Portland NORML News - Saturday, August 15, 1998

Weed And Seed (The Cannabis Liberation Society In Eugene, Oregon,
Draws Attention To Upcoming Meetings In Eugene Of A Scary-Sounding
Federally Funded Anti-Crime Group About Which 'Only The Correct People
Have Been Informed')

Date: Sat, 15 Aug 1998 22:46:59 -0700
From: Dan Koozer (dkoozer@pond.net)
Reply-To: dkoozer@pond.net
To: Multiple Recipients of List (drctalk@drcnet.org)
Subject: Weed & Seed
Sender: owner-cannabis-patriots-l@teleport.com

Has anyone heard of a federally funded program titled "Weed & Seed"?

According to a handout I was given today, "Weed & Seed is designed to
attack the entire criminal organization and the violence it spawns from
top to bottom. Law enforcement activities will incorporate progressively
sophisticated techniques utilizing street-sweeps, undercover buys,
street cameras, expanded surveillance, wiretaps and witness protection
and assistance as a means of enhancing the investigation, apprehension
and prosecution of the entire drug organization."

Again, according to the information I received, approximately 10
meetings have taken place over the past 2 months with city officals,
cops, "community leaders", business owners. Only the correct people have
been informed of these meetings and no offical minutes have been taken
of what's been discussed or decided. They have already created 3 working
sub-committies. Their next "public" meetings are;

Enforcement: Aug. 25, 1998, 6 pm, 44 W Broadway, Eugene, Oregon

Prevention: Aug 25, 1998, 11:30am, New Roads, 941 W 7th, Eugene, Oregon

Revitalization: Aug 31, 1998, 5:30pm, The church at 8th & Monroe,
Eugene, Oregon



Dan Koozer, President
Cannabis Liberation Society
PO Box 10957
Eugene, Oregon 97401
Voice Mail & Event Line: (541) 744-5744


From: "Cliff Schaffer" (schaffer@SMARTLINK.NET)
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Subject: RE: Weed & Seed
Date: Sun, 16 Aug 1998 10:19:11 -0700
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org

> -----Original Message-----
> From: owner-drctalk@drcnet.org [mailto:owner-drctalk@drcnet.org]On
> Behalf Of Dan Koozer
> Has anyone heard of a federally funded program titled "Weed & Seed"?

Weed and Seed was created circa 1992-93. The idea was to "weed" out the
undesirables in selected urban areas through massive incarceration, and then
"seed" the area with social programs. As you can probably tell, it was Feel
Good Operation Number 119,853,432. It was presented with a lot of hoopla
here in the LA area, including community meetings of various sorts. I
attended a few of those meetings and the most common reactions among the
audience and participants were 1) general anger with Federal drug policy and
2) large yawns.

I remember it because of the reaction I got from the audience when I spoke
at one of the meetings. As I turned around to leave the microphone, I was
mobbed by people of a decidely darker skin tone than my own -- all of them
wanting to shake my hand and thank me for speaking up. The Federal
participants at the meeting seemed to take note that the reaction to my
speech was noticeably warmer than the reaction to theirs. After that, I
didn't hear very much more about it here in LA.


From: Rgbakan@aol.com
Date: Sun, 16 Aug 1998 13:35:05 EDT
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Subject: RE: Weed & Seed
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org

The project is operational in some cities. Here in Seattle because of the
community counter organizing, a custom project emerged which is largely
support for local cops and education programs and some job programs.

There was lots of opposition to the original plan and the only way Seattle
went for the money was to alter the main ideas.

The projects still operate, but I can't tell you details of timeline. Or
actual dollars.


Proposition 215 Disallowed In Chavez Case (The Long Beach, California
'Press-Telegram' Notes A Second Judge, Frank F. Fasel, Has Thwarted The Will
Of California Voters Regarding Marvin Chavez, Co-Founder Of The Orange County
Patient, Doctor, Nurse Support Group)

Sender: owner-dpfca@drugsense.org
Reply-To: dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/
From: FilmMakerZ@aol.com
Date: Sat, 15 Aug 1998 15:22:12 EDT
Subject: Prop. 215 disallowed in Chavez case
Newshawk: FilmMakerZ@aol.com
Pubdate: Sat, 15 August 1998
Source: Press-Telegram
Contact: speakout@ptconnect.infi.net.
Website: http://www.ptconnect.com/
Author: Joe Segura, Staff Writer

Prop. 215 disallowed in Chavez case

Medicinal pot: Activist to stand trial Aug. 24 on drug-sale charges.

SANTA ANA - A second judge has banned the use of Prop. 215, the medicinal
marijuana initiative, from being argued before a jury in the defense of
activist Marvin Chavez.

Judge Frank F. Fasel said Prop. 215, known as the Compassionate Use Act of
1996, is flawed, but said the state Legislature - and not the jury - should
make the measure workable.

Chavez, the co-founder of the Orange County Patient-Doctor-Nurse Support
Group, will stand trial Aug. 24 on 10 felony drug-sale charges stemming from
his activities with the cannabis club.

The Garden Grove man was arrested in April after allegedly selling marijuana
to an undercover officer posing as a care-giver for a terminally ill uncle.

He says the support group is designed to be a clearinghouse for the seriously
ill who use marijuana medicinally.

The organization, established after the passage of Prop. 215, legalized the
medicinal use of marijuana in the state. There are about 200 members who
reportedly have presented a doctor's recommendation for marijuana use.

Last month, Orange County Superior Court Judge Robert R. Fitzgerald banned the
use of Prop. 215 from the pending trial, but he gave no reasons for his
decision. The case was turned over to Fasel, because Fitzgerald was scheduled
for a three-week vacation.

Although Fasel signaled that he also opposed introducing Prop. 215 into the
Chavez case, he left the door open during Friday's hearing to allow the
attorneys to add verbal arguments to their written briefs.

Defense attorney Jon Alexander said Chavez had received doctors'
recommendations and prescriptions for marijuana for seriously ill patients in
the spirit of Prop. 215. "Prop. 215 is the motivation for what he's done,"
the attorney added.

However, Deputy District Attorney Carl Armbrust said the law limits the
distribution of marijuana to the patient's primary care-giver. Chavez does
not fall into that role in any of the cases he's facing, Armbrust said.

Alexander countered that the law allows for multiple care-givers, arguing that
Chavez should be considered a care-giver "in spirit" since he provided
marijuana only to those who are seriously ill. He added that the jury should
be allowed to determine if that assertion is valid.

However, Fasel was not convinced. He said Alexander and co-counsel Robert
Kennedy of Long Beach, needed to show more facts that Chavez is a care giver.

The judge said that, at best, Chavez only visits the ill, adding that the
definition of a care-giver includes the duties of providing housing, health
and safety services.

"Just handing over marijuana just doesn't make it," Fasel added.

Alexander countered that Chavez's activities kept people from having to make
their purchases from street dealers.

"There have been 601 instances when Chavez has provided the marijuana," said
Alexander, adding that Chavez could not be considered a dealer. "Your regular
dope dealer doesn't require a note from a doctor. That's highly
distinguishable from a dealer."

Fasel wanted to know how he could determine that the Patient-Doctor-Nurse
Support Group is non-profit, prompting Alexander to respond: "There's no proof
that there were profits."

Medicinal-Marijuana Seller Loses A Ruling ('The Los Angeles Times' Version)

Sender: owner-dpfca@drugsense.org
Reply-To: dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/
Received: from FilmMakerZ@aol.com
Date: Sat, 15 Aug 1998 15:19:27 EDT
Subject: Medicinal-Marijuana Seller Loses a Ruling
Newshawk: FilmMakerZ@aol.com
Source: Los Angeles Times Orange County Edition (CA)
Pubdate: Sat, 15 August 1998
Contact: ocletters@latimes.com
Website: http://www.latimes.com/HOME/NEWS/ORANGE/
Author: Lisa Richardson, Times Staff Writer

Medicinal-Marijuana Seller Loses a Ruling

For the third time since California voters approved a measure legalizing the
medicinal use of marijuana in 1996, an Orange County Superior Court judge has
ruled that Proposition 215 is not a legal defense against charges of selling

Marvin Chavez, 42, the founder of an Orange County cannabis club, faces 10
counts of marijuana sales stemming from his activities as the club's director.

His attorneys had hoped to argue in his trial that Chavez was acting within
the boundaries established by the proposition because some of the marijuana
was sold to patients.

But Judge Frank F. Fasel found that the law protects the actions of patients
and their caregivers--not distributors of the drug. When Chavez's trial
begins Aug. 24, the jury will not hear any arguments based on the proposition.

To be sheltered by Proposition 215, Fasel said, Chavez would have to prove
that he was the patient's designated caregiver and performed specific duties.

Fasel said the law is poorly written because it does not specifically address
the legal status of marijuana distributors.

"Establishing a method of distribution has to be a legislative function,"
Fasel said. "Asking the court to endorse a distribution center simply is not

Deputy Dist. Atty. Carl Armbrust said Chavez's argument was irrelevant because
some of the charges against him stem from marijuana he gave to undercover
police officers.

Supporters of Chavez expressed disappointment at the decision.

"I have lost six members of my family to cancer, and I have a daughter who
survived," said Julie Ireland, a former Los Angeles police officer and member
of the club. "And if it weren't for the cannabis, she'd never have been able
to keep anything down."

Cannabis Co-Op Founder Told Proposition 215 No Defense
('The Orange County Register' Version)

Date: Sun, 16 Aug 1998 10:48:56 -0700
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US CA: Cannabis Co-Op Founder Told Prop. 215 No Defense
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John W.Black
Source: Orange County Register (CA)
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Pubdate: Sat, 15 Aug 1998
Author: Stuart Pfeifer


The founder of the Orange County Cannabis Co-op won't be able to use
California's medical marijuana law as a defense to charges that he
illegally sold marijuana, a judge ruled Friday. The decision by Orange
County superior Court Judge Frank F. Fasel is devastating to the defence
for Marvin Chavez, who contends he provided marijuana only to ill people
with doctors' permission to use the drug.

"The sole motivation for Marvin Chavez...was his belief that he was acting
according to Proposition 215," defense attorney Jon Alexander said after
the judge announced his decision in a Santa Ana courtroom.

Deputy District Attorney Carl Armbrust sought the restriction because Prop.
215 allows sick people with medical authorization to use marijuana but does
not permit sale of the drug.

Last month,co-op volunteer David Herrick was sentenced to four years in
state prison for selling marijuana. The judge in that case had also barred
use of Prop. 215 as a defence, prompting jurors to submit a note asking if
they could consider "the will of the people" in their deliberations.

Chavez,charged with ten felony counts of marijuana sales and
transportation, faces a maximum sentence of eight years in prison.

A different judge, Robert R. Fitzgerald, had offered to sentence Chavez to
time he's already served in jail if he pleaded guilty.The Santa Ana
resident rejected that offer.

Peron's Pot Plants Uprooted ('The San Francisco Examiner'
Says For A Second Time, DEA Agnts Have Raided A Lake County, California
Cannabis Farm Run By San Francisco Medical Marijuana Activist Dennis Peron -
About 20 Agents Ripped And Ran Friday Morning Without Even Busting Peron
Or Nine Others Tending 151 Plants)

Date: Sun, 16 Aug 1998 00:01:20 -0400
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US CA: Peron's Pot Plants Uprooted
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Source: San Francisco Examiner (CA)
Contact: letters@examiner.com
Website: http://www.examiner.com/
Pubdate: Sat, 15 Aug 1998

Peron's Pot Plants Uprooted

* Replanting planned instead of harvest in Lake County

For a second time, federal drug agents have busted a Lake County pot
plantation run by San Francisco medical marijuana crusader Dennis Peron.

About 20 agents from the Drug Enforcement Administration swooped in and
seized 151 marijuana plants at 7:30 a.m. Friday, just before a weekend open
house planned to show off the Lake County Cannabis Farm in Lower Lake,
according to Peron and a DEA spokeswoman.

Peron and nine others were detained during the two-hour seizure, but were
not arrested, according to Evelyn James of the DEA's San Francisco office. A
prosecutor will decide whether any charges are warranted, she said.

Peron has been arrested four times since he launched his campaign to pass
Proposition 215, which allows medical patients to grow and use marijuana,
with a doctor's recommendation, to ease the suffering caused by AIDS, cancer
and other illnesses.

He said Friday he had hoped to be arrested again because "we want our day in

Federal authorities say U.S. drug laws still prohibit having or growing
marijuana, and supersede state laws like Prop. 215. They have gone
aggressively after Peron and other purveyors of medical marijuana, getting a
court order that eventually shut down Peron's Cannabis Healing Center in San

The city of Oakland this week took the unusual step of making the Oakland
Cannabis Buyers Club a city agency to try to keep it operating and out of
federal jeopardy.

Since his own pot buyers' club was shut, Peron has been concentrating on his
20-acre plot in Lake County, a two-hour drive northeast of San Francisco.

He said it was a cooperative of 100 or more AIDS, cancer and other patients
who took turns growing the pot for their own use, as allowed under Prop.

The DEA busted it for the first time in May, confiscating 250 plants and
several pounds of processed pot.

The public was invited to the farm this weekend to show that despite the
federal onslaught, "Prop. 215 did do something, and that sick and dying
people can cultivate medicine free of prosecution, from the state and county
in any case," Peron said Friday.

With the bust, he said the federal government is "trying to discourage
people into thinking Prop. 215 didn't change anything and they can shove
their heavy hand down the people's throat."

Lake County Sheriff Rodney Mitchell, who sent a detective along with the
federal agents Friday, said a bust just before the weekend celebration just
meant more publicity for the farm.

"I think that the end result was, they accomplished what they expected and
wanted," Mitchell said. "Otherwise, why would they fax me a copy (of the
press release announcing the open house)? Why would they fax the DEA one?
Why would they put it on their Web site, which the DEA monitors every day?"

Peron said the celebration would go ahead, with people from all over
Northern California bringing pot plants to replace those ripped out. "We are
going to have 200 patients up here," he said. "Instead of a harvest party,
it's going to be a planting party."

Ex-Los Alamitos Officer Gets Jail For Stealing Drug Evidence
('The Orange County Register' Notes The Same County That Sentenced
Medical Marijuana Patient David Herrick To Four Years In Prison
For Possessing A Little Medical Marijuana In Baggies Marked 'Not For Sale'
Sentenced Former Los Alamitos Police Officer David Conte To One Year In Jail
Friday For Stealing Methamphetamine From His Department's Evidence Locker,
Thefts That Prompted The Dismissal Of Several Pending Cases)

From: owner-mapnews@mapinc.org (MAPNews)
To: "MAPNews-posts (E-mail)" (mapnews@mapinc.org)
Subject: MN: Ex-Los Alamitos Officer Gets Jail For Stealing Drug Evidence
Date: Sat, 15 Aug 1998 21:51:40 -0500
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John W.Black
Source: Orange County Register (CA)
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Pubdate: Sat, 15 Aug 1998
Author: Stuart Pfeifer-Register Staff


Courts:He stole methamphetamine,forcing dismissal of cases.

A former Los Alamitos police officer was sentenced to one year in jail
Friday for stealing methamphetamine from the department's evidence
locker, thefts that prompted the dismissal of several pending cases.

Cpl. David Conte, 36, the Los Alamitos Employee of the Year in 1994,
admitted the thefts at a hearing before Orange County Superior Court Judge
Andrew Banks in Westminster. He resigned after his arrest in April.

Police confirmed their suspicions about Conte in a sting operation in which
agents from the state Bureau of Narcotic Enforcement gave him some
methamphetamine to book into evidence. Instead, he stole about 2.5 grams of
the drug and put it is his department locker.

Detectives served search warrants and found opened, empty evidence envelopes
both in Conte's locker and at his home in Temecula, according to the report.
He admitted he had been stealing and using methamphetamine for the past

The arrest rocked the department and forced prosecutors to throw out several
cases in which Conte was a witness.

Conte, who worked for the department for more than 10 years, apologized in a
letter to the Probation Department. He said he began using methamphetamine
after he became fatigued and depressed due to a heavy workload that included
stints as a watch commander, field training officer and drug-recognition

"At times I was working 16-to18-hour days and then commuting two hours to my
home in Temecula," Conte wrote. "I then chose to use methamphetamine to
fight off both the fatigue and depression. It was a decision that I have
come to regret every minute of my life."

Slain Teen Informant's Family Sues Brea Police ('The Orange County Register'
Says Survivors Of Chad Allen MacDonald, A 17-Year-Old Tortured And Killed
Whose Girlfriend Was Also Beaten And Raped, Have Filed A Lawsuit
Against The Brea, California Police Department, Alleging That Officers
Coerced Him Into Working As A Drug Informant And Failed To Adequately
Protect Him - Jeff Wertheimer, The City's Lawyer, Said 'Chad MacDonald
Was A Drug Dealer . . . . Drug Dealers Die All The Time')
Link to earlier story
From: owner-mapnews@mapinc.org (MAPNews) To: "MAPNews-posts (E-mail)" (mapnews@mapinc.org) Subject: MN: US CA: Slain Teen Informant's Family Sues Brea Police Date: Sat, 15 Aug 1998 21:46:47 -0500 Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John W.Black Source: Orange County Register (CA) Contact: letters@link.freedom.com Website: http://www.ocregister.com/ Pubdate: Sat, 15 Aug 1998 Author: Stuart Pfeifer-Register Staff SLAIN TEEN INFORMANT'S FAMILY SUES BREA POLICE Courts: The suit asserts that officers coerced Chad MacDonald into becoming an informant, resulting in his slaying. The family of slain teen-ager Chad Allen MacDonald has filed a lawsuit against the Brea Police Department, alleging that officers coerced him into working as a drug informant and failed to adequately protect him. MacDonald, 17, was tortured and strangled March 2 in Norwalk by attackers who repeatedly called him a "snitch," according to the lawsuit filed Thursday in Orange County Superior Court in Santa Ana. The teen-ager agreed to work as an informant after he was caught in possession of half an ounce of methamphetamine during a Jan. 6 traffic stop. Among the allegations in the lawsuit: MacDonald's mother's heart conditon made it difficult for her to assess the risk to her son when she signed an informant waiver. Police should have known MacDonald was a drug addict and could be harmed as an informant. Police told MacDonald he would go to jail if he didn't inform when he probably would have gone to a treatment center. "Children are worth more than drug arrests," said Lloyd Charton, attorney for MacDonald's family. An attorney for Brea police said the department acted properly. He said MacDonald was removed from the informant program before he was attacked at the reputed drug house. "The death of Chad MacDonald is really, really sad, but not the fault of the Brea Police Department," said Jeff Wertheimer, the city's lawyer. "Chad MacDonald was a drug dealer. ... Drug dealers die all the time." *** Date: Sun, 16 Aug 1998 13:53:04 -0700 From: David Borden (borden@drcnet.org) Subject: Re: Another "drug dealer" dies; ho-hum >"Chad MacDonald was a drug dealer. ... Drug dealers die all the time." >[end quote] > >Gee, I guess it just *has* to be that way. Must be a law of nature. This was the first suggestion I've seen in print that MacDonald was guilty of anything other than possession. I've submitted the following letter to the editor: City attorney Jeff Wertheimer deserves to be severely reprimanded for labelling slain teen drug informant Chad MacDonald a "drug dealer". (Slain teen informant's family sues Brea police, Register, 8/15.) Since MacDonald's torture and murder after police coerced him into becoming an informant, not a single news report has suggested that he was guilty of anything other than possession. Wertheimer has resorted to unethical demagoguery in order to deflect discussion away from the real issue -- a reckless, immoral policy that places young people at risk and assures them easy access to drugs. David Borden Executive Director Drug Reform Coordination Network http://www.stopthedrugwar.org 2000 P St., NW, Suite 615, Washington, DC 20036 (202) 293-8340 (voice), (202)293-8344 (fax), borden@drcnet.org

The Business Of Dealing Drugs (A Staff Editorial In 'The Chicago Tribune'
Suggests Milwaukee Mayor John Norquist Was Wrong To Dismiss A Study
Of Inner City Sellers Of Illegal Drugs Researched Under The Direction
Of Criminologist John Hagedorn At The University Of Illinois At Chicago)
Link to earlier story
Date: Sun, 16 Aug 1998 10:54:24 -0700 To: mapnews@mapinc.org From: owner-mapnews@mapinc.org (MAPNews) Subject: MN: US IL: Editorial: The Business of Dealing Drugs Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Steve Young (theyoungfamily@worldnet.att.net) Source: Chicago Tribune (IL) Contact: tribletter@aol.com Website: http://www.chicago.tribune.com/ Pubdate: Sat, 15 Aug 1998 Section: Sec. 1, p. 11 THE BUSINESS OF DEALING DRUGS When Milwaukee Mayor John Norquist got wind of a university study that characterized the young people who deal drugs in his city as hard-working entrepreneurs chasing the American dream, he was furious. It's easy to understand why. The drug trade in Milwaukee is the source of violence and social distress, as it is in other big cities. Those who control it and benefit from it hardly deserve praise. But the insight into the nature of the drug trade offered by criminologist John Hagedorn at the University of Illinois at Chicago ought not be dismissed so easily. Indeed it should be taken seriously by those looking for solutions to an urban phenomenon that has frustrated the best efforts of law enforcement. Hagedorn examined the drug trade last year in two low-income Milwaukee neighborhoods--one predominantly African-American, one predominantly Latino. With help from former gang members, he discovered a well-organized, innovative enterprise--albeit an illegal one--that in many ways resembled the operations of legitimate small businesses. The young, mostly male dealers worked hard for rather modest incomes--at least in relation to the Hollywood stereotype of Mercedes-Benz driving dealers--which ranged from $1,000 to $5,000 a month. Even the violent aspect of the drug trade had diminished through the balancing out of competitive forces--the result, in effect, of the gangs' own version of profit-and-loss analysis. Hagedorn, whose 30-page report was published in June by the politically conservative Wisconsin Policy Research Institute, does not glamorize the drug trade. Rather, he offers evidence that the young people involved are motivated not so much by a desire to do evil as by a desire to make a buck--and that many have become quite adept at it. Community advocates have long argued that providing legitimate job opportunities in neighborhoods where unemployment is high is essential to luring youths away from the drug culture. Hagedorn's work suggests entrepreneurship is one thing drug dealers might gravitate toward and excel at. That has been the observation of Brian Jenkins, vice president for the Chicago division of KidsWay Inc., an Atlanta-based organization that teaches entrepreneurial skills to youths. Jenkins has been training African-American and Latino teenagers since 1994 to run their own businesses. This past week he led a five-day seminar at DePaul University's Loop campus for mostly inner-city kids identified by churches and youth agencies in Chicago and Gary, Ind. Jenkins says young people who have experience in the street drug trade typically catch on quickly to the principles of running a business. They tend to have a keen understanding of such principles as supply and demand, marketing, pricing, accounting, even the importance of proper attire. They also possess an acute entrepreneurial spirit, Jenkins says, including a greater willingness to take risk and a strong desire to work for themselves. None of that makes drug dealers angels. The criminal nature of what they do must continue to be confronted by the police. But the one-dimensional strategy of rounding them up and locking them away has barely dented the problem. Creative approaches are in order. One of them may be to capitalize on the very skills dealers have learned in the course of plying their illegal trade.

Judge Says City Erred In Barring Marijuana Rally ('The Boston Globe'
Says Superior Court Judge Carol S. Ball Ruled The First Amendment
Requires The Boston Parks Department To Issue A Permit
For The Annual Hempfest, Which Is Expected To Draw 75,000 To 100,000 People -
MassCan's Advocacy Of Civilly Disobedient Marijuana Smoking
Does Not Allow The City To Deny The Permit)

Date: Sat, 15 Aug 1998 18:10:31 -0400
To: DrugSense News Service (mapnews@mapinc.org)
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US MA: Judge Says City Erred In Barring Marijuana Rally
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: annmaria@webtv.net (Ann McCormick)
Source: Boston Globe (MA)
Page: B01, Front Page - second section
Contact: letters@globe.com
Website: http://www.boston.com/globe/
Pubdate: Sat, 15 Aug 1998
Author: Judy Rakowsky, Globe Staff
Note: The Massachusetts Cannabis Reform Coalition\NORML website is at:


Cites Free-Speech Rights

Superior Court Judge Carol S. Ball said the First Amendment requires the
Parks Department to issue a permit for Hempfest, which last year resulted
in 150 marijuana-related arrests. Ball said the city can set conditions to
protect public safety at the rally, which is expected to draw 75,000 to
100,000 people. MassCan's advocacy of civil disobedience by public
marijuana smoking does not allow the city to deny the permit, Ball said.
``Civil disobedience is a bedrock of our society: the Boston Tea Party, the
Vietnam War protests,´´ she said. But the city overstepped its authority
when it demanded that MassCan, as a condition of the permit, ``discourage
the illegal smoking of marijuana at the rally´´ through public
announcements and performers.

Bill Downing, president of MassCan, said in court filings that ``we will
not be coerced into becoming agents, scaring the people with the very laws
we despise.´´

Boston police said last year's rally was rife with violations of city
regulations, including unauthorized vendors, more than 30 of whom had no
health permits and one of whom had a 100-pound propane tank, five times the
size of tanks permitted on the Common.

Police also were critical of speakers telling the crowd to ``light up.´´´

MassCann lawyer John Swormley told Ball that there was nothing illicit
about such statements because smoking marijuana is not the crime,
possession is.

The only people who could smoke marijuana on the Common would be those who
obtained it illegally before they got there, Swormley said. So, he
reasoned, the crime was already committed and thus no speaker at a rally
could be seen as inciting lawless activity.

``Cute,´´ said Ball. ``You ought to go to work for President Clinton.´´

Earlier in the week, Ball ruled that the city violated the free speech
rights of owners of the Paradise Club when the club was shut down July 8.
Last month, US District Judge George A. O'Toole found that the city
violated the First Amendment rights of the Nationalist Movement when it
denied the Mississippi group's 1994 application for a parade permit.

In a statement, the municipal law department welcomed Ball's recognition of
the city's need to manage large events and protect public property and
safety and said the city would issue a permit with appropriate restrictions.

A spokesman for Mayor Thomas M. Menino said the crop of First Amendment
rulings is no reflection on the administration's policies.

``None of these rulings say the city has done anything unconstitutional.
What they take issue with is the way the ordinances and regulations are
written,´´ said spokesman John Dorsey.

City lawyers said the permit would be issued by next Wednesday and the
judge set a hearing on the legality of the restrictions for Aug. 28.
Hempfest is scheduled for Oct. 3.

The Beacon Hill Civic Association as well as the Friends of the Public
Garden and Boston Common opposed Hempfest, contending that the event causes
inordinate damage to the grounds.

Sandra Steele, president of the Beacon Hill Civic Association, said the
rally should be moved to City Hall Plaza if it is to be held because her
young son relies on the Common for a neighborhood green.

Last year Steele's son was playing soccer elsewhere on the Common during
Hempfest and ``breathed secondhand marijuana smoke.´´ The children, she
said, ``were all smiles.´´

Copyright 1998 Globe Newspaper Company.

Marijuana Rally Sponsors Decry Permit Denial
('The Houston Chronicle' Version)

From: adbryan@ONRAMP.NET
Date: Sat, 15 Aug 1998 16:23:42 -0500 (CDT)
Subject: ART: Marijuana rally sponsors decry permit denial
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org

Houston Chronicle


Marijuana rally sponsors decry permit denial

BOSTON (AP) -- After years of public marijuana smoking at a
pro-marijuana rally on Boston Common, the city felt it was time to deny
organizers a permit for this year's event.
But the pot enthusiasts claimed their constitutional rights were
violated, and they sought an injunction Friday to block the city from
interfering with the ninth Annual Freedom Rally set for Oct. 3.

"Mayor Menino doesn't like people smoking dope, and he doesn't want the
city to be seen as condoning it," said John Swomley, attorney for the
Massachusetts Cannabis Reform Coalition.

MassCann came away with a partial victory when Suffolk Superior Court
Judge Carol Ball persuaded the city to agree to issue a permit, but she
also scheduled a hearing later this month on restrictions sought by the

When Boston initially denied the 1998 permit request, it listed 20
conditions MassCann would have to satisfy in order to meet city

Those stipulations -- including a requirement that all speakers and
performers discourage marijuana smoking and announcements that police
would enforce drug laws -- are likely to be addressed at the upcoming

"The Boston Common is the oldest forum for freedom of expression," said
Bill Downing, president of Reading-based MassCann.

But city spokesman John Dorsey said the city was on solid constitutional

"If anything, it's a disclaimer," he said. "We're just asking to let
people know that police will be enforcing the laws."

City Must Issue Permit For Pro-Dope Rally On Common
('The Boston Herald' Version)

Date: Sun, 16 Aug 1998 17:36:32 -0800
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US MA: City Must Issue Permit For Pro-Dope Rally On Common
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: KJBLeu@aol.com
Pubdate: Sat, 15 Aug 1998
Source: Boston Herald (MA)
Contact: letterstoeditor@bostonherald.com
Author: Hilary Krieger


Boston must issue a permit for a pro-marijuana rally on Boston Common, a
Suffolk County superior court judge ruled yesterday -- one day after the
city nixed the event.

"We won,", said John G. Swomley, lawyer for Massachusetts Cannabis Reform
Coalition. He called the permit denial and many of the restrictions the
city sought "clearly unconstitutional." He said the botton line is that
"Mayor (Thomas M.) Menino doesn't like people smoking dope and doesn't want
the city to be seen as condoning it."

Judge Carol Ball, ruling on an injunction sought by MassCann, said the city
can put restrictions on the permit as part of public safety efforts.

"It's the city's obligation to issue a permit" to avoid trammeling on free
speech rights, Ball said, but added that the parks department "absolutely
has the power" to regulate the rally.

However, she cautioned that some of those restrictions -- which must be
issued along with the permit by Wednesday -- could fail constitutional

In his Thursday letter that denied the permit, Parks Department chief of
staff Don King told event organizers they must "discourage the illegal
smoking of marijuana during the rally" by publicizing Boston police law
enforcement efforts before and during the rally.

John Dorsey, a spokesman for Menino, would not comment on which
restrictions will be included in the permit.

In the past, tens of thousands of people have attended MassCann's annual
"Freedom Rally," this year scheduled for Oct. 3. Last year an estimated
60,000 people from all over the country attended the rally, with more than
150, including minors, arrested on drug charges.

"We are glad (Suffolk) superior court recognizes that the City of Boston
has a legal responsibility to manage events of this size in a way that will
protect public property and maintain public safety," Menino's legal
department said in a prepared statement.

"We will comply with the judge's order by issuing a permit with
restrictions that will allow us to meet this responsibility to the best of
our ability," the statement continued.

MassCann, a state branch of the National Organization for Reform of
Marijuana Laws, advocates legalization of the drug, but doesn't actively
advocate smoking pot without "medicinal supervision," said Bill Downing,
president of MassCann.

"But not advocating and thinking it's wrong are two very different things,"
he said.

Associated Press contributed to this report

DEA Targets City Cop ('The Standard-Times' In New Bedford, Massachusetts,
Says New Bedford Police Officer Mark Bulbulian Been Indicted
By A Federal Grand Jury On Charges Of Conspiracy, Extortion And Bribery
For Allegedly Taking A Payoff In 1996 To Tip Off A Cocaine Dealer
About A Major Investigation Closing In On Him)

Date: Sat, 15 Aug 1998 23:59:18 -0400
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US MA: DEA Targets City Cop
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John Smith
Source: Standard-Times (MA)
Contact: YourView@S-T.com
Website: http://www.s-t.com/
Pubdate: Saturday, 15 August, 1998
Author: David Rising, Standard-Times staff writer


Agency says bribe crippled drug probe

NEW BEDFORD -- The federal Drug Enforcement Administration is investigating
a city police officer over allegations he took a bribe in 1996 to tip off a
cocaine dealer about a major police investigation closing in on him.

The information came to light Thursday, when the U.S. Department of Justice
announced that Mark Bulbulian, of 320 Cornell St., was implicated in the
investigation as the liaison between the officer and the dealer. He has
been indicted by a federal grand jury on charges of conspiracy, extortion
and bribery.

The investigation into the officer comes a little more than a year after
the Bratton Report -- a comprehensive study of the New Bedford Police
Department -- found that arrests for drug trafficking and distribution were
down, and that 20.4 percent of officers believed that some other officers
were taking drugs and/or money from drug dealers.

In Mr. Bulbulian's indictment, the U.S. Attorney's office refers to the New
Bedford Police officer as "X."

According to the indictment, Mr. Bulbulian set up a meeting between
drug-dealer James A. Pike and Officer X.

The three met at Gourmet Coffee and Bagel, a small coffee shop owned by Mr.
Bulbulian's sister, located in the Accu Plaza at the junction of Routes 140
and 18.

At the coffee shop yesterday, Mr. Bulbulian's sister, Yvette, would not
comment on the case.

But according to the indictment, at that meeting, on May 9, 1996, Officer X
agreed to give Mr. Pike information about an investigation targeting him,
in exchange for one cash payment of $3,500.

Later that day, Mr. Bulbulian and Officer X met in the Silver City Galleria
in Taunton. At that meeting, Mr. Pike handed Officer X $3,500 in cash, and
Officer X told Mr. Pike about an undercover state trooper with whom Mr.
Pike had been conducting drug transactions since April 1996, according to
the indictment.

Sgt. Craig Fries, of the Bristol County District Attorney's Drug Task
Force, said his unit, which was investigating Mr. Pike in conjunction with
the DEA, immediately shut down their operation, after learning through
sources that the man had been tipped off.

"It was shut down immediately due to the danger that was involved," Sgt.
Fries said.

He said the payoff blew the cover of a lengthy operation.

"He was a rather large dealer in this area, we decided to target him,
everything was going fine. We had several buys already from him, but then
we got that information and had to shut it down," Sgt. Fries said.

Mr. Pike was arrested and charged with various drug offenses and is serving
a sentence for those crimes, Sgt. Fries said.

But, Sgt. Fries said, after the trooper's cover was blown, his unit's
involvement in the case ended.

"Once we found out that this had occurred, we had shut it down and it took
a different direction," Sgt. Fries said. "The DEA basically took it from
there as far as the investigation into the leak."

The Cape Cod office of the DEA referred all comment on the investigation to
a Boston DEA public affairs department, but calls there yesterday were not

U.S. Attorney's Office Spokesman Samantha Martin said the investigation
into Officer X is ongoing by the DEA and the IRS, but would say nothing else.

"We can't comment on anything that might be ongoing," she said.

New Bedford Police Chief Arthur J. Kelly III said Officer X is not working
at this time.

"I cannot comment on any specific personnel action that I have taken in
this matter," he said.

Mr. Pike, 37, had been previously arrested numerous times on drug related

He was indicted in October 1996 by a federal grand jury on charges that he
carried 17 ounces of cocaine aboard a single-engine plane from New Bedford
to Bangor International Airport in Maine.

According to court records, police found the cocaine and $1,692 in a search
of the plane.

$2 Million Worth Of Marijuana Plants Uncovered ('The Associated Press'
Says A Police Helicopter Doing Aerial Surveys Spotted About 1,500
Mature Marijuana Plants Friday Growing Along The Fringes Of An Airport
In The Buffalo, New York, Suburb Of Cheektowaga - Police Valued Each Plant
At $1,333.33)

From: "Bob Owen @ WHEN, Olympia" (when@olywa.net)
To: "-News" (when@hemp.net)
Subject: NY: $2 million worth of mj plants found
Date: Sat, 15 Aug 1998 19:57:35 -0700
Sender: owner-when@hemp.net

$2 million worth of marijuana plants uncovered
Associated Press, 08/15/98 13:03

BUFFALO, N.Y. (AP) - Near the airport, hidden amid a dense tangle of reeds
and purple loosestrife, police uncovered another kind of ``weed'' that's
worth millions of dollars - carefully cultivated marijuana.

A police helicopter doing aerial surveys spotted some 1,500 mature marijuana
plants Friday growing along the fringes of the Buffalo Niagara International
Airport in the Buffalo suburb of Cheektowaga.

Their worth: an estimated $2 million. The find could be the biggest of its
kind in the Buffalo region, Erie County Sheriff Patrick Gallivan said.

Police were trying to determine who owns the property, and there were no
immediate arrests. Officers and a highway department crew spent hours
pulling up the plants, which will be dried out and weighed for evidence and
then destroyed next week.

``If our suspect comes back, we're going to catch him with his plants
down,'' an amused narcotics officer, Detective Lt. M. James Starr, said in
Saturday's Buffalo News.

The plants were growing in 20-gallon tubs embedded in the soil and averaged
about 5 feet, although some stood 10 feet tall. Police recovered gardening
tools and fertilizer, a chaise lounge, an umbrella and several tables.

``These were the largest marijuana trees I have ever seen,'' Starr said.

Giuliani Orders Five City Hospitals To Wean Addicts Off Methadone
('The New York Times' Says New York City Mayor Rudolph Giuliani
Has Followed Through On His Promise To Cut Methadone Maintenance Programs,
And Will Unilaterally Effect A Policy Change So That In About 60 Days,
Approximately 2,000 Heroin Addicts Treated At City Hospitals Will Generally
Not Be Allowed To Obtain Methadone For More Than Three Months)

Date: Sat, 15 Aug 1998 08:30:58 -0400
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US NYT: Giuliani Orders 5 City Hospitals
To Wean Addicts Off Methadone
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: emr@javanet.com (Dick Evans)
Source: New York Times (NY)
Contact: letters@nytimes.com
Website: http://www.nytimes.com/
Pubdate: Sat, 15 Aug 1998
author: Rachel L. Swarns


NEW YORK -- Following through on his promise to overhaul drug treatment in
New York City, Mayor Rudolph Giuliani has decided that heroin addicts
treated at city hospitals will generally be allowed to get methadone for no
more than three months, city health officials Friday. The policy change,
which will take place in about 60 days, will affect 2,000 addicts who take
methadone, a synthetic drug that has been widely prescribed to blunt heroin
cravings for the last 30 years. Under the new plan, addicts enrolled in
programs at five city hospitals will be weaned from methadone within three
months, instead of taking it indefinitely as they do now. The programs will
continue to offer intensive counseling and other services after that time.

The mayor has argued that methadone maintenance programs simply substitute
one dependency for another, and that abstinence from drugs is a more moral
and decent approach to curing addiction.

In preparation for the shift, city officials suspended admissions this week
to the methadone programs at Bellevue, Harlem Hospital, Metropolitan
Hospital, Elmhurst and Kings County. The hospitals, which each typically
receive about four new patients weekly, began referring those clients to
other private and state-run clinics, city officials said. The decision
immediately created a furor in the drug-treatment community, where
methadone treatment has been embraced by the National Institutes of Health;
Gen. Barry McCaffrey, the White House drug policy chief, and state drug
rehabilitation officials.

While city officials control less than 10 percent of the 36,000 methadone
treatment slots in New York City, state health officials said the policy
shift could create a shortage of desperately needed slots. The city's
methadone treatment system is already operating at more than 90 percent of
capacity, officials said.

State officials, who provide some of the financing for the city programs,
said they also feared for the health and well-being of the heroin addicts
forced to make the new transition. About 1,000 methadone-to-abstinence
slots already exist in New York City, but "historically, it has not worked
for everybody," said Wendy Gibson, the spokesperson for the State Office of
Alcoholism and Substance Abuse.

State officials said they wanted to review the city's plan, but Dr. Luis
Marcos, president of the city's Health and Hospitals Corp., said the city
had the authority to make the decision on its own.

Marcos said the new policy will liberate heroin addicts from their
dependency on methadone, moving them to abstinence, very much like
alcoholics. "We would like to be able to free many of these men and women
who are life-dependent on this drug, which is a synthetic painkiller very
similar to heroin," Marcos said in an interview.

"The expectation for the alcoholic is to be abstinent and the expectation
for the heroin addict should have the same goal. I believe that society has
been rather lax in terms of dealing with heroin addicts. It's very easy and
inexpensive to give a pill of methadone for life to people. But the time
has come to liberate these addicts from that kind of expectation." Marcos
said heroin addicts receiving treatment at city hospitals would also be
required to work as part of their recovery program, which is a plan widely
supported by most drug treatment experts. Hospital officials have already
begun to evaluate the 2,000 methadone maintenance patients to assess their

City officials said they were also re-evaluating methadone treatment for
the 4,300 inmates at city jails. And Marcos said he expected some
consternation among drug treatment officials as the city moves to dismantle
a treatment regimen that has been widely considered the best hope for
heroin addicts. "I know change is not easy, and their reaction is the
normal expected reaction of people who are being challenged to do things
differently," Marcos said. "No matter what the change is, people react with
fear and concern. But it is time to re-evaluate. We're going to do it."

Teens, Armed And Dangerous ('The Associated Press' Version
In 'The International Herald-Tribune' Of Yesterday's News
About The New Survey Of 16,262 High School Students Nationwide,
Released Thursday By The Centers For Disease Control And Prevention,
Which Suggests One In Three Teen-Agers Gets Into Fights, Almost One
In Every Five Carries A Weapon Or Drives After Drinking, And Almost One
In 10 Attempts Suicide)

From: owner-mapnews@mapinc.org (MAPNews)
To: "MAPNews-posts (E-mail)" (mapnews@mapinc.org)
Subject: MN: US GA: Teens, Armed and Dangerous
Date: Tue, 18 Aug 1998 22:06:04 -0500
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Peter Webster
Source: International Herald Tribune
Contact: iht@iht.com
Website: http://www.iht.com/
Pubdate: Sat, 15 Aug 1998
Author: The Associated Press


Blacks and Hispanics Found More Likely to Fight

ATLANTA - Black and Hispanic high school students are more likely than their
white counterparts to be a threat to others by carrying weapons or fighting,
while whites are more likely to hurt themselves by driving after drinking
alcohol, a government study found.

The similarities among teenagers were equally stark: About one in three is
involved in fights. Almost one of every five carries a weapon or drives
after drinking. Almost one in 10 attempts suicide.

The findings, based on a survey of 16,262 high school students nationwide,
were released Thursday by the Centers for Disease Control and Prevention.

"The lesson here is that too many youths continue to practice behaviors that
put them at risk---for injury or death now and chronic disease later,'' said
Laura Kann, a chief researcher for the National Center for Chronic Disease
Prevention and Health Promotion.

The 1997 study looked at behavior leading to injury and surveyed teenagers'
use of alcohol, tobacco and drugs and sexual and physical activity.

Hispanics were most likely to arm themselves, with 23 percent carrying a
gun, knife or club, compared with 22 percent of blacks and 17 percent of

Blacks were most likely to have fought in the previous year, at 43 percent
vs.41 percent for Hispanics and 34 percent for whites.

Whites were most likely to have drunk five or more glasses of alcohol on at
least one of the 30 days before the survey: 38 percent of whites said they
had, compared with 35 percent of Hispanics and 16 percent of blacks.

Blacks were least likely to mix alcohol and driving. Nine percent drove
after drinking, compared with 19 percent of whites and 18 percent of

The differences could be " a marker for socioeconomic status" and urban
living, Ms. Kann said.

White teenagers were nearly twice as likely as Hispanics to smoke frequently
or chew tobacco, with 20 percent of whites saying they smoked frequentl'y,
compared with 11 percent of Hispanics. Among blacks, 7 percent smoked
frequently and 2 percent chewed tobacco.

Six percent of Hispanics had used cocaine in the 30 days before the survey,
double the number of whites and nine times the number of blacks. Hispanics
also were more likely to have used steroids or injected dlugs.

Nineteen percent of whites and 18 percent o:t Hispanics had tried other
illegal drugs such as LSD, PjC'P, Ecstasy, mushrooms, speed,
methamphetamines or hCeroin.

Only 3 percent of blacks had.

Asked whether they ate the minimum five daily servings of fruits and
vegetables recommended fo]r good health only 29 percent of whites and 28
percent of Hispanics and blacks said they did.

Teenagers at 151 schools filled out confidential questionnaires for the

Drug War Facts - Medical Marijuana (An Update
From Common Sense For Drug Policy Includes A List Of Organizations
That Have Endorsed Medical Access To Marijuana)

Date: Wed, 19 Aug 1998 18:30:10 -0700
To: dpfor@drugsense.org
From: Arthur Livermore (alive@pacifier.com)
Subject: DPFOR: Factbook: Medical Marijuana
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/

compiled by Kendra E. Wright and Paul M. Lewin
for Common Sense for Drug Policy, http://www.drugsense.org/csdp/

Updated: August 15, 1998


Medical Marijuana

1. Doctors are presently permitted to prescribe cocaine and morphine--but
not marijuana.

Source: The Controlled Substances Act of 1970, 21 U.S.C. 801 et seq.

2. Organizations that have endorsed medical access to marijuana include:
the American Academy of Family Physicians; American Bar Association;
American Public Health Association; American Society of Addiction Medicine;
AIDS Action Council; British Medical Association; California Academy of
Family Physicians; California Legislative Council for Older Americans;
California Medical Association; California Nurses Association; California
Pharmacists Association; California Society of Addiction Medicine;
California-Pacific Annual Conference of the United Methodist Church;
Colorado Nurses Association; Consumer Reports Magazine; Kaiser Permanente;
Lymphoma Foundation of America; Multiple Sclerosis California Action
Network; National Association of Attorneys General; National Association of
People with AIDS; National Nurses Society on Addictions; New Mexico Nurses
Association; New York State Nurses Association; New England Journal of
Medicine; and Virginia Nurses Association. A few of the editorial boards
that have endorsed medical access to marijuana include: Boston Globe;
Chicago Tribune; Miami Herald; New York Times; Orange County Register; and
USA Today.

3. Many organizations have favorable positions (e.g., unimpeded research)
on medical marijuana. These groups include: The American Cancer Society;
American Medical Association; Australian Commonwealth Department of Human
Services and Health; California Medical Association; Federation of American
Scientists; Florida Medical Association; and the National Academy of

4. The Controlled Substances Act of 1970 established five categories, or
"schedules," into which all illicit and prescription drugs were placed.
Marijuana was placed in Schedule I, which defines the substance as having a
high potential for abuse, no currently accepted medical use in the United
States, and a lack of accepted safety for use under medical supervision. To
contrast, over 90 published reports and studies have shown marijuana has
medical efficacy.

Sources: The Controlled Substances Act of 1970, 21 U.S.C. 801 et seq.;
Common Sense for Drug Policy, Compendium of Reports, Research and Articles
Demonstrating the Effectiveness of Medical Marijuana, Vol. I &; Vol.
II, Falls Church, VA: Common Sense for Drug Policy (1997, March).

5. The U.S. Penal Code states that any person can be imprisoned for up to
one year for possession of one marijuana cigarette and imprisoned for up to
five years for growing a single marijuana plant.

Source: The Controlled Substances Act of 1970, 21 U.S.C. 801 et seq.

6. On September 6, 1988, the Drug Enforcement Administration's Chief
Administrative Law Judge, Francis L. Young, ruled:

"Marijuana, in its natural form, is one of the safest therapeutically
active substances known. ...[T]he provisions of the [Controlled Substances]
Act permit and require the transfer of marijuana from Schedule I to
Schedule II. It would be unreasonable, arbitrary and capricious for the
DEA to continue to stand between those sufferers and the benefits of this

Source: U.S. Department of Justice, Drug Enforcement Agency, "In the
Matter of Marijuana Rescheduling Petition," [Docket #86-22] (1988,
September 6), p. 57.

7. The DEA's Administrative Law Judge, Francis Young concluded: "In strict
medical terms marijuana is far safer than many foods we commonly consume.
For example, eating 10 raw potatoes can result in a toxic response. By
comparison, it is physically impossible to eat enough marijuana to induce
death. Marijuana in its natural form is one of the safest therapeutically
active substances known to man. By any measure of rational analysis
marijuana can be safely used within the supervised routine of medical care."

Source: U.S. Department of Justice, Drug Enforcement Agency, "In the
Matter of Marijuana Rescheduling Petition," [Docket #86-22], (1988,
September 6), p. 57.

8. Between 1978 and 1997, 35 states and the District of Columbia passed
legislation recognizing marijuana's medicinal value.

States include: AL, AZ, AR, CA, CO, CT, FL, GA, IL, IO, LA, MA, ME, MI, MN,
and WI.


Available online at: http://www.drugsense.org/factbook/
Questions, comments or suggestions for additions and modifications
may be addressed to the Paul Lewin at: csdp@drugsense.org

FDA Can't Regulate Tobacco, Court Rules (A Knight Ridder News Service Article
In 'The Seattle Times' Says A Three-Judge Panel Of The Fourth US Circuit
Court Of Appeals In Richmond, Virginia, Ruled 2-1 Thursday That Tobacco
Control Is The Business Of Congress, Accused The US Food And Drug
Administration Of Trying To Create A National Tobacco Policy Behind The Backs
Of Lawmakers, And Stripped The FDA Of Its Power To Regulate The Manufacture
And Sale Of Tobacco)

Date: Sat, 15 Aug 1998 15:41:47 -0400
To: DrugSense News Service (mapnews@mapinc.org)
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US: FDA Can't Regulate Tobacco, Court Rules
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John Smith
Source: Seattle Times (WA)
Contact: opinion@seatimes.com
Website: http://www.seattletimes.com/
Pubdate: Saturday, 15 August, 1998
Author: Raja Mishra, Knight Ridder Newspapers


WASHINGTON - In a stunning victory for the tobacco industry, a federal
Appeals Court yesterday stripped the U.S. Food and Drug Administration of
its power to regulate the manufacture and sale of tobacco, leaving the
federal government little ability to deal with one of the country's major
public-health concerns.

The three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond,
Va., said in a 2-1 decision that tobacco control is the business of
Congress. The judges accused the FDA of trying to create a national tobacco
policy behind the backs of lawmakers.

"The FDA has exceeded the authority granted to it by Congress," wrote the
court. "This case is about who has the power to make this type of major
policy decision."

President Clinton quickly moved to have the case retried before the entire
Appeals Court in Richmond, which is one level below the U.S. Supreme Court.
He also used the decision to attack Republicans in Congress for defeating
an anti-smoking bill earlier this summer.

"If the leadership in Congress would act responsibly," he said, "it would
enact bipartisan comprehensive tobacco legislation to confirm the FDA's
authority and take this matter out of the courtroom."

For now, America's tobacco policy will be shaped by a sprawling legal
hodgepodge, led by the 37 state attorneys general who have lawsuits pending
against the industry. Four states - Mississippi, Florida, Texas and
Minnesota - have multibillion-dollar agreements with the industry that
include some restrictions on advertising and sales to children.

Tobacco foes said this state of affairs will be ineffective in decreasing
the number of children who smoke, the rationale behind the FDA regulations
that were struck down. About 3,000 children start smoking every day, and
1,000 become addicted in their lifetime, public-health experts estimate.

"The Appeals Court's decision today makes it even more imperative that
Congress pass comprehensive legislation to address the problem of youth
tobacco use," said Sen. John McCain, R-Ariz., who led the Senate's failed
tobacco-control effort.

The industry obviously was pleased about yesterday's ruling.

"It wasn't just about underage smoking, the way that the rules were
devised," said Nat Walker, an R.J. Reynolds spokesman in the company's
Winston-Salem, N.C., headquarters. "There was even the possibility that,
had the FDA had the authority, they could have banned the sale of
cigarettes to adults."

The Appeals Court's decision caps a stunning comeback by the tobacco
industry this year, after several years of public beatings from government
officials and the release of a stream of internal documents painting the
companies as manipulative and secretive.

In June, the Senate's tobacco bill, which would have given the FDA the
required go-ahead to regulate cigarettes, died after an intense
public-relations campaign by the industry. And the industry has won several
recent court battles, including a ruling Thursday in Florida that could
lead to the overturning of the only lawsuit the tobacco companies have ever

Anti-smoking advocates were clearly disheartened by yesterday's Appeals
Court ruling but said they would continue their decades-long fight.

"This may be a temporary victory for the tobacco industry, but it is clear
that the days of Big Tobacco's rogue, unregulated existence are numbered,"
said Bill Novelli, president of the Campaign for Tobacco-Free Kids, an
anti-tobacco group based in Washington.

The case grew out of the declaration of David Kessler, then the FDA
commissioner, in August 1996 that the agency would regulate the sale of
tobacco to minors and oversee tobacco advertising. Among other things, the
FDA required convenience stores to display signs saying cigarettes will not
be sold to minors and to check the IDs of cigarette buyers 19 to 27 years

Because of legal challenges, these are the only provisions that have taken
effect, and signs warning youthful-looking buyers are common in groceries,
gas stations and convenience stores.

Other provisions of FDA regulations would have banned most cigarette
vending machines, most cigarette billboards and promotional products with
cigarette logos.

The FDA claimed it could wield this power because nicotine qualifies as a
drug and cigarettes a drug-delivery device, and the agency was designed to
regulate both these categories. In 1997 a federal judge in North Carolina
upheld this argument, though he struck down the FDA's ability to oversee
advertising, citing freedom of speech.

In yesterday's decision, the court said the FDA could not call tobacco a
drug. In the often- acerbic ruling, it caught the FDA in a sort of
rhetorical trap: Since the FDA says tobacco is very harmful to the public
yet has no benefits, if it honestly applied its drug-approval standards, it
would have to ban tobacco.

"A faithful application of the statutory language would lead to a ban on
tobacco products - a result not intended by Congress," the court wrote.

The tobacco industry said it would not necessarily ask stores to take down
its signs prohibiting sales to minors or to stop ID checks.

"The industry remains firmly committed to taking meaningful steps to reduce
underage tobacco use," said a spokesman for the major tobacco companies:
Philip Morris Inc., R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco
Co., Lorillard Tobacco Co., and United States Tobacco.

When Truth Gets Lost Amid Trivia (An Op-Ed In Wisconsin's 'Capital Times'
Says The New Issue Of FAIR's Magazine, 'Extra!,' Examines Media Bias
And Discovers A Washington Press Corps Far Out Of Touch
With The American People - It's Not That Journalists Are Right Wingers,
Per Se, But That They Are Defenders Of The Status Quo,
While The American People Are Inclined Toward Reform)

Date: Mon, 17 Aug 1998 21:41:42 -0500
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US WI: OPED: When Truth Gets Lost Amid Trivia
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Source: The Capital Times (WI)
Pubdate: Sat, 15 Aug 1998
Contact: tctvoice@madison.com
Website: http://www.madison.com/



"What is sex?'' the ABC radio announcer demanded to know on a Friday
morning "news'' broadcast.

It was a teaser for a story on President Clinton's impending testimony
before the Ken Starr-chamber grand jury. But it was also a reminder of
the great extent to which the whole Monica Lewinsky "scandal'' has
been driven by a media that is far more obsessed with bedroom affairs
than foreign affairs.

The news in this country has become so trivialized that some
sociologists now speculate that a person may actually be more confused
after listening to an evening news program.

What's wrong with American media?

Fairness & Accuracy in Reporting, the national media watchdog group,
offers one answer.

The new issue of FAIR's magazine, "Extra!,'' examines media bias and
discovers a Washington press corps far out of touch with the American

So, are Rush Limbaugh and Newt Gingrich right? Are limousine-liberal
reporters cruising the beltway in search of the latest opportunity to
undermine conservative ideals? Hardly.

According to a survey of Washington reporters, editors and broadcast
producers conducted for FAIR by researchers at Virginia Commonwealth
University, the D.C. journalists were significantly more conservative
than the American people.

Compare attitudes about corporations. While 43 percent of the
Washington press corps reject the notion that too much power is
concentrated in the hands of large corporations, only 18 percent of
the public share that view.

Indeed, journalists registered as more conservative than the people on
each of the following issues: protecting Medicare and Social Security,
expansion of NAFTA, the need to control and regulate corporations,
taxing the wealthy and development of a government guarantee of health
care for all.

It's not that journalists are right wingers, per se, the study found.
The real point is that they are defenders of the status quo, while the
American people are inclined toward reform.

"(Journalists') adherence to the middle of the road and conventional
wisdom is consistent with media outlets owned and funded by
corporations that benefit from the status quo and are threatened by
alternative analyses,'' says sociologist David Croteau.
"Unfortunately, this too often leaves citizens with policy `debates'
grounded in the shared assumption of those in positions of power.''

Thus, we get endless stories about Monica's blue dress, rather than
the issues Americans worry about.

When journalist do "think outside the box,'' they are often shot down.
That was what happened to San Jose Mercury News reporter Gary Webb
when he exposed links between the Central Intelligence Agency and
Nicaraguan Contras who dealt drugs.

Webb was attacked by fellow journalists when the story appeared two
years ago. But this year, the CIA acknowledged that it had indeed kept
drug dealers on the payroll.

Former Associated Press reporter Robert Parry argues that Washington
reporters launched "excessive attacks'' on Webb because "Webb's series
jabbed a painful nerve for many thriving journalists who had shirked
their responsibilities to the American people.''

As the national media obsess all over themselves regarding the
Lewinsky affair this coming week, that same irresponsibility will be
in play. Real stories -- stories about campaign finance reform and
defending family farming and reforming HMOs and fixing American
foreign policy -- will be pushed aside in order to examine the stain
on a blue dress.

Heroin Use Among Young People Is Increasing In England And Wales
('The British Medical Journal' Notes The New Report From The Home Office
Police Research Group)

Date: Fri, 14 Aug 1998 14:10:36 -0400
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: UK: Heroin Use Among Young People
Is Increasing In England And Wales
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: David.Hadorn@vuw.ac.nz (David Hadorn)
Source: British Medical Journal (UK)
Contact: bmj@bmj.com
Pubdate: Sat, 15 Aug 1998
Issue: BMJ 1998;317:431 (15 August)
Author: Richard Harling, BMJ


Heroin use has risen among young people aged under 19 in England and Wales,
according to a report from the Home Office Police Research Group.

Throughout the 1990s several indicators have suggested that adolescents are
increasingly using heroin: the Department of Health's database on regional
drug misuse has been notified of more first episodes of heroin use;
prosecutions for heroin related offences have escalated; and seizures of
the drug have increased.

The use of heroin is also becoming more common in smaller towns. In a
survey of police forces and drug action teams, 80% of areas reported new
outbreaks of heroin use among young people. Most of the new users were
described as "socially excluded," but heroin is also being used as a
recreational drug by adolescents from more affluent families.

An additional £1m ($1.6m) is to be made available to health authorities
for drug prevention work. According to the report, drug education campaigns
may have failed the latest generation of teenagers by focusing too heavily
on recreational drugs such as cannabis and ecstasy and failing to
adequately communicate the dangers of heroin. It calls for future public
health messages about drugs to "acknowledge a hierarchy of dangerousness"
in order to "give heroin a bad name."

The report emphasises the importance of providing "caring, high quality
services" for young heroin users. Dr John Merrill, consultant in drug
dependence for the North West NHS region, criticises existing arrangements
because drug action groups do not always have access to advice from a
specialist with experience of working with young drug users. He would like
to see services coordinated at regional level by multiagency partnerships,
including adolescent psychiatry, drug misuse teams, primary care, social
services, and education.

Professor Howard Parker, professor of social work at Manchester University
and one of the authors of the report, would like the government to
re-evaluate its approach to treating young heroin users. Although he sees a
clear place for methadone as a detoxification agent, Professor Parker
believes that it is overused among younger addicts, leading to
overdependence on medical treatment. Instead, he advocates a philosophy of
"tough love," in which the behaviour of young heroin users is challenged in
a sensitive environment.

Junky Genes (Britain's 'New Scientist' Discusses Research
At The University Of Cincinnati College Of Medicine
Suggesting That Slight Genetic Variations May Make The Difference
Between A Person Being Unlikely To Abuse Heroin And Being Predisposed To It)

Date: Tue, 18 Aug 1998 18:27:38 -0800
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: US: Junky Genes
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Peter Webster
Pubdate: Sat 15 Aug 1998
Source: New Scientist (U.K.)
Contact: letters@newscientist.com
Website: http://www.newscientist.com/
Author:	Nell Boyce


SLIGHT genetic variations may make the difference between a person being
unlikely to abuse heroin and being predisposed to it. Now researchers in
Cincinnati are discovering how small changes in a gene could influence
people's tendency to abuse opiates.

If it exists, the link between genes and addiction is likely to be easier
to pinpoint for opiates such as heroin than for other types of addiction.
This is because, unlike alcohol or cocaine, opium works through only one
molecular gateway in the cell.

Studies have already identified a small variation in the gene for the opium
receptor that appears more often in heroin addicts. Now researchers have
confirmed this finding and have found several new variants of the gene, one
of which appears to protect against drug addiction.

Lei Yu of the University of Cincinnati College of Medicine and colleagues
found that an opium receptor gene variant, A118G, which occurs in 20 per
cent of the population, turns up nearly twice as often in people who have
never been addicted to opiates as it does in addicts. They also found that
a naturally occurring brain opioid binds to the A1 18G receptor three times
more strongly than it does to normal opiate receptors (Proceedings of the
National Academy of Sciences, vol 95, p 9608).

The researchers caution that these results are preliminary and based on
only a small study group. Further work will be necessary to determine how
stronger opiate binding could translate into a protection from addiction,
they say. Yu and his colleagues are enrolling more people in their study
and are checking whether other variants associated with heroin addiction
also change the way opiates bind to the receptor.

"It's tremendously exciting," says Alan Leshner, director of the US
National Institute on Drug Abuse near Washington DC. He says the research
shows the first link between a variation in the biochemical activity of a
protein and a predisposition towards heroin addiction. "This is not yet
vulnerability to addiction but it shows we are looking in the right place,"
he says.

Deaths In Prison Custody ('The Irish Times' Publishes Statistics
For The Years 1990 To 1998 From The Department Of Justice In Dublin)

Date: Mon, 17 Aug 1998 10:00:05 -0700
To: mapnews@mapinc.org
From: owner-mapnews@mapinc.org (MAPNews)
Subject: MN: Ireland: Deaths in Prison Custody
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Martin Cooke (mjc1947@cyberclub.iol.ie)
Source: Irish Times (Ireland)
Contact: lettersed@irish-times.ie
Fax: ++ 353 1 671 9407
Pubdate: Sat, 15 Aug 1998


Year	Total	Breakdown

1990	4:	3 self-inflicted, 1 overdose

1991	5:	4 self-inflicted and 1 overdose. 2 on remand

1992	5:	3 self-inflicted, 1 overdose, 1 natural causes. 1 on remand

1993	3:	1 self-inflicted, 2 overdoses. 1 on remand

1994	5:	3 self-inflicted, 2 overdoses. 1 on remand

1995	3:	1 self-inflicted, 2 overdoses. 1 on remand

1996	9:	5 self-inflicted, 3 natural causes, 1 overdose. 3 on remand

1997	6: 	3 self-inflicted, 2 natural causes, 1 overdose, 1 on remand

1998	4:	2 self-inflicted, 2 natural causes. 1 on remand.

(Where figures are given for deaths on remand, they are included in - not
additional to other categories.)

Source: Department of Justice, Dublin



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