Portland NORML News - Tuesday, October 13, 1998

For the sick and suffering (A letter to the editor of The Bulletin, in Bend,
Oregon, endorses Measure 67, the Oregon Medical Marijuana Act, noting
Marinol consists of just one cannabinoid - the most psychoactive -
and patients and doctors should be allowed to avail themselves of the more
than 60 cannabinoids in herbal cannabis.)

From: cwagoner@bendnet.com
Date: Tue, 13 Oct 1998 21:21:12 -0700 (PDT)
Subject: DPFOR: For the sick and suffering
To: dpfor@drugsense.org
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/

Newshawk: Curt Wagoner
Source: The Bulletin (bulletin@bendbulletin.com)
Wesite: http://www.bendbulletin.com
Pubdate: 10-13-98
Section: My nickel's worth
Page: A-6
Author: Wayne Haythorn

For the sick and suffering
From Wayne Haythorn
Mosier, Or

In your Oct. 3 article on medical marijuana, you write "Marinol, a
synthetic version of THC, the active ingredient in marijuana, is a
reasonable alternative." In fact, there are over 60 active ingredients in
the plant. The drug warriors say that THC is "the active ingredient"
because it is the one that does the most to get you high. It is apparently
effective for glaucoma, but not for chemotherapy nausea, or AIDS wasting

Let us summarize the position of the drug warriors. The stuff that
gets you high is legal, but only if you buy it from a drug company. The
stuff that relieves nausea is not legal at all, because they haven't yet
decided which drug company will get the monopoly on its distribution. The
medicinal herb, that patients can grow for themselves, is illegal under any

The reason for this is that you and your doctor cannot decide what is
safe for you. Only politicians can make that decision. If you and your
doctor don't agree with the politicians, you will go to jail and your
doctor will lose his license.

This is not the way Americans are meant to live. Let yourself be
guided by compassion for the sick and suffering, and stand up for your own
freedom. Vote yes on 67.

Thank you,
Wayne Haythorn
Mosier, OR

Portland March Against Police Brutality Oct. 24 (A forwarded message
invites you to a public protest against drug-war violence and repression,
"Communities United to Stop Police Brutality, Repression, and the
Criminalization of a Generation," beginning at noon Saturday at Northeast
Martin Luther King Jr. Boulevard and Cook Street. Numerous sponsors include
Copwatch; Amnesty International Group 48 and PCC Students Against Violence.)

From: "Rick Bayer" (ricbayer@teleport.com)
To: "Rick Bayer" (ricbayer@teleport.com)
Subject: FW: Portland OR March Against Police Brutality Oct 24
Date: Tue, 13 Oct 1998 17:17:16 -0700

I thought those of you who think busting dying and suffering patients
for using medical marijuana is police brutality may be interested.

Rick Bayer


-----Original Message-----
From: Portland Copwatch [mailto:copwatch@teleport.com]
Sent: Tuesday, October 13, 1998 4:23 PM
To: Portland Copwatch
Subject: Portland OR March Against Police Brutality Oct 24

October 24 Coalition
(working name for:)
Communities United to Stop Police Brutality, Repression and the
Criminalization of a Generation
c/o (503) 236-3065

October 9, 1998

Contact: Dan Handelman or Travis West, 236-3065


An ad-hoc coalition of community members and organizations has planned a
march and rally against police brutality and other issues for Saturday,
October 24. Organizers are calling the march "Communities United to Stop
Police Brutality, Repression, and the Criminalization of a Generation"
after the National Day of Action on October 22. The march in Portland will
begin at 12:00 noon at the corner of NE Martin Luther King Jr Blvd at
Cook, across MLK from the Car Wash. Participants are urged to gather at 11:30

On August 17, the Portland Police used non-lethal shotguns to fire upon
non-violent protesters in Northeast Portland. While Police activity over
the past year has varied from killing civilians to general day-to-day
harassment, this event symbolized the ineffectiveness of "community
policing" and the extent to which Police are out of touch with the Community.

To bring to light the issues of police misconduct in its many forms, as
well as its sinister partner the expanded criminal justice system, groups
and individuals have come together to plan a public march to demand an end
to racist, class-based and other biased treatments by those in power.

The plan involves marching in the streets down MLK to the Burnside Bridge,
ending up at Chapman Square at SW 3rd and Madison. The entire march is
approximately four miles and should take two hours; a short rally at 2 PM
will end the event. Because they expect more than 200 people to
participate, organizers have applied for a march permit, which means,
ironically, that the march has to be led by motorcycle cops who will cut
off traffic as the march proceeds. The group will have its own march
monitors to keep the peace, and a liaison telling the officers what is
going on. "We expect the police to respect the will of the community and
our constitutional rights to free speech," said a spokesperson for the
"October 24 Coalition."

The points which have been agreed upon so far by the coalition are:

1. Police brutality is not acceptable in any form.

2. Portland's Police Review Board needs more independent
oversight powers.

3. The practice of creating mandatory minimum sentences for victimless
crimes and the locking up of young people has got to stop.

Specific demands will be further discussed as October 24 nears, but one
demand will center around the prohibition of the "less-than-lethal"
shotguns for use as crowd control.

The October 24th Coalition, organizing this event, includes:

Travis West, victim of the "beanbag" shotguns on Aug 17; Portland;
Copwatch; Amnesty International Group 48; International Socialist
Organization; PCC Students Against Violence, Portland Anarchist Black
Cross, SPIRIT (Sisters in Portland Impacting Real Issues Together) and
...after 17 years... (prison reform).

Endorsers include CAUSA '98, Jobs with Justice, Liberation Collective,
Freedom Socialist Party, Radical Women, Advocates for
Adrienne Weller and Peace and Justice Works.

Organizations who have expressed interest in planning the
march include Workers' Organizing Committee.

The October 24th Coalition is seeking the participation of people from all
walks of life who are tired of receiving or witnessing unfair treatment by
Portland Police, Multnomah Sheriff's Deputies, the INS, and other law
enforcement agencies.

For more information or to get involved call 236-3065.

Portland Copwatch/People Overseeing Police Study Group
PO Box 42456
Portland, OR 97242
(503) 236-3065 (Office)
(503) 321-5120 (Copwatch incident report line)

Judge Rejects Marijuana Clubs' Defenses (The Associated Press
says US District Judge Charles Breyer has ordered the closure
of the Oakland Cannabis Buyers' Cooperative without a jury trial,
saying he has no authority to decide whether the federal ban
on marijuana is irrational.)

Date: Wed, 14 Oct 1998 11:50:07 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: WIRE: Judge Rejects Marijuana Clubs' Defenses
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)
Pubdate: Tue, 13 Oct 1998
Source: Associated Press
Copyright (c) 1998 Associated Press. All rights reserved.
Author: Bob Egelko


SAN FRANCISCO (AP) -- Medical marijuana clubs cannot fight off a
federal shutdown by claiming the drug is necessary to relieve
patients' pain or save their lives, a federal judge ruled Tuesday.

The ruling by U.S. District Judge Charles Breyer was reported by
representatives of marijuana clubs in Oakland and Marin County,
targets of a Clinton administration lawsuit seeking to close them for
violations of federal laws against marijuana distribution.

Breyer's order allows federal marshals to close the 2,000-member
Oakland Cannabis Buyers' Cooperative on Friday, said Rachel Swain, a
spokeswoman for the clubs.

William Panzer, lawyer for the Marin Alliance for Medical Marijuana in
the city of Fairfax, said the judge did not order that club closed,
but allowed a trial on the narrow question of whether it actually
distributed marijuana on the day that it was under a federal agent's

But Panzer said Breyer rejected the defenses that would allow the club
to operate, including the claim that enforcing the ban on marijuana
violates patients' constitutional right to relieve excruciating pain.
Panzer said he planned to appeal.

Advocates, backed by medical testimony, say only marijuana can make
certain treatments for AIDS and cancer bearable, and ease pain from
glaucoma and other conditions. Longstanding federal law declares,
however, that marijuana has no medical use and cannot be administered
safely under medical supervision.

The clubs sprang up around California after passage of Proposition
215, the November 1996 initiative that allows seriously ill patients
to grow and use marijuana for pain relief, with a doctor's
recommendation, without being prosecuted under state law.

But many of the clubs have been shut down through the efforts of
Attorney General Dan Lungren, who obtained state court rulings
limiting the scope of Proposition 215, and the Clinton
administration's Justice Department, which sued six clubs to enforce
federal laws against marijuana distribution.

Breyer issued an injunction in May prohibiting the six Northern
California clubs from distributing marijuana while the government's
suit was pending. His latest ruling involved the government's motion
to hold the two surviving clubs in contempt of court and require their
immediate closure for violating the injunction.

Breyer concluded he had no authority to decide whether the ban on
marijuana was irrational, Panzer said, reading from the ruling. He
said the judge found that the only legal way to challenge the ban was
to ask the government to lift it, wait for a denial and then go to a
federal appeals court.

The government's position is "absurd, considering that marijuana is
one of the safest substances known to mankind," Panzer said. He said
Congress should not be able to pass a law that prevents judges from
deciding whether a prohibition of a medical treatment is rational.

The clubs also argued that administering marijuana was justified by
"medical necessity," the legal doctrine that allows someone to violate
a law in certain narrow circumstances when it is the only way to
prevent a more serious harm.

But Panzer said Breyer effectively rejected that defense by requiring
the clubs to show that each patient had no alternative, rather than
allowing the clubs to argue to a jury that their screening procedures
admitted only patients who needed marijuana.

Pot Grower Tells Police 33 Plants Were Medicinal (The Sacramento Bee
describes the bust of medical marijuana patient Bob Ames of Rio Linda,
California, for growing more than the two plants Attorney General
Dan Lungren thinks patients should be allowed.)
Link to earlier story
Date: Tue, 13 Oct 1998 20:07:35 -0700 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US CA: Pot Grower Tells Police 33 Plants Were Medicinal 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) Pubdate: 13 Oct 1998 Source: Sacramento Bee (CA) Contact: http://www.sacbee.com/about_us/sacbeemail.html Copyright: (c) 1998 The Sacramento Bee Website: http://www.sacbee.com/ Author: Cynthia Hubert and Ted Bell Bee Staff Writers POT GROWER TELLS POLICE 33 PLANTS WERE MEDICINAL Sacramento police Monday night seized at least 33 marijuana plants as they arrested a Rio Linda man who claims he grows the pot for treatment of a stomach condition. Robert Ames, 36, said he suffers from a gastrointestinal disorder and has a licensed doctor's recommendation affirming his need to smoke marijuana to increase his appetite and help him digest food. But police said they had reason to believe that he was growing the drugs for more than medicinal purposes. Ames said narcotics officers arrived at his mother's home Monday afternoon and told him they had heard he was cultivating marijuana and wanted to investigate. Ames demanded a search warrant. Four hours later, the officers produced one and searched a guest house behind the main home. They found growing plants and arrested Ames, who lives in the guest home, on suspicion of cultivating marijuana. "It's a very sophisticated growing operation," said Sacramento police spokeswoman Michele Quattrin. City police officers conducted the search and arrest even though Ames' home is in county jurisdiction because the initial investigation of the case began inside Sacramento city limits, Quattrin said. The case is one of the first clashes of its kind in the county over California's controversial Proposition 215, the medical marijuana initiative passed by voters in 1996, said Ryan Landers, a local advocate who has challenged law enforcement's handling of such cases. State Attorney General Dan Lungren has restricted ailing pot users to a 30-day supply -- two marijuana plants -- which yields about an ounce of cannabis, or enough pot for about 35 cigarettes. Landers and others contend that the limit is unrealistic for medical purposes. "That's basically one cigarette a day," he said. Landers said five medical marijuana users in Sacramento County previously have been targeted by police for cultivating pot, and three have "backed down after the cops came in, without a search warrant, and scared them." Last year, in the first case of its kind in the county, Richard Hearth of Antelope pleaded no contest to a felony charge of cultivation of marijuana after failing to convince a judge he was using the drug for medicinal purposes. In that case, police found four large marijuana plants in Hearth's yard and about three-quarters of a pound of pot in his home. Meanwhile, the Sacramento City Council has been debating when and where it is acceptable for medical marijuana users to smoke in public. A council committee wants the practice banned within 100 feet of another person or public building, and within 1,000 feet of a school, park or other open or recreational space.

Bob Ames Arrest Report (A first person account by the medical marijuana
defendant himself says Sacramento police stated that their policy is to
arrest all persons caught with marijuana and "let the courts sort it out.")

From: "ralph sherrow" (ralphkat@hotmail.com)
To: ralphkat@hotmail.com
Subject: Fwd: Bob Ames Arrest Report
Date: Wed, 14 Oct 1998 14:29:09 PDT

Subject: MMJ Patient Arrest
Date: 10/13/98

By: Robert Ames (bob@rush.com)

On October 12, Columbus Day, Sacramento Medical Cannabis Patient Robert
Ames, of Rio Linda, was arrested on charges of Cultivation of Cannabis.

When the Sacramento City police knocked on the door they were informed
that Robert Ames is a patient with documentation from a doctor
recommending medical cannabis. Police examined medical documentation
throughout the initial interview. Within 5 minutes of the initial
police contact, after Robert repeatedly showed his doctor's statement,
and explained the law as stated in California Health & Safety Code
Section 11362.5, the officer stated: "I have reason to believe that you
are in compliance with (proposition) 215."

The police stated that they intended to get a search warrant but they
also stated that they would break down Robert's door if he did not open
it immediately. This was several hours prior to obtaining a search
warrant. Robert repeatedly stated to all officers that he was a patient
protected under California Health & Safety Code Section 11362.5.

Later in the evening, the Sacramento City police stated that their
policy is to arrest all persons caught with Marijuana and "let the
courts sort it out."

This detention and arrest took approximately 10 hours prior to the
actual jail time. A large part of this 10 hours consisted of 5 to
7 officers waiting for a search warrant to be served on a legitimate
medical cannabis patient, not a criminal. One important point is
that many medical cannabis patients are citizens with jobs, homes,
and social consciousness. The only difference between these patients
and other citizens is that they have a medical condition that,
according to a doctor, can be alleviated through the use of cannabis.
This was the purpose of the passage of California Health & Safety Code
Section 11362.5. The law allows Californians who obtain a doctors
recommendation for cannabis not to be subject to persecution or

Although the police were immediately and repeatedly provided with
doctor's paperwork, demonstrating compliance with California Health
& Safety Code Section 11362.5, nothing in the search warrant mentioned
anything about 11362.5 or took under consideration that this was a
medical patient with a written doctor's documentation. Although
several of the officers were provided with, and did read, the Oakland
City Council's guidelines concerning reasonable protocols for dealing
with patients apprehended with medical cannabis, they repeatedly stated
that those guidelines don't apply since they're not in Oakland.

The Oakland City guidelines were established using the criteria of the
Federal Government's Investigative New Drug (IND) program, a program
providing medical cannabis, grown on government land in Mississippi
since the 1970's, to 8 patients who are still living. President Bush
ended new patient registration. These two guidelines are the only known
medical, scientifically evaluated guidelines available, nationwide.

Apparently the only guideline established in Sacramento is "2 plants
or 1 ounce", an extremely minimal guideline being promoted by the
Attorney General's Office. For a patient being treated with Cannabis,
this is far below any reasonable amount required, as established by
both the Federal Government's IND program and the Oakland City

Robert was released on his own recognizance just before noon October 13,

Robert will be represented by Joe Farina, who's running for State of
California's Attorney General in the November General Election.
Robert's first court appearance will be on 10/20/98 at 11:AM in
department 8, at 720 9th street, Sacramento.

Robert will be available to meet with members of the media.
Coordination will be by Ryan Landers, 916-448-6442.

'Real Criminals' (A letter to the editor of The Fresno Bee from a criminal
defense attorney and Libertarian candidate for congress says tape recording
police interviews with suspects would save the taxpayers the expense of a lot
of trials, but halting prosecutions of victimless crimes such as using
or selling illegal drugs would save a lot more.)

Date: Wed, 14 Oct 1998 15:46:58 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: PUB LTE: 'Real Criminals'
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Jo-D Harrison
Pubdate: Tuesday, October 13, 1998
Source: Fresno Bee, The (CA)
Contact: letters@fresnobee.com
Website: http://www.fresnobee.com/
Copyright (c) 1998 The Fresno Bee
Author: Jonathan Richter


I agree with much that Mona Charen writes, but she is way off base on the
Miranda rule.

I am a criminal defense attorney and can tell you from personal experience
that Miranda rarely affects the outcome of a case. Police give the warnings
in almost every case now, as they should. Despite the warnings, most
suspects talk anyway. Most do one of two things. They either confess, or
they tell the stupidest lie on Earth, which, when heard by the jury, is as
good as a confession.

I agree that videotaping interviews is a good idea, but I doubt the police
will go for it. It's amazing how infrequently they even bother with a tape

There are many cases where the police claim that a suspect said one thing
but the defendant claims to have said something else. Many of these cases
go to trial because the defendant claims the cops are lying. Having a
videotape would avoid a lot of trials. If the police are lying, the DA will
dismiss. If the defendant is lying, a look at the tape will convince him to
take a deal.

I question the validity of the study she relies on. A more likely
explanation for the drop in clearance rates is the amount of police time
wasted on victimless crimes like drug use and sales. If the police would
concentrate on catching real criminals like robbers,
rapists and murderers, they would have a higher success rate.

Jonathan Richter Libertarian candidate 19th Congressional District

CIA admits role in cocaine/contra scandal (A list subscriber forwards
the URL for the Central Intelligence Agency's recently released report
inspired by The San Jose Mercury News' "Dark Alliance" series.)
Link to earlier story
Date: Tue, 13 Oct 1998 12:58:44 EDT Errors-To: server-admin@calyx.net Reply-To: dare-list@calyx.net Originator: dare-list@calyx.net Sender: dare-list@calyx.net From: Nicholas Merrill (lists@mojo.calyx.net) To: Multiple recipients of list (dare-list@calyx.net) Subject: CIA admits role in cocaine/contra http://www.odci.gov/cia/publications/cocaine2/index.html Nicholas Merrill http://www.calyx.net Voice: 212-966-1900 Fax : 212-966-3965 President / CEO Calyx Internet Access http://www.calyx.nl 13 Laight St. NYC, NY 10013 Email: nick@calyx.net

Police Lies "Ruined My Life" (The New Zealand Herald says A Kerikeri woman
plans to sue the New South Wales government in Australia after being jailed
for three and a half years on the fictitious testimony of disgraced Sydney
detectives. The NSW Criminal Appeal Court overturned her conviction because
of a detective's confession in 1995 that the case was "straight fiction.")

Date: Mon, 12 Oct 1998 22:55:48 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: New Zealand: Police Lies "Ruined My Life"
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: 13 Oct 1998
Source: New Zealand Herald (New Zealand)
Contact: editor@herald.co.nz
Copyright: (c) New Zealand Herald Website:


A Kerikeri woman plans to sue the New South Wales Government after being
jailed for 3 1/2 years on the fictitious testimony of disgraced Sydney
detectives. Now, 10 years after Suezanne Hayman was sentenced on a drug
importing charge, the NSW Criminal Appeal Court has overturned the
conviction because of a detective's confession in 1995 that the case was
"straight fiction." He told the Commission of Inquiry into Police
Corruption that evidence used to convict her was fabricated and that he and
other officers lied under oath. Suezanne Hayman, aged 48, served 31/2 years
of a six-year sentence, then was deported to New Zealand. "It affected my
children [then 16, 19 and 21] and still does ... I had lived in Australia
for 14 years. My family were there and I had grandchildren there. How
many times was I going to be punished for something I didn't do?"

Two detectives arrested Suezanne Hayman in Sydney in 1986. She denied
conspiring to import heroin from Thailand in 1984. But, she said, the
police produced a confession they claimed she made but refused to sign. "It
was their word over mine and the jury believed them." Suezanne Hayman's two
sons are now in New Zealand, her daughter remains in Australia. The
quashing of the conviction means she is entitled to go back to Australia.
Instead she has briefed a lawyer and is planning to sue the NSW Government.



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