US government officials have described Emery as a
drug dealer for his efforts to sell marijuana seeds in Canada and abroad.
1991 obscenity charges In 1991, Emery was convicted for selling copies of
2 Live Crew's rap CD
As Nasty as They Wanna Be which had been deemed obscene and banned in Ontario. He was given one year's probation, but immediately after sentencing he began selling marijuana-related literature and
High Times magazine, all in violation of Canadian law. Emery invited local police to his store to arrest him, but the police refused to charge him or interfere. He also sponsored visits from marijuana activists including
Ed Rosenthal,
Steven Hager,
Jack Herer and
Paul Mavrides.
1998 conviction Court documents showed that four American Navy undercover agents attempted to buy marijuana and smoke it at the Vancouver Cannabis Cafe in April 1998. The documents showed the
Naval Criminal Investigative Service agents worked in a joint operation with Vancouver police. Emery was convicted on charges of selling marijuana seeds in 1998, and received a $2,000 fine.
2004 trafficking conviction On August 19, 2004, Emery was sentenced to 92 days in jail in Saskatoon, Saskatchewan. Emery had been convicted of trafficking because a witness saw him pass a joint in March 2004. Emery's supporters held an ongoing daily vigil outside the courthouse until he was released. On October 18 he was released from the
Saskatoon correctional centre after serving 61 days of his sentence.
2005 arrest and extradition in December 2016, leading to his arrest. On July 29, 2005, Canadian police, acting on a request from the United States Drug Enforcement Administration (DEA), simultaneously raided the BC Marijuana Party Bookstore and Headquarters in Vancouver and arrested Emery for extradition to the United States outside a storefront in
Lawrencetown,
Nova Scotia. American authorities charged Emery and co-defendants Gregory Keith Williams and Michelle Rainey-Fenkarek with "'Conspiracy to Distribute Marijuana", "Conspiracy to Distribute Marijuana Seeds" and "Conspiracy to Engage in Money Laundering". Even though all the alleged offences occurred in Canada, Canadian police did not lay any charges. The day of Emery's arrest, American DEA Administrator
Karen Tandy made a public statement asserting that the arrest was "a significant blow not only to the marijuana trafficking trade in the U.S. and Canada, but also to the marijuana legalization movement." Emery was freed on a $50,000 bail. , where Emery resided in 2010. Emery and his two associates, all charged in the United States with drug and money laundering offences, each faced a minimum 10-year sentence and the possibility of life imprisonment if convicted there. On January 14, 2008, Emery agreed to a tentative plea-bargain with U.S. authorities. The terms of the agreement were a 5-year prison term to be served in both
Canadian and
U.S. prisons. In return, he demanded the charges against his associates be dropped. On March 27, 2008 the plea-bargain deal collapsed because of the refusal of the Canadian government to approve its side of the arrangement. Emery agreed to plead guilty to one charge of drug distribution and accept a five-year sentence in the USA. During Emery's 45 day incarceration while awaiting
extradition to a US federal prison, his supporters held a continuous vigil outside the prison with tents and banners, ending when Emery was released on bail. On May 10, 2010, Justice Minister
Rob Nicholson signed the order for Emery to surrender to authorities, which he did that same day. On May 20, 2010, Emery was extradited to the United States, pleading guilty on May 24 to one count of conspiracy to manufacture marijuana. On September 10, 2010, Emery was sentenced to 5 years in prison minus time served. While at the
Federal Detention Center in SeaTac,
Washington Emery was locked in a Segregated Housing Unit (SHU) for three weeks as a result of allowing his wife to record a message from him over the phone. On June 30, 2014, Emery announced his pending release in a blog post on the
Cannabis Culture website. On July 9, 2014, he was released, having served just over four years of his five-year sentence having earned 235 days of good conduct credit.
Project Gator Marc and Jodie Emery were again arrested at
Toronto Pearson International Airport on March 8, 2017. He faced 15 charges, including conspiracy to commit an indictable offence, trafficking, possession for the purpose of trafficking, and possession of proceeds of crime. Jodie Emery faced five similar counts. Five dispensaries in Toronto, one in Hamilton, one in Vancouver, and another in Ottawa were raided and shut down. Police seized $250,000 in cash in several different currencies. The police also searched two homes in Toronto, one in Stoney Creek, Ontario, and one in Vancouver that all had ties to Emery's Cannabis Culture franchise. Some of the dispensaries reopened the next day. On March 10, Marc and Jodie were granted bail, with conditions limiting or banning their access to marijuana and Cannabis Culture franchises. After a guilty plea, the couple was convicted of drug-related charges on December 18, 2017, fined and placed on two years probation. The couple had claimed that the operation of pot shops was a form of civil disobedience, but Justice Leslie Chapin ruled as follows: "No doubt there were pro-social motivations that were behind the actions, but at the same time, I have to recognize that much profit was made". ==Non-marijuana activism==