A U.S. undercover agent posing as a marijuana seed buyer worked in Canada to secure American criminal charges against Marc Emery, the self-described "Prince of Pot."

The information is revealed on the same day Emery's bail expires and he's supposed to turn himself in to either face extradition to the United States or be released if the justice minister refuses the extradition.

The U.S. undercover operation is described in a briefing memo to Justice Minister Rob Nicholson dated Feb. 10, 2010, and outlines the case against Emery.

The memo said numerous mail order purchases were made by U.S. undercover agents between March 2004 and March 2005 and undercover U.S. Drug Enforcement agent Tracey Mendez was then sent to Vancouver.

The memo said Mendez was under the supervision and working with the approval of Vancouver's police department.

Allegations against Emery include that staff at his Cannabis Culture store in Vancouver counselled Mendez on how to smuggle seeds across the border and how to grow the marijuana.

"It is alleged that (the store employee) told agent Mendez that border inspectors do not conduct strip searches of females, so she should hide the seeds somewhere on her body," the memo stated.

The information was obtained under the federal Access to Information Act by Kirk Tousaw, a lawyer and former Marijuana Party campaign manager.

In addition to his seed-selling business and marijuana paraphernalia store, Emery is the president of the B.C. Marijuana Party.

The documents say Mendez made several deals to purchase marijuana seeds in exchange for cash and that Emery knew she was going to smuggle the seeds over the border.

Emery made a plea deal with U.S. prosecutors last year, agreeing to plead guilty in connection to his seed-selling business in return for five years in prison.

He was originally accused of conspiracy to manufacture and distribute marijuana and money laundering.

Two of his Cannabis Culture employees were also accused, but charges were dropped as part of the plea agreement.

American prosecutors allege through Emery's magazine and website he has sold about 4,000,000 marijuana seeds and that 75 per cent of those went to customers in the United States.

He's been eligible for extradition since early January and has been told that on four hours notice he could be extradited.

"It's kind of a funny limbo that I'm always in," Emery said in an interview.

The minister's memo states the federal government has received more than 2,700 letters about Emery and virtually all of them ask that Nicholson refuse to extradite him.

Emery said he definitely has public support on his side.

"I feel it will be very politically unpopular if (the minister) proceeds with the extradition because, let's say five to seven million Canadian's use marijuana.... I have the support of hundreds of thousands, possibly millions of Canadians."

If he is extradited to the United States, Emery hopes he'll be allowed to return to Canada to serve out his jail sentence.

And if the government isn't interested in bringing him back, Emery said his supporters may react "militantly and vigorously for a sustained period of time."

The pot activist said he has a hard-core group of loyalists surrounding him who will be dogging the justice minister if he's sent to America.

Up until the plea agreement, Emery fought the extradition request for more than four years in the courts.