------------------------------------------------------------------- Medical marijuana merely a path to legalization (An op-ed in The Bulletin, in Bend, Oregon, by Deschutes County District Attorney Mike T. Dugan, says Measure 67, the Oregon Medical Marijuana Act, would let people use marijuana if they stub their toes or their wives get the flu.) From: firstname.lastname@example.org Date: Sat, 17 Oct 1998 10:58:31 -0700 (PDT) Subject: DPFOR: Medical marijuana merely a path to legalization To: email@example.com, firstname.lastname@example.org Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: DrugSense http://www.drugsense.org/ Newshawk: Curt Wagoner (email@example.com) Source: The Bulletin (firstname.lastname@example.org) Website: http://www.bendbulletin.com Pubdate: 10-17-98 Section: In my view Page: A Medical marijuana merely a path to legalization By Mike T. Dugan For the Bulletin I believe that it is time for me to weigh in on Ballot Measure 67. Is it really a measure to ensure that medical use of marijuana can be achieved in Oregon, or is it a backdoor means of legalizing marijuana? A close look at the lanquage of the proposed initiative leads to no other conclusion than the latter. This is not a medical bill; this is a legalization proposal. The measure proposes that any person with a "debilitating medical condition" is eligible to receive the "registy identification card" which authorizes the "medical use of marijuana." Let us look at the definition of "debilitating medical condition." This condition exists if a person can convince a doctor that he/she is suffering from "severe pain" (I stubbed my toe last week and had a great deal of severe pain) or they are suffering from "severe nausea". (My wife had the flu last month and it made me nauseous.) "Medical use of marijuana" is so broadly defined that it, in effect, provides carte blanche authority to violate the criminal laws of this state. It would allow the production (manufacture), possession and delivery of marijuana. Of course, only those persons with the magic "card" can so violate the law, but as the law is written it allows any person to manufacture, possess or deliver marijuana so long as they can show a law enforcement officer that they have applied for the card. In those cases where the person does not have the card and has not applied for the card, this law makes it an affirmative defense (an affirmative defense is raised by notice only and must be disproved by the state beyond a reasonable doubt) that the person either could have applied for the card or might have the "debilitating medical condition." Short of this, the law allows any person to raise a defense of "choice of evils." (Choice of evils means that a person must violate a law in order to prevent greater harm, which would occur by not violating the law.) Children are also eligible to receive the "magic card" if only one of the child's parents or legal guardians consents to such. This means that children, persons under the age of 18 years, can manufacture, possess or deliver marijuana without legal consequences. Is it not evident that society should protect its children? Are we to assume that such a child with the "magic card" will make the right decisions and not provide marijuana to his/her friends at school? It appears that the law is vaque on how much marijuana a person can produce, possess or deliver. It says that the person with the "magic card" can have "three mature marijuana plants, four immature plants and one ounce of usable marijuana." But if the card holder has more than this they can raise an affirmative defense to show that the greater amount possessed or manufactured is medically necessary to treat symptoms suffered by the person. One fully mature plant of today's high potency marijuana can be sold for thousands of dollars. Oregon district attorneys are generally opposed to this proposed initiative and believe that it should be defeated in November. I am not opposed to, nor do I believe most district attorneys are opposed to, medically sound treatment procedures for patients with terminal diseases. Self-medication is not the answer. This proposed initiative goes too far This is a back door attempt to legalize marijuana. Should this proposal pass, I believe virtually all criminal investigations and prosecutions for marijuana law violations would cease. I urge close and careful reading of this proposal. In doing so, you will note that it is a bad law. Note: Dugan is Deschutes County district attorney *** Newshawk note: Mike T.Dugan can be reached at: Deschutes County Courthouse, Bend, Oregon 97701. Phone: 541-388-6529, FAX- 541-383-0965,
------------------------------------------------------------------- Re - Medical marijuana merely a path to legalization (A letter sent to the editor of the Bend Bulletin says that, rather than compare proposals for medicinal cannabis regulation to some utopian ideal, presumably a cannabis-free Oregon, we need to compare Ballot Measure 67 to what we have now - teens can obtain cannabis easier than alcohol, but people with incapacitating illnesses can't, or get criminalized if they do.) From: email@example.com (Matt Elrod) To: firstname.lastname@example.org Subject: DPFOR: Sent: Medical marijuana merely a path to legalization Date: Sat, 17 Oct 1998 11:50:41 -0700 Lines: 24 Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: DrugSense http://www.drugsense.org/ To the editor, District Attorney Mike T. Dugan did a fine job of finding fault with Ballot Measure 67, (Medical marijuana merely a path to legalization, Oct 17), but he failed to offer alternatives or explain what exactly is wrong with "legalization". Rather than compare proposals for medicinal cannabis regulation to some utopian ideal, presumably a cannabis-free Oregon, we need to compare Ballot Measure 67 to what we have now, teens consistently reporting that cannabis is easier to obtain than beer while those truly in need of this remarkably benign medicinal herb are forced to support the black market or be criminalized trying. Clearly there is a need for medicinal cannabis and medicinal cannabis regulation. This need will not go away. As long as legislators abdicate cannabis distribution to criminals, they can expect criminal solutions. As long as they abdicate medicinal cannabis distribution to grassroots organizations, they can expect grassroots proposals like Ballot Measure 67. Matthew M. Elrod 4493 [No Thru] Rd. Victoria, B.C. V9C-3Y1 Phone: 250-[867-5309] Email: email@example.com
------------------------------------------------------------------- Conservative Voice Needed, Lim Says (A Salem list subscriber excerpts a Statesman Journal article in which the Republican contender for Oregon Senator Ron Wyden's seat, John Lim, says he supports Measure 67, the Oregon Medical Marijuana Act, and opposes Measure 57, which would recriminalize possession of less than one ounce of marijuana.) Date: Sat, 17 Oct 1998 14:23:35 -0700 From: Paul Freedom (firstname.lastname@example.org) Organization: Oregon Libertarian Patriots To: Cannabis Patriots (email@example.com) Subject: CanPat - R-John Lim Supports 67 and Opposes 57! Sender: firstname.lastname@example.org Conservative Voice Needed, Lim Says Assisted Suicide and Marijuana Merit Moderate Views From the Candidate Statesman Journal Salem, Oregon 10-17-98 by Erin Kelly Statesman Journal Washington - [excerpt] . . . . Lim also supports a statewide ballot initiative that would allow the use of medical marijuana for medical purposes. "If it relieves some of the pain for people with cancer or AIDs, why stop them from using it?" he said, adding that he was the only Republican to vote against a state bill to criminalize possession of less than on ounce of marijuana. "I'm a strong Republican philosophically, but have always been an open an independent thinker," Lim said. "I do what I think is best for the people of Oregon, not just what is good for the party. I'm willing to stand alone."
------------------------------------------------------------------- Oakland Pot Club Gets OK to Stay Open Till Monday (The San Francisco Examiner notes the Oakland Cannabis Buyers' Cooperative received a temporary reprieve Friday when a federal judge granted a stay to keep the dispensary open through Monday.) Date: Sun, 18 Oct 1998 11:09:23 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US CA: Oakland Pot Club Gets OK to Stay Open Till Monday Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: email@example.com (Frank S. World) Source: San Francisco Examiner (CA) Contact: firstname.lastname@example.org Website: http://www.examiner.com/ Copyright: 1998 San Francisco Examiner Pubdate: Sat, 17 Oct 1998 Author: Robert Selna OAKLAND POT CLUB GETS OK TO STAY OPEN TILL MONDAY U.S. judge grants stay of court order to shut permanently OAKLAND -- The Oakland Cannabis Buyers Collective received a temporary reprieve Friday when a federal judge granted a stay to keep the medical pot distributor open through Monday. Just three days earlier, U.S. District Judge Charles Breyer had ordered the club -- made up of 2,200 ailing individuals who have been prescribed marijuana by their doctors -- to be inventoried and padlocked and employees evicted. Lawyers representing the cooperative filed an appeal Thursday which may be heard Monday. Cannabis Buyers Cooperative employees were packing up and readying to close when Executive Director Jeff Jones got word of the stay Friday. "We had plans to go along with the order (to shut down) ..... we are not trying to circumvent the law here," Jones said. Jones noted that while Breyer ruled against the center Tuesday, he has shown some degree of sympathy toward the medical marijuana distributor in the past. "He would have shut us down a long time ago had he not had some compassion ..... but he still has to follow the law," Jones said. Cooperative members arriving to pick up their marijuana Friday were concerned about the possibility of the center closing for good. "Only through this clinic am I able to function and take care of my family," said Cherie Haik, of Concord. Haik, who has fibromyalgia, which causes severe aches and pains, said that on doctor's orders she has been coming to the clinic for the past few months. The mother of two said her doctor previously prescribed narcotics, but they made her feel too "doped up" to do simple household chores. Richard Purington, an Oakland resident diagnosed with AIDS 18 months ago, said he would try to find marijuana through friends if the cooperative were to close. "Without it (pot) I have no appetite, and I get nauseated a lot," Purington said. On Tuesday, Breyer rejected the group's arguments that it had a medical necessity to sell marijuana and found the cooperative in contempt of a May injunction prohibiting the club from distributing pot. The cooperative, along with five similar groups in Northern California, opened in 1996 after state voters approved Proposition 215, allowing for the sale and distribution of medical marijuana. Oakland City Councilman Nate Miley -- who, in August, guided the passage of a local ordinance to deputize cooperative employees as "officers of the city" -- has encouraged the city to declare a state of emergency in the event of a closure. The City Council will vote on the proposal Tuesday. "It (the state of emergency) will not prevent the closing, but it might give the judges something more to think about when considering the appeal," said Miley aide Joe DeVries.
------------------------------------------------------------------- Judge Grants Stay For Cannabis Club (The Orange County Register version) Date: Sun, 18 Oct 1998 11:18:54 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US CA: Judge Grants Stay For Cannabis Club Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John W. Black Source: Orange County Register (CA) Contact: email@example.com Website: http://www.ocregister.com/ Copyright: 1998 The Orange County Register Pubdate: 17 Oct 98 Author: Jordan Lite, AP JUDGE GRANTS STAY FOR CANNABIS CLUB Courts: At the last minute, a jurist says the medical-marijuana facility can stay open until attorneys file with the court of appeals. San Francisco-Hours before U.S. marshals were supposed to shut down an Oakland medical marijuana club Friday, a federal judge issued a stay allowing it to remain open until at least Monday. U. S. District Judge Charles Breyer said the 2,200-member Oakland cannabis Buyers' Cooperative could stay open until attorneys seek an additional stay from the 9th U.S. Circuit Court of Appeals that would allow it to continue to operate. The Justice Department has sued six Northern California clubs to enforce federal laws against marijuana distribution, and Breyer issued an injunction in May prohibiting them from distributing marijuana while the lawsuit was pending. Breyer ruled Tuesday that the Oakland club could have been shut down any time after 5 p. m. because it had violated that order. "Every minute that we're still here we are educating American citizens that we can still do this, "said Jeff Jones, executive director of the club. "We need to destigmatize this issue and continue to educate people on the fact that medical marijuana is a very beneficial substance to a lot of people. " The clubs sprang up in California after passage of Proposition 215, the November 1996 initiative allowing seriously ill patients to grow and use marijuana for pain relief, with a doctor's recommendation, without being prosecuted under state law. Advocates say only marijuana can make certain treatments for AIDS and cancer bearable, and ease pain from glaucoma and other conditions. But federal law says marijuana has no medical purpose and cannot be administered safely, even under medical supervision. Many of California's marijuana clubs have been shut down through the efforts of the Justice Department and Attorney General Dan Lungren, who obtained state court rulings limiting the scope of Prop. 215.
------------------------------------------------------------------- Judge Gives Oakland Pot Club A Three-Day Break on Closing (The San Francisco Chronicle version) Date: Sat, 17 Oct 1998 10:01:43 -0500 From: "Frank S. World" (firstname.lastname@example.org) Reply-To: email@example.com Organization: Rx Cannabis Now! http://www.geocities.com/CapitolHill/Lobby/7417/ To: DRCNet Medical Marijuana Forum (firstname.lastname@example.org) Subject: US CA: Judge Gives Oakland Pot Club A 3-Day Break on Closing Sender: email@example.com Source: San Francisco Chronicle Contact: firstname.lastname@example.org Website: http://www.sfgate.com/chronicle/ Pubdate: October 17, 1998 JUDGE GIVES OAKLAND POT CLUB A 3-DAY BREAK ON CLOSING Oakland sales continue as lawyers ask longer stay Henry K. Lee Chronicle Staff Writer Saturday An Oakland medical marijuana club that had been ordered shut down was granted a three-day reprieve by a federal judge yesterday, just hours before U.S. marshals were to padlock its doors. U.S. District Judge Charles Breyer said the Oakland Cannabis Buyers' Cooperative could remain open until at least 5 p.m. Monday while its attorneys seek an additional stay from the U.S. Court of Appeals in San Francisco. Club advocates hailed the decision by Breyer, the same judge who had called for the club's closure on Tuesday after rejecting arguments by the cooperative that medical marijuana relieves pain and saves lives. ``I think we're getting our due process in court,'' said Jeff Jones, executive director of the 2,200-member club. Drew Steckler, a San Francisco attorney who is representing the club, voiced confidence that the appellate court would grant an appeal. ``We think we have an excellent claim, that irreparable injury will be suffered by patient members of the cooperative -- who need the medicine to stay alive or not suffer pain -- if the stay is not granted,'' Steckler said. Yesterday, customers mobbed the cooperative on Broadway in Oakland's downtown, thinking it was their last day to buy pot brownies, muffins and marijuana in small plastic bags. The club will be open today and Monday, said employee Stacie Traylor. In 1996, California voters approved Proposition 215, which allows the use of marijuana for medical purposes, but federal law -- which supersedes state law -- says marijuana used for any purpose is illegal. In January, the U.S. Department of Justice filed civil lawsuits against six Northern California pot clubs. In May, Breyer issued an injunction banning the six clubs from distributing marijuana pending the federal lawsuit. Of those clubs, two in San Francisco and one in Santa Cruz have closed. Besides the Oakland club, two others, one in Fairfax and one in Ukiah, remain open. (c)1998 San Francisco Chronicle Page A17
------------------------------------------------------------------- Oakland Marijuana Club Is Given Weekend Reprieve (The San Jose Mercury News version) Date: Sun, 18 Oct 1998 19:44:56 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US CA: Oakland Marijuana Club Is Given Weekend Reprieve Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Marcus/Mermelstein Family (email@example.com) Pubdate: Sat, 17 Oct 1998 Source: San Jose Mercury News (CA) Copyright: 1998 Mercury Center Contact: firstname.lastname@example.org Website: http://www.sjmercury.com/ Author: E. Mark Moreno, Mercury News Staff Writer OAKLAND MARIJUANA CLUB IS GIVEN WEEKEND REPRIEVE The Oakland Cannabis Buyers' Cooperative was granted a reprieve by a federal court until Monday, when it may have to close its doors or be forcibly shut down by U.S. marshals. In a ruling earlier this week, U.S. District Judge Charles Breyer found the club in violation of federal law and ordered it closed by 5 p.m. Friday. But hours before the deadline, Breyer agreed to give the club until Monday instead, on condition that its attorneys file a preliminary appeal by 5 p.m. Friday -- which they did. If the 9th Circuit Court of Appeals decides to review the case, it could allow the 2,200-member club to stay open and continue distributing medicinal marijuana until the case is resolved. Attorneys expect to get an answer by Monday. ``For now we're still happy we have the weekend,'' said Drew Steckler, an attorney representing the cooperative. ``At least we can have it open for people who have the necessity'' for pot. But if the appeals court does not extend the deadline Monday, the cooperative on Broadway in downtown Oakland could at any time be raided and shuttered by federal marshals. The Oakland City Council is scheduled to vote Tuesday night on whether to declare a state of emergency that would allow the city to take up the role of providing marijuana to those with painful ailments.
------------------------------------------------------------------- Marijuana Club Gets A Reprieve (The Reuters version in The Houston Chronicle) Date: Sat, 17 Oct 1998 16:23:24 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US CA: Marijuana Club Gets A Reprieve Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: email@example.com Pubdate: Sat, 17 Oct 1998 Source: Houston Chronicle (TX) Copyright: 1998 Houston Chronicle Contact: firstname.lastname@example.org Website: http://www.chron.com/ Author: Reuters MARIJUANA CLUB GETS A REPRIEVE OAKLAND, Calif. -- Hours before California's most prominent medical marijuana club was due to shut its doors, a federal judge Friday allowed it to remain open for a few more days. U.S. District Judge Charles Breyer granted a stay of an injunction he issued earlier this week against the Oakland Cannabis Buyers' Cooperative, allowing the club to remain open until the close of business Monday. Breyer granted the stay after attorneys for the club filed an appeal against his injunction, which ordered the club to close by Friday for violating federal narcotics laws. The Oakland establishment is one of three in California still struggling to distribute the drug under the terms of Proposition 215, the voter-approved state law that legalized medical marijuana use. Breyer said Tuesday that club lawyers had failed to demonstrate that enforcing a federal ban on marijuana distribution would violate the constitutional right of sick people to relieve excruciating pain. Boasting some 2,000 members and offices that resemble a pharmacy, the Oakland cooperative has been repeatedly praised by health officials as one of the most responsible marijuana distribution organizations to emerge since voters passed the state law in 1996.
------------------------------------------------------------------- Marvin Chavez in Court Monday, October 19 (A local correspondent says James Silva, the attorney for the founder of the Orange County Patient, Doctor, Nurse Support Group, is going to ask Judge Frank Fasel to reconsider not allowing a Proposition 215 defense during a hearing at the Orange County Courthouse in Santa Ana.) From: FilmMakerZ@aol.com Date: Sat, 17 Oct 1998 16:50:59 EDT Subject: Marvin Chavez in Court Monday, October 19 Marvin Chavez will be in court again on Monday, October 19. James Silva, Marvin's attorney, is going to ask Judge Frank Fasel to reconsider allowing him a 215 defense. Supporters will gather at 7:00 am at the Orange County Superior Courthouse, 700 Civic Center Dr. W., Santa Ana. Marvin's hearing begins at 9:00am in front of Judge Frank Fasel, 10th floor, division 41. Please come if you are able. Marvin's case is almost ready to be heard by a jury and we would appreciate all the support we can get.
------------------------------------------------------------------- State won't count marijuana vote - Petitions for drug's use as legal medicine short of signatures (The Rocky Mountain News says Colorado Secretary of State Vikki Buckley ruled Friday that there weren't enough valid signatures for a medical marijuana initiative to be on the ballot, even though it is. Buckley accepted 51,904 signatures and rejected 36,911, saying the campaign fell 2,338 signatures short. "We will be checking every bit of work that she did to make sure there aren't massive errors like we found before," said Luther Symons, a spokesman for Coloradans for Medical Rights.) Date: Sat, 17 Oct 1998 09:06:01 -0600 (MDT) From: ammo (email@example.com) To: "DRCTalk Reformers' Forum" (firstname.lastname@example.org) Subject: AMR's Colo. Petition Falls Short (Officially) Reply-To: email@example.com Sender: firstname.lastname@example.org Rocky Mountain News October 17, 1998 State won't count marijuana vote Petitions for drug's use as legal medicine short of signatures By John Sanko Rocky Mountain News Capitol Bureau * It's official. Coloradans won't get to vote Nov. 3 on whether to use marijuana as a medicine. The on-again, off-again ballot proposal is off, even though it will be printed on everyone's ballot. Election officials just won't tabulate the votes. Using an extra 24 hours granted by the Colordo Supreme Court, Secretary of State Vikki Buckley ruled Friday that there weren't enough valid signatures for the medical marijuana proposal to be on the ballot. A line-by-line check ordered by the court revealed the petitions lacked the required 54,242 signatures of registered electors, Buckley said. She said the petitions fell 2,338 signatures short. Buckley accepted 51,904 signatures and rejected 36,911. The proposal would have allowed Coloradans with "debilitating medical conditions" such as cancer, AIDS or glaucoma to use marijuana if a doctor believed it might help. Supporters were stunned by the news. But they said the fight might not be over. "We will be checking every bit of work that she did to make sure there aren't massive errors like we found before," said Luther Symons, a spokesman for Coloradans for Medical Rights. "Should we find any legal basis for challenging this ruling, for example that she made a large number of errors, we will pursue all of our legal remedies. We will be carefully checking anything and everything. That effort will begin immediately." Opponents were cheered. Citizens Against the Legalization of Marijuana virtually had shut down in August after Buckley said a random sampling showed the petitions lacked sufficient signatures. "That's very good news for the people of Colorado and especially the youth of Colorado," said retired prosecutor Roger Allott, who co-chairs the opposition group with Arapahoe County Sheriff Pat Sullivan. Allott said opponents, including prosecutors, law enforcement authorities, health officials and church groups, had been gearing up to make a round of speeches if the measure was placed back on the ballot. "This would have increased the potential for children to use marijuana if it passed," Allott said. "That would have been a very grim outlook for Colorado and the kids." After Buckley's initial ruling in August, supporters went to court, complaining that signature counters had done shoddy work. Buckley conceded some errors had been made. Denver District Court Judge Herbert Stern on Sept. 10 ordered the measure placed on the ballot. But the Colorado Supreme Court intervened Oct. 5, ordering that Buckley make a line-by-line counting. The court initially gave Buckley 10 days to complete the job, but tossed in an extra 24 hours Thursday when she said she couldn't get enough temporary workers in time. Because the issue already is on the ballot, the court ruled that votes would not be counted if it lacked sufficient signatures. Ric Bainter, Buckley's Democratic opponent, sharply criticized the GOP officeholder's handling of the matter and other issues. "It's just a tragedy this thing is continuing to drag on and there's uncertainty in the process," Bainter said. "The whole process is too important to be mismanaged like this." *** Rocky Mountain News 400 W. Colfax Denver, CO 80204 Phone: (303) 892-5000 Fax: (303) 892-5499 Email: email@example.com Web: www.denver-rmn.com *** Re-distributed by: Colorado Citizens for Compassionate Cannabis P.O. Box 729 Nederland, CO 80466 Phone: (303) 448-5640 Email: firstname.lastname@example.org Web: http://www.levellers.org/cannabis.html
------------------------------------------------------------------- Pot-Initiative Signatures Ruled Insufficient (The Denver Post version) Date: Sat, 17 Oct 1998 16:27:54 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US CO: Pot-Initiative Signatures Ruled Insufficient Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Citizens for Compassionate Cannabis (email@example.com) Pubdate: Sat, 17 Oct 1998 Source: Denver Post (CO) Copyright: 1998 The Denver Post Contact: firstname.lastname@example.org Mail: 1560 Broadway, Denver, CO 80202 Fax: (303) 820-1369 Website: http://www.denverpost.com/ Author: Ann Schrader, Denver Post Medical/Science Writer POT-INITIATIVE SIGNATURES RULED INSUFFICIENT Oct. 17 - Secretary of State Vikki Buckley ruled Friday that there are insufficient signatures for a Nov. 3 ballot measure that would allow people with debilitating medical conditions to use marijuana. Proponents vowed to explore all legal avenues to keep the issue alive, but for now votes cast for Amendment 19 next month will not count. Buckley ruled that petitions submitted by supporters fell 2,338 votes short of qualifying. Amendment 19 will still appear on the ballot, which was printed several weeks ago. The state Supreme Court, which got involved when Buckley appealed a district court ruling, directed Buckley on Oct. 5 to count votes cast for the initiative "if and only if'' she had determined there were a sufficient number of signatures. Buckley said Friday that 51,904 of the 88,815 submitted signatures were valid, falling short of the required 54,242. Reasons for throwing out signatures included not being able to find the signer on voter registration rolls, addresses that didn't match the signers', use of post office boxes instead of home addresses, failure to sign, no signing date listed, people who signed more than once, illegibility and people who registered to vote after signing the petition. "We remain in this really weird limbo,'' said Luther Symons, a spokesman for the proponents, Coloradans for Medical Rights. "What really concerns me is voters will think their votes for Amendment 19 won't count. We encourage voters to cast their ballots for the issue.'' Symons said the group will immediately begin to review Buckley's work for errors. "Should we find any reason to believe that she has not accurately counted the signatures, we will pursue all of our legal remedies so this question can come before the voters,'' he said. Buckley's opponent in the upcoming election, Ric Bainter, called the situation "somewhat of a tragedy.'' "Both sides were put through this tortured process,'' Bainter said. "Now it's less than three weeks before the election and this still isn't decided.'' Bainter noted that two other initiatives - parental notice for minors seeking abortions and term limits - also got on the ballot "by default.'' On Oct. 5, Buckley began a line-by-line review of the 88,815 signatures on petitions seeking to put the medicinal marijuana measure on the ballot. The state Supreme Court gave Buckley 10 days to do the recount. Buckley was supposed to have completed the review Thursday but asked the high court for a 24 hour extension because she couldn't hire enough temporary workers to do the work. The court pushed aside an objection by Coloradans for Medical Rights, which said another delay was "absolutely intolerable.'' The state Supreme Court got involved after Buckley filed an appeal of a Denver District Court ruling. Judge Herbert Stern had ordered Sept. 11 that the measure be put on the ballot unconditionally after Buckley conceded in a Sept. 4 hearing that her random sampling of signatures had been inaccurate. On Aug. 6, after using a random sampling technique, Buckley ruled that only 47,960 of the 88,815 signatures were valid - short of the 54,242 signatures needed. "At this point, we're going to check the validity of her work,'' Symons said Friday. "Given our history with the secretary of state's office, we are far from trusting.'' Symons said the signature shortfall is "a very tiny margin - just 6 percent short. Last time we checked her work, we found 11 percent to 12 percent errors.'' The proponents began the work Friday night, although Buckley's office handed over data on only 10,882 of the submitted signatures. The remainder was promised to be ready Monday. "From a political standpoint, we will move forward as though this ruling hadn't happened. We won't stop the campaign,'' Symons said.
------------------------------------------------------------------- Pot Called State's 4th Largest Cash Crop (The Rocky Mountain News in Denver, Colorado, summarizes the new crop report released Thursday by the National Organization for the Reform of Marijuana Laws.) Date: Sun, 18 Oct 1998 11:01:03 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US CO: Pot Called State's 4th Largest Cash Crop Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Citizens for Compassionate Cannabis (email@example.com) Pubdate: Sat, 17 Oct 1998 Source: Rocky Mountain News (CO) Contact: firstname.lastname@example.org Website: http://insidedenver.com/news/ Copyright, Denver Publishing Co. POT CALLED STATE'S 4TH-LARGEST CASH CROP Colorado growers produce about $140 million a year in marijuana, making the illegal plant the state's fourth-largest cash crop, the National Organization for the Reform of Marijuana Laws said Thursday. The figures are contained in NORML's 1998 Marijuana Crop Report, which evaluates marijuana production, value and eradication efforts in the U.S. The figures are based on Drug Enforcement Administration information gleaned from the public record, said Allen St. Pierre, executive director of NORML in Washington, D.C. "The problem with the figures is that unless (marijuana) is a regulated and taxed product, no one knows for sure how much is out there," he said. DEA spokesman Mark Holm declined to discuss the NORML report, saying he isn't familiar with the methodology. "Unless you are familiar with their methodology, you really have a difficult time commenting on the validity of their study," he said. NORML's report says the retail price of marijuana in Colorado is $288 an ounce. St. Pierre said most of the production is in small garden plots or in homes, much of it by users. Marijuana ranks behind hay, wheat and corn as cash crops in Colorado and in the United States as a whole, NORML said. Nationally, marijuana growers harvested at least 5.5 million pounds, NORML said. That amount would be worth $15.1 billion to growers and $25.2 billion in the street market. The nonprofit research organization, which has been active for nearly 30 years, advocates taxing and regulating the drug. NORML said the bulk of the enforcement efforts are directed at eradicating "ditch weed," a wild-growing variety of hemp that has little value to pot smokers because of its low potency. "That's simply not true," said Holm of the DEA. "That's not being harvested for sale. We're interested in the highly cultivated plants that are sold for consumption." Rocky Mountain News Staff Writer Michael O'Keeffe contributed to this report.
------------------------------------------------------------------- Drug Sting Called Illegal (According to The Des Moines Register, a law professor says an Iowa State Patrol sting operation in eastern Iowa that caught 100 people on drug and weapons charges might have been unconstitutional. Four signs reading "Narcotics Enforcement Ahead" were erected along Interstate 80 near Wilton earlier this week. Plainclothes officers then watched as drivers stopped to dispose of marijuana, cocaine and methamphetamine in waste cans at a rest area.) Date: Sun, 18 Oct 1998 11:11:54 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US IA: Drug Sting Called Illegal Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Carl Olsen Source: Des Moines Register (IA) Contact: email@example.com Website: http://www.dmregister.com/ Copyright: 1998, The Des Moines Register. Pubdate: Sat, 17 Oct 98 Author: Jason Clayworth DRUG STING CALLED ILLEGAL The State Patrol arrested motorists along Interstate 80. A law professor says an Iowa State Patrol sting operation in eastern Iowa that caught 100 people on drug and weapons charges might have been unconstitutional. For the operation, Trooper Robert Smith of the patrol's Cedar Rapids post said, four signs reading "Narcotics Enforcement Ahead" were erected along Interstate 80 near Wilton earlier this week. Smith said plainclothes officers then watched as drivers stopped to dispose of marijuana, cocaine and methamphetamine in waste cans at a rest area. Others got out of their cars to put guns in the trunk. The operation involved 25 law enforcement officers, three dog units and an airplane monitoring drivers from overhead. Smith said nearly 250 motorists were stopped from Tuesday through Thursday. About 100 of them were arrested. But Jim Tromkovicz, a professor at the University of Iowa, said a judge could rule that the tactic amounts to an illegal search and seizure. "I don't think if (motorists) pulled over at the side of the road, that gives the officers the right to search their car," Tromkovicz said. He acknowledged that a driver who pulled over after seeing the sign might arouse suspicion but said police need more of a reason to make a stop. Smith said the tactic has been used effectively by law enforcement officials in Des Moines and Council Bluffs. Randall Wilson, legal director for the Iowa Civil Liberties Union, said the signs create a situation in which drivers can appear guilty. "It makes a person panic regardless if they're innocent or guilty," he said.
------------------------------------------------------------------- Foster Parent Prospect Has Hard Time Explaining Marijuana Pipe (The Evansville Courier version of yesterday's cautionary tale about the man from Glen Carbon, Illinois, who was arrested on his way to an adoption hearing at the Madison County courthouse. Wesley Earl Lowry made it through a rigorous process to win approval as an adoptive father, but now he suddenly needs drug rehab to keep the kids.)Date: Sun, 18 Oct 1998 07:35:30 -0700 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US IL: Foster Parent Prospect Has Hard Time Explaining Marijuana Pipe Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Patrick Henry (firstname.lastname@example.org) Source: Evansville Courier (IN) Contact: email@example.com Website: http://courier.evansville.net/ Copyright: 1998 The Evansville Courier Pubdate: Sat, 17 Oct 1998 Author: AP FOSTER PARENT PROSPECT HAS HARD TIME EXPLAINING MARIJUANA PIPE EDWARDSVILLE, Ill. - He passed strict tests to become a foster parent. He made it through a rigorous process to win approval as an adoptive father. But on Thursday, just as Wesley Earl Lowry was on his way with his wife to finalize the adoption of their two foster children in Madison County court, sheriff's deputies say he failed one last test: the courthouse metal detector alerted authorities to the marijuana pipe they say was in his suit coat. According to police reports, Lowry, 34, of Glen Carbon, voluntarily handed over the metal pipe. But he looked nervous, so a deputy searched him and found 4.9 grams of marijuana. Lowry was charged with misdemeanor possession of marijuana or drug paraphernalia and released on $200 bond. The adoption hearing was postponed. Although adoption officials say the arrest causes them "grave concern," the children - ages 4 and 6 - will remain in Lowry's home for now, said Mike Sakolsky, the child welfare director for Catholic Charities of Springfield. They have lived with Lowry and his wife for two years. The agency placed the children for adoption under a contract with the state Department of Children and Family Services and planned a full review of Lowry's adoption petition. His attorney, Barbara Joiner of Edwardsville, said she still hoped to salvage the adoptions. She said that if Lowry gets drug counseling, it might persuade the Illinois Department of Children and Family Services to proceed with the adoptions. DCFS spokesman Maudlyne Ihejirika said the Lowrys were screened before being allowed to host foster children and that no problems had been found. Sheriff's Capt. Don Bridick said Lowry's arrest marked the sixth time in five weeks that deputies have found drugs or drug paraphernalia on courthouse visitors. "You can't fix stupidity," he said. "Anybody in their right mind wouldn't walk into the courthouse with a pipe."
------------------------------------------------------------------- Former IBM Exec Jailed For Pot Operation (The Associated Press says Anthony Santropietro of Long Hill, New Jersey, was convicted of growing 247 marijuana plants in the basement of his home, as well as possession of mushrooms with intent to sell, and was sentenced to four years in prison.) Date: Sun, 18 Oct 1998 07:41:00 -0700 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US: Wire: Former IBM Exec Jailed For Pot Operation Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Patrick Henry (firstname.lastname@example.org) Pubdate: Oct 17, 1998 Source: Associated Press Copyright: 1998 Associated Press. FORMER IBM EXEC JAILED FOR POT OPERATION NEWARK, N.J. (AP) - A retired IBM executive must spend four years in prison for operating a marijuana-growing business from his basement. Anthony Santropietro was growing 247 marijuana plants in a sophisticated hydroponic garden in the basement of his Long Hill home. He pleaded guilty in May to possession of narcotics, and possession of psychedelic mushrooms with intent to distribute. Santropietro will have to forfeit about $20,000 worth of lighting and other high-tech gardening equipment police seized from his house.
------------------------------------------------------------------- DC To Decide On Marijuana Legalization (The Washington Post finally acknowledges Initiative 59, which would legalize the possession, use, cultivation or distribution of marijuana if recommended by a physician for illnesses such as AIDS, cancer or glaucoma. It also would require the city to provide for the "safe and affordable" distribution of marijuana to Medicaid patients and other poor people whose doctors recommend it. Both of the city's mayoral candidates favor the measure, as do a majority of DC Council members, but US Representative Robert L. Barr Jr., a Republican from Georgia, attached an amendment to the fiscal 1999 DC budget forbidding the city to use any funds to conduct a vote.) Date: Sat, 17 Oct 1998 16:32:35 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US DC: D.C. To Decide On Marijuana Legalization Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: email@example.com (Frank S. World) Source: Washington Post (DC) Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm Website: http://www.washingtonpost.com/ Copyright: 1998 The Washington Post Company Pubdate: 17 Oct 1998 Author: Julie Makinen Bowles Washington Post Staff Writer Section: Page B01 D.C. TO DECIDE ON MARIJUANA LEGALIZATION Initiative 59 Would Allow Use for Medical Purposes When Jim Fairchild's partner was dying of AIDS eight years ago, the gravely ill man smoked marijuana to help increase his appetite. "We grew it in the back yard. We didn't sell it to anybody; it didn't hurt anybody," said Fairchild, who lives on Capitol Hill. "It helped. If people are suffering, what's so wrong about it?" Plenty, says Louise Davis, a drug treatment counselor in the District who has glaucoma - a condition that some doctors say can be eased by marijuana. "I use eyedrops, and they do me just fine. I don't need to go smoke marijuana. Legalizing it would cause trouble." Come Nov. 3, Fairchild and Davis will make their convictions known at the ballot box, as D.C. voters decide whether to make it legal for seriously ill people to use marijuana for medical reasons. The question was placed on the ballot last month after activists gathered more than 17,000 signatures from people registered to vote in the District and fought the city's elections board in court to get their petitions validated. The measure, known as Initiative 59, would legalize the possession, use, cultivation and distribution of marijuana if "recommended" by a physician for illnesses such as AIDS, cancer and glaucoma. It also would require the city to provide for the "safe and affordable" distribution of marijuana to Medicaid patients and other poor people whose doctors recommend it. The District is just the latest stage for the decades-long debate over marijuana and efforts to decriminalize it. Voters in Alaska, Arizona, Oregon, Colorado, Nevada and Washington state will consider marijuana initiatives this year. California approved a measure in 1996, touching off a mini-war between pot-growing clubs there and U.S. officials who say they're violating federal, if not state, laws. Federal-local tensions over the issue are similarly high here, thanks to the District's role as the nation's capital. Rep. Robert L. Barr Jr. (R-Ga.) has tried to block a vote on Initiative 59 by attaching an amendment to the fiscal 1999 D.C. budget forbidding the city to use any 1999 funds to conduct a vote on reducing penalties associated with marijuana. Ken McGhie, general counsel to the D.C. Board of Elections, said ballots including the marijuana question have already been printed. But Barr's amendment would create "a limitation in terms of using people on the payroll for things like certifying the results," he said. Organizers of the initiative say they are proceeding as if the vote is still on, but they have pledged to take the matter to court if necessary. "We've come so far and fought so long for this that we will not be stopped," said Wayne Turner, who has been working on the initiative for more than a year. "Congress has never overturned a vote of the people. We will go to court and say . . . this violates the Constitution." Although the initiative has drawn opposition in Congress, it appears to have substantial support within the city, which is heavily Democratic. Mayoral candidates Carol Schwartz (R) and Anthony A. Williams (D) favor the measure, as do a majority of D.C. Council members, including Chairman Linda W. Cropp (D), Kathy Patterson (D-Ward 3), Jack Evans (D-Ward 2), Kevin P. Chavous (D-Ward 7), Charlene Drew Jarvis (D-Ward 4), David Catania (R-At Large) and Hilda H.M. Mason (Statehood-At Large). Officials at the Whitman-Walker Clinic, the city's largest provider of AIDS-related services, have endorsed it as well. There is local opposition to the measure in neighborhoods where drugs and violence are major concerns. Council member Sharon Ambrose (D-Ward 6) has said she cannot support the initiative because many people in her ward, which runs from Capitol Hill to Anacostia, believe any attempt to legalize marijuana will exacerbate the problem of open-air drug markets. Hannah Hawkins, who runs the Children of Mine community center in Southeast Washington, is urging people to vote "no" on the initiative. "The voters will be playing right into the drug addicts' hands if they approve this," Hawkins said. "I'm out here every day dealing with the effects of drugs. . . . The average voter isn't intelligent enough to decide these things. That's why we have the Food and Drug Administration." Sandra Lee, 46, of Northeast, said she would feel more comfortable with the measure if it required doctors to actually prescribe marijuana - not just recommend it - and if patients could get it only at a pharmacy. "If they had a clinic or a doctor's office where you could get it, that would be good," Lee said. "But making it legal to get on the street? . . . You have to think of the crime and violence problem, too." Of course, the initiative has support from people who think all drugs should be legal. "I'm all for it," said Marty Martinez, 44, of Northwest. "I think drugs should be legalized, period. It takes the criminal element out of it." But others see a middle ground, saying marijuana can be decriminalized for medical purposes without opening the floodgates to making all drugs legal. "They said the same thing about the lottery -- that it would bring in organized crime and all kinds of other gambling," said Dawn Robinson, 33, of Northwest. "I don't think we need to be guided by paranoia and fear. . . . Marijuana isn't like crack or something that really affects people's behavior." Marijuana is the most commonly used illicit drug in the United States, according to the National Institute on Drug Abuse. Nearly 70 million Americans reported in 1996 that they had tried it at least once, according to a survey by the institute. But although use is common, criminal penalties in the District are light, and few people are convicted on marijuana charges. Under D.C. law, one of the most liberal in the country, a person arrested for selling marijuana can be charged only with a misdemeanor, punishable at most by a year in jail and a $10,000 fine. Simple possession carries a maximum fine of $1,000, and first-time offenders are eligible for probation. Last year, D.C. courts recorded 313 convictions on marijuana-related charges; 231 of those were for possession. In 1996, there were 216 convictions in total; in 1995, there were just 140. Court officials said they could not recall any case in which a defendant claimed a medical defense, but supporters of the initiative say fear of prosecution discourages many people who could benefit from marijuana from using it. "There is fear not only of the Metropolitan Police Department and all the other police agencies in D.C. but also the U.S. attorney's office," said Eric Sterling, president of the Criminal Justice Policy Foundation, which supports reform of drug laws. "People recognize they have no protection if trying to use marijuana for medical purposes." Among physicians, there is no consensus on medical marijuana. Michael Gambello, 35, a physician who works at the National Institutes of Health and lives in Kalorama, said he supports the initiative. "Doctors should be allowed to make the decisions they went to medical school to learn how to make," he said. Douglas Gaasterland, a glaucoma specialist in the District, sees it differently. "As a physician, I'm very concerned about people trying to achieve 'medical progress' through votes of the general public," he said. Gary DeSimone, a staff physician at Whitman-Walker, said four or five of his 300 or so patients with HIV smoke marijuana to stimulate their appetites or reduce nausea caused by medicines. He said that his patients have found marijuana "on their own" and that he views it as a "treatment of last resort for a very small subset of the population." Unlike some of the medical marijuana campaigns in California and elsewhere that have been spearheaded by groups bankrolled by tycoons such as George Soros, the D.C. effort is being run on a bare-bones budget by Turner with help from the D.C. Green Party and Whitman-Walker. The campaign has attracted groups that advocate legalizing marijuana outright, but Turner has tried to distance himself from them. "We didn't do all this work just to promote marijuana," said Turner, whose partner, Steve Michael, died of AIDS in May. "We did this to protect the patients."
------------------------------------------------------------------- Government medical marijuana patients (A San Francisco Bay area activist does a little research and finds the names of seven of the eight American patients who receive medical marijuana from the US government's Compassionate Investigational New Drug program, discontinued in 1992 by the Bush Administration as a horde of starving AIDS patients swamped the bureaucracy with applications.) From: "ralph sherrow" (firstname.lastname@example.org) To: email@example.com Subject: Government medical marijuana patients: Date: Sat, 17 Oct 1998 13:49:40 PDT Ok, boys and girls let's see what you can do with this one. Government medical marijuana patients: There were never more than 15 patients at any given time. Here is a list of the remaining eight. Patients in order of date of approval: 1 Robert Randall 1977 Florida 2 Irvin Rosenfield 1983 Florida 3 Elvy Musikka 1988 Florida (first woman patient to be approved) 4 Correen Millet 1988 or 89 right after Elvy. Nebraska 5 George McMahon 1990 Iowa 6 Barbara Douglas 1991 Iowa 7 Chris Sandusky ? ? 8 ? nobody knows, not even the other patients, except maybe Robert Randall, because he says there are eight. So he must know who. Can we find out who the 8th patient is? Someone said they are dead. Here are two more that were approved for the program, but never received their medicine from the government. 1 Jackie Rickert Wisconsin 2 Ladd Huffman Iowa Ralph
------------------------------------------------------------------- Drug Cartel Hitmen Admit Killing Cardinal In Mexico (The Examiner, in Ireland, says Adolfo Marin Cuevas and Carlos Garcia Martinez told a United States district court in San Diego, California, yesterday, that they had been recruited in San Diego as hitmen for the Tijuana-based Arellano Felix drug cartel. As part of a guilty plea to conspiring to distribute cocaine and marijuana, the two allegedly admitted they were taking part in a hit on a rival drug dealer when Roman Catholic Cardinal Juan Jesus Posadas Ocampo and six other people were shot to death outside a Guadalajara airport in 1993 - whether by accident or design isn't clear.) Date: Sun, 18 Oct 1998 17:11:26 -0700 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: Mexico: Drug Cartel Hitmen Admit Killing Cardinal In Mexico Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Martin Cooke (firstname.lastname@example.org) Pubdate: Sat, 17 Oct 1998 Source: Examiner, The (Ireland) Contact: email@example.com Website: http://www.examiner.ie/ Copyright: Examiner Publications Ltd, 1998 DRUG CARTEL HITMEN ADMIT KILLING CARDINAL IN MEXICO Two gangsters yesterday admitted working as hitmen for a drugs cartel and having a role in the killing of a Roman Catholic cardinal in Mexico. Adolfo Marin Cuevas (32) and Carlos Garcia Martinez (28) made the admission in the United States district court in San Diego, California, as part of a guilty plea to conspiring to distribute cocaine and marijuana, according to a statement issued by interim US Attorney Charles G La Bella. Marin and Garcia, working as hit men for the Tijuana-based Arellano Felix drug cartel, were "participating" in the shooting of a rival drug dealer when Cardinal Juan Jesus Posadas Ocampo and six other people were shot to death outside Guadalajara airport, La Bella said. Their exact role was not revealed and sentencing was adjourned until January 6. Federal authorities said the San Diego "hit squad" was instructed to kill Joaquin "Chapo" Guzman Loera, a rival drug kingpin, at the Guadalajara airport in 1993. Guzman escaped, but the shootout in the parking lot killed seven people including the cardinal, who was sitting with his driver in a car parked in front of Guzman's armoured Buick. Authorities had said they were not sure whether the cardinal also was targeted because of his public stance against the drug cartels in Mexico or just caught in the crossfire. A federal indictment in February alleged that the Arellano Felix drug smuggling gang recruited and used 10 gang members from San Diego to assist in protection and enforcement for at least six years. Ramon Eduardo Arellano Felix, Benjamin Arellano Felix and two other brothers control the major routes funnelling cocaine, marijuana and other drugs into the United States across the California-Mexico border, federal authorities said yesterday. The Mexican authorities have sought the brothers since the Roman Catholic cardinal's death in 1993. -------------------------------------------------------------------
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