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Pubdate: Wed, 19 Jul 2006 Source: Province, The (CN BC) Copyright: 2006 The Province Contact: http://www.canada.com/theprovince/ Details: http://www.mapinc.org/media/476 Author: Matthew Ramsey NELSON SHOP OWNER BUSTED One of the owners of the Holy Smoke Culture Shop in Nelson is vowing to fight on in his advocacy of marijuana despite new criminal charges laid against him. Paul DeFelice, 48, was busted Saturday on charges of possession and trafficking of pot. "We're going to persevere," DeFelice insisted yesterday. "The show will go on. We're in it to the bitter end." DeFelice, who describes himself as something of a cannabis crusader, said he and the store will vigorously fight the latest charges -- likely arguing that the laws against marijuana are unconstitutional. "I figure I'm on the side of good. I have a full-on calling to defend this plant," he said, extolling the nutritional benefits of cannabis and the plant's ability to absorb carbon dioxide. DeFelice said the 10-year-old store doesn't sell pot, but has a "bring your own bud" area where adult users with photo identification can smoke marijuana. Holy Smoke stopped selling seeds several months ago when police arrested Marc Emery for selling seeds to U.S. customers. Nelson Mayor John Dooley said he supported the police action over the weekend, noting he has heard complaints from city residents and businesses about the operation. "To date, the sale of marijuana is illegal and the use of marijuana is illegal," said the mayor. "The Nelson city police are doing their job." But the shop with the gigantic pot pipe attached to the outside wall was open for business yesterday and the smoke room was up and puffing. DeFelice, however, was released from custody on condition he not go within 50 metres of the 10-year-old business. This isn't Holy Smoke's first run-in with the law. One year after it opened, police raided the establishment. All charges against DeFelice and partners Alan Middlemiss and Dustin Cantwell were later dropped when the judge overseeing the case ruled that police conducted an illegal search. - --- MAP posted-by: Derek