The U.S. is seeking the extradition of Emery, the leader of the B.C. Marijuana Party.
He was indicted by a grand jury in the U.S. and faces a minimum of 10 years in jail for the drug charges.
Associate Chief Justice Patrick Dohm allowed Emery to go free on $50,000 bail.
He said Emery can continue his political work for the B.C. Marijuana Party, which is fighting for legalization of pot.
Emery will also be allowed to continue running his bookstore, where he allegedly sold pot seeds, and can resume operations at his Cannabis Culture magazine.
His lawyer John Conroy said the case against Emery is unfair because Canadian police have never charged him while he openly sold seeds for nine years.
"Even Health Canada was directing people to online websites like Mr. Emery's to buy seeds. And now they're helping the Americans," he said at a news conference outside the court.
Emery and two others are accused by the U.S. of conspiracy to manufacture marijuana, conspiracy to distribute marijuana seeds and conspiracy to engage in money laundering.