-------------------------------------------------------------------
Oregon Measures 57 and 67 - Update (A list subscriber says pollster
Tim Hibbitts has declared yesterday's referendum on recriminalizing marijuana
a loser, with more than two-thirds of voters opposed at last count, and the
Oregon Medical Marijuana Act a winner, with the tally at 55 percent
to 45 percent so far.)
Date: Wed, 04 Nov 1998 06:00:57 -0800
From: Paul Freedom (nepal@teleport.com)
Organization: Oregon Libertarian Patriots
To: Cannabis Patriots (Cannabis-Patriots-L@teleport.com)
Subject: CanPat - Oregon 57&67!-Update
Sender: owner-cannabis-patriots-l@smtp.teleport.com
These have both been declared by Tim Hibbitts the Portland pollster who is
rarely wrong.
PF
Here's the latest 5:50AM PST -WED
Measure 57 would have recriminalized marijuana
Marijuana Penalties
1,144 of 2,194 precincts reporting (52%)
No 182,688 67%
Yes 89,929 33%
Measure 67 Allows Medical Marijuana
1,148 of 2,194 precincts reporting (52%)
Yes 181,825 55%
No 150,714 45%
-------------------------------------------------------------------
Recriminalization Of Marijuana Defeated, Medical Use Measure Leading
(The Associated Press summarizes yesterday's two election victories
for Oregon reformers, who raised $636,000 compared to "less than $300,000"
by law enforcement officials.)
Date: Wed, 4 Nov 1998 01:47:46 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: Wire: MMJ: Recriminalization Of Marijuana Defeated,
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Olafur Brentmar
Pubdate: Wed, 4 Nov 1998
Source: Associated Press
Copyright: 1998 Associated Press.
Author: JEFF BARNARD
RECRIMINALIZATION OF MARIJUANA DEFEATED, MEDICAL USE MEASURE LEADING
PORTLAND, Ore. (AP) - Oregonians on Tuesday strongly rejected a measure to
restore jail time for small amounts of marijuana and appeared ready to
legalize pot as a medicine for serious illnesses.
With 14 percent of precincts reporting, Measure 57 was defeated 67 percent
to 33 percent, and Measure 67 was leading 54 percent to 46 precent.
Oregon is one of a handful of states across the country voting to allow
people with terminal and debilitating illnesses to grow and use marijuana
with a doctor's prescription to ease their symptoms.
``For our youth, it's the perfect message that drugs have their purpose,''
said Stormy Ray, who smokes marijuana to control the symptoms of multiple
sclerosis.
``Oregon voters appear to be choosing compassion,'' said Dr. Rick Bayer,
one of the chief backers of medical marijuana. ``It appears that a majority
of Oregonians recognize that dying and suffering patients should not be
arrested for using medical marijuana under their doctor's supervision.''
Those campaigning to legalize the medical use of marijuana were the primary
opponents of Measure 57. They raised $636,000 to pass Measure 67 and defeat
Measure 57.
An array of law enforcement backers raised less than $300,000 to defeat
medical marijuana and pass the restoration of criminal penalties.
``Without money to get our message out there, voters voted with their
hearts and not the facts,'' said Jennifer Hudson of Oregonians Against
Dangerous Drugs. ``That's why we feel they will regret it when the
implications of this measure become apparent to them.''
Hudson said if the medical marijuana measure passed, she hoped the
Legislature would amend it to keep pot away from children, force
distribution to go through pharmacies and limit the amount people can
possess.
-------------------------------------------------------------------
Medicinal Marijuana Gains Support (A list subscriber forwards a different
Associated Press roundup, noting the reporter who quotes him in the article
told him Measure 57, which would have recriminalized possession of less than
one ounce of marijuana, was defeated in every one of Oregon's 36 counties.)
From: LawBerger@aol.com
Date: Wed, 4 Nov 1998 19:26:08 EST
To: ocdla-list@pond.net, dpfor@drugsense.org, nlc@norml.org
Subject: DPFOR: Fwd: Medicinal marijuana Gains Support
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/
The most amazing thing is that recrim (57) was defeated in each of the 36
Oregon counties (per the ap author of this story, and, indirectly, Bill
Zimmerman @ AMR)
Lee Berger
Portland
***
From: AOLNews@aol.com
Subject: Medicinal marijuana Gains Support
Date: Wed, 4 Nov 1998 08:19:45 EST
Medicinal marijuana Gains Support
By The Associated Press
Oregon voters rejected a campaign to send small-time marijuana users to jail
and appeared ready to join voters in Alaska, Arizona, Nevada and Washington
state in approving medicinal uses for pot.
``I think people are tired of building jails and prisons,'' said Lee Berger,
an Oregon attorney who defends people facing charges for using marijuana as
medicine. ``If we have limited jail space we ought to use it for people who
are really threats to public safety.''
With 31 percent of Oregon's precincts reporting, a ballot proposal to get
tough on pot was trailing 67 percent to 33 percent; the medical marijuana
measure was leading 55 percent to 45 percent.
Supporters of these ballot measures say smoking marijuana can ease pain, bring
back appetite, reduce the eye pressure of glaucoma, and lessen nausea from
cancer chemotherapy.
California has legalized marijuana for medical use, and support for Tuesday's
measures came from billionaire philanthropist George Soros and the California-
based Americans for Medical Rights.
Alaska's marijuana measure passed despite an advertising effort by opponents
who enlisted former first lady Barbara Bush.
``We got a late start,'' said Matthew Fagnani, chairman of Alaskans for Truth
on the Medical Marijuana Initiative. ``If we had one more week and a little
more money, we could have turned it around.'' Foes of the measure warn it will
lead to wider drug use.
But the Alaska measure was endorsed by several medical groups, including the
state chapter of the American Medical Association and the Alaska Nurses
Association, who said the initiative's language was written tightly enough to
protect against abuse.
To qualify, a patient will need a doctor's recommendation that marijuana would
help, and the Alaska Department of Health and Social Services would establish
a registry of people entitled to use medical marijuana. Patients could also
get identification cards to protect against arrest.
Arizona voters repeated their 1996 approval of allowing doctors to prescribe
pot and some other illicit drugs for the seriously ailing.
Nevada voters agreed to change the state constitution and allow people with
catastrophic illnesses such as cancer, AIDS and glaucoma to get marijuana
prescriptions. To take effect, voters must approve the measure again in 2000,
but the issue may not be settled if they do. The state attorney general's
office said it would take no action on such a measure unless federal law is
changed.
The Washington state measure lets patients with certain terminal and
debilitating illnesses, or their care-givers, to grow and keep a 60-day supply
of marijuana.
Arizona voters rejected their legislators' requirement that pot first gain
federal approval before the drugs could be prescribed.
Whether Washington, D.C., voters agreed to allow marijuana for certain
illnesses remains unknown.
Election officials chose to conceal results since Congress, which controls the
capital's budget, opposes legalization and cut funding for the initiative. The
American Civil Liberties Union said it would request the tallies using the
Freedom of Information Act.
AP-NY-11-04-98 0817EST
Copyright 1998 The Associated Press. The information contained in the AP
news report may not be published, broadcast, rewritten or otherwise
distributed without prior written authority of The Associated Press.
***
Date: Wed, 4 Nov 1998 16:37:54 -0800 (PST)
To: dpfor@drugsense.org
From: blc@hevanet.com (Belmont Law Center)
Subject: Re: DPFOR: Fwd: Medicinal marijuana Gains Support
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/
To me the most interesting result is that No to Recrim is getting a
higher percentage than Kitzhaber.
Good work all, especially Rick, Michael and Lee.
Paul Loney
-------------------------------------------------------------------
Medical Marijuana Bill Gaining Approval (The version in The Register-Guard,
in Eugene, Oregon, says that in Lane County, more than 64 percent of voters
approved Measure 67 in early returns.)
Date: Wed, 4 Nov 1998 16:04:21 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: MMJ: Medical Marijuana Bill Gaining Approval
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Olafur Brentmar
Pubdate: Wed, 4 Nov 1998
Source: Register-Guard, The (OR)
Contact: rgletters@guardnet.com
Website: http://www.registerguard.com/
Copyright: 1998 The Register-Guard
Author: JOE ROJAS-BURKE
MEDICAL MARIJUANA BILL GAINING APPROVAL
Oregon appeared likely Tuesday to join the pack of states opting to
legalize marijuana for medical uses.
Oregon's Measure 67 was passing 55 percent to 45 percent in early returns -
a closer race than advocates expected.
But a measure to increase the legal penalty for pot possession was failing
by about a 2-to-1 ratio.
"We're going to make sure that dying and suffering patients get the
medicine they need," said Geoff Sugerman, spokesman for the medical
marijuana campaign.
In Lane County, more than 64 percent of voters had approved medical
marijuana in early returns
Opponents acknowledged that the image of suffering patients was a powerful
force in the campaign. "Voters are reluctant to vote against anything that
calls upon their compassion, that plays upon their emotions the way our
opponents did in this campaign," said Jennifer Hudson of Oregonians Against
Dangerous Drugs. "But we think Oregonians will regret this measure if it
does pass," she said.
Under the Oregon measure, patients with written permission from a licensed
physician could obtain a registry card from the state Health Division to
grow marijuana for treating "debilitating" medical conditions. Registered
users can grow up to three mature marijuana plants and four immature
plants. They could carry an ounce of marijuana with them and keep one ounce
per mature plant at home.
Medical use measures appeared to be passing Tuesday in at least three
states: Nevada, Washington and Arizona, where voters restored a 1996
medical-use initiative that state lawmakers tried to suppress.
"More than two-thirds of all Americans support medical access to marijuana.
We've just reached out and tried to harvest support that's already out
there," said Dave Fratello, spokesman for Americans for Medical Rights. The
Santa Monica, Calif.-based group was the major financial backer of the
marijuana measures.
The cost of carrying out the measure in Oregon is estimated at $140,000 to
$295,000 per year, depending on the level of oversight. The calculation by
the state Health Division assumes that about 500 people at any given time
will be registered.
Californians legalized medical marijuana in 1996, but it has been kept in
check by federal lawsuits and threats by Congress to enact a law that would
allow the Drug Enforcement Administration to revoke the
prescription-writing permit of any physician who dispensed marijuana.
Rick Bayer, a 43-year-old Portland doctor, led the campaign to legalize the
use of marijuana in Oregon. Measure 67, he said, allows people with cancer,
AIDS and other conditions to use marijuana without fear of going to jail or
losing their homes.
But can the law allow compassionate use without worsening the problem of
abuse? Some law enforcement authorities said absolutely not.
"We hope the Legislature will come through for Oregonians and their
children and their future, and take care of all the problems, all the
loopholes in this measure," Hudson said.
Oregon's other marijuana-related measure, Ballot Measure 57, would make
possession of less than an ounce of marijuana a Class C misdemeanor
punishable by up to 30 days in jail and a $1,000 fine. Its likely defeat -
the measure was failing, 67 percent to 33 percent - means possession will
remain a violation, with a fine of $500 to $1,000 and no possibility of a
jail sentence.
Opponents said voters appeared to doubt that drug abuse can be prevented by
the threat of jail.
"This vote tells me that they want to see more money going to education,
prevention and treatment, not incarceration of young people for this type
of offense," said Rep. Floyd Prozanski, a Eugene Democrat.
Rob Elkins, of Oregon Police Chiefs for Safer Communities, complained that
Prozanski and other opponents "led a campaign of deception and scare
tactics."
"This bill was drafted with help of law enforcement and treatment
professionals," he said. "We were trying to create a hammer that would
drive people into treatment early on."
-------------------------------------------------------------------
Measure 67 Brings Relief To Many (KOIN Channel 6000, Portland's
CBS affiliate, notes the triumph of the Oregon Medical Marijuana Act,
and interviews local medical marijuana patients Craig Helms
and Diane Densmore, both previously convicted on marijuana-related charges.)
November 4, 1998
KOIN Channel 6000
Portland, Oregon
http://www.koin.com/
letters to editor:
c6knews@koin.com
Measure 67 Brings Relief To Many
It Means Some Won't Be Breaking Law Anymore
PORTLAND, Posted 4:38 p.m. November 4, 1998 -- If you're sick and need
marijuana for medical reasons, you can now grow it and smoke it in Oregon
and Washington without fear of being arrested.
KOIN 6 News reports the two states were among several that passed medical
use of marijuana laws yesterday. KOIN reporter Sandy James spoke with some
Oregonians who say the new law takes a big weight off their shoulders.
Craig Helms has Multiple Sclerosis and says he uses marijuana to ease his
pain. Helms was arrested in May and is still on probation for possession and
manufacturing marijuana, reports KOIN.
"I have a vested interest. I need it, but I really appreciate all the people
who aren't sick who went to bat for us," Helms tells KOIN.
Measure 67 will allow people with a doctors permit and an id card from the
health division to grow their own marijuana for personal medical use. It
does not allow anyone to sell it, and there won't be cannabis clubs here
like the ones in California.
KOIN reports the closest thing we had to that in Portland was the
Alternative Health Center. Diane Densmore ran the center until it was raided
by police a year ago. She was arrested and charged with possession,
manufacturing and distribution of a controlled substance. She says she was
using marijuana for health reasons and was selling it to people in pain.
According to the television station, Densmore is happy Measure 67 passed,
but it won't get her off probation. She's on an electric monitor which costs
her $7 a day and must report in once a week to her probation officer. She
says she would love to reopen the center, but knows she can't, even with the
passage of the measure.
"Oh, I'd love to open and help these people again but I can't. It'd be
breaking the law, and I can't put my family through that again," Densmore
tells KOIN.
Oregonians for Medical Rights urges people interested in using marijuana for
medical purposes to consult their physicians, proceed with caution and if
they have any questions to call area-code (877) 600-6767.
Compiled by Channel 6000 Staff
-------------------------------------------------------------------
Oregon Puts Its Stamp On Elections (A typically biased Oregonian summary
of yesterday's results from 14 state ballot initiatives barely mentions
ballot measures 57 and 67, concerning recrim and medical marijuana, and
reiterates opponents' arguments against the Oregon Medical Marijuana Act
without citing any arguments by proponents. The most expensive race on the
ballot was Measure 59, which would have prohibited public employee unions
from using payroll deductions to raise money for political activity.)
Date: Wed, 4 Nov 1998 17:30:16 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Oregon Puts Its Stamp On Elections
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: rogerdodger1@earthlink.net (Roger Dodger)
Pubdate: Wed, 4 Nov 1998
Source: Oregonian, The (OR)
Contact: letters@news.oregonian.com
Website: http://www.oregonlive.com/
Author: Steve Mayes
OREGON PUTS ITS STAMP ON ELECTIONS
Vote-by-mail Is Law As Measure 60 Passes, While Financing For Parks
And Salmon Efforts Is Leading
In a historic vote that marked the end of the polling place, Oregonians
left no doubt Tuesday: They prefer vote-by-mail.
Voters approved Measure 60, which extends vote-by-mail balloting to all
elections, and made Oregon the first state in the nation to conduct all
elections by mail.
"It's about time the measure passed," said Jeremy Wright, who headed
the Measure 60 campaign. "People have been working on this for years.
We're going to win big tonight."
The vote-by-mail victory came as Phil Keisling, secretary of state,
estimated turnout would hit an Oregon record low of 55 percent.
Supporters say the convenience of voting at home will boost turnout.
Those who received absentee ballots for Tuesday's election were twice
as likely to vote as those who had to go to polling places.
A proposal to guarantee state parks and wildlife habitat programs 15
percent of state lottery profits won handily. Measure 66, which would
raise about $45 million a year for parks and salmon restoration
projects, had little opposition. Some educators didn't like the idea
because it cuts into money that otherwise would go to finance schools.
Patricia McCaig of Friends of Parks and Salmon, which supported
Measure 66, had been concerned that low voter turnout would hurt the
measure's chances.
Measures that would legalize marijuana for medical use and open
adoption records won. Proposals to recriminalize marijuana and ban
clear-cutting lost, with clear-cutting going down by a 4-to-1 ratio.
There were 14 measures on Tuesday's ballot, but none of them incited
the great passion and debate seen in recent years when voters
considered property tax limitations, gay rights and doctor-assisted
suicide.
There was one trend that seemed to hold true for the main measures:
The side that spent the most money won. The most expensive race on
the ballot, Measure 59, was losing, according to partial returns. The
measure, sponsored by tax activist and Republican candidate for
governor Bill Sizemore, would prohibit public employee unions from
using payroll deductions to collect money for political activity. The
unions spent about $5 million to defeat the measure and promote one
that would offset Sizemores proposal.
"We believe that once the education of the public took place, the
numbers started heading our way, said Roger Gray, who headed the
unions effort to defeat Measure 59. A poll taken in early September
showed Measure 59 with a healthy lead, but its popularity sank as
unions bombarded the airwaves with No on 59 ads. Sizemore said he
isn't conceding defeat and thinks that a mountain of uncounted
absentee ballots might propel Measure 59 to victory. If not, hell try
again.
"If Measure 59 doesn't pass this time, we will vote on it or a similar
measure in 2000, Sizemore said. The unions answer to Sizemore, Measure
62, was winning by a 2-to-1 ratio. Billed as a campaign finance reform
measure, it included a provision that guaranteed unions the right to
use payroll deductions to gather political contributions. Critics
claim Measure 62 will not survive a legal challenge because it makes
substantial changes to more than one part of the Oregon
Constitution.
Votes on Measure 61, a property crimes initiative, will not be
tallied. The Oregon Supreme Court ruled that the state Elections
Division erred by giving Measure 61 the benefit of the doubt when it
came up short in a statistical sampling used to verify signatures. The
decision came after ballots were printed, so Keisling ordered county
clerks not to count votes -- a first in Oregon history.
Of all the measures, vote-by-mail was the closest to a sure winner.
Polls routinely show that about 70 percent of voters support the
measure. Almost half the voters in Tuesdays election were registered
to vote by absentee ballot. Oregon uses mail-in ballots in local and
special state elections. Measure 60 extends the practice to include
primary and general elections held in even-numbered years. Oregon
began experimenting with vote-by-mail in the early 1980s.
"Oregon voters clearly like it and are very comfortable with it and
believe it makes sense for all elections, said Keisling, an ardent
vote-by-mail advocate.
The clear-cutting ban, Measure 64, was on the skids from the
beginning. The proposal by a hard-working band of environmentalists
would have prohibited clear-cutting and the use of herbicides and
pesticides in Oregon forests. Timber companies argued that the measure
was too extreme, would have dire economic consequences and would limit
how they could manage timberland.
Environmentalists said Measure 64's defeat will not derail their
efforts to stop clear-cutting. They might return with another ballot
measure in two years.
"The industry made it clear that they will do what it takes to stop a
ban on clear-cutting, but we changed the nature of the dialog and
people are beginning to look at how to do sustainable forestry, said
Gary Kutcher of Oregonians for Labor Intensive Forest Economics, which
backed the clear-cutting measure.
The measures opponents expected to win big but said they will closely
watch the margin of victory to gauge the publics feelings on
clear-cutting.
"Its reasonable to suspect that there will be further discussion about
this, said Pat McCormick, a spokesman for the Healthy Forests
Alliance, a coalition organized to try to defeat the measure. Timber
interests spent more than $3 million on a well-produced series of ads
that focused on the measures effect on families, jobs and the
environmental consequences of barring chemicals from the forest.
Despite pleas from medical marijuana opponents, including three former
U.S. presidents and the Clinton administration, voters approved
Measure 67. Supporters see medical marijuana as a compassionate way to
help ease the pain of people with debilitating or fatal diseases. Some
doctors think more testing is needed, and law enforcement officials
say the measure will make it harder to prosecute marijuana cases and
increase recreational drug use.
Voters in Washington, Alaska and Nevada also approved legalizing
marijuana for medicinal purposes. Meanwhile, Measure 57, which would
recriminalize possession of less than an ounce of marijuana, lost big.
Partial returns showed two-thirds of voters were against the proposal.
Opponents said that making possession a crime would result in
increased court costs but wouldn't stop people from using the drug.
Measure 57s backers contend that marijuana is a gateway drug that
leads to use of other illegal substances. They say stronger penalties
are needed to deter its use.
Measure 58 would allow people 21 and older who were adopted in Oregon
to obtain a copy of their original birth certificates. Oregon would
become the fourth state to approve such a law. The measure drew
national interest because its the first time voters have decided the
issue.
Measure 65, which creates a new system for challenging rules adopted
by state agencies, was losing in a tight race.
Another winner was Measure 63, a public employee union proposal that
will make it harder to impose supermajority requirements on ballot
measures.
-------------------------------------------------------------------
Medical Use Of Marijuana Looks Likely (The Oregonian admits Ballot Measure
67, allowing certain sick people to use marijuana on the recommendation of a
physician, appeared to be passing late Tuesday. Oregon patients who qualify
under the new law will have to wait until at least May 1 before they can
apply for registry cards from the Oregon Health Division. But as early as
Dec. 3 the law could be used as a defense in court. Meanwhile, Measure 57,
which would have recriminalized possession of less than one ounce of
marijuana, was being rejected 2-to-1. Multnomah County Sheriff Dan Noelle,
a true believer whose contempt for democracy is evident, says "I suspect
there will be continued efforts to recriminalize.")
Date: Thu, 5 Nov 1998 14:21:14 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: Medical Use Of Marijuana Looks Likely
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: rogerdodger1@earthlink.net (Roger Dodger)
Pubdate: Wed, 4 Nov 1998
Source: Oregonian, The (OR)
Contact: letters@news.oregonian.com
Website: http://www.oregonlive.com/
Copyright: Oregon Live
Author: Patrick O'Neill and Maxine Bernstein
MEDICAL USE OF MARIJUANA LOOKS LIKELY
In partial returns, voters were rejecting recriminalizing the drug, but were
approving its use by people with debilitating illnesses
An Oregon initiative to allow sick people to use marijuana as medicine
appeared to be passing late Tuesday. At the same time, voters resoundingly
decided that those who possess small amounts of the drug for recreational
purposes should not face criminal penalties.
Oregon is one of five states plus the District of Columbia where voters were
considering marijuana for medical purposes. Arizona, Washington state and
Nevada said yes to medical marijuana, while Alaska and District of Columbia
figures were unavailable.
If the medical marijuana measure passes, sick Oregonians would have to wait
at least until May 1 before they could register with the Oregon Health
Division to use marijuana as medicine. But as early as Dec. 3, the law could
be used as a defense in court by anyone who was qualified to use the drug
and who was cited for using it.
The Measure 67 initiative would allow Oregonians who have debilitating
illnesses, including cancer, AIDS and multiple sclerosis, to keep seven
marijuana plants and 1 ounce of usable marijuana per plant. Under the
measure, sick people whose doctors have recommended marijuana would register
with the Health Division. The agency would issue identification cards that
would exempt them from most state anti-marijuana laws. The measure, if it
passes, would go into effect Dec. 3 and would permit people who had not yet
received a registration card to raise the issue of medical necessity in
court.
That would be an important factor for people who would want to use marijuana
as soon as possible. The measure gives the Health Division until May 1 to
develop the proceedures necessary to administer medical marijuana
regulations.
Although the measure permits the use of marijuana, it leaves unanswered the
question of where patients could obtain it. Patients cannot buy marijuana
legally. Even with passage of the measure, it would be illegal to sell
marijuana, including for medicinal purposes.
Dr. Rick Bayer, a principal sponsor of the measure, said he thinks patients
who are now using medicinal marijuana illegally would voluntarily share
their plants with others.
"What we would hope is that there would be people who would be willing to
help these individuals," he said. "We would facilitate patients talking to
patients."
Bayer predicted that patients in cancer support groups would discuss the use
of marijuana and would share the drug.
Police would need new strategies
The medical marijuana measure leaves law enforcement officers with
unanswered questions. They say the measure, if it passes, would force them
to rethink their marijuana enforcement strategies. Michael Schrunk,
Multnomah County district attorney, said police would have to investigate
each marijuana possession case more thoroughly. Before deciding to prosecute
a marijuana case, he said, they'd have to come up with evidence that the law
wasn't applicable. Schrunk said, however, that his office would not back off
from prosecuting illegal use of marijuana.
Voters defeat Measure 57
Meanwhile, voters Tuesday voters defeated a measure that would have
stiffened the penalty for people convicted of possessing less than an ounce
of marijuana. By a 2-to-1 ratio, voters blocked a legislative attempt to
raise possession of less than an ounce of marijuana from a noncriminal
violation, on par with a traffic ticket, to a criminal misdemeanor,
punishable by a maximum of 30 days in jail and a $1,000 fine.
Opponents of Measure 57 had argued that it would not deter young people from
using drugs and that the money spent to implement it could be used more
wisely on drug-treatment programs. A state fiscal impact committee estimated
that recriminalizing marijuana would cost the state and county governments
$1.42 million annually. That figure includes the cost of court operations,
jury payments, indigent defense and county costs for local jail beds.
Proponents said the state needed to crack down on marijuana use and send a
strong message to youths that marijuana use is harmful.
In 1973, Oregon became the first state to remove criminal penalties for
possessing less than an ounce of marijuana. Last year, the Legislature
passed a bill to recriminalize marijuana, and Gov. John Kitzhaber signed it.
But petitioners collected more than 90,000 signatures to block the bill from
becoming law, sending it to voters Tuesday.
"I think finally our message that this was a fiscally irresponsible measure
got across. I think Oregonians after 25 years have realized that having less
than an ounce of marijuana a noncriminal offense has caused no harm to our
society," former state Rep. George Eighmey, D-Portland, said Tuesday night.
"I suspect there will be continued efforts to recriminalize," said Multnomah
County Sheriff Dan Noelle, who favored Measure 57.
-------------------------------------------------------------------
Medical Marijuana Looks Likely (The Oregonian says Measure 67, the Oregon
Medical Marijuana Act, appeared to be passing late Tuesday. While explaining
the mechanics of the ballot measure and noting comments of opponents and
supporters, the newspaper quotes the ever-expedient Multnomah County district
attorney, Michael Schrunk, reversing himself, saying his office will not back
off from prosecuting illegal use of marijuana. Previously, during the
campaign, the DA tried to scare voters into opposing Measure 67, saying
"These exceptions cancel out the rules and limits, thereby making enforcement
of any marijuana laws not only impractical but virtually impossible."
Michael Schrunk is a liar.)
Date: Wed, 4 Nov 1998 18:31:00 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: Medical Marijuana Looks Likely
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: rogerdodger1@earthlink.net (Roger Dodger)
Pubdate: Wed, 4 Nov 1998
Source: Oregonian, The (OR)
Contact: letters@news.oregonian.com
Website: http://www.oregonlive.com/
Copyright 1998, Oregon Live (r)
Author: Patrick O'Neill and Maxine Bernstein of The Oregonian staff
MEDICAL MARIJUANA LOOKS LIKELY
* Medical use of marijuana looks likely In partial returns, voters were
rejecting recriminalizing the drug, but were approving its use by
people with debilitating illnesses
Wednesday, November 4 1998
An Oregon initiative to allow sick people to use marijuana as medicine
appeared to be passing late Tuesday. At the same time, voters
resoundingly decided that those who possess small amounts of the drug
for recreational purposes should not face criminal penalties. Oregon
is one of five states plus the District of Columbia where voters were
considering marijuana for medical purposes.
Arizona, Washington state and Nevada said yes to medical marijuana,
while Alaska and District of Columbia figures were unavailable. If the
medical marijuana measure passes, sick Oregonians would have to wait
at least until May 1 before they could register with the Oregon Health
Division to use marijuana as medicine. But as early as Dec. 3, the law
could be used as a defense in court by anyone who was qualified to use
the drug and who was cited for using it.
The Measure 67 initiative would allow Oregonians who have debilitating
illnesses, including cancer, AIDS and multiple sclerosis, to keep seven
marijuana plants and 1 ounce of usable marijuana per plant. Under the
measure, sick people whose doctors have recommended marijuana would register
with the Health Division. The agency would issue identification cards that
would exempt them from most state anti-marijuana laws. The measure, if
it passes, would go into effect Dec. 3 and would permit people who had
not yet received a registration card to raise the issue of medical
necessity in court. That would be an important factor for people who
would want to use marijuana as soon as possible.
The measure gives the Health Division until May 1 to develop the
procedures necessary to administer medical marijuana regulations.
Although the measure permits the use of marijuana, it leaves
unanswered the question of where patients could obtain it. Patients
cannot buy marijuana legally.
Even with passage of the measure, it would be illegal to sell
marijuana, including for medicinal purposes. Dr. Rick Bayer, a
principal sponsor of the measure, said he thinks patients who are now
using medicinal marijuana illegally would voluntarily share their
plants with others. "What we would hope is that there would be people
who would be willing to help these individuals," he said. "We would
facilitate patients talking to patients." Bayer predicted that
patients in cancer support groups would discuss the use of marijuana
and would share the drug. Police would need new strategies The medical
marijuana measure leaves law enforcement officers with unanswered questions.
They say the measure, if it passes, would force them to rethink their
marijuana enforcement strategies. Michael Schrunk, Multnomah County
district attorney, said police would have to investigate each
marijuana possession case more thoroughly. Before deciding to
prosecute a marijuana case, he said, they'd have to come up with
evidence that the law wasn't applicable. Schrunk said, however, that
his office would not back off from prosecuting illegal use of
marijuana.
Voters defeat Measure 57
Meanwhile, voters Tuesday voters defeated a measure that would have stiffened
the penalty for people convicted of possessing less than an ounce of
marijuana. By a 2-to-1 ratio, voters blocked a legislative attempt to raise
possession of less than an ounce of marijuana from a noncriminal violation,
on par with a traffic ticket, to a criminal misdemeanor, punishable by a
maximum of 30 days in jail and a $1,000 fine. Opponents of Measure 57
had argued that it would not deter young people from using drugs and
that the money spent to implement it could be used more wisely on
drug-treatment programs.
A state fiscal impact committee estimated that recriminalizing
marijuana would cost the state and county governments $1.42 million
annually.
That figure includes the cost of court operations, jury payments,
indigent defense and county costs for local jail beds. Proponents said
the state needed to crack down on marijuana use and send a strong
message to youths that marijuana use is harmful. In 1973, Oregon
became the first state to remove criminal penalties for possessing
less than an ounce of marijuana.
Last year, the Legislature passed a bill to recriminalize marijuana,
and Gov. John Kitzhaber signed it. But petitioners collected more than
90,000 signatures to block the bill from becoming law, sending it to
voters Tuesday. "I think finally our message that this was a fiscally
irresponsible measure got across.
I think Oregonians after 25 years have realized that having less than
an ounce of marijuana a noncriminal offense has caused no harm to our
society," former state Rep. George Eighmey, D-Portland, said Tuesday
night. "I suspect there will be continued efforts to recriminalize,"
said Multnomah County Sheriff Dan Noelle, who favored Measure 57.
-------------------------------------------------------------------
Murmurs - The best, worst and weirdest of the November 1998 election campaign
(Willamette Week, in Portland, collects some amusing tidbits of information
about the just-completed election cycle, including the campaigns in Oregon
for medical marijuana and against recrim.)
Willamette Week
822 SW 10th Ave.
Portland, OR 97205
Tel. (503) 243-2122
Fax (503) 243-1115
Letters to the Editor:
Mark Zusman - mzusman@wweek.com
Web: http://www.wweek.com/
Note: Willamette Week welcomes letters to the editor via mail, e-mail or
fax. Letters must be signed by the author and include the author's street
address and phone number for verification. Preference will be given to
letters of 250 words or less.
November 4, 1998
Murmurs - The best, worst and weirdest of the November 1998 election campaign
A WEEKLY ELECTION WATCH: PEOPLE IN POLITICS
BY BOB YOUNG
byoung@wweek.com
Most Candid Candidate
This year, many candidates moaned about the disadvantages of
state-sanctioned gambling: It's a tax on the poor and an unstable funding
source, and it's immoral. Only Libertarian legislative candidate Jon Zimmer
came clean on why he really doesn't support the lottery: "I don't like the
odds."
***
Best Response to Silly Oregonian Logic
"The Oregonian suggests that being able to find the restrooms on Capitol
Hill is a good reason to endorse a candidate. I have been able to find
restrooms in such remote areas as Crane, Fields and Spray. If restroom
finding is really a criterion for endorsement by The Oregonian, I believe I
am the clear winner."
--Democratic congressional candidate Kevin Campbell after Oregon's largest
paper endorsed his opponent, Greg Walden, in part because he knew where the
bathrooms in the Capitol were
***
Best Response to Silly WW question
Portland legislative candidate Cletus Moore on why he's a Republican: "Why not?"
***
Scariest Response to a Silly WW Question
Southwest Portland state House candidate Barry Joe Stull on whether he had
ever dreamed of being naked in a public place: "I've performed naked. I do
it every year, playing mandolin at the Country Fair."
***
Scariest Credentials for Public Office
Southeast Portland state House candidate Andrew Nisbet boasted of being
founder of Dead Heads for Reagan and Nuclear Power.
***
Most Surprising Music on a Candidate's Stereo
Wyden protégé and seemingly unhip City Council hopeful Dan Saltzman said he
had been listening a lot to Sarah McLachlan and Sheryl Crow--and he knew the
names of the albums. (David Wu said he had been grooving to the Doors but
couldn't name an album, any album, by the group.)
***
Odd Couples
1. Far-left state Sen. Kate Brown and way-right state Rep. Bill Witt joined
to announce their support for a new toxics disclosure law.
2. Competing school superintendent candidates Stan Bunn and Margaret Carter
both told WW that Kenny G was their favorite musician.
3. Nerdy Sen. Ron Wyden and Everclear frontman Art Alexakis barnstormed the
state together for a day last week, encouraging young people to vote.
***
Best-Named TV Promo for Election Issue
KGW's segment on medical marijuana, titled "Waiting to Inhale."
***
Best Evidence That the Anti-Pot Crowd Opposing Measure 67 Never Inhaled
Roger Burt, a drug counselor, told us that medical marijuana would "open the
door to hash use." The horror!
***
Best Evidence Republicans Kick Their Dogs
Humane Oregon, a new group that claims to be the first non-partisan
political action committee in the country to advocate animal rights,
endorsed 42 Oregon candidates. Only one was a Republican--Beaverton state
Rep. Ken Strobeck.
***
Biggest Waste of Time
Enemies of Multnomah County judicial candidate Mary Overgaard tried digging
up dirt on her college academic record. What did they unearth? Evidence that
Overgaard didn't graduate cum laude from the University of Nebraska, as she
claimed, but "with honors." (It means the same thing, but the Cornhuskers
don't use Latin on their diplomas.)
***
Second Biggest Waste of Time
Overgaard's opponent Jan Wyers found another exaggerated claim: Overgaard
founded a county task force on domestic violence, not a state one, as she
says in the Voters' Pamphlet.
***
Best Entrance
Lewis Marcus, an opponent of four local ballot measures, came into our
conference room on his bike--although he has just one leg--wearing a
sweatshirt and a Teamsters cap to debate the group of suits supporting the
$82 million Oregon Convention Center bond.
***
Worst Attempt at Winning Our Endorsement
During our endorsement interviews over the years we've seen candidates get
teary-eyed (Anitra Rasmussen); provocatively shed their clothing (Gail
Shibley); say they were in politics for the money and chicks (Lucky Les
Wilson); and even threaten to punch our lights out (Ron McCarty). But until
state legislative hopeful Dale Chambers came to our office this fall, we
never had a candidate fall asleep during an interview.
***
Best Line About Molly Bordonaro's Rumored Fondness for Partying in High School
"Frankly, it's the most encouraging thing I've heard about her. I'd rather
see her as Courtney Love than Eva Braun."-- Lauren Moughon, Democratic activist
***
Best Detail We Didn't Know about Molly Bordonaro
"Bordonaro is a sportswoman who is an active hunter and shooter," says the
National Rifle Association's endorsement of the 1st Congressional District
candidate.
***
Best Election Insight
Oregonian columnist David Sarasohn noted that for all the rhetoric about
education and kids, no candidates used their advertisements and brochures to
mention that 20 percent of the nation's children live in poverty.
***
First-Time Candidate Best Prepared for a Long Career in Politics
Democratic legislative candidate Andrea Hungerford, 27, wins the prize with
this exchange:
WW: How will you vote on the medical-marijuana ballot measure?
Hungerford: I hate to be indefinite, but I just don't know how I'm going to
vote on that one yet.
WW: Do you support toxics right-to-know legislation?
Hungerford: We can look for guidance from the governor's task force.
WW: Will you let the exclusive remedy provision of 1995's workers' comp
reform expire?
Hungerford: It's hard for me to say at this point, but it's not something I
would shy away from taking a look at.
***
Worst Attempt at Getting Attention
State Rep. Chris Beck's rambling campaign letters, the most recent of which
was titled "Beck's Sketchings During the Gilded Age of the 1990s (or, Late
night thought's [sic] while pondering Mahler's 3rd Symphony which the Oregon
Symphony recently played so well)."
***
Best Sign of True Conviction
In what has to be the best opening line in an interview, vote-by-mail
opponent Neale Hyatt introduced himself to WW by saying, "To comply with the
terms of my probation, I need to tell you that I am a convicted felon."
Hyatt went on to explain that he committed a felony to prove that mail
balloting is susceptible to fraud.
***
Best Dissing of Willamette Week
Gov. John Kitzhaber insisted that his press secretary Bob Applegate stay
with us for the guv's endorsement interview, although our policy has long
prohibited aides and handlers from accompanying candidates. Kitzhaber
insisted that we either let Applegate stay or he was leaving. We blinked.
***
Best Separated at Birth
Blazers' owner Paul Allen and Washington, D.C., anti-tax activist Grover
Norquist, who was featured in a weird TV ad opposing Measure 59.
***
Worst Sense of Geography
GOP state Senate candidate Jerry Grisham mailed out a flyer promising that
he'll represent the wishes "of Oregonians, and especially those of Eastern
Oregon." Problem is, Grisham is vying for a seat in Clackamas County; he
borrowed the campaign literature of an Eastern Oregon candidate and forgot
to change the text.
***
Worst Argument Against Expanding the Convention Center
In the Voters' Pamphlet, critic John Weigant says the measure would create
mostly low-paying jobs. "New families filling such jobs also increase the
schools' remedial teaching load, further lowering our ability to educate
children for good, high-knowledge jobs."
***
Quickest Conversion
In an Oct. 21 Oregonian story, Metro candidate Liz Callison said she
wouldn't decide how to vote on light rail until she got in the voting booth.
The next day she taped a "Town Hall" segment in which she spoke against
light rail.
***
Best Sign There Are Few Issues of Great National Importance
For the last two months Democratic Congresswoman Darlene Hooley ran TV ads
touting her efforts to make IRS agents behave more politely.
***
Best Failed Attempt to Sound Like an Oregon Beer Lover
David Wu told us his favorite alcoholic beverage was Deschutes ESB (Extra
Special Bitter), which the compulsively chatty candidate continued to say
was now called an IPA (India Pale Ale). David: that's like saying the NRA is
now the ACLU.
***
Best Campaign Web Site
www.jesseventura.org. Okay, so Jesse "The Body" Ventura is running for
governor in Minnesota, not Oregon. Still, we sure wish we had a former
rasslin' star on the ballot--particularly one who could body-slam John "The
Buckle" Kitzhaber or Bill "The Bandit" Sizemore.
-------------------------------------------------------------------
Officers find marijuana plants and stolen guns at suspect's home (According
to The Associated Press, prohibition agents in Douglas County, Oregon, say
they found a sophisticated marijuana operation in the home of a suspect
killed in a gunfight after wounding two agents. Of course, since the police
were the only ones allowed on the scene, and police routinely refuse to
videotape their raids, there doesn't seem to be any objective evidence as to
what really happened.)
Date: Wed, 04 Nov 1998 18:11:48 -0800
From: Paul Freedom (nepal@teleport.com)
Organization: Oregon Libertarian Patriots
To: Cannabis Patriots (Cannabis-Patriots-L@teleport.com)
Subject: CanPat - Officers find marijuana plants and stolen guns at suspect's home
Sender: owner-cannabis-patriots-l@smtp.teleport.com
Officers find marijuana plants and stolen guns at suspect's home
The Associated Press
11/4/98 4:51 PM
ROSEBURG, Ore. (AP) -- Douglas County narcotics agents found a
sophisticated marijuana operation in the home of the suspect killed in a
gunfight after wounding two agents.
Lewis Stanley McClendon, 63, emerged from his garage and began firing a
.357 magnum pistol at officers "about four seconds after they pulled in front
of his house," said Detective Curt Strickland, lead investigator on the
shooting.
Officers had gone to McClendon's remote home northeast of Tiller to serve a
search warrant.
Three bullets penetrated the front door of a Douglas County Sheriff's van,
striking Deputy Coy Kratz, 33, in both legs. Another hit Deputy Jeff Admire,
33, on his bullet-proof vest. A shot also struck Admire in the inner thigh.
Police fired a total of 34 rounds at McClendon. He was hit seven times in the
front and side of his body, said Deputy Medical Examiner Rick Bennewate.
The results of a toxicology screening sent to the Oregon State Crime Lab had
not returned, Bennewate said.
Kratz, who underwent surgery Friday at Mercy Medical Center to remove
bullet fragments, had another operation Monday. He is in good condition and
is expected to be released this week.
Admire was released from Mercy Medical Center on Saturday.
McClendon, formerly of Shasta County, Calif., had a criminal history of armed
robbery, burglary and drug offenses. Of the nine firearms recovered from the
house, three had been reported stolen in Oregon, including the pistol
McClendon used to fire on the officers.
Investigators found 52 marijuana plants in various stages of growth - between
2 and 8 feet in height. Strickland described it as a sophisticated growing
operation, and said it was taking in nearly $60,000 every 45 days.
Detectives also retrieved methamphetamine paraphernalia from the house,
although they did not find indications of the substance, Strickland said.
Deputy District Attorney Bill Marshall said a grand jury may hold a hearing
on the incident, though at this point "it appears that all shootings by law
enforcement were justified."
-------------------------------------------------------------------
Authorities disclose marijuana haul (The Oregonian version)
The Oregonian
letters to editor:
letters@news.oregonian.com
1320 SW Broadway
Portland, OR 97201
Web: http://www.oregonlive.com/
Authorities disclose marijuana haul
* Officers say they found dozens of plants and stolen guns at a
home where a suspect was slain after he wounded two
deputies
Wednesday, November 4 1998
By Debra Gwartney
Correspondent
The Oregonian
ROSEBURG -- An indoor marijuana operation that Douglas
County officials say was taking in nearly $60,000 every 45
days was found in the home of the suspect who wounded
two narcotics agents Friday.
Lewis Stanley McClendon, 63, used a .367-magnum pistol to
fire on officers "about four seconds after they pulled in front
of his house," said Detective Curt Strickland, lead investigator
on the shooting. Return gunfire killed McClendon.
McClendon was shot seven times in the front and side of his
body, Deputy Medical Examiner Rick Bennewate said
Tuesday at a news conference.
The results of a toxicology screening sent to the Oregon
State Crime Lab had not returned, Bennewate said.
McClendon, formerly of Shasta County, Calif., had a criminal
history of armed robbery, burglary and drug offenses. Of the
nine firearms recovered from the house, three had been
reported stolen in Oregon, including the pistol McClendon
allegedly used to fire on the officers.
Meth paraphernalia
Detectives also retrieved methamphetamine paraphernalia
from the house, though they did not find indications of the
substance, Strickland said.
Six interagency narcotics agents -- four in an unmarked
white Dodge Caravan and two in a camouflage truck --
arrived early Friday at McClendon's remote house about 17
miles north of Tiller to serve him a search warrant. One
sheriff's deputy in a patrol car followed the two vehicles.
As officers slid open the door of the van, Strickland said,
McClendon appeared from behind the garage door.
"Nothing was said. He just started shooting," Strickland said.
Deputy Coy Kratz, 33, who was driving the van, was hit in
the leg. The bullet passed through a thigh and into his other
leg. Kratz was shot again as he attempted to climb back into
the van. A third shot to the leg caused him to collapse on the
ground, Strickland said.
Kratz, who underwent surgery Friday at Mercy Medical
Center to remove bullet fragments, returned to surgery
Monday. He is reported to be in good condition and is
expected to be released today.
Second deputy wounded
Shots struck an inner thigh and the chest of Deputy Jeffrey
Admire, 33, who was sitting directly behind Kratz in the van's
passenger seat and was holding the metal battering ram the
team often uses to gain entrance. The protective vest he was
wearing deflected the bullet.
Admire was released from Mercy Medical Center on
Saturday morning.
When Kratz and Admire were hit, Strickland said, three
officers immediately returned fire, striking McClendon.
Those officers then attempted to move Kratz to a safer
location. Detecting movement from McClendon, they again
opened fire.
The officers' guns fired a total of 34 rounds. McClendon
fired six rounds, Strickland said.
After securing the house, investigators found 19 marijuana
plants about 6 feet to 8 feet tall in one bedroom and 33 plants
2 feet to 3 feet tall in another bedroom. Strickland described
it as a sophisticated growing operation.
The commander of the interagency narcotics team, Mike
Nores, said his officers are finding more indoor marijuana
operations in Douglas County since law enforcement agents
began cracking down on outdoor operations several years
ago. He said marijuana is the second-leading drug his team
investigates, after methamphetamine.
Deputy District Attorney Bill Marshall said at the news
conference that a grand jury might hold a hearing on the
incident, though at this point "it appears that all shootings by
law enforcement were justified."
-------------------------------------------------------------------
NewsBuzz - Bugging Plants (Willamette Week says Portland-area defense lawyers
are up in arms after discovering that the Portland Police violated a legal
settlement with American Agriculture and have been secretly tracing phone
calls to the hydroponics store - perhaps for years - to get leads on
suspected marijuana growers. Lawyers are supposed to be told what led police
to their clients during the discovery process, but police have never revealed
the wiretap. A judicial hearing is scheduled for Dec. 15. If the wiretap is
ruled illegal, defense lawyers say they'll move to have possibly hundreds of
cases against their clients thrown out. Recall Chief Moose and District
Attorney Schrunk!)
Willamette Week
822 SW 10th Ave.
Portland, OR 97205
Tel. (503) 243-2122
Fax (503) 243-1115
Letters to the Editor:
Mark Zusman - mzusman@wweek.com
Web: http://www.wweek.com/
Note: Willamette Week welcomes letters to the editor via mail, e-mail or
fax. Letters must be signed by the author and include the author's street
address and phone number for verification. Preference will be given to
letters of 250 words or less.
NewsBuzz - Bugging Plants
Local defense lawyers are up in arms after discovering that the Portland
Police have been secretly tracing phone calls--perhaps for years--to get
leads on suspected marijuana growers.
Defense lawyers, led locally by Pat Birmingham, discovered earlier this year
that the Portland Police installed a device called a trap on the phone line
of American Agriculture. The store, located on Southeast Stark Street, sells
high-tech indoor growing equipment, and police suspect it's a favorite
outlet for marijuana growing supplies.
A phone trap records the phone numbers of all incoming calls. The Marijuana
Task Force has used the trap to trace the numbers of the company's customers
and find their street addresses. The cops then knock on their front doors
and begin asking questions. These "knock and talks" have led police to
basement marijuana grows.
It's unclear how long the trap on American Agriculture's phones has been in
place or how many arrests have stemmed from calls traced to the store.
Two things bother defense lawyers about the set-up. First, they wonder why
the police have kept it secret for so long when lawyers are supposed to be
told what led police to their clients. "I know in my cases when I asked
where did you get the information on my client, they were evasive," says
Michelle Burrows.
The second problem is the legality of the trap, which requires a warrant
signed by a judge. In order to get the warrant, police must have probable
cause to believe a certain individual is involved in criminal acts,
according to Larry Olstad, an investigator for the defense. Deputy District
Attorney Mark McDonnell says that the police had signed warrants for the
trap; however, the defense bar contends they were obtained illegally. Not
only did the trap fail to target a specific individual, but the warrant was
renewed over and over again. State law says the trap may be placed on a
phone for up to 30 days (and for an additional 30 days beyond that with a
judge's OK).
A judicial hearing on the trap's legality is scheduled for Dec. 15. If the
device is ruled illegal, defense lawyers say they'll move to have cases
against their clients thrown out. --Maureen O'Hagan
-------------------------------------------------------------------
Washington among five states to OK medical marijuana (The Seattle Times
says supporters of Initiative 692, the Washington state medical-marijuana
ballot measure, were savoring the aroma of a decisive victory today
as Dr. Rob Killian, the principal sponsor, was heading to Washington, DC,
to speak at a news conference calling on a reluctant federal government
to reform its marijuana laws.)
From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: WA and five other states OK med mj
Date: Wed, 4 Nov 1998 17:48:21 -0800
Sender: owner-when@hemp.net
Copyright (c) 1998 The Seattle Times Company
Posted at 04:38 a.m. PST; Wednesday, November 4, 1998
Washington among five states to OK medical marijuana
by David Schaefer
Seattle Times staff reporter
While supporters of medical-marijuana Initiative 692 were savoring the aroma
of a decisive victory, the principal sponsor was already heading east to
increase the pressure on a reluctant federal government.
Rob Killian was expected to speak at a Washington, D.C., news conference
today calling for national changes in marijuana laws.
He was armed with formidable arguments. In addition to Washington state,
which gave Initiative 692 more than a 2-to-1 victory, voters in four other
states were sending the same message.
Alaska, Nevada, Oregon and Arizona also voted to legalize marijuana for
medical use. Colorado voters appeared to be voting for it as well, although
a dispute over the initiative process in that state meant the vote likely
won't count and will be up again in two years.
The victory margin was overwhelming in all of the states except Oregon. But
while Oregon voters were only narrowly approving medical marijuana, they
were decisively rejecting a companion ballot measure that would have imposed
criminal penalties for marijuana possession.
Killian, a physician who has recommended marijuana to dying hospice
patients, was also the leader of a 1997 measure that was defeated by voters
because it would have legalized a wider array of drugs.
This year, the narrowly defined measure calls for marijuana to be available
for cancer patients suffering from nausea associated with chemotherapy
treatment, or for people with AIDS, multiple sclerosis, epilepsy, glaucoma
or some other types of intractable pain. The use would have to be
recommended by a physician.
The measures in other states were similar. The only difference: Washington
calls for a letter from a doctor, while other states would provide licenses
for marijuana users.
The immediate effect, said Killian "is that patients will no longer need to
feel like criminals."
The longer-term goal, he added, is for the federal government to allow
marijuana to be sold in pharmacies.
Initiative 692 allows patients to have a 60-day supply. A care-giver is to
be allowed to help grow or administer the drug, although he or she would not
have access to it for his or her own use.
Advice and major financial support for the campaign was directed here by a
California group, Americans for Medical Rights, which supplied nearly
$800,000.
That group is principally supported by three men: billionaire George Soros
of New York, an internationally known financier; John Sperling of Arizona,
the millionaire founder of the University of Phoenix; and Peter Lewis, an
Ohio insurance executive. The three also were the main financial backers of
Initiative 685 in Washington state last year.
Dave Fratello, spokesman for Americans for Medical Rights, said the group
will now consider initiative campaigns in Maine, Illinois, Michigan and
Ohio. Quirks in a campaign law mean that Nevadans will have to take a second
vote again next year.
But regardless, he said, yesterday's vote "legitimizes the issue. The
pressure on the feds is unmistakable."
King County Prosecutor Norm Maleng, who had been one of the staunchest
opponents of the measure, said law enforcers will respect the will of the
electorate.
"It is going to apply to a very small number of cases," said Maleng, who
noted that his office will not prosecute terminally ill cancer patients but
clearly will be on the lookout for abuse of the new law.
-------------------------------------------------------------------
Prop 215 Supporters Cheered by Election Results - West Coast Sends a Mandate
for Marijuana Reform (A press release from California NORML summarizes
yesterday's victories for reform. In California, voters retired gubernatorial
candidate Dan Lungren, nemesis of Proposition 215, and replaced him with Bill
Lockyer as attorney general, a strong supporter of the California
Compassionate Use Act of 1996. California NORML also plans to propose
legislation to decriminalize personal-use cultivation, as has been
successfully tried in Australia and was recommended by the state Research
Advisory Panel in 1990.)
Date: Wed, 4 Nov 1998 14:41:30 -0800
To: dpfca@drugsense.org, aro@drugsense.org
From: canorml@igc.apc.org (Dale Gieringer)
Subject: DPFCA: Election 98:Californians Rejoice
Sender: owner-dpfca@drugsense.org
Reply-To: dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/
California NORML Press Release, Nov. 4th 1998
Prop 215 Supporters Cheered by Election Results;
West Coast Sends a Mandate for Marijuana Reform
California drug reformers were cheered by the state's overwhelming
rejection of Dan Lungren, the leading opponent of the state's medical
marijuana law, Prop. 215, in the race for governor, and by the victory of
state senator Bill Lockyer, an avowed Prop. 215 supporter, to succeed
Lungren as the state's next Attorney General.
Marijuana supporters were further elated by the convincing
victories of medical marijuana initiatives in five different states,
including all of California's neighbors, plus the decisive (2-to-1) defeat
of an Oregon measure that would have re-criminalized personal possession of
marijuana.
"The voters have sent a clear message to legalize medical
marijuana," declared California NORML coordinator Dale Gieringer. "We are
optimistic that California's new leaders will move constructively to
fulfill Prop. 215's mandate of 'safe and affordable distribution' of
marijuana to all patients in medical need."
Governor-elect Gray Davis, who scored an impressive, 20-point
victory, vowed to steer the state on a path of moderate reform. Davis
previously endorsed legislation by Sen. John Vasconcellos to create a state
medical marijuana research program and to help implement a medical
marijuana distribution system.
In the attorney general's race, Bill Lockyer won by 9% over Dave
Stirling, who had been serving as Lungren's second in command. Voters
appeared unimpressed by Stirling's charges that Lockyer had refused to
answer questions about whether he had ever used marijuana during his
26-year legislative career. Lockyer attacked Stirling for laxity in
enforcing the state ban on assault weapons.
In other, local races, Mendocino County voters elected a sheriff,
Tony Craver, and district attorney, Norman Vroman, who openly endorse the
decriminalization of marijuana.
California NORML hailed the election results as a mandate not only
for medical marijuana legalization, but also decriminalization in general.
"For sixteen years, California has been under the thumb of
governors firmly committed to criminal punishment of marijuana," notes
Gieringer.
"Over this period, the number of California's marijuana prisoners has
soared over 1,000% to record levels. The time has come for a new
approach." California NORML plans to propose legislation to reduce the
number of marijuana prisoners by decriminalizing personal use cultivation,
as has been successfully tried in Australia and was recommended by the
state Research Advisory Panel in 1990.
Meanwhile, marijuana activists throughout the state will be
pressing for greater local autonomy in drug policy in matters ranging from
medical marijuana to helicopter eradication programs. Ultimately, their
goal is to let local communities establish their own locally regulated
cannabis clubs, as in Amsterdam.
Looking ahead, reformers view the 1998 election as the harbinger of
a prohibition-free 21st century. "'Legalize 2000' is our slogan," says
Gieringer.
***
Dale Gieringer (415) 563-5858 // canorml@igc.apc.org
2215-R Market St. #278, San Francisco CA 94114
-------------------------------------------------------------------
Lockyer Will Succeed Lungren After Close Victory Over Stirling
(The San Jose Mercury News notes Bay Area Democrat Bill Lockyer, a supporter
of Proposition 215, on Tuesday won the race to replace Dan Lungren
as California attorney general, beating his Republican rival, Dave Stirling.)
Date: Fri, 6 Nov 1998 04:42:39 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Lockyer Will Succeed Lungren After Close Victory
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Marcus/Mermelstein Family (mmfamily@ix.netcom.com)
Pubdate: Wed, 4 Nov 1998
Source: San Jose Mercury News (CA)
Contact: letters@sjmercury.com
Website: http://www.sjmercury.com/
Copyright: 1998 Mercury Center
Author: HOWARD MINTZ, Mercury News Staff Writer
LOCKYER WILL SUCCEED LUNGREN AFTER CLOSE VICTORY OVER STIRLING
Bay Area Democrat Bill Lockyer on Tuesday won the hard-fought race for
California attorney general over his Republican rival, Dave Stirling.
Lockyer's lead over Stirling continued to widen throughout the night,
although the race remained one of the closer statewide contests on the
ballot.
Lockyer and Stirling were vying to succeed Attorney General Dan Lungren as
the state's top law-enforcement official. Lockyer, a state senator from
Hayward and career legislator, was trying to keep Stirling, Lungren's chief
deputy, from becoming one of the few Republican office-seekers to win a
statewide race on a day dominated by Democrats.
Stirling, at a gathering of Republican Party supporters in Newport Beach,
expressed optimism late Tuesday even as he watched his early lead slip away
as more votes were tallied. The conservative former state legislator and
one-time judge had not given a concession speech before midnight.
Lockyer, meanwhile, was hoping to benefit from Lt. Gov. Gray Davis' strong
performance in the governor's race. While both Lockyer and Stirling had
played down the importance of a coattail effect in their race, Lockyer aides
were confident a strong turnout by Democrats could only help their cause.
The new attorney general inherits an 890-lawyer office that handles
everything from death-penalty appeals to defending state agencies -- and a
post that often has been a launch pad for a run at the governor's mansion.
Lungren was only the most recent example of a candidate who sought to parlay
the attorney general's job into a run for governor.
Lockyer and Stirling waged a bitter campaign that grew more acrimonious in
its final weeks as polls showed the two candidates in a close race. By the
end of the campaign, Stirling and the Republican Party were openly
questioning whether Lockyer had smoked marijuana while a member of the
Legislature. And Lockyer was blasting Stirling for refusing to enforce the
state's ban on assault weapons.
The two candidates offered voters a sharp contrast, with the
archconservative Stirling pitted against Lockyer, a liberal backed heavily
during the campaign by labor unions and trial lawyers. Throughout the
campaign, Lockyer fended off attacks about his liberalism by citing crime
initiatives he supported in the Legislature, as well as his long endorsement
of capital punishment.
Stirling, meanwhile, tried to position himself as the best qualified
law-enforcement candidate, citing his role as chief deputy under Lungren.
Stirling, a former state legislator and judge, also counted on getting votes
based on the cachet of his chief deputy title on the ballot.
But despite Stirling's law-enforcement credentials, Lockyer managed to pull
some law-enforcement and Republican Party support from his opponent, who
received lukewarm backing from the state's Republican-dominated district
attorneys.
Lockyer surpassed Stirling in fundraising throughout the campaign, although
Stirling received a big boost in the stretch from tribes with a stake in the
outcome of Proposition 5, the Indian gaming initiative.
-------------------------------------------------------------------
Ex-felon elected as Mendocino District Attorney (The Associated Press
says voters in the Northern California county narrowly elected Norman Vroman,
a lawyer who served a federal prison term for failing to pay income taxes,
and who favors decriminalization of marijuana. Voters also elected as their
sheriff Tony Craver, who also favors decriminalizing marijuana.)
Date: Wed, 04 Nov 1998 15:41:22 -0500
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
From: ltneidow@voyager.net (Lee T. Neidow)
Subject: More Interesting CA Election News!!
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org
Ex-felon elected as Mendocino District Attorney
By The Associated Press
A convicted felon has been elected Mendocino County district attorney,
winning Tuesday's election along with a sheriff who backs legalizing
marijuana.
New District Attorney Norman Vroman, a lawyer who served a federal prison
term for failing to pay income taxes, also favors decriminalization of
marijuana.
Vroman scored a 52 to 48 percent upset victory over Susan Massini, one of
Mendocino County's longest serving district attorneys. She is president-elect
of the California District Attorneys Association.
Sheriff's Lt. Tony Craver won by a 58 to 42 percent margin over challenger
Lt. Phil Pintane. Both sought to succeed retiring Sheriff Jim Tuso.
"I'm very gratified in the trust and confidence that the voters of Mendocino
County have given me," Vroman said today.
Vroman, who contended all along that county voters would overlook his tax
and personal finance problems, pledged "not to betray them, nor violate
their trust."
More than 26,000 votes were cast.
Vroman served a nine-month prison term after being found guilty by a
federal jury of failing to pay federal income taxes. In addition, he piled
up $1.3 million in tax liens, and filed for bankruptcy twice, the most recent
in 1994.
During his 18-month campaign for district attorney, Vroman championed himself
as a "tax rebel." His stance in favor of decriminalization of marijuana also
proved popular in rural areas, where marijuana is the county's biggest cash
crop.
-------------------------------------------------------------------
Vroman Pulls Off Upset In Mendocino (The Santa Rosa Press Democrat version)
Date: Thu, 5 Nov 1998 00:07:52 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Vroman Pulls Off Upset In Mendocino
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: d9
Pubdate: Wed, 04 Nov 1998
Source: Santa Rosa Press Democrat (CA)
Contact: letters@pressdemo.com
Phone: 707/546-2020
Website: http://www.pressdemo.com/index.html
Copyright: 1998, The Press Democrat
Author: Mike Geniella, Press Democrat Bureau
VROMAN PULLS OFF UPSET IN MENDOCINO
UKIAH -- Mendocino County voters Tuesday elected Norman Vroman, a lawyer
who has twice filed for bankruptcy and served a federal prison term for
failing to pay income taxes, as the county's new District Attorney.
Lt. Tony Craver, who with Vroman during the campaign called for the
decriminalization of marijuana, won by a 58-42 percent margin over
challenger Lt. Phil Pintane.
Although early returns had the two veteran officers in a dead heat to
succeed retiring Sheriff Jim Tuso, Craver racked up big margins on the
coast and in outlying rural areas to take the race easily.
Vroman's 52-48 percent upset victory seemingly ended the political career
of Susan Massini, who suffered a crushing loss in 1996 at the polls when
she ran for Superior Court judge. Public Defender Ron Brown beat Massini
then by a 59-41 percent margin.
Despite that setback, Massini, one of the county's longest-serving district
attorneys and president-elect of the California District Attorneys
Association, decided to seek a fourth term.
On Tuesday, Vroman clung to a 927-vote margin out of more than 26,000 cast
in Tuesday's voting to defeat Massini.
"I'm very gratified in the trust and confidence that the voters of
Mendocino County have given me,''Vroman said early this morning.
Vroman, who contended all along that county voters would overlook his tax
and personal finance problems, pledged "not to betray them, nor violate
their trust.''
Tuesday's outcome stunned Massini and her supporters, who had been
bolstered by her strong performance in the June primary.
Massini then was the top vote-getter in a three-way race, capturing 44
percent of the vote compared to Vroman's 30 percent. Massini, who
positioned herself as the middle-of-road candidate, was expected to pick up
much of the support that went to conservative third primary candidate Al
Kubanis, who grabbed 26 percent of the vote.
Massini took an early lead in Tuesday's voting, as ballots from the inland
region were counted. But as coastal returns poured in, Massini fell behind
and never recovered the lead.
"I congratulate Mr. Vroman, and wish him well,'' Massini said early this
morning.
Massini said she was proud of her record, and her accomplishments during
her 12-year tenure as the county's top prosecutor.
Vroman served a nine-month prison term after being found guilty by a
federal jury of failing to pay federal income taxes. In addition, Vroman
piled up $1.3 million in tax liens, and filed for bankruptcy twice, most
recently in 1994.
But during his 18-month quest for district attorney, Vroman championed
himself as a "tax rebel,'' an image popular in a county where independence
from government regulation is prized. His stance in favor of
decriminalization of marijuana also proved popular in rural areas, where
the illicit weed remains the county's biggest cash crop.
-------------------------------------------------------------------
Ex-Con Elected DA In California's "Pot" Country (The Reuters version)
Date: Thu, 5 Nov 1998 18:22:09 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: WIRE: Ex-Con Elected DA In California's ``Pot'' Country
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Anonymous
Pubdate: Wed, 04 Nov 1998
Source: Reuters
Copyright: 1998 Reuters Limited.
EX-CON ELECTED D.A. IN CALIFORNIA'S ``POT'' COUNTRY
UKIAH, Calif. (Reuters) - An ex-convict has been elected the District
Attorney of northern California's Mendocino County, becoming the top
law enforcement official in a region famous for its hefty marijuana
crop.
Norman Vroman, a lawyer who served nine months in federal prison for
failing to pay income taxes and twice filed for bankruptcy, defeated
12-year incumbent Susan Massini by 52 to 48 percent of the vote.
``I'm very gratified in the trust and confidence that the voters of
Mendocino County have given me,'' Vroman told the Santa Rosa Press
Democrat, which reported his victory Wednesday.
Vroman, who campaigned as a pro-marijuana ``tax rebel,'' urged voters
to overlook both his prison record and financial woes. He pledged in
return ``not to betray them or violate their trust.''
Mendocino County, a largely rural area about 100 miles north of San
Francisco known as a haven for free-thinkers and cannabis farmers,
also got a new, pro-marijuana sheriff Tuesday when Lt. Tony Craver
beat Lt. Phil Pintane, the Press Democrat reported.
Craver campaigned with Vroman, and both men support the
decriminalization of marijuana.
Republication and redistribution of Reuters content is expressly
prohibited without the prior written consent of Reuters. Reuters shall
not be liable for any errors or delays in the content, or for any
actions taken in reliance thereon.
-------------------------------------------------------------------
2 Top Athletic Department Officials At CSUN Resign (The Los Angeles Times
says that after Cal State Northridge women's basketball Coach Michael Abraham
was arrested in the campus gymnasium last week and charged with intent
to distribute crack cocaine, the two top officials in the university's
athletic department resigned Tuesday, admitting that they knew of allegations
of the coach's illegal drug use.)
Date: Thu, 5 Nov 1998 18:12:40 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: 2 Top Athletic Department Officials At CSUN Resign
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Jim Rosenfield
Pubdate: Wed, 4 Nov 1998
Source: Los Angeles Times (CA)
Section: Sports
Copyright: 1998 Los Angeles Times.
Contact: letters@latimes.com
Fax: 213-237-4712
Website: http://www.latimes.com/
Author: Steve Henson, Times Staff Writer
2 TOP ATHLETIC DEPARTMENT OFFICIALS AT CSUN RESIGN
Paul Bubb And Judith Brame Step Down After Admitting They Knew Of
Allegations Of Coach's Drug Use
NORTHRIDGE - The two top officials in the Cal State Northridge
athletic department resigned Tuesday, one week after women's
basketball Coach Michael Abraham was arrested in the campus gymnasium
and charged with intent to distribute crack cocaine.
Paul Bubb, the athletic director for three tumultuous years, stepped
down under pressure from President Blenda J. Wilson. Judith Brame
resigned as associate athletic director and acting women's
basketball coach, although she will remain a tenured professor.
Wilson said that an interim athletic director will be chosen within a
week and that a search will begin for a permanent replacement.
The drastic action comes on the heels of admissions by Bubb and Brame
that they knew of allegations by players two years ago that Abraham
was using drugs.
Neither Bubb nor Brame informed Wilson of the charges.
After the coach's arrest, Bubb and Brame denied any knowledge of
suspected drug use by Abraham until the players who made the
allegations came forward in recent days.
"I respect the personal responsibility [Bubb and Brame] have taken,"
Wilson said. "They believed their effectiveness was diminished because
of the severity of the incident and the fact that they had previously
known of allegations and did not report them." The events of the past
week are merely the latest in a long string of athletic department
crises under Bubb, the most serious of which was a university decision
to eliminate four men's sports in June 1997 to free up funds for
women's sports, a decision reversed two months later after public protests.
Bubb, 41, appeared Tuesday night at a meeting of the university's
11-member advisory board on athletics and in an emotion-filled voice
read a prepared statement: "As information about Michael Abraham has
been reviewed over the past week by the university, my judgment has
been questioned. . . . While I found some of the issues the
student-athletes brought to me to be true and I addressed those issues
with Coach Abraham, I did not have information presented to me during
my review which could confirm drug use by Coach Abraham.
"I have given my best to the university and leave confident in my mind
that the decisions I have made as athletic director were in the best
interest of the department and the university." Brame, 58, spent the
morning in her office and said in a statement: "Because I care deeply
about Cal State Northridge athletics and my effectiveness in this
area, I have concluded that it is in the best interest of the program
for me to resign my administrative responsibilities." Wilson acted
quickly after an internal investigation was completed Tuesday. She met
with head coaches at 7:30 a.m., spoke with the women's basketball team
in the afternoon and announced the resignations to the advisory board.
"For me, the reality of drugs in our society is the most damaging and
evil thing our democracy is facing," she said. "This is a serious
matter and the entire university community is experiencing pain." The
head coaches expressed to Wilson a variety of concerns about
leadership in the athletic department, firming her resolve to oust
Bubb. She addressed three issues with them, the coaches said: * She
asked if they had known of Abraham's alleged involvement with drug
trafficking before he was arrested. All said they were unaware of his
involvement, although one coach told her that Abraham's former
assistants probably had known.
Wilson asked how the image of the athletic department could be
improved in the wake of the arrest. Most of the coaches said they
would volunteer to submit to random drug testing.
"If we are going to conduct drug-testing [on] our student-athletes, we
ought to be willing to do the same thing," said Bobby Braswell, men's
basketball coach. "We need to let the community know we have nothing
to hide." Wilson concluded the meeting by asking for "blind support"
on whatever decisions may be forthcoming, and the coaches agreed.
"This is tragic that things had to end up this way," Braswell said.
"At a time we are trying to establish a Division I program, we need
things to be heading into a positive direction.
"Although I am very appreciative of Paul hiring me into this position,
I understand his decision and Judy's decision to step down and do what
is best for the athletic department. People need to know we are still
here and still operating." Wilson said she already has received faxes
and phone calls from candidates for the job of athletic director.
"We need a strong leader who can bring us together as a team," said
Michael Rehm, athletic director for development. "We need to do this
swiftly." Wilson said she is allowing the women's basketball team to
decide whether to hire a new head coach or promote one of the current
assistants--Frozena Jerro, Karon Howell or Tara Harrington. Jerro has
one year of experience at Northridge and the others are in their first
season.
Bubb was hired by Northridge in August 1990 as director of athletic
fund-raising. He was hired as athletic director in April 1996 after
assuming control on an interim basis nine months earlier following the
resignation of Bob Hiegert.
Before coming to Northridge, he worked in fund-raising capacities at
Drake University in Des Moines and the University of Southern
Illinois-Carbondale.
Brame came to Northridge as women's basketball coach in 1974 and, with
the exception of 1979-80, served until 1983. She was women's athletic
director from 1978 to 1987, associate athletic director from 1987 to
1993, and senior associate athletic director since 1994.
She held various coaching roles at UC Davis and Cal Poly Pomona before
coming to Northridge.
-------------------------------------------------------------------
Medical Marijuana Initiative Clears Its First Hurdle
(The Las Vegas Review-Journal says Nevada voters asserted their independence
Tuesday and decisively approved Question 9, which would allow doctors
to recommend marijuana to patients with serious illnesses. Partial returns
showed the medical marijuana question was approved by 59 percent
to 41 percent. But Nevada voters must approve Question 9 again in 2000.)
Date: Wed, 4 Nov 1998 19:40:34 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US NV: MMJ: Medical Marijuana Initiative Clears Its First
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: Las Vegas Review-Journal (NV)
Contact: letters@lvrj.com
Website: http://www.lvrj.com/lvrj_home/
Copyright: Las Vegas Review-Journal, 1998
Author: Ed Vogel and Sean Whaley Donrey Capital Bureau
Fax: 702-383-4676
Pubdate: 4 Nov 1998
MEDICAL MARIJUANA INITIATIVE CLEARS ITS FIRST HURDLE
CARSON CITY -- Nevada voters asserted their independence Tuesday and
decisively approved Question 9, which would allow doctors to recommend
marijuana to patients with serious illnesses.
Partial returns showed the medical marijuana question was approved by 59
percent of the voters, compared with 41 percent who opposed its passage.
Question 9 had been opposed by most political and law enforcement leaders,
who warned it could lead to increased illegal drug use and flies in the
face of federal laws that make possession of marijuana a crime.
"This was a question about individual freedom and a question of
compassion," said Dan Hart, leader of Nevadans for Medical Rights. "This is
a state that prides itself on individual freedom."
Attorney General Frankie Sue Del Papa, who opposes medical marijuana, said
the vote sends the message that pain management alternatives must be
developed for sick people.
"What I saw is the baby boomers are getting old and they are concerned
about pain management," she said.
Unlike the three other states and the District of Columbia that also had
medical marijuana proposals on their Tuesday ballots, Nevada voters must
approve Question 9 again in 2000.
Only then could the Legislature begin setting up a distribution and
regulatory system for marijuana. The proposal calls for creation of a
registry through which law enforcement officers could determine whether a
person could receive marijuana for medical reasons.
Hart said the concerns expressed by opponents are misplaced. He said the
Legislature will pass laws to ensure the drug falls only into the hands of
people with serious illnesses.
"There will be enough safety built into the law," Hart said. "It is not
going to foster recreational drug use."
With final approval, marijuana could be recommended to people who suffer
from AIDS, cancer, glaucoma, epilepsy, multiple sclerosis and other illnesses.
More than 73,000 Nevadans last spring petitioned to put the medical
marijuana proposition before voters.
As expected, partial returns showed voters overwhelmingly approving
Question 5, which would require the Legislature starting next year to
adjourn within 120 days. The question was favored by 70 percent and opposed
by 30 percent.
Legislatures now meet every other year for an indefinite length. In the
last decade, no Legislature has adjourned in fewer than 165 days.
Senate Majority Leader Bill Raggio, R-Reno, and other supporters contended
passage of the proposal would save taxpayers $3 million to $4 million. But
opponents, such as Sen. Dina Titus, D-Las Vegas, maintained approval would
increase the power of the Legislature's nonelected staff of more than 200
full-time workers. She also expressed concern that increases in the
legislative staff would wipe out any savings.
Here are partial results of other ballot questions:
--Question 1: 61 percent in favor, 39 percent opposed. Passage would
resolve conflicts when two laws or constitutional amendments approved by
voters deal with the same matter. Under its dictates, the proposal that
receives the most votes would prevail.
--Question 2: 58 percent in favor, 42 percent opposed. Passage would allow
the Legislature to set rules governing the Commission on Judicial
Discipline. The Supreme Court now sets the rules and came under heavy fire
several years ago when it intervened in the disciplinary case affecting
former District Judge Jerry Carr Whitehead of Washoe County.
--Question 3: 54 percent in favor, 46 percent opposed. Passage would let
counties designate locations other than the county seat to hold sessions of
district court. Now district courts only meet in county seats, and in some
counties, such as Nye, that is more than 100 miles from other cities.
--Question 4: 53 percent in favor, 47 percent opposed. Passage would let
the Legislature designate the last Friday in October as a legal holiday to
celebrate Nevada's admission day. When the holiday falls in the middle of
the week, few working people can attend a Nevada Day parade and other
anniversary festivities in Carson City.
--Question 6: 43 percent in favor, 57 percent opposed. Passage would allow
the Legislature to reduce taxes on property whose owners take steps to
reduce the use of water. Sen. Mark James, R-Las Vegas, proposed the
question as an incentive to promote the conservation of water.
--Question 7: 43 percent in favor, 57 percent opposed. Passage would
require state and local governments to charge sales taxes on items they
sell to the public. Taxes would be collected on items purchased by people
in museums, state parks, beaches and stores operated by governments.
--Question 8: 39 percent in favor, 61 percent opposed. Passage would remove
the lieutenant governor as president of the state Senate, a largely
parliamentarian role, and replace that person with a senator elected by the
Senate.
--Question 17: 57 percent in favor, 43 percent opposed. Passage would
require state legislators and Nevada's congressional delegation to support
a constitutional amendment to impose term limits for members of the U.S.
Senate and House of Representatives. Those who do not will have a statement
-- "Disregarded voter instruction on term limits" -- placed by their names
on the next election ballot.
-------------------------------------------------------------------
24 shots came from 1 officer in Oregon case (The Houston Chronicle
says one of the six Houston prohibition agents who broke into the home
of an innocent man, Pedro Oregon Navarro, without a warrant, fired
his semiautomatic pistol at the 22-year-old man until the magazine was empty,
then reloaded and continued firing.)
From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: 24 shots came from 1 TX officer in mistaken raid
Date: Thu, 5 Nov 1998 19:15:39 -0800
Sender: owner-when@hemp.net
November 04, 1998, 09:07 p.m.
24 shots came from 1 officer in Oregon case
Policeman fired until gun empty, then reloaded and kept firing
By BOB SABLATURA
Copyright 1998 Houston Chronicle
One of the officers nobilled in the death of Pedro Oregon Navarro fired his
semiautomatic pistol at the 22-year-old man until the magazine was empty,
then reloaded and continued firing.
In all, Officer David R. Barrera fired 24 of the 33 shots discharged in
Oregon's southwest Houston apartment July 12, according to sources familiar
with the investigation.
Assistant District Attorney Ed Porter confirmed that Barrera fired most of
the shots. While the medical examiner's office could not determine the exact
caliber of the bullets that made the 12 wounds in Oregon's body, Porter
said, three of the four bullets recovered from the body were fired from
Barrera's weapon.
Porter, who was present on the scene a few hours after the shooting -- and
reconstructed it during a walk-through with the officers involved --
suggested that the bullets that struck Oregon may have been some of the last
shots that the officers fired.
"I strongly suspect that was the case," Porter said.
Richard Mithoff, an attorney representing Oregon's family, said it is
"incomprehensible" that one of the officers paused to reload his weapon.
"They had no grounds to be in the apartment, and no grounds to open fire,"
Mithoff said. "And if this is true, there certainly was no grounds to reload
and execute this guy lying on the ground."
Aaron Ruby, a member of the Justice for Pedro Oregon Coalition, said
Barrera's actions could only be termed "homicidal and premeditated," and
probably explain the numerous bullet holes in Oregon's back.
"If that fact was known to the grand jury, it makes their actions all the
more outrageous," Ruby said. "I believe the people of Houston will be
stunned when they learn of this."
Harris County District Attorney John B. Holmes Jr. said state law allows
police officers to use deadly force if they believe it necessary for
self-defense and can continue shooting "so long as they reasonably perceive"
the threat continues.
"An analogy I use is that if it is OK to kill a guy dead, it is OK to kill
him dead, dead, dead," Holmes said.
Holmes said it is also not uncommon for a police officer involved in a
shooting to have no idea how many shots he fired.
Barrera, a five-year veteran of the Houston Police Department, was armed
with a 9 mm Sig-Sauer semi-automatic pistol loaded with nylon-coated
bullets.
According to the Police Department, after illegally entering Oregon's
apartment with fellow members of the HPD gang task force in an unsuccessful
search for drugs, Barrera and several other officers chased Oregon to his
bedroom and kicked in the locked door. During the pursuit, Barrera's pistol
discharged, striking one of his partners in the shoulder.
The officers said they believed they were being shot at, and two officers
joined Barrera in firing at Oregon.
Barrera emptied his pistol, paused to reload a new magazine, and resumed
firing, according to prosecutors.
Investigators later determined that Barrera fired a total of 24 rounds.
Barrera's weapon was originally loaded with a standard 16-round magazine,
which held at least 14 rounds. He reloaded with an extended magazine holding
even more rounds. The second magazine was not emptied, according to sources.
Officers David R. Perkins and Pete A. Herrada fired a total of nine rounds
between them. Both officers were armed with similar .40-caliber handguns.
Perkins carried a Sig-Sauer Model 40 and Herrada was armed with a Glock
Model 23.
Prosecutors said only about 10 seconds elapsed from the time the shooting
began to the time it ended.
Semi-automatic pistols typically are double-action on the first shot,
meaning that pulling the trigger draws the hammer back -- cocking it -- and
then releases it.
After the first shot, the hammer remains in a cocked position so less
trigger-tension is required to fire the weapon, making it fire quicker. The
officer can also aim the gun more accurately because it takes less movement
of the trigger to discharge shots.
Oregon's body was hit 12 times, nine times in the back, once in the back of
the shoulder, and once in the back of his left hand. In addition, one shot
entered the top of his head, exiting above the right ear.
At least nine shots entered his body at a downward angle, suggesting he was
shot while face-down on the floor. Four bullets were recovered from Oregon's
body, and numerous bullet fragments were found underneath the carpet beneath
the body.
The body was face-down, with his head toward the doorway through which the
police officers were firing.
Attorneys for the Oregon family dispute the police officers' version of
events, and say Oregon was not in the front of the apartment when police
illegally barged in.
"It is my understanding that he was in the bedroom," Mithoff said.
They also contend that some of the officers' shots were fired through the
bedroom wall, indicating they were blindly firing into the room.
Porter said he has examined numerous crime scenes involving police shootings
during his career and is amazed just how often shots fired by police
officers miss their mark.
"Most people think an officer fires a weapon and someone gets shot," Porter
said. "Often that is just not the case."
Holmes said the grand jury heard evidence regarding all the shots fired, the
trajectory of the bullets, the position of the officers and the medical
examiner's reports regarding wounds to Oregon's body.
"The specific number of times and the path of the projectiles was known to
the grand jury," Holmes said.
After hearing all the evidence, a grand jury cleared five of the six
officers -- including Barrera -- of all charges. One officer was charged
with a misdemeanor offense of criminal trespass.
Earlier this week, all six officers were fired by Chief C.O. Bradford for
violating the law and ignoring department procedures.
Barrera's attorney did not respond to a request for an interview.
Rick Dovalina, national president of LULAC, said he is especially concerned
that HPD Internal Affairs found the officers had violated the law in
conducting the raid, but the grand jury had brought no charges.
He renewed his call for Holmes to try to bring charges against the officers.
"They are both supposed to be looking at the same evidence," Dovalina said.
"Johnny Holmes needs to do the right thing and present the case to another
grand jury."
-------------------------------------------------------------------
HPD steps out in Oregon death (Three diverse letters to the editor
of The Houston Chronicle focus on the killing of Pedro Oregon Navarro
by Houston prohibition agents who broke into his home without a warrant.)
Date: Wed, 4 Nov 1998 19:28:04 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US TX: PUB LTE: HPD Steps Out In Oregon Death
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: adbryan@onramp.net
Pubdate: Wed, 4 Nov 1998
Source: Houston Chronicle (TX)
Section: Letters to the Editor
Contact: viewpoints@chron.com
Website: http://www.chron.com/
Copyright: 1998 Houston Chronicle
Author: (Noted with each letter)
[Newshawk note: The moron that wrote the first letter seems to be forgetting
one important thing -- PEDRO OREGON WAS NO CRIMINAL.]
***
HPD steps out in Oregon death
I do not want to uphold the Houston Police Department officers in the
Pedro Oregon Navarro shooting for entering Oregon's residence on the
basis of an unreliable informant, but I do understand the shooting once
the officers got inside.
Much has been said about Oregon's weapon that was not fired, but in my
42 years' experience as a policeman and a criminal investigator, I never
saw an officer let a criminal take the first shot if it could be
avoided. Most criminals do not miss their first shot like in the movies.
Fear is a constant companion of police officers and especially those on
narcotics and major crime squads. When an officer has to shoot to
protect his life or the life of another, he is trained to shoot more
than one time because the culprit might shoot back if only wounded. Many
officers do not stop shooting until their weapons are empty.
The media are quick to condemn those who make a mistake and try them in
the press before they get their day in court. Everyone forgets about the
criminal and his activities in order to crucify the officers, who were
only trying to make the streets safer for the citizens. This is the
reward they get for their years of dedicated service.
Joe S. Price, Crosby
***
Police Chief C.O. Bradford did the right thing in firing the six police
officers who shot Pedro Oregon Navarro under the guise of drug
enforcement. As the chief noted, not only did the officers violate
policy by not notifying their superiors of their impending raid, they
were also grossly flippant with their guns.
Law enforcement is an extremely difficult and dangerous job. However,
professional restraint should be the guideline in matters of life and
death. Doing the right thing is an art and you have to have the heart to
do it. Bradford definitely has the heart and he deserves commendation
for letting the officers go.
Hopefully, the plight of those officers and the reaction of the
department will serve as a clarion call to other officers to respect the
law or ship out of the force. Chief Bradford's action reinforces public
trust in the fact that the Police Department can police itself. And no
doubt such trust will yield respect and public support for the police.
Alex Edema, Houston
***
The decision by Houston Police Chief C.O. Bradford to fire the six
police officers involved in the killing of Pedro Oregon Navarro is a
first-step victory in response to the campaign of public protests
demanding that charges be brought against those involved. This
acknowledgment of the officers' wrongdoing and guilt, as well as
indications of improprieties of the grand jury bolster the case for
another grand jury investigation. No fair-minded person believes that
the (deserved) loss of their jobs is suitable punishment for illegally
breaking in and killing Oregon. This is merely the first step.
Aaron Ruby, Houston
-------------------------------------------------------------------
Results of DC Marijuana Vote Kept Secret Pending Court Action (The Washington
Post says the DC Board of Elections and Ethics decided yesterday that the
election returns for Initiative 59, the District of Columbia's medical
marijuana ballot measure, must remain secret to comply with rules passed by
Congress. However, an exit poll funded by Americans for Medical Rights found
that those who voted on it favored it by 69 percent.)
Date: Wed, 4 Nov 1998 03:28:07 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US DC: WP: MMJ: Results of D.C. Marijuana Vote Kept Secret
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: DrugSense http://www.DrugSense.org/
Pubdate: Wed, 04 Nov 1998
Source: Washington Post (DC)
Page: A36
Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website: http://www.washingtonpost.com/
Copyright: 1998 The Washington Post Company
Author: Peter Slevin and Caryle Murphy, Washington Post Staff Writers
Wednesday,
RESULTS OF D.C. MARIJUANA VOTE KEPT SECRET PENDING COURT ACTION
Voters made their choices, machines counted ballots, but the results of the
District's medical marijuana initiative must remain secret to comply with
rules passed by Congress, the D.C. Board of Elections and Ethics decided
yesterday.
Tabulated yeas and nays on Initiative 59 could not be announced because of
the legislative action, the board concluded. Congress had barred the
District from spending money to carry out any ballot initiative that would
legalize drugs or reduce penalties for drug use, possession or sale.
And Congress was watching yesterday. Hill staff members called to learn how
ballots were being counted, said Kenneth McGhie, elections board general
counsel. To make sure the results remained unknown and Congress was not
defied, he said, workers whited-out the numbers.
With ballots printed and computers programmed to count them, what would the
cost be of announcing the result?
"Very, very minimal," McGhie said.
The fate of Initiative 59, which would permit patients to use marijuana
with a doctor's recommendation, now rests in U.S. District Court, where
supporters are demanding that the vote be honored. McGhie said the
elections board may seek court guidance as early as today. Until then, it
will take no further steps.
"Ever mindful of its primary role of insuring a fair and honest election,
the board is reluctant to enter into a political dispute with Congress,"
elections board Chairman Benjamin Wilson said in a prepared statement.
"However, the board must have direction from the court."
An exit poll funded by Americans for Medical Rights, which sponsored
medical marijuana initiatives in five states and supported Initiative 59
with mailings, concluded that the measure would be approved by a
significant margin.
The poll surveyed 763 voters. Twelve percent of them did not cast a vote on
the initiative. Of those who did vote, 69 percent said they voted for it.
The poll's margin of error was 3.6 percentage points.
Supporters of the ballot measure were angered by what Congress did.
James Millner, spokesman for the Whitman-Walker Clinic, which helped
sponsor the ballot measure, called the congressional action an "assault on
democracy." He said yesterday, "It's Congress looking at a group of people
-- citizens of the District of Columbia -- and saying, 'Your vote doesn't
matter.' People who oppose this initiative also should be angry about this."
At an East Capitol Street precinct, 10 of 12 voters said they voted in
favor of the initiative. Margaret Loewinger sees the matter in personal
terms. "I've seen death and dying too closely. I've watched my dad suffer
from cancer," said Loewinger, 51, who works at the Kennedy Center and the
Library of Congress. She favors "anything that can be done to improve the
quality of life. I'm not concerned that it's going to confuse our
policemen's jobs."
David Vaughan, a 28-year-old federal government analyst who opposes the
measure, said, "I don't want to go down that slippery slope of allowing
illegal drugs to be legal."
Activists gathered 17,000 signatures to put the issue on the District
ballot, only to learn that Congress wanted the measure killed. Rep. Robert
L. Barr Jr. (R-Ga.), a former prosecutor, sponsored the ban on spending as
an amendment to the D.C. appropriations bill.
The American Civil Liberties Union filed suit on Friday, asking U.S.
District Judge Richard Roberts to prevent Congress from voiding the
election results. The complaint cites the First Amendment in asking the
court to order the election board to certify the results.
Supporters say Initiative 59 is designed to help residents afflicted with
diseases such as AIDS, cancer and glaucoma. It would permit people to use,
cultivate and distribute marijuana if recommended by a doctor. A doctor's
prescription would not be necessary.
The measure also would require the city to provide for the "safe and
affordable" distribution of the drug to Medicaid patients and other needy
residents who qualify.
Marijuana possession is a crime in the District, punishable by a sentence
as long as six months in jail and a fine of $1,000. Last year, D.C. courts
recorded 313 convictions on marijuana-related charges, including 231 for
possession. In 1996, there were 216 convictions. In 1995, there were 140.
Custodian Mohammad Adil, 50, voted in favor of Initiative 59, not the least
because marijuana "comes from the ground. It probably has medicinal
purposes."
-------------------------------------------------------------------
Marijuana Vote Results Kept Secret (A slightly different Washington Post
account)
Date: Wed, 4 Nov 1998 19:03:32 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US DC: MMJ: Marijuana Vote Results Kept Secret
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Citizens for Compassionate Cannabis (cohip@levellers.org)
Pubdate: Wed, 4 Nov 1998
Source: Washington Post (DC)
Page A37
Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website: http://www.washingtonpost.com/
Copyright: 1998 The Washington Post Company
Author: Peter Slevin and Caryle Murphy
MARIJUANA VOTE RESULTS KEPT SECRET
Voters made their choices, machines counted ballots, but the results
of the District's medical marijuana initiative must remain secret to
comply with rules passed by Congress, the D.C. Board of Elections and
Ethics decided.
To avoid crossing Congress, election workers used white-out to hide
the results on computer printouts, said Kenneth McGhie, elections
board general counsel.
Tabulated yeas and nays on Initiative 59 cannot be announced, the
board concluded, because Congress barred the District from spending
money to carry out any ballot initiative that would legalize drugs or
reduce penalties for their use, possession or sale.
The fate of Initiative 59, which would permit patients to use
marijuana with a doctor's recommendation, now rests in U.S. District
Court, where supporters are demanding that the vote be honored. Until
the ruling is made no hearing is scheduled - the elections board will
take no further steps.
"The board will comply with the order of the court at the appropriate
time," elections board Chairman Benjamin Wilson said in a statement.
"Ever mindful of its primary role of insuring a fair and honest
election, the board is reluctant to enter into a political dispute
with Congress. However, the board must have direction from the court."
Supporters of the ballot measure were angered by the congressional
move.
James Millner, spokesman for the Whitman-Walker Clinic, which helped
sponsor the ballot initiative, called congressional action an "assault
on democracy." He said, "It's Congress looking at a group of people -
citizens of the District of Columbia - and saying, 'Your vote doesn't
matter.' People who oppose this initiative also should be angry about
this."
At a Northeast Washington precinct on East Capitol Street, 10 of 12
voters said they voted in favor of the initiative.
Retired federal employee Rosetta Hamm, 66, said, "I'm against drugs,
period, but if it helps the sick and the ill, I'm for it, especially
for those with HIV."
Margaret Loewinger sees the matter in personal terms. "I've seen death
and dying too closely. I've watched my dad suffer from cancer," said
Loewinger, 51, who works at the Kennedy Center and the Library of
Congress. She said she was in favor of "anything that can be done to
improve the quality of life. I'm not concerned that it's going to
confuse our policemen's jobs."
David Vaughan, a 28-year-old federal government analyst who opposes
the measure, said, "I don't want to go down that slippery slope of
allowing illegal drugs to be legal."
Activists gathered 17,000 signatures to get the measure on the
District ballot, only to learn last month that Congress would rather
the measure die. U.S. Rep. Robert L. Barr Jr. (R-Ga.), a former
prosecutor, sponsored the amendment to the D.C. appropriations bill
prohibiting the District from spending money on such an initiative.
The American Civil Liberties Union filed suit in U.S. District Court
on Friday, asking Judge Richard Roberts to prevent Congress from
voiding the election results. The lawsuit asks the court to order the
city elections board to certify the results, allowing Initiative 59 to
become law if it passes.
Initiative 59 is designed to help residents of the city afflicted with
diseases such as AIDS, cancer and glaucoma. It would permit people to
use, cultivate and distribute marijuana if "recommended" by a doctor.
A doctor's prescription would not be required.
The measure also would require the city to provide for the "safe and
affordable" distribution of the drug to Medicaid patients and other
impoverished residents on a doctor's recommendation.
Marijuana possession is a crime in the District, punishable by a
sentence as long as six months in jail and a fine of $1,000. Last
year, D.C. courts recorded 313 convictions on marijuana-related
charges, including 231 for possession. In 1996, there were 216
convictions. In 1995, there were 140.
Custodian Mohammad Adil, 50, voted in favor of Initiative 59, not the
least because marijuana "comes from the ground. It probably has
medicinal purposes."
-------------------------------------------------------------------
DC Won't Disclose Vote, Cites Congress' Pressure (The Chicago Tribune
version)
Date: Wed, 4 Nov 1998 19:28:05 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US DC: MMJ: DC Won't Disclose Vote, Cites Congress' Pressure
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Steve Young
Pubdate: 4 Nov 1998
Source: Chicago Tribune (IL)
Section: Sec. 1
Contact: tribletter@aol.com
Website: http://www.chicagotribune.com/
Copyright: 1998 Chicago Tribune Company
Author: Reuters
D.C. WON'T DISCLOSE VOTE, CITES CONGRESS' PRESSURE
WASHINGTON -- The District of Columbia Board of Elections, citing
pressure from Congress, said Tuesday that it will not release the
results of a ballot initiative aimed at legalizing the use of
marijuana for medical purposes.
In a statement released late Tuesday, Benjamin Wilson, chairman of the
district's Board of Elections and Ethics, said the board had been
instructed by Congress that a district spending bill passed last month
prevented not only certification of the election results but their
release to the public in any form.
The spending bill included an amendment that prohibits the use of any
local funds to conduct the ballot initiative.
The American Civil Liberties Union last week filed a suit in U.S.
District Court to declare the ban unconstitutional.
The Board of Elections said Tuesday it would separately ask the court
to decide whether it must "abide by the 1st Amendment to ensure the
free-speech rights of District of Columbia citizens are protected or
whether it must follow the prohibition" passed by Congress.
Wilson noted that the initiative, put on the ballot after supporters
collected 32,000 signatures, was made part of the ballot and was
distributed to absentee voters before Congress passed the district's
spending bill Oct. 21.
"Therefore, it was physically impossible, as well as financially
impracticable, for the board to reprint and issue new ballots without
including the (initiative) test . . .," Wilson said.
He said the board would comply with the congressional directive and
was reluctant to "enter into a political dispute with Congress," but
he said the board needs instruction from the court on how to proceed.
Wayne Turner, who spearheaded the campaign to legalize marijuana in
the district, said Board of Elections workers had been threatened by
members of Congress with criminal contempt citations if they released
the results of the vote.
"This makes me afraid," he said, calling the decision to withhold the
vote tabulation "a huge can of worms. We worked so hard to collect
these votes and get this initiative on the ballot. I just want to know
how we did."
The initiative was expected to pass here, as were similar measures on
five states' ballots.
-------------------------------------------------------------------
Action Alert - National Call-in Day for I-59 (A bulletin from Colorado
Citizens for Compassionate Cannabis urges you to call your US representative
and two US senators to demand that the votes be counted for Initiative 59,
the District of Columbia's medical marijuana ballot measure.)
Date: Tue, 3 Nov 1998 00:26:35 -0700 (MST)
From: ammo (ammo@levellers.org)
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Subject: ACTION ALERT: Nat'l Call-in Day for I-59
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org
Please copy and re-distribute this announcement.
***
NATIONAL CALL-IN DAY
Wednesday, November 4, 1998
CALL CONGRESS:
D.C. Initiative 59 Votes Must Be Counted!
House: (202) 225-3121
Senate: (202) 224-3121
Washington, DC -- In the history of the Republic, Congress have never
suspended an election. Even in wartime, this nation adheres to the
democratic process and principles it promotes and defends throughout the
world. Yet an amendment included on the FY 1999 D.C. budget prohibits
the certification of election results conducted in the District of
Columbia on a citizens' initiative which protects the sick and dying,
Initiative 59. (see text of the Barr amendment to the DC Appropriations
bill at http://www.levellers.org/dcbarr.htm)
The D.C. Board of Elections had originally stated that they would at least
tabulate the results, but on Election Day they bowed to pressure from
Congress and now refuse to release the results of the Initiative 59 vote.
The Vote Yes on 59 Campaign, along with the ACLU, will be in court
Wednesday morning seeking a court order to have the votes for Initiative
59 tabulated. In the meantime, we need to let Congress know that the
People will not tolerate their attempt to prohibit fair and democratic
elections in the District of Columbia.
***
Call your Representatives and Senators on Wednesday, Nov. 4
Demand that they pass legislation immediately that will allow the D.C.
Board of Elections and Ethics to tabulate and certify the votes for
Initiative 59. Express your outrage at Congress trying to silence a vote
of the people.
U.S. House of Representatives
(202) 225-3121
U.S. Senate
(202) 224-3121
Directory of U.S. Senators:
http://www.senate.gov/senator/membmail.html
http://www.earthlaw.org/Activist/senatadd.htm
Directory of U.S. Representatives:
http://clerkweb.house.gov/mbrcmtee/mbrcmtee.htm
http://www.visi.com/juan/congress/
***
For more information, to make a donation, contact:
Yes on 59 Campaign
Wayne Turner
409 H Street N.E. - Suite #1
Washington, D.C. 20002-4335
Phone: (202) 547-9404
Fax: (202) 547-9448
***
Washington Post
November 4, 1998
Marijuana Vote Results Kept Secret
By Peter Slevin and Caryle Murphy
Washington Post Staff Writers
Wednesday, November 4, 1998; Page A37
[Follow the link - snipped to avoid duplication. - ed.]
***
More information, Initiative 59 Web Page
http://www.actupdc.org
Background on Congress trying to prohibit this D.C. Election:
http://www.levellers.org/dcstat.htm
See DC Board of Elections Press Release (11/3/98):
http://www.levellers.org/dcboe_pr.htm
Check the D.C. Board of Elections Web Page for the tally when Initiative 59
is counted:
http://www.dcboee.org/htmldocs/113noche.htm
For more information about the struggle for Home Rule in DC, see:
http://emporium.turnpike.net/P/ProRev/freedc.htm
http://emporium.turnpike.net/P/ProRev/dckill.htm
***
Protect the Patients!
***
ACT UP! FIGHT BACK! FIGHT AIDS!
***
Distributed by:
Colorado Citizens for Compassionate Cannabis
P.O. Box 729
Nederland, CO 80466
Phone: (303) 448-5640
Email: cohip@levellers.org
Web: http://www.levellers.org/cannabis.html
To get on our mailing list, send an email with the word SUBSCRIBE in the
title.
-------------------------------------------------------------------
Wrong Government Message (A letter to the editor of USA Today
responds to an op-ed by the White House Drug Czar, General Barry McCaffrey,
who wrote that science, not popular votes, should determine marijuana's
medical availability. However, the general ignores two important facts.
Marijuana was a bona fide medicine in the United States Pharmacopeia until
1940, when it was removed for political rather than scientific reasons. And
for 20 years the government has willfully blocked scientific research that
would confirm marijuana's medical efficacy.)
Date: Wed, 4 Nov 1998 17:32:46 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: PUB LTE: MMJ: Wrong Government Message
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Paul_Bischke@datacard.com (Paul Bischke)
Pubdate: Wed, 4 Nov 1998
Source: USA Today (US)
Copyright: 1998 USA TODAY, a division of Gannett Co. Inc.
Contact: editor@usatoday.com
Website: http://www.usatoday.com/news/nfront.htm
Author: Paul M. Bischke
WRONG GOVERNMENT MESSAGE
The various state medical-marijuana initiatives are indeed, as USA
TODAY says, "A way to ease suffering." When Barry McCaffrey and
Donald Vereen say science, not popular votes, should determine
marijuana's medical availability, they ignore two important facts:
-- Marijuana was listed as a bonafide medicine in the United States
Pharmacopeia until 1940, when it was removed for political rather than
scientific reasons, a scare prompted in part by the movie "Reefer Madness."
-- For 20 years the feds have willfully blocked scientific research
that could have confirmed marijuana's medical efficacy.
In effect, the people have had to resort to the ballot box to remedy
the government's actions against marijuana -- which are both
unscientific and immoral.
The federal drug warriors have turned "just say no" into "just let `em
suffer," a bad message for adults and children alike.
Paul M. Bischke, co-director Drug Policy Reform Group St. Paul, Minn
-------------------------------------------------------------------
Medical Marijuana Wins at Polls (According to an early-morning Associated
Press article, voters in Arizona, Nevada and the state of Washington said
"Yes" to medical marijuana, while election officials in the District of
Columbia said "Shhh." Reform measures are expected to win in Alaska and
Oregon, while Arizona voters cleared the way for a second time to let doctors
prescribe marijuana and some other illicit drugs for seriously ill patients.)
Date: Mon, 2 Nov 1998 23:38:31 -0700 (MST)
From: ammo (ammo@levellers.org)
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Subject: AP: Medical Marijuana Wins at Polls
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org
NOVEMBER 04, 00:50 EST
Medical Marijuana Wins at Polls
By The Associated Press
Voters in Arizona, Nevada and the state of Washington said ``Yes'' to
medical use of marijuana Tuesday, while election officials in the District
of Columbia said ``Shhh.''
Officials in the nation's capital decided not to release results of the
medical marijuana vote there, under pressure from a disapproving Capitol
Hill.
Alaska and Oregon also considered medical marijuana measures. Supporters of
such measures say smoking marijuana can ease pain, restore appetite, reduce
eye pressure in cases of glaucoma, and quell nausea from cancer
chemotherapy.
Nevada voters amended the state constitution to let patients with
catastrophic illnesses get marijuana prescriptions. The measure must be
approved by voters again in 2000 before it can take effect, but even then,
the state attorney general's office has vowed it will not be implemented
until federal law is changed.
The amendment would allow patients with illnesses such as cancer, AIDS and
glaucoma to use marijuana.
The Washington state measure says patients with certain terminal and
debilitating illnesses, or their care-givers, may grow and possess a 60-day
supply of marijuana. The exact amount isn't specified.
Physicians who advise qualifying patients about the risks and benefits of
marijuana use are protected from prosecution.
Arizona voters cleared the way for a second time to let doctors
prescribe marijuana and some other illicit drugs for seriously ill
patients.
Two years ago, Arizona voters overwhelming approved a measure that made
prescribing marijuana and 115 other ``Schedule 1'' narcotics legal, if two
doctors agreed to the presciption. Schedule 1 drugs are deemed by the
federal government to be highly addictive and of no medicinal value.
On Tuesday, voters rejected a legislative requirement that marijuana be
approved by the Food and Drug Administration or Congress before all the
drugs would be eligible for prescription.
District of Columbia officials decided to keep voting results there secret
because of a decision on Capitol Hill last month. Congress amended a
district budget bill to forbid spending money on the referendum because it
opposes legalization of marijuana.
The American Civil Liberties Union said it would file a Freedom of
Information Act request to get the vote results released. If the ACLU
succeeds in getting the vote certified and the initiative wins, Congress
can still veto the measure by a majority vote in both houses.
-------------------------------------------------------------------
Medical Marijuana Backed In 3 States (A Washington Post election roundup
on ballot initiatives around the country notes voters in Washington state,
Nevada and Arizona passed measures yesterday allowing doctors to recommend
marijuana for patients with certain illnesses.)
Date: Wed, 4 Nov 1998 04:20:25 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US WP: MMJ: Medical Marijuana Backed In 3 States
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: DrugSense http://www.DrugSense.org/
Pubdate: Wed, 04 Nov 1998
Source: Washington Post (DC)
Page: A34
Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website: http://www.washingtonpost.com/
Copyright: 1998 The Washington Post Company
Author: William Claiborne and Edward Walsh, Washington Post Staff Writers
AFFIRMATIVE ACTION BAN LEADING IN WASHINGTON
MEDICAL MARIJUANA BACKED IN 3 STATES;
MICH. ASSISTED-SUICIDE INITIATIVE DEFEATED
In a fiercely contested battle that could boost the anti-affirmative action
movement in Congress and in states across the country, Washington state
appeared poised last night to join California in banning the use of racial
and gender preferences in government hiring and contracting and in
university admissions.
Voters in Michigan, meanwhile, decisively turned back a ballot initiative
that would have made their state only the second to allow
physician-assisted suicide, while in Washington state and Nevada they
adopted measures allowing doctors to prescribe marijuana for patients with
certain illnesses. Arizona voters, in a similar decision, effectively
reinstated a 1966 citizen-approved law legalizing marijuana for medical use
that the state legislature last year negated.
From abortion to the future of slot machines on Indian reservations in
California and from riverboat gambling to the use of union dues for
political campaigns, voters across the country also decided dozens of other
often controversial questions put to them by initiatives, referenda and
state constitutional amendments.
Sixty-one such ballot measures were voted on in 16 states. Despite the high
number, the count fell short of the record 102 initiatives that appeared on
state ballots in 1994.
Voters in Nebraska turned back a proposed constitutional amendment that
would have drastically slowed the rate of growth in the state budget and
returned to taxpayers any surplus generated by a healthy economy. Under the
proposal, future tax increases would have been limited to the rate of
inflation, population growth, the costs of temporary emergencies and new
spending mandated by federal government regulations. Similarly, South
Dakota voters rejected a measure that would have prohibited the use of
property taxes for school funding.
Some of the hardest-fought initiative battles were waged along the West
Coast. But because of the time zone difference -- in most cases polls did
not close until midnight Eastern Standard Time -- returns from that part of
the country were slow in coming and were not likely to be conclusive until
early today.
The most important vote in terms of national implications was the
Washington state initiative banning the use of race or gender preferences
in government hiring and contracting and in university admissions. Exit
polls and early returns showed voters favoring adoption of the ban by a 2
to 1 ratio.
The Washington initiative was copied from an initiative passed in
California two years ago -- and financed largely by a foundation led by the
chief strategist in that battle, University of California regent Ward
Connerly. It was seen as a bellwether measure that could encourage similar
moves in Congress and in other states. However, if approved, it also
appeared likely to attract the same kind of legal challenges that kept
California's ban tied up in courts for almost two years.
In California, early returns showed 60 percent of vot