Herb School's In Session

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
No matter what your stance on marijuana prohibition, you have to hand it to the pro-legalization crowd: they certainly make Canadian politics more interesting.

This is a movement known for wild, party-like rallies and larger-than-life personalities like the "Prince of Pot," Marc Emery. It is an unusual movement still looking for a clear identity, a group usually espousing don't-tread-on-me libertarian values yet is politically linked to social democrats and environmentalists. It's an often-contradictory movement, one that can often seem confrontational and abrasive to the uninitiated and one that sometimes skirts the line between activism and punch line.

But while Marc Emery revelled in the spotlight of being the Prince of Pot and the Marijuana Party tried to work within the system to achieve decriminalization, a different group of activists were busying themselves in the Downtown Eastside, generating awareness, giving tours and selling art. They had a grassroots approach to their campaign for legalization and from 2004 until a police raid in 2008, the School of Drug War History and Organic Cultivation fought against laws they felt were unjust by educating the public.

The School of Drug War History and Organic Cultivation, known as "The Herb School" to the activists who worked there, was located on the 100-block of East Hastings, right next door to where Insite sits today. The School was started as a place to educate about the politics of the Drug War, educate drug users about harm reduction and safety and to fundraise for pro-legalization events. The School became well-known for their hour-long Tours of Drug War History that presented locations around Downtown Vancouver key to Vancouver's own involvement with the Drug War; opium tunnels under Chinatown, the Marijuana Party bookstore and the site of 1971's Gastown Riots. The by-donations tours were well attended and showed guests from Canada and around the world a side of Vancouver that most Vancouverites might not even know about.

Owen Taylor, 22, was a regular fixture at the School during its four-year existence. To this day, he is still proud of the education and harm reduction work done there.

"It was really a great little community," Taylor told The Other Press. "Everyone was really open with each other, and not one time did we have a violent incident where we needed to call the police."

But the police came anyway. In the summer and fall of 2007, the police who used to walk by with "a nod and a smile" changed their attitude. Taylor described their behaviour as "intimidating" and "aggressive." He recalled one incident where a police officer tried to physically force herself into the Herb School building uninvited and without a warrant.

"They didn't like what we were saying and they didn't like what we stood for," Taylor said of the police. "We would teach about the many, many, many uses of cannabis, not just medical but social, economic uses... They basically just wanted to shut us up."

Perhaps the Herb School was something of an easy target for the police. Unlike the upscale bong shops like Puff's and Cottonmouth Smoke Shop that Taylor says "don't stand for shit," the Herb School was visible. They had an agenda. They held rallies. They wore vests that said "More Dead Cops." And on February 20th, 2008, it all came to a head.

The Vancouver Police Department executed a search warrant for the premises, and arrested five men who were at the School at the time: Owen Taylor, Adam Walker, Martin Milner, James Cunningham and David Malmo-Levine. The police also found a small scale, several empty baggies and $60 worth of marijuana. The five were held by the VPD overnight and charged with a variety of offences, including trafficking.

One of the arrested, David Malmo-Levine, 37, is no stranger to the heavy hand of the law. In 2003, Malmo-Levine went before the Supreme Court of Canada after his "Harm Reduction Club," which distributed marijuana at cost, was raided in 1996. When his case reached the Supreme Court, he challenged the legality of Canada's narcotics laws, arguing that the Constitution only permits the existence of criminal laws that prevent harm, and laws that don't meet this "harm principle" should be struck down. Ultimately, the Court disagreed.

But Malmo-Levine is about to have another chance to present his case about the illegality of marijuana laws in court. He plead guilty to all the charges against the Herb School defendants ( except for a charge of morphine distribution, one he said police "invented" ), and now has a plan to debate the Constitution with the Supreme Court.

For Taylor, however, this means he and the rest of his co-defendants will avoid a potentially risky trial.

"David wanted us all to plead not guilty and fight it," Taylor said, explaining that Malmo-Levine wanted his co-defendants to join him in his challenge of narcotics laws. "[Prosecutors] had this deal; David pleads guilty and the rest of us walk. And he said, 'If any single one of you wants to take this deal, I'll take it...' And I said, 'Please, let's do that,' and I kind of feel shitty about it. It's better for everyone in the long run, but it's not good for his cause."

"He's not a bad guy, he's trying to teach people and help them," Taylor added.

Malmo-Levine revealed his legal strategy in an interview, and to say the least, it seems somewhat roundabout. He plans on citing genocide laws, international treaties, the government's own reports on marijuana legalization and questioning the definition of medical marijuana to get the change he seeks. His sentencing hearing begins May 20th, and he's got hope; he thinks attitudes towards marijuana have changed in the six years since he was on trial.

"Understanding of how harmless [pot] is is becoming more sophisticated, people are getting a better understanding of the facts around the debate," Malmo-Levine said. "I think people are beginning to get an idea of how much it could make in a legal market, which would be bigger than an illegal market."

During our interview, Taylor and I visited the building which used to house the Herb School. It's a small storefront, empty now, typical of any old, run-down building in Chinatown. Taylor hasn't been back here since the raid and visiting drummed up a lot of feelings; pride, hatred, sadness, disappointment, melancholy.

His experience being arrested and facing a trial because of his political beliefs has also made him feel differently about his involvement with marijuana activism. He sees now why a lot of people who may support legalization are often too scared to get involved.

"I'm going to try and be involved as much as I can, but it's hard, right? There's so much coming down on us," he said, describing his disillusionment. "With a system that's this organized, and this precise and this hateful coming down against its own citizens, it's really hard to do anything, let alone be an activist."

"Before the arrests, there was a lot of hope, because all we had to go on was our hope," he said.

Malmo-Levine agreed that the force and threats of force against marijuana activists is a unique and unfortunate facet of their movement.

"Being public about your support of the Gas Tax probably won't endanger your children being taken away from you, or get you in trouble with a parent or get you fired from a job but if you come out in support of marijuana you run that risk," Malmo-Levine said. "This is the biggest war in the world and probably the longest-running and I don't expect them to hand us peace on a silver platter when we snap our fingers. It's a Drug War, not a Drug Ballet, and in war there are victims, and casualties, and struggle, and it's a fucking battle."

[sidebar]

Although the School of Drug War History and Organic Cultivation was closed down in 2008, seminars about the Drug War are held at the Marijuana Party bookstore at 307 West Hastings free of charge. David Malmo-Levine has posted web video at POT-TV Network, and is working on a new video about Barack Obama and his stance on decriminalization.


News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Other Press, The (CN BC Edu)
Copyright: 2009 The Other Press
Contact: opinions@theotherpress.ca
Website: The Other Press
Author: Liam Britten
 
I have so much respect for David and Marc and the people who fight for OUR
freedoms.
I've dealt with police and government before and have no fond memories of either encounter.
 
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