offenses. Of paramount importance to any sentencing

determination, however, is that all of these factors are subservient to the $3553(a) mandate

to impose a sentence sufficient, but not greater than necessary, to comply with the

statutory purposes of sentencing. And as Rita makes clear, traditional departure analysis

under the guidelines survives post-Booker.

Prior to Booker, many of these factors were largely ignored, because they were

incompatible with the Guidelines. As one Court observed

For example, under $3553(aX1) a sentencing court must 10 consider the "history and characteristics of the defendant. " But under the guidelines, courts are generally forbidden to 11 consider the defendant's age, U.S.S.G. $5H1.1, his t2 education and vocational skills, $5H1.2, his mental and emotional condition, $5H1.3, his physical condition 13 including alcohol or drug dependence, S5H1.4, his employment record, $5H 1.5, his family ties and L4 responsibilities, $5H1.6, his socio-economic status, his civic and 15 $5H1.10, military contributions, 95H1.11, and his lack of guidance as a youth, 95H1.12. The guideline's I6 prohibition of considering these factors cannot be squared with the $3553(a)(1) requirement that the court evaluate the I7 "history and characteristics" of the defendant. The only aspect of a defendant's history that the guidelines permit 1B courts to consider is criminal history. 19 united States v. Ranum, 353 F.Supp.Zd 984 (E.D.Wis. 2005). Following Booker, 20 however, courts must once again consider these factors along with the Guidelines 2I and their policy statements. 22

23 VII. SENTENCING REGOMMENDATION AND APPLICATION OF THE $3553(a) FACTORS TO THIS GASE. 24 As set forth in the plea agreement, and for the reasons set forth below, we submit 25 that a sentence of sixty (60) months would be a sufficient--but not greater than necessary-- 26

27 sentence in this case.

DEF.ENDANT,S SENTENCING MEMORANDUM; RIcHARD J. TRoBERMAN, P.s CR05_217RSM _ 5 ATToRNEY Ar LAW 1501 FoURTH AVENUE. SUITE 2150 SEATTLE. WASHINGTON 981O] -3225 (206) 343-ttll 1 A. Tne NerunE AND ClRcutusraNcEs oF rne OrperusE AND tHe GneRlcrERtsncs 2 oF THE OrrenoeR.

3 1. The Offense.

4 As detailed in the Presentence Report and ParagraphT of the Plea Agreement, from

5 September, 1995, though May, 2005, Marc Emery was engaged in the business of 6 unlawfully selling marijuana seeds. The seeds were sold on a global scale from his 7 business in Vancouver, British Columbia, Canada. As the government observes in its 8

sentencing memorandum, Mr. Emery has admitted that he had sold over 4,000,000 seeds, 9

10 of which approximately 75% were sold to customers in the United States. The

11 government's conclusion, however, that Mr. Emery "literally was responsible for I2 supplying millions of marijuana plants to grow houses in the United States" is both a gross 13 exaggeration as well as factually and legally inaccurate.l Government Memorandum at I4 2. U.S.S.G. S2D1.1, Application Note 17, defines a marijuana "plant" as "an organism 15 having leaves and a readily observable root formation (e.g. T6 a marijuana cutting having

L7 roots, a rootball, or root hairs is a marihuana plant)." Mr. Emery sold marijuana seeds,

1B not marijuana plants. This distinction is not splitting hairs. Rather, it has a significant 19 impact on how the advisory sentencing guidelines are calculated in this case. 20

2T ' It is often said that there are three types of lies: lies, damn lies, and statistics. The 22 government is quick to point out that Mr. Emery admitted to selling over four million marijuana seeds over the course of his business. However, only 757a (3,000,000) of those seeds were sold 23 to customers in the United States. Mr. Emery "guaranteed" a germination rate of 50%. Thus, it could be expected that 1,500,000 seeds sold in the United States would germinate. However, of 24 the seeds that did germinate, approximately one half would be expected to be male plants, and one half would be female plants. Thus, only approximately 750,000 seeds sold in the United States 25 would have germinated as female plants. Male plants are virtually worthless, as they do not flower and bud, which is the portion of the plant that is typically consumed. Consequently, most male 26 plants are destroyed by the growers. Moreover, a substantial number of the female plants would never have reached maturity due to pest infestations and other hazards 27 endemic to marijuana cultivation. The point of this explanation is not to get into a "numbers game" with the 28 government, but merely to show that the figure of 4,000,000 "plants" is a gross exaggeration.

DEFENDANT'S SENTENCING MEMORANDUM; RICHARD J. TROBERMAN, P.S. CR05-217RSM - 6 ATTORNEY AT LAW ]50] FOURTH AVENUE. SU TE 2150 SEATTLE, WASHINGTON 981OI-3225 (206) 343 1111 1 2. Historv and Gharacteristics of the Defendant. 2 Marc Emery is 52 years of age. His background is accurately described in the 3 Presentence Report and no useful purpose will be served by repeating that information. 4

5 Suffice it to say here that for the past 30 years, Marc has been an advocate and political

6 activist for reforming what he perceived as unjust laws in Canada and the United States.

1 His past efforts have resulted in the repeal of Sunday business closing laws in Ontario, and I overturning a Canadian federal ban on marijuana and drug literature. He has also been 9 active (and successful) in promoting reform allowing for the medical use of marijuana in 10 several states in this country. Indeed, as more fully described below, it was largely 11 t2 Marc's political activism that made him a target for law enforcement and that ultimately

13 brings him before this Court for sentencing in this case.

I4 Although well intentioned, Marc now realizes that some of the methods he chose 15 to fund his efforts to repeal prohibitions against marijuana use and cultivation were ill- 16 conceived and ultimately destructive. As Marc notes in his attached letter to the Court I7 (Exhibit A): 18

L9 It was my sincere belief that the prohibitions on cannabis are hurtful to U.S. and Canadian citizens and are contrary to the 20 U.S. and Canadian constitutions. I was, however, overzealous and reckless in pursuing this belief, and acted 27 arrogantly in violation of U.S. federal law. I regret not choosing other methods--legal ones--to goals 22 achieve my of peaceful political reform. 23 Marc was never involved the unlawful distribution of marijuana seeds for personal 24 gain. He funneled virtually all of the profits from the seed business into his political 25

26 activities. While Marc would be the first to say that this does not excuse his unlawful

27 conduct, it does provide the Court with some insight into his motivation and intentions.

DEF'ENDANT'S SENTENCING MEMORANDUM; RICHARD J. TROBERMAN, P.S. CR05-217RSM - 7 ATTORNEY AT LAW I50I FoURTH AVENUE, SUITE 2I5O SEATTLE, WASHINGTON 9A1O1 -3225 (206) 343-1111 1 B. Tne SenrousNESS oF THE Orreruse; PRomollrc Respect ron rne Lnw; 2 It'to Jusr Purutsnruerut.

J To be sure, the offense to which Mr. Emery has pled guilty is a serious offense.

4 But the advisory sentencing guidelines in this case, like all drug sases, are driven by the

5 type and quantity of drugs involved. Moreover, despite the government's claims to the 6 contrary, the prosecution of Marc Emery was clearly and undeniably selective and 7 politically motivated. 8 The government alleges at page 3 its sentencing 9 of memorandum: t_0 The government's case was investigated and prosecuted without regard for Emery's personal politics, his political 11 agenda, or the ways in which he chose to spend the proceeds of his drug crimes. I2

13 With all due respect to the United States Attorney's Office for the Western District of

I4 Washington, and to AUSA Todd Greenberg, who have handled this case with

15 professionalism and integrity, that claim is absurdly naive. The Attorney General's true 16 motive--which was to silence Mr. Emery's political activity--could not be more clear. We I] do not make this claim lightly. One need look no further than the official press release 1B issued by Drug Enforcement Administrator Karen Tandy following Mr. Emery's arrest in 19

ZU July of 2005:

2L Today's.arrest of Marc Scott Emery, publisher of Cannabis Culture Magazine, and founder of a marijuana legalization 22 group, is a significant blow not only to the marijuana trafficking trade in the and Canada, also the 23 U.S. but to marijuana legalization movement. 24 *{<* 25 Hundreds of thousands of dollars of Emery's illicit profits are known to have been channeled to marijuana legalization 26 groups active in the United States and Canada. Drug 27 legalization lobbyists have one less pot of money to rely on.

DEF'ENDANT'S SENTENCING MEMORANDUM: RICHARD J. TROBERMAN, P.S CR05-217RSM - 8 ATTORNEY AT LAW ]5Oi FOURTts AVENUE, SUITE 2I5O SEATTLE. WASHINGTON 9A1O1.3225 {206) 343-1t1! Statement from DEA Administrator Karen P. Tandy, luly 29,2005, a copy of which is 2 attached hereto as Exhibit B (emphasis supplied). 3 When Mr. Emery started his marijuana seed distribution business, not a single state 4

5 had enacted a Compassionate Use (medical marijuana) law. By July of 2005, all of

6 Canada and ten states in the United States had passed such laws, either by ballot measures

a or by legislative enactments. As of today, a total of 14 states, plus the District of e Columbia, have enacted medical marijuana laws, and a ballot measure for the complete 9 legalization of marijuana is pending in Catifornia.2 Between 1995 and 2005, Mr. Emery 10 donated several million dollars to various groups to use in their lawful efforts to legalize 11

T2 marijuana through the legitimate political process. Apparently, that was too much for the

13 DEA to tolerate. This is evidenced by the high priority the Attorney General placed on

74 prosecuting Mr. Emery. Quoting again from DEA Administrator Tandy's press release: 15 Emery and his organization had been designated as one of L6 the Attorney General's most wanted international drug trafficking organizational targets -- one of onllz 46 in the I7 world. and the only one from Canada.

1B Tandy Statement, July 29,2005. 19 Ms. Tandy's statement is either gross hyperbole, or reflects a shocking 20 acknowledgement of totally misplaced priorities within the Drug Enforcement 2L Administration. Marc Emery 22 and his two employees--both of whom are co-defendants in z5 this case, and each of whom received sentences of probation--were, according to the

24 Attorney General of the United States, one of the 46 most wanted "international drug 25

26 2 Alaska (1998), California (1996), Colorado (2000), Hawaii (2000), Maine (l9gg), Michigan (2008), Montana (2004), Nevada (2000), New (2010), (2007), 27 Jersey New Mexico Oregon (1998), Rhode Island (2006), Vermont (2004), Washington (1998), Districr of Columbia (2010). 28

DEFENDANT'S SENTENCING MEMORANDUM: RICHARD J, TROBERMAN, P.S CR05-217RSM - 9 ATTORNEY AT LAW I501 FoURTH AVENUE. SUITE 2150 SEATTLE, WASHINGTON 9EIO] 3225 (206) 343-tlll l_ trafficking organizations" on the planet, and the only such wanted organization in 2 Canada!3 How can this claim make sense? It is well documented that numerous Canadian 3 drug trafficking organizations are responsible for importing tons of marijuana, hundreds 4

5 of thousands of ecstasy tablets, and multiple kilograms of methamphetamine into the

6 United States on a weekly basis. Likewise, these organizations are responsible for

exporting from the United States into Canada hundreds of kilograms of cocaine per month.

B Certainly, this court has seen its share of defendants who are members of such 9 organizations. Yet, according to the then head of the Drug Enforcement Administration, 10 only Marc Emery was on the list of most wanted drug trafficking organizations in Canada. 11

T2 And he was also part of one of only 45 such wanted organizations in the entire rest of the

13 world. If placement on that list was truly based on Mr. Emery's unlawful seed

74 distribution business rather than his political activities, what does that say about our 15 nation's law enforcement priorities in the "war on drugs"? I6 Even a dispassionate comparison of Mr. Emery's conduct with comparable I7 businesses operating at the time belies the government's assertions about the scope of 18

19 Marc's business. When Marc Emery was charged in this case, there were dozens, if not

20 hundreds, of others selling marijuana seeds on the internet into the United States, many

2L with equal or greater sales volume. Even today, there are hundreds of people openly 22 selling marijuana seeds over the internet. See Google Search, September 2,2010, attached 23 hereto as Exhibit C. z+

26 3 Each of the co-defendants received sentences of 24 months probation. The government's sentencing memorandum recommending probation for each included the following 27 justification: "Fourth, a probationary sentence is appropriate in light of the nature and 28 circumstances of the offense." Government's Sentencing Memorandum at 3 (emphasis supplied).

DEF'ENDANT'S SENTENCING MEMORANDUM; RICHARD J. TROBERMAN, P.5 CR05-217RSM - 10 ATTORNEY AT LAW 150] FOURTH AVENUE. 5U TE 2]50 SEATTLE, WASHINGTON 9A]O] -3225 1206) 343-1111 f The only thing that makes Mr. Emery unique or different from most of these other 2 seed sellers is that Marc donated his proceeds to help fund lawful marijuana legalization 3 efforts throughout the United States and Canada. On this record, no one can (or should) 4

5 take the government seriously when it claims that this case was not politically motivated.

6 Of course, none of this excuses Mr. Emery's unlawful conduct, nor does Marc offer it as

a an excuse. It does, however, help to put both the offense and the prosecution of this case

U in proper perspective. 9 C. Tne Neeo FoR THE Serureuce ro ArroRo Aoeeunre DereRReruce ro 10 GRttrrttunl Gottoucr.

11 We submit that a five year prison sentence will serve as an adequate deterrent. It t2 is unlikely that others will be inclined to engage in this type of conduct if they realize that t< the consequences for such conduct will include such a lengthy prison term. T4 D. Tne Neeo ro Pnorecr rHE Pueltc Fnou FuRrneR Gntues ey Mn. EueRv. 15 Mr. Emery has learned a costly lesson as result involvement 16 a of his in this

L7 offense. He has never before been incarcerated for a substantial period of time. Based

1B on the responsible way he has responded to these charges, there is no reason to believe

T9 that he will again engage in illegal conduct. 20 E. Tne Neeo ro PRovroe rne DereruDANT wrrH ReourReo Meotcel Gane. 2I There are no siqnificant medical issues in this case. 22 F. THe Neeo ro Avoro UnwnRRllrreo SerureNclNc Drspnnlry. 23 As previously discussed, Michelle Rainey and Gregory Williams, who were 24

25 employees of Mr. Emery, each received sentences of two years probation. We recognize,

26 however, that their mitigating roles justify a reduced sentence in this case.

27 z6

DEFENDANT'S SENTENCING MEMORANDUM: RICHARD J. TROBERMAN, P.5 CR05-217RSM - 11 ATTORNEY AT LAW ]50] FoURTH AVENUE. S! TE 2150 SEATTLE. WASHINGTON 98]01-3225 (206) 343-1111 1 vill. coNcLustoN. 2 We respectfully submit that under all of the facts and circumstances of this case, 3

and for all of the reasons hereinabove set forth, a sentence of sixty (60) months is a 4

5 sufficient, but not greater than necessary, sentence. We ask the Court to recommend

6 placement at FCI Lompoc, California in order to facilitate continued visitation with his

wife.

d DATED this -ir: day of September, 2010. 9

12 ARDIJ. TROBERMAN

13 Attornev fdr Defendant I4

15 I6

20 2I

DEFENDANT'S SENTENCING MEMORANDUM; RICHARD J. TRABERMAN, P.S CR05-217RSM - 12 ATTORNEY AT LAW 150I FOURTH AVENUE, SUITE 2I50 SEATTLE. WASHINGTON 9A]O1 -3225 (206) 343-rr11 1 CERTIFICATE OF SERVICE 2 I hereby certify that on September t ,20I0,I electronically filed the foregoing 3 "Defendant's Sentencing Memorandum" with the Clerk of Court, using the CM/ECF 4

5 system which will send notification of such fili to the attorneys of record in this case.

a TROBERMAN

13 I4

15 I6

26 2l

DEFENDANT'S SENTENCING MEMORANDUM; RICHARD J. TROBERMAN, P.S. CR05-217RSM - 13 ATTORNEY AT LAW 1501 FOURTH AVENUE. 5U TE 2150 SEATTLE, WASHINGTON 9A]01.3225 (206) 343-111I EXHIBIT A September 1, 2010

The Honorable Ricardo S. Martinez United States District Court Judge 700 Stewart Street Seattle, WA 98101

Re: United Sfafes v. Marc Scoff Emery; CR05-217RSM

Dear Judge Martinez:

Let me begin by apologizing to the Court and again stating that I accept full responsibility for my conduct and blame no one other than myself for my current situation.

I have been an advocate and activist for peaceful civil disobedience to change what I perceived as unjust laws in Canada, where I have lived and done these things, for thirty years. My activities in Canada were successful in repealing the Sunday Closing laws in Ontario (1988) and overturning a Canadian federal ban on marijuana and drug literature (1994).

It was in this spirit that I sold cannabis seeds as a way of raising funds to pay for a wide arrcy of political activity over a ten year period, from 1995 to 2005. During this time, I distributed the profits from the marijuana seed business to hundreds of groups, lobbyists, political parties, court actions, and other legal challenges to existing cannabis prohibitions in the United States and Canada. Some of these actions led to successful outcomes, others did not. I also financed a pioneering drug addiction rehabilitation clinic with proceeds from the seed sales.

Of all the revenue generated by the seed business, I never used any of it to

provide me with personal wealth. I never owned vehicles or real property, nor did I travel for leisure. I also paid all relevant taxes to all levels of government based on the income from the business.. Since 1995, most all of my time has been spent in an effort to repeal marijuana prohibitions.

lhave run foroffice twelve times since 1980. My most recent candidacy was in 2008. I also published the magazine Cannabis Culture for fifteen years with the money it generated. Publication was suspended in 2009 due to my imminent incarceration. My activities have always been transparent and honest, however misguided insofar as flouting the laws of the United States.

It has always been my sincere belief that the prohibitions on cannabis are hurtful to U.S. and Canadian citizens and are contrary to the constitutions of both countries. lwas, however, overzealous and reckless in pursuing this belief, and I acted arrogantly The Honorable Ricardo S. Martinez United States District Court Judge September 1, 2010 Page Two in violation of U.S. federal law. I regret not choosing other methods--legal ones--to achieve my goals of peaceful political reform. I have no one to blame but myself. ln fact, one of my heroes, Mahannes Gandhi, often said that an important principle of civil disobedience is acceptance of punishment by the state without complaint. l, too, accept my punishment without complaint.

ln my zeal I had believed that my actions were wholesome, but my behavior was in fact illegal and set a bad example for others. I have abandoned this method and ideology of disobedience as a necessary part of my rehabilitation. I will not again disobey or recommend that others disobey the laws of the United States. My method and manner of selling marijuana seeds to provide capital for political change was foolish and an affront to the people of the United States, For that I am truly sorry. I accept full responsibility for my actions and am honor bound before this Court to never repeat this mistake again.

Sincerely,

Marc S. Entery EXHIBIT B Page 1 of 1

RUG-1_L-2g,P5 t2:1? P.AL/AL

IJ.S. Deparhncnt of Justice D r u g E t{om ement A dnth htratio n Karcn P, Tandy, AdministrEtor www.dea,gov

Statement Dttcr July 29,2AAs Conhelr DEA Public Affairs Nrrrrber: 202,307 -797 7

$tatement from DEA Administator Karen F. Tandy Maior Narth Americun Martjuana ftalJicker Self-Produiwed "Prince af pot" aka iiarc Scott Emery Anested Taday

DBA "Today's ancst of Marc Scott Emery, publisher of Cannabis Culnre Magaeine, and the founder of a marijuana gmup- Iegalization is a significant blow not only to the manluina tafiicking trade in the u.s. and canada, but also to the marijfana legalizatton movement. His marijuana tade and propagsndist marijuana magaziue have genorated nearly $s rnitlion a yoar in profits that bolstsrud his taJfickiug efforts, but those hsvc gona up in srnoke today.;' organization had been F*tty .*d-tt designatcd as ons of the Attorney ceneral,s most wantgd. intemational drug tafficking organizational targets - one of only 46 iu the world and the only one from Caneda."

"Hundteds of thousands of dollars of Fmery's illicit profits are known to havc bccn cbarureled to legalization gouPs larijuana activc in the tlnited sntE* and Canada. Drug legalization lobbyists now have one less pot of moaey to rely ou,

Ths miasioa of trc Drug Enforcsrtnt Adminicmtion (DEA) is to srforoc &e oonnolled substrnccr hwr snd rcgulations of rhc united Stltm and hing m thc crirninat end.civit justice srsrctrr df th;.U"ir* StU" *ilt*, *.poteot jurisdivrion, rhorc orgnnizrrions growhl ", fl0,,T1?yl,iT:*:A:f-*.flii$9:11"d:1ilhc *'aistriuuri*-or"",i*ri"o *iJu,cce appc*ing in or destined forillieittaffic in rhcunited drateri aad ro t".r"rt"oa*d'-uniL", supo*non-cnr,i"J#ilri"i:"rJ;*Silr:f;ffif,y*tn - availability of illjcit connolled subsb$c€r on dlo domcstic anU ine.nntiinal marlcetr.

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