------------------------------------------------------------------- Much Ado About Nothing (Eugene Weekly says a four-year investigation into a suspected marijuana-growing operation near Coburg, Oregon, led to a 1995 raid on a rural residence by dozens of black-clad, rifle-toting officers who kicked in doors and splintered door frames while a helicopter hovered overhead. Prohibition agents traumatized Byron Stone and his wife, Wanda, leaving Byron 70 percent disabled, but they found only a half-ounce of marijuana allegedly belonging to someone else. Lane County Circuit Judge Jack Mattison dismissed Stone's lawsuit against police before a jury could hear it, saying the "law doesn't always give a remedy" when government action injures innocent citizens.) Date: Fri, 6 Nov 1998 01:02:24 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US OR: Much Ado About Nothing Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Olafur Brentmar Pubdate: Thu, 6 Nov 1998 Source: Eugene Weekly (OR) Contact: firstname.lastname@example.org Website: http://www.eugeneweekly.com/ Copyright: Eugene Weekly 1998. Author: Alice Tallmadge MUCH ADO ABOUT NOTHING A misguided marijuana raid wastes time and taxpayer dollars and derails the lives of two innocent parties. It was almost classic prime-time TV - years of undercover surveillance of a rural, tree-shrouded, high-end residence for evidence of a drug operation. Anonymous informers. Wire taps. Diverted garbage bags. Blueprints of the house perused to spot possible "operation" rooms. Scrutinized utility bills. Snitch-reported rumors of automatic weapon caches and a planned drive-by shooting, with the investigative detective as the target. Even the climax was dramatic: dozens of black-clad, rifle-toting officers swooping down on the woodsy home and its out-buildings, kicking in doors and splintering door frames while a pounding helicopter hovered overhead. But, in fact, this was no fictional episode. The January 1995 raid on a rural home near Coburg was a joint operation of SWAT (Special Weapons and Tactics) teams from Lane County, Benton County and the city of Eugene and INET (Interagency Narcotics Enforcement Team), which includes members of several area law enforcement agencies. The real-life outcome also differed significantly from a formulaic detective episode. On television, the final scene would have showed a bounty of seized drugs and paraphernalia and sullen, handcuffed drug traffickers huddled in the back seat of a police car. But in this raid, the drug stash seized came to less than a half ounce of marijuana and one bottle of ibuprofen, a non-prescription pain reliever. No arrests were made. No drug paraphernalia were found. Not a shred of evidence of a pot-growing operation was uncovered. And the lives if one innocent couple were irrevocably changed. Byron Stone, and his wife, Wanda, had for several years worked at the raided property as caretakers and lived in a mobile home next to their employer's home. At the time of the raid, Byron Stone, 47, was in the kitchen, making french fries. "I was talking to the lady who was coming to take a shift," he told EW in a recent interview. "Then I looked out the window and saw a big, black van backing up to the front door. There were guys all dressed in black, their guns drawn, carrying a big battering ram. And they were headed for the front door." In the course of the raid, Stone says, he was ordered to lie on the ground, his hands behind his back. When he lifted his head to express concern for how his employer was being handled, he says, one of the officers put a knee into his back and jerked him upwards. "I felt something [in my back] go. Then another officer stepped up, locked and loaded his shotgun. I looked up and was staring into the muzzle of a gun." During the raid, the Stones' residence was also searched. According to Wanda Stone, one door was splintered, another taken off its hinges. "Drawers were emptied everywhere. There was a big hole in our daughter's bedroom door. Her dresser drawers were pulled out, stuff strewn all over room." The Stone's nine-year-old daughter was not at home during the raid. Living through an unexpected police raid is understandably unnerving, but Stone, who had served a 10-month combat tour in Vietnam, says for him the incident triggered classic symptoms of post traumatic stress syndrome (PTSD), a condition he had never suffered from previously. "It was like going into shell shock 30 years later," Stone says. "I'd have flashbacks. I had heart palpitations. Every loud noise, I'd just kind of go to pieces. All I could do is just stand there and shake and quiver." Stone says the raid came up with nothing because there was nothing to be found. "It was guilt by association. Her [the property owner's] sister was growing marijuana on some property in Cottage Grove. They [law enforcement officials] were so sure they were going to find something [at the Coburg residence] even though there was no evidence for a raid of that magnitude." At most, Stone says, his employer smoked personal pot. "If I thought anything else was going on, I wouldn't have been there. Period. I won't be a party to that." Court records show the property owner's sister did have a civil forfeiture proceeding filed against her as a result of a raid in that same time period, but that the sister was not arrested. A settlement was later agreed upon in regards to the forfeiture action. Stone ended up spending time in two different psychiatric hospitals in Roseburg and Portland. His injured back and his fragile mental condition cost him his caretaker's position, and he was unable to maintain a subsequent job. Stone sought and received, after hiring an attorney, a $5,000 worker's comp claim for his back and $1,000 under a different agreement having to do with the PTSD. He is now considered 70 percent disabled. In 1996, the Stones filed a suit against several of the officers involved in the raid and against Dean Finnerty, the Cottage Grove police detective who led the investigation. The cases against all law enforcement personnel were dismissed. The case against Finnerty, in which the Stones sought $1.5 million in damages for alleged violations of their constitutional rights during the raid, was heard just two weeks ago by Lane County Circuit Judge Jack Mattison. In their suit, the Stones claim the affidavit Finnerty submitted to Judge David Brewer in order to obtain a search warrant for the Coburg property contained exaggerations and inaccuracies. The 17-page, single-spaced affidavit details the evidence Finnerty amassed in his four-year investigation of the Coburg property. At the time the document was written, Finnerty says he had four years of experience and "hundreds of hours" of training in controlled substances investigations. "Since approximately 1993 I have worked essentially full-time on this investigation," Finnerty wrote. The evidence cited by Finnerty leading him to believe a large-scale drug operation was being conducted at the Coburg residence included: * a piece of paper with the numbers "110 and "370" written on it. The numbers referred to marijuana transactions, he concluded. "Specifically, the '110' is consistent with the prices of one-quarter ounce of high-quality marijuana, and '370' is consistent with one ounce of high-quality marijuana"; * a shopping list containing the notation, "Large pots for replanting big plants (3), planting soil (Miracle Grow), lawn (Weed and Feed)"; * a two-year analysis of electricity consumption at the Coburg home that showed the house used "almost double" the amount of electricity as other comparable homes in the area. Finnerty concluded the usage was consistent with a grow operation; * an analysis of blueprints of the home, which showed two "unusual" rooms in the residence; * four findings of very small amounts of used marijuana from the residence's trash; * the fact that "significant real estate transactions" had occurred between the owner of the property and the Stones; * the fact that Byron Stone "has a felony dangerous drug conviction in Lane County." Finnerty also noted the content of several conversations with anonymous sources he called "Concerned Citizens #1 and #2," whom he said were in a position to possess inside knowledge about the Coburg residents. The sources claimed there were automatic weapons on the property and also had reported that a drive-by shooting of the detective himself was being planned by a third party. During the trial, Finnerty was unable to produce the papers on which were written the "significant" numbers, "110" and "370." He admitted he did not know whether the homes he was using to compare the Coburg property's electrical usage to were all electric or natural gas. (It was also shown that the approximately 5,000-square-foot Coburg house included a heated, three-car garage, a hot tub, four water heaters and two, large glassed-in rooms.) The "numerous transactions" Finnerty cited as evidence of the Stones' money laundering for their employer ended up being the Stones' purchase of a Cottage Grove home from their employer's family trust back East. The transaction was arranged by Eugene attorney Joe Richards. It was also clarified that Byron Stone's one and only arrest was for possession of marijuana in 1972, for which he received a three-year probation. Despite these discrepancies, on Oct. 23, Judge Mattison dismissed the suit before the jury began deliberations. According to the Stones' attorney, David Force, the judge said he believed Finnerty's testimony about the missing evidence and the conversations with the unnamed informants. Those, along with the used marijuana found in the trash from the residence, represented "probable cause" to seize and search all persons on the property, the judge said. The judge, wrote Force, "said the case left 'a bad taste in the mouth' because it appeared that people who didn't deserve to had suffered greatly, but that the 'law doesn't always give a remedy' when government action injures innocent citizens." Dean Finnerty has been named a corporal in the Cottage Grove Police Department. (The department's attorney did not return phone calls requesting more details about Finnerty's change of status.) The Stones plan to appeal their case against Finnerty and also the cases against law enforcement personnel that were earlier dismissed.
------------------------------------------------------------------- Second Message of I-692 - Change Marijuana Listing (A staff editorial in The Seattle Post-Intelligencer notes voters Tuesday approved medical marijuana initiatives by margins ranging from 55 percent to 60 percent in Washington, Alaska, Oregon and Nevada. The greater public interest would be served by listing marijuana as a Schedule II substance, along with morphine, opium and cocaine, as a Drug Enforcement Agency hearing judge recommended 10 years ago.) From: "Rick Bayer" (email@example.com) Subject: FW: Seattle P.I. Editorial Date: Fri, 6 Nov 1998 16:12:17 -0800 -----Original Message----- From: Timothy W. Killian [mailto:firstname.lastname@example.org] Sent: Friday, November 06, 1998 8:13 AM Subject: Seattle P.I. Editorial The P.I. ran this today... SECOND MESSAGE OF I-692: CHANGE MARIJUANA LISTING With the strong passage of Initiative 692, Washington voters joined those in four other Western states Tuesday in sending President Clinton and his overzealous drug czar, Barry McCaffrey, a message on marijuana: Lighten up. By large margins (from 55 to 60 percent), voters in Washington, Alaska, Oregon and Nevada approved measures that either created or reaffirmed measures provisions for the legality of medical marijuana use. The combined message is that the federal government is too extreme in its position on the medical use of the drug marijuana. First and foremost, the message continues, it is wrong to make criminals out of those who seek surcease from pain and suffering in marijuana smoke. Second, the continued lumping of marijuana with other, clearly more dangerous and addictive drugs is outdated. The most important step toward ending "reefer madness" is the federal government re-listing marijuana. It is currently listed as a Schedule I drug, along with heroin and LSD, deemed to have no therapeutic value, to be unsafe for medical use and to have high potential for abuse. The greater public interest would be served by listing marijuana as a Schedule II substance, along with morphine, opium and cocaine, as a Drug Enforcement Agency hearing judge recommended 10 years ago. *** Timothy W. Killian eVenture Communications em: email@example.com url: http://www.eventure.com Postal Box 9765 Seattle, WA 98109 ph: 206.559.2200 fx: 206.324.3101
------------------------------------------------------------------- Doctors, Patients Curious About Medical Marijuana Law (The Seattle Times says the phone is ringing off the hook at the Green Cross, the Puget Sound medical marijuana dispensary, as patients try to learn more about Washington state's new law. Joanna McKee, the director of the Green Cross, refers callers to their primary care physicians, but even Dr. Rob Killian, who sponsored Initiative 692, concedes that most physicians won't know when to recommend its use.) Date: Sat, 7 Nov 1998 08:02:53 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US WA: Doctors, Patients Curious About Medical Marijuana Law Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: LAussick@samhsa.gov (Lonn Aussicker) Pubdate: Fri, 06 Nov 1998 Source: Seattle Times (WA) Contact: firstname.lastname@example.org Website: http://www.seattletimes.com/ Copyright: 1998 The Seattle Times Company Author: David Schaefer DOCTORS, PATIENTS CURIOUS ABOUT MEDICAL MARIJUANA LAW Callers on the line to the Green Cross' Joanna McKee have to feel a little like Monica Lewinsky on the phone with Linda Tripp. There's all that clicking. But while the noise on Tripp's line was a recording device, McKee says the clicking on hers is call waiting. It was on the increase even before an initiative was approved Tuesday legalizing the use of marijuana for certain medical conditions, as over the past month Initiative 692 appeared more likely to pass. "We're getting about 10 calls a day," said McKee, director of an agency that has been quietly delivering marijuana to patients for about six years. "Normally it's about three a day." And with marijuana to be legal for ailments such as AIDS, multiple sclerosis, glaucoma and nausea associated with chemotherapy, a call to Green Cross may be the first step for many patients. "Tell them to call me," said McKee. "You can put my phone number in the paper." (It's 206-762-0630.) While passage of Initiative 692 authorized use of marijuana by certain patients and will allow possession of a 60-day supply, it did not tell how the change will be accomplished. Possession of the drug still is a federal offense, and growing and selling are still illegal in the state. King County Prosecutor Norm Maleng, who was one of the principal opponents of the initiative, said his office will abide by the wishes of the people but still will look for abuses of the law. And even Rob Killian, the doctor who sponsored the initiative, concedes that most physicians won't know when to recommend its use. The shakedown period may last well beyond Dec. 3, which is the day the election is expected to be certified and marijuana officially blessed for medical use. Green Cross has survived in something of a legal tolerance policy in which the group carefully monitors its growers, and county prosecutors have left them alone. It now provides marijuana for about 400 customers. Growers are on contract to provide marijuana for Green Cross exclusively. McKee said some of her growers have been charged with offenses such as stealing electricity, but not for drug charges. She said she always buys their entire supply. Green Cross will provide potential patients with paperwork they can take to their doctor. It explains the potential health risks and benefits, along with a form letter in which a doctor can recommend the use without committing a crime. McKee said she expects requests for help to increase, especially from "people who have been sick for a while but who were afraid of getting in trouble." Alternatively, her group also will supply plants for those who want to grow their own marijuana, as permitted by the initiative. McKee recommends that. She said it is good for patients to grow plants, even if they don't produce enough marijuana for their needs. "They get good benefit just from growing their own plants and taking part in their own care," she said. McKee recommends patients just go to the doctor who is most familiar with them. But even Killian, who became familiar with marijuana use for AIDS and cancer patients through work in a hospice, said most doctors don't know much about how the drug works or when to recommend it. He said one of his next tasks will be to try to work with doctors on that issue. Stu Farber, a Tacoma physician who specializes in the care of patients who are dying or are in pain, said he always has had a neutral position on marijuana, seeing it as something that might be sought by patients rather than recommended by doctors. "If I thought marijuana would be of some benefit," he said, "I would sit down and write it out on my prescription pad." But so far, he said, "Marijuana is kind of a minor blip for me." Farber said that use of the drug is more of a political question than a medical one, but that society has made doctors the arbiters of its use. "I would hope doctors would sit down with the rest of the constituency. It is a negotiating process and will take some time. Maybe this will make it so you can get the stuff and do good research." As early as election night, Killian and Maleng began talking about getting together in the way Farber suggests. Killian said he expects to meet with law-enforcement officials and doctors. "We need to study this and see how to implement it," said Dan Donohoe, Maleng's spokesman. "We don't have any suggestions right now."
------------------------------------------------------------------- Washington State Medical Marijuana FAQ (A list subscriber posts some answers to frequently asked questions about patients' rights and responsibilities under Initiative 692.) Date: Fri, 6 Nov 1998 17:23:08 -0800 (PST) From: Ben (email@example.com) To: firstname.lastname@example.org Subject: HT: WASHINGTON STATE MEDICAL MARIJUANA FAQ Sender: email@example.com In response to a rise in questions (some good, some not so good) sent to firstname.lastname@example.org about medical marijuana after the passage of Initiative 692, I've started compiling a FAQ for just such questions. Please send me any comments, corrections, revisions, suggestions, or anything else. *** WASHINGTON STATE MEDICAL MARIJUANA FAQ This compilation of frequently asked questions (FAQ) contains answers to common questions about Initiative 692 (the Washington State medical use of marijuana act) as well as general questions about medical marijuana in Washington State. This FAQ is compiled by Ben Livingston. Send all contributions, corrections and clarifications to email@example.com. In no event shall the authors or distributors be liable to anyone for anything. Copyleft 1998 Ben Livingston. 1. What is I-692? 2. What does I-692 do? 3. When does I-692 take effect? 4. What conditions can medical marijuana be used for? 5. Where can I use medical marijuana? 6. How much medical marijuana can I possess at one time? 7. What if my physician won't recommend medical marijuana? 8. Who qualifies as a "primary caregiver"? 9. How do I get medical marijuana? *** 1. What is I-692? I-692 is the 1998 medical marijuana initiative passed by 59% of Washington voters. 2. What does I-692 do? I-692 allows for the medical use of marijuana by patients with certain terminal or debilitating conditions. It authorizes physicians to advise patients about the risks and benefits of the medical use of marijuana. Qualifying patients and their primary caregivers are protected from prosecution if they possess marijuana solely for medical use by the patient. 3. When does I-692 take effect? In Washington, initiatives take effect 30 days after they are voted on. This means I-692 goes into effect on December 3, 1998. 4. What conditions can marijuana be used for? I-692 defines "terminal or debilitating medical condition" as "(a) Cancer, human immunodeficiency virus (HIV), multiple sclerosis, epilepsy or other seizure disorder, or spasticity disorders; or (b) Intractable pain, limited for the purpose of this chapter to mean pain unrelieved by standard medical treatments and medications; or (c) Glaucoma, either acute or chronic, limited for the purpose of this chapter to mean increased intraocular pressure unrelieved by standard treatments and medications; or (d) Any other medical condition duly approved by the Washington state medical quality assurance board as directed in this chapter." 5. Where can I use medical marijuana? Medical marijuana CANNOT be used in public. It is a misdemeanor "to use or display medical marijuana in a manner or place which is open to the view of the general public." Additionally, I-692 states "Nothing in this chapter requires any accommodation of any medical use of marijuana in any place of employment, in any school bus or on any school grounds, or in any youth center." 6. How much medical marijuana can I possess at one time? You can possess no more than a sixty-day supply of medical marijuana. 7. What if my physician won't recommend medical marijuana? I-692 states that "Nothing in this chapter requires any physician to authorize the use of medical marijuana for a patient." Your physician knows you best and should know whether or not marijuana will help you. Do not search out a "pot-friendly" doctor because you "feel like you have a slight case of glaucoma." Doctors are not stupid. Doctors are not irresponsible. 8. Who qualifies as a "primary caregiver"? A primary caregiver is a person who has been designated in writing by a patient to be responsible for the housing, health or care of a patient. Additionally, a primary caregiver must be over 18 years old. 9. How do I get medical marijuana? Patients and primary caregivers are allowed to grow medical marijuana. For those who can't grow their own, the Green Cross Patient Co-op has been providing marijuana to patients in the northwest since 1993. They can be reached at (206) 762-0630, via the web at http://www.hemp.net/greencross/ or via email at firstname.lastname@example.org. *** hemp-talk - email@example.com is a discussion/information list about hemp politics in Washington State. To unsubscribe, send e-mail to firstname.lastname@example.org with the text "unsubscribe hemp-talk". For more details see http://www.hemp.net/lists.html
------------------------------------------------------------------- New drug education program appeals to older kids (The Seattle Times says that at a time when the Drug Abuse Resistance Education program, or DARE, is coming under fire for questionable effectiveness, the Scope LifeRide program in Kirkland, Washington, is gaining nationwide attention. Created by the Kirkland Police Department and a Chicago motivational speaker, the program is aimed at high school students rather than the middle-school students targeted by DARE. Whether it's any more effective doesn't seem to matter.) From: "Bob Owen@W.H.E.N." (email@example.com) To: "_Drug Policy --" (firstname.lastname@example.org) Subject: New drug education program appeals to older kids Date: Fri, 6 Nov 1998 20:18:09 -0800 Sender: email@example.com Copyright (c) 1998 The Seattle Times Company Posted at 02:43 a.m. PST; Friday, November 6, 1998 New drug education program appeals to older kids by Tan Vinh Seattle Times Eastside bureau Music blares out of Darlynn Bailey's fourth-period health class. Her students are screaming, dancing and jumping on tables. Bailey? She watches as a police officer urges these 11th-graders to get wilder and louder. There is a lesson in this. Really. "One of the things is finding out who you are and not worry about what people think of you," said Officer S.T. Riley. Riley's Scope LifeRide is a new program created by the Kirkland Police Department and a Chicago motivational speaker to address teen angst and drug abuse through video clips and music. It's MTV meets D.A.R.E. At a time when the Drug Abuse Resistance Education (D.A.R.E.) program is coming under fire for questionable effectiveness, Kirkland's Scope LifeRide is gaining nationwide attention. The Des Moines and Aberdeen police departments now use it as well. Other cities, including Chicago, are looking at the 12-course program. On the Eastside, the program is taught in Lake Washington and Juanita high schools at least once a week. On a recent afternoon, students at Lake Washington High School strolled into Bailey's class to music blasting from the speakers. "Life can be like a roller coaster," Riley told the 29 students. "You have your ups and your downs. I'm going to challenge you to take that roller-coaster ride." An emotional ride is what they then got in the 55-minute presentation. Some laughed. Some cried. A lot sweated. Riley played a high-spirited game of "Name That Tune" as part of a team-building exercise. He showed clips of domestic violence that made some cover their eyes. Some cringed hearing 911 calls from people who later were killed. The police officer brought tears when he turned off the lights and turned on soft music to get the young people to visualize poignant moments in their lives. "It was cool," 16-year-old Melissa Palmer said afterward. "He's not talking to us but interacting with us. We usually get lectures on drugs and alcohol, and no one wants to listen to that." Not preaching is the program's tenet. It was a lesson Riley learned when he started Scope - short for Schools & Cops Opting for Positive Education - three years ago. He created a curriculum similar to D.A.R.E.'s and found students lost interest. "It was going in one ear and out the other," he recalled. Enter motivational speaker Eddie Slowikowski. "I saw this guy speak at a national conference in St. Louis, and I saw him make 300 police officers dancing on tables, and I was like, `Oh my gosh, if he can do this, think what he can do with the kids,' " Riley said. Slowikowski, who runs a human-resource consulting firm in Chicago, introduced his high-energy LifeRide program, which Riley combined with his Scope curriculum. "As a speaker, you better get them into the palm of your hands," Slowikowski said. "That way you can move them to where you want to take them." He showed Riley how to use lighting, music and rhetoric to set the tone and get the message across. Surveys indicated students wanted more of the program, Riley said. Attendance also went up on the days Scope LifeRide is taught. The program was never meant to compete with D.A.R.E., which targets middle-school students. Scope LifeRide instead focuses on getting high-school students to talk about dealing with issues such as date rape, drunken driving and goal setting. But similar to criticism of D.A.R.E., the concern is whether students retain the knowledge or the message after the program ends. Riley and other Scope LifeRide supporters contend retention is greater because his audience is older. Teachers also say Scope's presentation is more flexible and spontaneous than D.A.R.E.'s. Open communication with students is a priority for Riley, who wanted a better relationships with the teens. Riley and other officers in schools use Scope LifeRide as an icebreaker. And Riley talks about his run-in with the law as a teen. The idea is to show that a police officer is just a human being who happens to wear a badge, he said. He jumps on the table to lead the students in a rendition of the song "YMCA." "How many programs do you know," he says, "that can get students up in front of the class and dance?"
------------------------------------------------------------------- Police Capt. Mickelsen Admits Drug Use, Resigns (The Moscow-Pullman Daily News says Moscow, Idaho, Police Captain Dale Mickelsen resigned today after admitting to using marijuana. No criminal action will be taken.) Date: Sat, 7 Nov 1998 06:18:37 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US ID: Police Capt. Mickelsen Admits Drug Use, Resigns Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Patrick Henry (firstname.lastname@example.org) Source: Moscow-Pullman Daily News (ID-WA) Contact: Editor@Moscow.com Website: http://www.dnews.com/ Copyright: 1998, Moscow-Pullman Daily News Author: Nina Staszkow Pubdate: 6 Nov 1998 MICKELSEN ADMITS DRUG USE, RESIGNS Moscow Police Capt. Dale Mickelsen resigned today after admitting to using marijuana. Mickelsen, 51, had been the subject of an internal personnel investigation conducted by the Idaho Criminal Investigation Bureau which was completed before his resignation. He had been on administrative leave since Oct. 28. "It is his hope that the community, whom Dale served, will better understand and forgive his conduct since it arose while he faced a personal crisis," Mickelsen's attorney, Mark Moorer, wrote in a press release. Moore said Mickelsen's drug involvement included only marijuana which he used off-duty. Moorer would not comment on how often Mickelsen was using or for how long. He did say Mickelsen's drug use was done around the time of his divorce, which was finalized last month. "In this case, it doesn't matter if he used it one time or 10 times," Moorer said. Moorer said Mickelsen will no longer pursue a career in law enforcement. Instead he will concentrate his efforts on "getting well" and seeking less stressful employment. "(Dale Mickelsen) was an individual who was given a great deal of trust," Moorer said. "He felt that he breached that trust and the only honorable thing to do was to resign." This morning, Mickelsen's uniform and weapon were turned into Moscow Police Chief Dan Weaver. Weaver said he knew nothing about Mickelsen's drug use until today. "(Mickelsen) is aware of the high ethical standard we have in this department," Weaver said. "Given that, he chose to resign." Mickelsen began work with the city of Moscow in 1981 as a patrol officer. In September 1989, he was promoted to sergeant and, in 1994, he moved to lieutenant before that position was reclassified to captain. Until July, Mickelsen had been division commander for the University of Idaho at the campus substation. Recently, he was rotated to operations division commander working from the downtown station. At times, Mickelsen served as acting chief in Weaver's absence. Before his employment in Moscow, Mickelsen worked for the Genesee Police Department for two years and the Juliaetta Police Department from February 1978 to June 1979. "It is sad to see somebody who has given a major portion of their lives to a career and then make mistakes that stop that career prematurely," Weaver said. Mickelsen's position will remain vacant while the city advertises for a replacement. Meanwhile, Weaver and Capts. Don Lanpher and Cameron Hershaw will divide Mickelsen's duties. No criminal action will be taken by the city. City Attorney Randy Fife said any information gathered during the internal investigation legally could not be used against Mickelsen. "It's certainly a sad day for the department," Weaver said. "There are no other department members that are involved in this and we continue to have high moral and ethical standards for our employees."
------------------------------------------------------------------- Despite Voter Support, Pot Clubs Take Heat - Federal government insists it will keep closing them down (The San Francisco Chronicle surveys the few medical marijuana clubs remaining in California, noting the popular support for medical marijuana evidenced by Tuesday's election in other states has not slowed the federal government's war against the dispensaries.) Date: Sat, 7 Nov 1998 01:39:19 -0800 (PST) To: email@example.com From: R Givens (firstname.lastname@example.org) Subject: ART CA: Despite Voter Support, Pot Clubs Take Heat So much for Federal respect for citizen's rights. The narcs seem to be saying that it doesn't matter if all 50 states legalize MMJ they will keep on busting people. These are PUBLIC servants? R Givens Newshawk: R Givens (email@example.com) Pubdate: 6 Nov 1998 Source: San Francisco Chronicle (CA) Contact: firstname.lastname@example.org Website: http://www.sfgate.com/ Copyright: 1998 San Francisco Chronicle Despite Voter Support, Pot Clubs Take Heat Federal government insists it will keep closing them down Sabin Russell, Chronicle Staff Writer Friday, November 6, 1998 A five-state election sweep by supporters of medical marijuana is providing a big morale boost to California's besieged pot clubs, but the Clinton administration shows no signs of backing off its methodical campaign to shut them down. Plebiscites authorizing cancer and AIDS patients to use medical marijuana breezed through in Alaska, Arizona, Nevada, Oregon and Washington state on Tuesday, demonstrating that the issue has broad popular appeal beyond California. ``This is wonderful,'' said Lynnette Shaw, executive director of the Marin Alliance for Medical Marijuana. ``The people have heard the message from the patients. The decision to use medical marijuana should be left in the hands of a doctor, not politicians or a cop.'' But her own pot club's fate is in the hands of federal courts, which are responding to a civil suit filed in January by the Clinton administration. ``I have to go back in court on November 10,'' said Shaw. In 1996, California voters approved by a margin of nearly 1 million votes Proposition 215, which tried to legalize the possession and use of marijuana for medical purposes. But since then, clubs that provide pot to patients have been under assault by Attorney General Dan Lungren, some local law enforcement authorities and the federal government. Justice Department officials said the passage of the five initiatives does not change policy. Spearheaded by General Barry McCaffrey, director of the White House Office of Drug Control Policy, the Clinton administration maintains that medical marijuana use is illegal unless scientific evidence proves its merit. ``We want people to understand that, while state laws may have changed, the federal Controlled Substance Act has not,'' said Gregory King, a spokesman for the Justice Department. King said the law prohibits the cultivation, distribution or possession of marijuana. ``Until Congress amends it, the Justice Department has the responsibility of enforcing it.'' In a related development, the Drug Enforcement Administration yesterday proposed a loosening of restrictions for the prescribing of Marinol, an approved drug that contains an active ingredient in pot, the chemical THC. Marinol is currently listed as a Schedule II drug, which means it has a high potential for abuse but may be medically effective. The proposal would downgrade it to a Schedule III drug, placing it in a category with the painkiller codeine -- medically effective with a small possibility of abuse. Marinol manufacturer Unimed Pharmaceuticals Marketing Director Brian Jennings said the drug is dispensed at a cost of about $6 a day. Lowering restrictions to Schedule III eliminates a requirement that doctors fill out extensive paperwork for prescriptions that must be renewed monthly. Jennings said Marinol is used by some 80,000 patients. The federal actions against medical marijuana have led to the shutdown of pot clubs in San Francisco, Oakland and Santa Cruz. The Santa Clara County District Attorney forced closure of a San Jose pot club and filed criminal charges against its director, Peter Baez. Although Dennis Peron's notorious Cannabis Buyer's Club in San Francisco closed its doors in the face of a legal assault from both Lungren and the Justice Department, another city pot club, CHAMP, has quietly remained open. In West Hollywood, the Los Angeles Cannabis Resource Center also remains open, its director uncertain of the government's next move. ``I don't know why we haven't been a target,'' said club director Scott Imler. He suspects the club's rigid rules, which have turned away undercover narcotics detectives trying to buy pot, give the Justice Department no grounds for filing charges. Imler said the November 3 vote was a big boost. ``They have been trying to rub out the medical marijuana movement. It is a strategy that is not going to work,'' said Imler. ``I would hope this is a wake- up call to Washington.'' (c)1998 San Francisco Chronicle Page A2
------------------------------------------------------------------- The Chavez Case (A staff editorial in The Orange County Register provides an update on the trial of Marvin Chavez, the medical marijuana patient and founder of the Orange County Patient-Doctor-Nurse Support Group. On Wednesday afternoon, Judge Borris dealt with whether he would allow the defense attorneys to claim a Prop. 215 defense. A decision will be made after he hears from a witness, the person on whose behalf Mr. Chavez claims he was acting as caregiver.) Date: Fri, 6 Nov 1998 13:28:48 -0800 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US CA: Editorial: The Chavez Case Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John W. Black Source: Orange County Register (CA) Contact: email@example.com Website: http://www.ocregister.com/ Copyright: 1998 The Orange County Register Pubdate: Fri, 6 Nov 1998 THE CHAVEZ CASE After many delays this fall,the medical marijuana court case of Marvin Chavez is moving briskly. It shouldn't be long before a jury has the opportunity to consider whether Mr. Chavez was simply a clever marijuana seller, as the prosecution contends, or a patient and caregiver who was trying in good faith to implement Proposition 215 (now Section 11362.5 of the California Health and Safety Code), whereby voters in 1996 made it legal for people with a recommendation from licensed physicians to have access to marijuana. On Tuesday, Orange County Superior Court Judge Frank F. Fasel, who had the case in his court for several months, transferred it downstairs to Division 5. There Judge Kazuharu Makino heard defense arguments to disqualify Deputy District Attorney Carl Armbrust from handling the case because of allegedly inflammatory and biased statements he had made to the press about the case. Judge Makino denied the motion, then transferred the case to West Court in Westminster, where Judge Thomas J. Borris picked up the hot potato. The case is being watched as a potential precedent-setter in implementation of the controversial initiative. Judge Borris on Tuesday familiarized himself with the case and took note of the fact that the prosecution had attempted to prevent the use of Section 11362.5 as a defense against the marijuana-selling charges and that Mr. Chavez's attorneys had tried to allow the new law to be used as a defense. This is a key question to be settled - if jurors are allowed to hear about Prop. 215, its intent and its adoption as part of the state health code, Mr. Chavez has a better chance of prevailing than if jurors only hear about the sales transaction itself. Selling marijuana is illegal under federal law. On Wednesday afternoon, Judge Borris dealt with whether he would allow the defense attorneys to claim a Prop. 215 defense. He explained how he interpreted the statute and the two appellate decisions that have dealt with certain aspects of how the new law is to be handled in practice. Then he heard arguments on the point from the lawyers. A decision will be made after he hears from a witness, the person on whose behalf Mr. Chavez claims he was acting as caregiver. Other developments could also influence the case. Even if Judge Borris allows a Prop. 215 defense, he is likely to limit its use among the four types of charges in the Chavez case. This case is important because however it is decided it should offer firmer guidelines as to how patients who under the law have the right to use marijuana can get it legally. It is a case we intend to follow closely, given the implications. After two years this law has still not been properly implemented. It is long past time to put it into practice.
------------------------------------------------------------------- Drug Agent Faces New Charges (An Associated Press article in The Orange County Register says Richard Wayne Parker of San Juan Capistrano, a California Bureau of Narcotics Enforcement agent set to go on trial this month for allegedly supplying cocaine to two street dealers, was indicted Thursday on additional charges of stealing 650 pounds of cocaine from an evidence locker.) Date: Fri, 6 Nov 1998 13:28:48 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US CA: Drug Agent Faces New Charges Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John W. Black Source: Orange County Register (CA) Contact: firstname.lastname@example.org Website: http://www.ocregister.com/ Copyright: 1998 The Orange County Register Pubdate: Fri, 6 Nov 1998 Author: Associated Press DRUG AGENT FACES NEW CHARGES Courts: The San Juan Capistrano man is accused of stealing 650 pounds of cocaine from an evidence locker. Los Angeles - A state drug agent facing federal drug-dealing charges was indicted Thursday on additional charges of stealing 650 pounds of cocaine from an evidence locker, prosecutors said. The new charges were brought against Richard Wayne Parker, 43, of San Juan Capistrano, a state Bureau of Narcotics Enforcement agent set to go on trial this month for allegedly supplying cocaine to two street dealers. Authorities say the 10-year drug agent dealt drugs from April 1996 until his arrest in July. "Parker faked a break-in of the BNE Riverside office evidence vault, leaving behind alligator clips on the alarm pad and pry marks on the vault doors so that the burglary would look like it had been committed by thieves who did not have the alarm codes and access keys," the indictment states. Federal agents who searched Parker's home and vehicles say they found nearly $600,000 in cash. Investigators also say they discovered that Parker had a mistress, a home and a dozen cars of which his wife had no knowledge. Parker's wife, Diane, a former Orange County sheriff's deputy, faces assault charges for allegedly punching her husband's mistress, who was present during one of Parker's bail hearings. Parker, whose jurisdiction included Orange County and the city of Riverside, has pleaded not guilty. His trial is scheduled for Nov. 17.
------------------------------------------------------------------- Jailed Drug Agent Faces New Allegation (The Los Angeles Times version) From: "Bob Owen@W.H.E.N." (email@example.com) To: "_Drug Policy --" (firstname.lastname@example.org) Subject: Jailed Narc Faces New Allegation Date: Fri, 6 Nov 1998 20:53:20 -0800 Sender: email@example.com Friday, November 6, 1998 Jailed Drug Agent Faces New Allegation * Courts: Second indictment says he stole 650 pounds of cocaine from evidence locker. He was arrested in July after FBI operation. By DAVID ROSENZWEIG Times Staff Writer A state narcotics agent being held on drug trafficking charges was accused Thursday of stealing 650 pounds of cocaine from the evidence locker at the Bureau of Narcotics Enforcement office in Riverside. Richard Wayne Parker, a 10-year veteran at the narcotics agency, used two female acquaintances to peddle the stolen drugs to dealers, according to a new indictment from a federal grand jury in Los Angeles. The theft, which occurred over the July 4, 1997, holiday weekend, has been a painful embarrassment for the bureau, an arm of the state attorney general's office. Parker's boss at the Riverside branch recently received a five-day suspension, later reduced to a formal reprimand, for sloppy security practices. Among other deficiencies, auditors found that no one could account for all the people who had keys to the evidence locker. Parker, one of 38 agents assigned to the office, had alarm codes as well as keys to the evidence vault, the indictment says. To avoid falling under suspicion after the theft, he left alligator clips attached to the alarm pad and pry marks on the vault doors "so the burglary would look like it had been committed by thieves who did not have the alarm codes and access keys," the indictment said. The alleged gambit at first appeared to have worked. Parker, 43, was not arrested until a year later, the unintended prize in a routine FBI drug investigation. A South Bay drug dealer caught by the FBI agreed to lead agents to his supplier, who, he said, was getting her drugs from a corrupt law enforcement officer. After staging a "buy" from the supplier, the FBI followed Monica Liliana Pitto, 39, from her apartment in Manhattan Beach to Pasadena, where she allegedly gave Parker an envelope containing $47,000 in drug money during a meeting on a parking garage roof. FBI agents arrested the pair as they attempted to drive away. About $600,000 in cash was later seized from Parker's home in San Juan Capistrano and from a 1968 Chevrolet Camaro he owned and a Ford pickup he was driving when arrested. Agents also reported finding automatic weapons, the business card of a Cayman Islands bank and two books on how to establish a new identity without detection. Parker has been held without bail since his arrest. He has tried and failed four times to win release on bond. Judges have sided with prosecution arguments that Parker is a flight risk and potentially dangerous. In his first attempt, Parker's wife, Diane, a former Orange County sheriff's deputy, offered to put up her home and her mother's condo as collateral. But she balked when a prosecutor confronted her on the witness stand with evidence that Parker kept a paramour at a $1,000-a-month apartment in Newport Beach. After the hearing, Diane Parker drove straight to the Bureau of Narcotics Enforcement office in Orange, where the woman worked. A fight ensued, and Diane Parker was later charged in Municipal Court with assault. Since then, she has renewed her offer to post bond for her husband. Pitto, a onetime girlfriend of Parker, pleaded guilty in federal court Sept. 18 to a drug conspiracy count. She is expected to testify against Parker and the other defendants named in Thursday's indictment: Christine L. Whitney, 26, of Redondo Beach and Pamela Sue Gray, 43, of Hermosa Beach. The new indictment charges all three with possession and conspiracy to sell cocaine. According to the document, Pitto and Whitney obtained cocaine from Parker on consignment and brought him the proceeds once the drugs were sold, keeping a cut for themselves. The women allegedly paid Gray to store cocaine in her Hermosa Beach apartment. Parker, Pitto, Whitney and Gray were indicted in July on charges of selling "multikilogram quantities" of cocaine. At that time, the source of the drugs was not specified. At a hearing Thursday afternoon, U.S. District Judge Christina A. Snyder set trial for Jan. 26. She again refused Parker's request for bail. Outside the courtroom, defense lawyer Sanford Toyen of San Diego declined to discuss the cocaine theft allegations. "This case is going to trial," he said, "and we expect he will be acquitted of all charges in the indictment." Copyright 1998 Los Angeles Times. All Rights Reserved
------------------------------------------------------------------- Tip Of The Iceberg (A sarcastic letter to the editor of The Las Vegas Review-Journal says the recent vote on legalizing marijuana use for medical purposes sets an alarming precedent. And is only the tip of the iceberg. What will happen if it becomes generally known that commercial use of the hemp plant can adversely affect chemical companies, cotton farmers and other industries such as the lumber and paper producers of this country?) US NV: MMJ: PUB LTE: Tip Of The Iceberg Newshawk: firstname.lastname@example.org (Frank S. World) Source: Las Vegas Review-Journal (NV) Contact: email@example.com Fax: 702-383-4676 Website: http://www.lvrj.com/lvrj_home/ Copyright: Las Vegas Review-Journal, 1998 Author: E. ALLEN Las Vegas Pubdate: Fri, 6 Nov 1998 TIP OF THE ICEBERG To the editor: The recent vote on legalizing marijuana use for medical purposes sets an alarming precedent. And is only the tip of the iceberg. What will happen if it becomes generally known that commercial use of the hemp plant can adversely affect chemical companies, cotton farmers and other industries such as the lumber and paper producers of this country? Much time and money has been spent demonizing this plant, and we should think carefully before opening the door to changing the status quo. According to the U.S. Department of Agriculture, one acre of hemp can produce four times more paper than one acre of trees. And that is every year, not every 20. Do we really want to risk putting these loggers out of business? Hemp produces twice as much fiber per acre as cotton. Cotton requires enormous pesticide use -- 50 percent of all pesticides used in the United States are used on cotton. Substituting hemp for cotton would drastically reduce pesticide usage. This would hurt our chemical companies. Hemp can also be substituted for cotton to make textiles. Hemp fiber is much stronger than cotton and can be used to make all types of clothing. While cotton grows only in warm climates and requires enormous amounts of water, hemp requires little water and grows in all 50 states. But what about the poor cotton farmers? You folks in the media should be careful or facts like these could reach the general public. The lumber companies and cotton producers spent a lot of good money in the 1930s on lobbying to have marijuana outlawed. Please watch what you print on this issue. E. ALLEN Las Vegas
------------------------------------------------------------------- Pot Initiative Leaves Legal Waters Muddy (The Arizona Daily Star says it's unclear how some law-enforcement officials in Arizona plan to deal with the drug policy reforms enacted for a second time Tuesday by voters. Other local officials, such as Deputy Pima County Attorney Bill Dickinson, in charge of the narcotics unit, said his office plans to let off medical marijuana patients with recommendations from their physicians, but will refer the prescribing doctors to the US Attorney's Office to determine whether they should face sanctions under federal law.) Date: Fri, 6 Nov 1998 19:35:29 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US AZ: MMJ: Pot Initiative Leaves Legal Waters Muddy Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: firstname.lastname@example.org (Frank S. World) Pubdate: Fri, 6 Nov 1998 Source: Arizona Daily Star (AZ) Contact: email@example.com Website: http://www.azstarnet.com/ Author: Rhonda Bodfield The Arizona Daily Star POT INITIATIVE LEAVES LEGAL WATERS MUDDY Marijuana milkshakes are literally what the doctor ordered for Phoenix grandfather Josh Burner. Burner, who suffers from cancer of the tongue and palate, said he turned to marijuana after radiation made him so nauseous that his weight plummeted from 193 to 141 pounds. When voters Tuesday reaffirmed the 1996 law that gave doctors the ability to prescribe marijuana and other drugs, Burner said it made his heart ``soar like a hawk because it meant I would continue to use marijuana for my treatment.'' It is still unclear, however, how officials plan to handle such cases. Top drug officials, not wanting to look as if they're usurping popular will, say they will leave enforcement to local law agencies. Yet local officials say they plan to kick such cases back up to federal jurisdictions, where such drugs remain illegal. Incoming state Attorney General Janet Napolitano said she will not let her personal feelings about the law get in the way. ``Obviously, the people of Arizona have spoken twice and while I was opposed to the medical marijuana provisions, I'm going to follow the will of the people and get together with law enforcement folks to discuss how we can move toward a reasonable drug policy.'' Sam Vagenas, who helped organize the state initiative drives, said such statements ensure ``the coast is clear. It's fair to say we're going to see an increase in activity now that voters voted twice on this issue.'' But Deputy Pima County Attorney Bill Dickinson, in charge of the narcotics unit, said the hype may be misplaced. In the past two years, the office has come across only one case involving claims of medicinal weed, but the man had no prescription. Dickinson said the office plans to let ill users with prescriptions skate, but will refer the prescribing doctors to the U.S Attorney's Office to determine whether they should face sanctions under federal law. The U.S. Attorney's Office referred calls to the Department of Justice. Justice spokesman Gregory King noted the agency has taken action in the recent past to shut down cannabis clubs in California. But he said cases will be reviewed on an individual basis. ``At the same time, we want people to clearly understand that possession, cultivation and distribution of marijuana continues to be a violation of federal law,'' King said. Jim Molesa, a spokesman for the Phoenix Drug Enforcement Agency office, echoed such sentiments. ``It's well and good what the state of Arizona did but that doesn't change federal laws, which say the handling and distribution of Schedule I or II drugs is a felony and will be pursued as such.'' Chuck Blanchard, an attorney with the U.S. Office of National Drug Control Policy in Washington, D.C., said although drug leaders ``were disappointed and concerned,'' they plan to fight such provisions through research, not threats. ``If the research suggests it is good medicine, then we can purify it. If the research suggests it is not good medicine, then I'm sure no good doctor in Arizona will prescribe it,'' Blanchard said. The government has rescheduled other illegal substances for medicinal use. Cocaine, for example, can be used in rare cases as an anesthetic, Blanchard said. But so far, the government has resisted attempts to reschedule marijuana - the last time in 1986 - because it has not found evidence to support the claim that it has medicinal value. Dr. Raymond Taetle, an oncologist with the Arizona Cancer Center, said he doesn't know anybody at the Cancer Center who recommends marijuana - mostly because federally approved prescription medications are more effective. Some disagree. In one noted example, the National Institute of Health is granting Dr. Donald Abrams of the University of California in San Francisco 14 million joints from the federal pot farm to study the safety of using marijuana on 64 AIDS patients. Abrams said the government has killed his earlier attempts to study the benefits of using marijuana, but agreed to let him see how it affects the immune system, hormone levels and appetite. Abrams said he got started on the project because it was clear many of his cancer and AIDS patients are using it. And since the government does allow doctors to prescribe a synthetic preparation of THC, the main component of marijuana, ``obviously there must be some benefits to the plant.'' Dr. Andrew Weil, director of the University of Arizona Program in Integrative Medicine, said he recommends marijuana for a variety of symptoms and feels ``it is silly to deny its use in medicine.'' Not only does it combat nausea, he said, but it can boost appetite, control muscle spasms in patients with spinal cord injuries and reduces internal eye pressure in glaucoma patients. Arizona Daily Star reporter Jane Erikson contributed to this story. A complete list of states and their current marijuana laws can be found at http://pharmacology.tqn.com/library/weekly/aa971215.htm.
------------------------------------------------------------------- Dozens Gather To Demand Justice In Oregon Killing (The Houston Chronicle says activists and relatives of those slain previously by Houston police gathered outside the Harris County Criminal Courthouse Thursday, charging that the shooting of Pedro Oregon Navarro was "murder" and calling for the resignation of District Attorney John B. Holmes Jr. and the prosecution of the six prohibition agents who broke into Navarro's home without a warrant and killed him.) Date: Fri, 6 Nov 1998 16:20:06 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: Dozens Gather To Demand Justice In Oregon Killing Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: firstname.lastname@example.org Pubdate: Fri, 6 Nov 1998 Source: Houston Chronicle (TX) Contact: email@example.com Website: http://www.chron.com/ Copyright: 1998 Houston Chronicle Author: STEPHEN JOHNSON DOZENS GATHER TO DEMAND JUSTICE IN OREGON KILLING Calling the shooting of Pedro Oregon Navarro "murder," protesters, activists and relatives of those slain previously by Houston police demanded justice in Oregon's killing. Saying the firing of the six officers involved in the unauthorized raid that resulted in Oregon's death is insufficient, dozens of protesters gathered outside the Harris County Criminal Courthouse on Thursday. They called for the resignation of District Attorney John B. Holmes Jr. and prosecution of the officers for the July 12 killing of Oregon, who was shot 12 times. A grand jury no-billed all the officers except for indicting one on a charge of misdemeanor criminal trespass. "We feel the evidence is clear," said Toylean Johnson of the Justice for Pedro Oregon Coalition. The protesters' anger was fanned by a Houston Chronicle story Thursday that Officer David R. Barrera fired 24 of the 33 rounds discharged during the raid. HPD Chief C.O. Bradford fired all six officers on grounds that they violated the law as well as procedures. The protesters included Susan Hartnett, whose son Derek Jason Kaesman, 25, was shot 14 times in a hail of gunfire after leading Houston police on a chase Oct. 25. "We have returned to the wild West where the posse acts as judge, jury and executioner, said Hartnett, who accused the police of murdering her son. Another adding her voice was Janie Torres, whose brother Joe Campos Torres was beaten by Houston police in 1977 and drowned after falling or being pushed into Buffalo Bayou. "Everyone else in this city who (commits) a crime is expected to pay for that crime," said Torres. "This (Oregon's killing) is murder." The officers involved in Oregon's shooting were "cold-blooded murdering cowards," Torres said. "We did not ask for this and we do not deserve this." Noel "Skip" Allen, whose son Travis, 17, was shot to death by Bellaire police in 1995, called the lack of a felony indictment in Oregon's killing "typical of the good old boy justice in Texas." "Police brutality is not a thing of color," said Allen. "We have police out there who have no business being in uniform." Local NAACP President Howard Jefferson called on city leaders to "come together and right this wrong." Justice of the Peace Al Green warned the gathering, "Unless we take a firm stand, the next victim can be one of our own relatives." Green decried what he called the lack of public interest in the shooting of Oregon because he was not an affluent member of society. "Someday," Green said, "they (police) are going to kill the wrong person. "When they break into the wrong house and kill the wrong person, then we'll see lawyers and doctors and politicians rise up."
------------------------------------------------------------------- Houston Police Shooting Demands Public Scrutiny (The San Antonio Express-News says the killing of an innocent man, Pedro Oregon Navarro, by prohibition agents in Houston, Texas, who broke into his apartment without a warrant, compels public scrutiny outside of Houston. The Harris County district attorney's refusal to convene a new grand jury suggests that in Houston, and, by extension, Texas, the US Constitution applies only to certain people. The disturbing perception casts a pall on the city, and until the matter is satisfactorily resolved, the pall also hangs over the state.) Date: Sun, 8 Nov 1998 21:12:32 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US TX: Editorial: Houston Police Shooting Demands Public Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: firstname.lastname@example.org Pubdate: Fri, 6 Nov 1998 Source: San Antonio Express-News (TX) Copyright: 1998 San Antonio Express-News Contact: email@example.com Website: http://www.expressnews.com/ HOUSTON POLICE SHOOTING DEMANDS PUBLIC SCRUTINY In most circumstances, San Antonians would find little reason to pry into another city's official business. But the ongoing saga of a Houston police shooting compels public scrutiny beyond its borders. The background: Six members of a Houston Police Department gang task force raided the apartment of Pedro Oregon Navarro, 22, early on the morning of July 12 on a tip from a man who had just been pulled over for public intoxication. The man said drugs were being sold at the apartment. Without a warrant, officers forcibly entered Oregon's apartment, kicked in his bedroom door and shot him 12 times. Nine of the shots hit Oregon in the back. The officers said Oregon had pointed a gun at them, but a weapon never was fired. Nor were drugs found in the apartment. One officer emptied his gun into Oregon, reloaded and continued firing, discharging 24 of 33 bullets directed at Oregon, the Houston Chronicle reported. All six officers were fired this week. A Harris County grand jury declined to indict although one officer was charged with a misdemeanor criminal trespass. Conversely, reviews conducted by an internal disciplinary committee and a civilian review panel both recommended the firings. Houston Police Chief C.O. Bradford said the six were fired for lying and for violating several HPD policies, the constitutional protection against unlawful searches and state official oppression laws. Latino activists are pressing for a second hearing with a different grand jury, one that could be told of the department's disciplinary action. But the Harris County district attorney thus far has refused. His obstinacy, as well as the grand jury's actions, are troubling. They suggest that in Houston, and, by extension, Texas, the U.S. Constitution applies only to certain people and Oregon wasn't one of them. The disturbing perception casts a pall on the city. Until this matter is satisfactorily resolved, the pall also hangs over the state.
------------------------------------------------------------------- Won't Run From Uniformed (A letter to the editor of The Houston Chronicle about the Pedro Oregon Navarro controversy says to give police lots of bullets and let them "show no restraint." In return, the author will teach her children not to run from uniformed officers or to pull guns on them.) Date: Fri, 6 Nov 1998 11:24:07 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US TX: LTE: Won't Run From Uniformed Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: firstname.lastname@example.org Pubdate: Fri, 6 Nov 1998 Source: Houston Chronicle (TX) Contact: email@example.com Website: http://www.chron.com/ Copyright: 1998 Houston Chronicle WON'T RUN FROM UNIFORMED As a private citizen, I strongly support the statements from Joe S. Price ("HPD steps out in Oregon death," Viewpoints, Nov. 4). I get madder and madder as I read grandstanding civilians questioning police action and reaction. I do not want police officers questioning their sergeant's orders. Clearly the head of the task force did not follow departmental policy, routine search and seizure laws or police procedures and should be punished accordingly. But do you think the junior officers should ask their superior to let them read a search warrant or a consent-to-search form before following an order? Furthermore, when a man runs away from a group of uniformed police officers and picks up a gun, I expect the police to shoot. If the police are protecting my family, I don't want some silly City Council person telling them they can only fire three shots. Please, give them all 50 bullets and let them show no restraint. In return, I will teach my children not to run from uniformed officers or to pull guns on them. Donna C. Pendergast, Houston
------------------------------------------------------------------- Jailer Faces Drug Charge (The Sun-Herald, in Mississippi, says Gregory Scott Bryant, a Harrison County sheriff's deputy, was fired after being arrested last month on a charge of misdemeanor possession of marijuana.) Date: Sun, 8 Nov 1998 12:57:51 -0800 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US MS: Jailer Faces Drug Charge Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Patrick Henry (firstname.lastname@example.org) Pubdate: Fri, 6 Nov 1998 Source: Sun-Herald (Mississippi) JAILER FACES DRUG CHARGE A Harrison County sheriff's deputy was fired after being arrested last month on a charge of misdemeanor possession of marijuana. Biloxi police arrested former Jailer Gregory Scott Bryant, 26, and David Wayne Cannaday, 19, both of Gulfport, outside the Texaco gas station at Brady Drive and U.S. 90 early on the morning of Oct. 25. Arrest reports show that Biloxi police smelled marijuana outside the store and then noticed Bryant hand to Cannaday what appeared to be a marijuana cigarette. After the arrest, police seized Bryant's badge and a Sheriff's Department jacket and hat. Sheriff Joe Price said Bryant was a new employee and on probation when the arrest occurred.
------------------------------------------------------------------- Woonsocket officer fired over allegations (According to The Associated Press, The Call, in Woonsocket, Rhode Island, said Friday that Paul J. Girard, a police officer who handled drug cases and was one of the state's first trainers of drug-sniffing dogs, has been fired for allegedly consorting with crack cocaine users and removing narcotics from the force's evidence locker.) From: "Bob Owen@W.H.E.N." (email@example.com) To: "_Drug Policy --" (firstname.lastname@example.org) Subject: RI cop fired over drug allegations Date: Fri, 6 Nov 1998 20:40:58 -0800 Sender: email@example.com Woonsocket officer fired over allegations Associated Press, 11/06/98 18:00 WOONSOCKET, R.I. (AP) - A Woonsocket police officer who handled drug cases has been fired for allegedly consorting with crack cocaine users and removing narcotics from the force's evidence locker, according to city officials. Paul J. Girard, 44, was dismissed this week after an administrative panel found he had committed the offenses, The Call of Woonsocket reported Friday. Girard has not been charged criminally. The matter is the subject of a criminal investigation, said Woonsocket City Solicitor Joseph P. Carroll. Girard told television station WJAR that he plans to appeal the decision and expects to be cleared of the charges. The investigation into the allegations began after police learned that Girard, a police officer for 15 years, was with his girlfriend when she was arrested in Providence moments after she allegedly bought cocaine. In hearings before the three-member panel, police officers said that a small quantity of narcotic evidence was found in Girard's desk. He was cleared of accusations that he used drugs. Girard was one of the state's first trainers of drug-sniffing dogs.
------------------------------------------------------------------- Movie Promotion is Perfectly Legal (A list subscriber forwards an excerpt from a press release issued by Frederick Brewing, the Maryland producer of Hempen Ale. The press release announces a promotional campaign for the hemp-flavored beer by the Baltimore-based agency, the Campbell Group, including a tie-in to the release of the movie, "Very Bad Things," starring Cameron Diaz and Christian Slater, opening Nov. 25. The promotional campaign will also play up the illicit connotations of hemp with print, radio and point-of-purchase materials, while mocking absurd laws on the books across the country such as an Illinois statute that prohibits giving lighted tobacco products to domesticated animals, and California's law against setting a mousetrap without a hunting license. Print ads use the work of "outsider" artists to underscore the campaign's counter-culture message.)Date: Fri, 6 Nov 1998 16:57:07 -0800 (PST) From: Turmoil (firstname.lastname@example.org) To: email@example.com Subject: HT: news from hempen ale Sender: firstname.lastname@example.org this was clipped from a frederick brewing press release: *** Movie Promotion is Perfectly Legal The Mid-Atlantic's largest craft brewer, Frederick Brewing Co., brewers of the nationally-distributed, award-winning Hempen Ale and Hempen Gold, have announced the launch of the Perfectly Legal/Perfectly Illegal Bar Nights, promotions surrounding the release of PolyGram Films' movie, "Very Bad Things." The movie, which features Cameron Diaz and Christian Slater, opens nationwide November 25, 1998. Perfectly Legal/Perfectly Illegal Bar Nights will run in several markets throughout November, offering consumers the opportunity to win Hempen Ale and Very Bad Things merchandiseincluding co-branded cocktail napkins, Very Bad Things skull caps and/or CD music samplers, movie posters, Hempen Ale T-shirts, pint glasses and key chains. To win prizes (in markets where legal), consumers must determine whether certain activities are legal or illegal (taken from laws included in the new Hempen Ale advertising campaign, and events in the film). The work of Baltimore-based agency, The Campbell Group (TCG), the new Hempen Ale advertising campaign, which consists of print, radio and point-of-purchase materials, mocks the absurd laws on the books across the country with the tagline, "Hempen Ale and Hempen Gold: It's Perfectly Legal." In developing the campaign, TCG discovered several hundred actual laws on the books across the country, including an Illinois law that prohibits giving lighted tobacco products to domesticated animals, and California's law against setting a mousetrap without a hunting license. Print ads use the work of "outsider" artists to underscore the campaign's counter-culture message. This January, Frederick Brewing Co. will launch an under-the-cap promotion that encourages consumers to collect all 20 Hempen Ale and Hempen Gold bottle caps to win prizes (in markets where legal).
------------------------------------------------------------------- 'An Abuse Of Authority' (The Las Vegas Review-Journal covers oral arguments in the appeal to the US Supreme Court by Patrick Knowles, an Iowa motorist sentenced to 90 days in jail when police discovered a pipe and a small amount of marijuana after a routine traffic violation led to a search of his vehicle. Tuesday in Washington, DC, even the "law-and-order" members of the court seemed surprised and skeptical when informed about the broad discretion Iowa now grants its police to search drivers pulled over for routine traffic stops.) Date: Sat, 7 Nov 1998 09:20:39 -0800 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US NV: OPED: 'An Abuse Of Authority' Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: email@example.com (Frank S. World) Pubdate: 6 November 1998 Source: Las Vegas Review-Journal (NV) Contact: firstname.lastname@example.org Website: http://www.lvrj.com/lvrj_home/ Fax: 702-383-4676 Copyright: Las Vegas Review-Journal, 1998 'AN ABUSE OF AUTHORITY' High court deliberates routine highway searches. Fortunately, even the most traditionally "law-and-order" members of the U.S. Supreme Court seemed both surprised and skeptical Tuesday when confronted with the broad discretion Iowa now grants its police to search drivers pulled over for routine traffic violations ... even without any "probable cause" to believe a further crime has been committed. Appellant Patrick Knowles was stopped for speeding on March 6, 1996, in Newton, Iowa. An officer gave Mr. Knowles a speeding ticket and then informed him he had a right to search his car, which the cop proceeded to do. The search turned up a pipe and a small quantity of marijuana, which Iowa courts allowed to be used as evidence. Mr. Knowles was convicted and sentenced to 90 days in jail, but is now appealing based on the Constitution's Fourth Amendment protection against unreasonable searches. "If somebody jaywalks, the police could search them?" asked Justice John Paul Stevens, according to an Associated Press story. "Correct," explained Iowa Assistant Attorney General Bridget A. Chambers. Justice Antonin Scalia then asked Ms. Chambers whether an officer could stop someone, arrest and search them, and then drop the arrest. Yes, she said. "Wow," the justice responded. About 400,000 people are given traffic tickets each year in Iowa, Mr. Knowles' lawyer, Paul Rosenberg, told the high court. But police invoke their authority to conduct searches only selectively, because if everyone given a traffic ticket were searched, "the people wouldn't stand for it." A 1973 Supreme Court decision allows police to conduct a "search incident to arrest," noted Justice Anthony M. Kennedy. But, "You want to turn it around and have an arrest incident to search. ... It seems to me that would be an abuse of authority." The notion that we should not object to government agents stopping and frisking any passer-by since "it's for the protection of everyone" and "the innocent have nothing to fear," is the next-to-last stop on the one-way train ride to tyranny. Yes, such measures appear to make the policeman's lot a bit easier, in the short run. But once the populace begins to see these officers as anything but friendly keepers of the peace and protectors of our liberties, that could quickly change. The high court is expected to rule in the case of Mr. Knowles by July. Let us hope the Supremes set a firm high water mark for this particular tide of tyranny, and begin to roll it back.
------------------------------------------------------------------- Sniffer Dogs Not Always Right (The London Free Press, in Ontario, says Canada Customs admits its trained dogs sometimes bark up the wrong tree when sniffing out suspected smugglers and luggage. In five per cent of cases, customs officials have a hard time making sense of why the dogs smelled something funny.) Date: Sat, 7 Nov 1998 09:20:39 -0800 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: Canada: Sniffer Dogs Not Always Right Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: email@example.com Source: London Free Press (Canada) Contact: firstname.lastname@example.org Website: http://www.canoe.ca/LondonFreePress/home.html Copyright: 1998 The London Free Press a division of Sun Media Corporation. Pubdate: Fri, 6 Nov 1998 Author: Carol Harrington, CP SNIFFER DOGS NOT ALWAYS RIGHT CALGARY -- Canada Customs admits its trained dogs sometimes bark up the wrong tree when sniffing out suspected smugglers and luggage. "It is possible," said Jim Roberts, the national co-ordinator of the customs' detector dog service program. "The dogs will play games; if they get frustrated and the master doesn't read them properly, they get frustrated and then they'll start doing what they call false alerts." Maybe that's what happened to Richard Burleson, a placid cigar-smoking music professor. Police ended up escorting him to the basement cells at the Winnipeg airport because a dog "indicated" his suitcase carried a stash of drugs. "I was surprised the RCMP officer said, 'Judging by the way the dog indicated on your suitcase, we're expecting heavy duty drugs in your bag,' " Burleson said. Police found nothing. In Calgary, a woman who was working at the airport lost her job after a dog singled her out. Customs found nothing on Rebecca Wolfchild. She suspects her native custom of burning sweetgrass. The dog got a whiff of sweetgrass, which, when burned in aboriginal ceremonies, has a similar smell to marijuana. In both cases, custom officials denied their specially trained canines made a mistake. The 36 customs dogs posted across Canada have made 771 drug busts since last April. But an informal survey by Canada Customs found five of their dog handlers saying the dogs aren't always on the right track. "It appears that approximately 95 per cent of all referrals that are made, they are either getting a drug seizure, traces of drugs, or an admittance of either previously using drugs or being in contact of someone who has," said Tom Prosper of Canada Customs. But in five per cent of cases, customs officials have a hard time making sense of why the dogs smelled something funny. America's top dog in such matters says the four-legged hairy sleuths are sometimes simply wrong. "Certainly, the dogs do make false positive responses," said Jim Johnston of the Institute for Biological Detection Systems in Auburn, Ala. The mistakes are usually caused by poor training or the dog's background, Johnston said. But a dog's nose usually knows because it is 1,000 to 10,000 times more sensitive than a human's, Johnston said. "Dogs live in an odour world," he said. Dogs are capable of discriminating between several chemicals in an object, whereas humans would just smell one odour. But the dogs' keen smell can backfire. Sometimes they pounce on a suitcase that was next to another suitcase with drugs in it, Johnston said.
------------------------------------------------------------------- The Week Online with DRCNet, Issue No. 66 (The Drug Reform Coordination Network's original summary of drug policy news and calls for action, including - Sweep!; District of Columbia - silencing the voice of the voters; Arizona - restoring the will of the voters; Colorado - ballot status uncertain, voters certain; Oregon perspective; Report finds injection-related AIDS ravaging African American and Latino communities - police presence a factor in disease's disproportionate impact Supreme Court hears car search case; DRCNet launching stopthedrugwar.org web site; DRCNet launches new "activism" online discussion group; High school honor student expelled for sipping sangria at internship party; an excellent editorial on American's ivory-tower mass media, Message sent, by Adam J. Smith; and, A message from DRCNet to you.) Date: Fri, 06 Nov 1998 08:57:57 -0500 To: email@example.com From: DRCNet (firstname.lastname@example.org) Subject: The Week Online with DRCNet, Issue #66 Sender: email@example.com The Week Online with DRCNet, Issue #66 -- November 6, 1998 A Publication of the Drug Reform Coordination Network -------- PLEASE COPY AND DISTRIBUTE -------- (To sign off this list, mailto: firstname.lastname@example.org with the line "signoff drc-natl" in the body of the message, or mailto:email@example.com for assistance. To subscribe to this list, visit http://www.drcnet.org/signup.html.) (This issue can be also be read on our web site at http://www.drcnet.org/wol/066.html. Check out the DRCNN weekly radio segment at http://www.drcnet.org/drcnn/.) PERMISSION to reprint or redistribute any or all of the contents of The Week Online is hereby granted. We ask that any use of these materials include proper credit and, where appropriate, a link to one or more of our web sites. If your publication customarily pays for publication, DRCNet requests checks payable to the organization. If your publication does not pay for materials, you are free to use the materials gratis. In all cases, we request notification for our records, including physical copies where material has appeared in print. Contact: Drug Reform Coordination Network, 2000 P St., NW, Suite 615, Washington, DC 20036, (202) 293-8340 (voice), (202) 293-8344 (fax), e-mail firstname.lastname@example.org. Thank you. ONLY TILL THURSDAY: The DRCNet Drug Crazy Book Giveaway is still open to entrants, but only till midnight on Thursday! Enter or get more info at http://www.drcnet.org/contest/, and you might win a free, personally autographed copy of this exciting new book from Random House by author Mike Gray. TABLE OF CONTENTS 1. SWEEP!!! http://www.drcnet.org/wol/066.html#sweep 2. District of Columbia: Silencing the Voice of the Voters http://www.drcnet.org/wol/066.html#dcvote 3. Arizona: Restoring the Will of the Voters http://www.drcnet.org/wol/066.html#arizona 4. Colorado: Ballot Status Uncertain, Voters Certain http://www.drcnet.org/wol/066.html#colorado 5. Oregon Perspective http://www.drcnet.org/wol/066.html#oregon 6. Report Finds Injection-Related AIDS Ravaging African American and Latino Communities -- Police Presence a Factor in Disease's Disproportionate Impact http://www.drcnet.org/wol/066.html#emergency 7. Supreme Court Hears Car Search Case http://www.drcnet.org/wol/066.html#court 8. DRCNet Launching STOPTHEDRUGWAR.ORG Web Site http://www.drcnet.org/wol/066.html#newsite 9. DRCNet Launches New "Activism" Online Discussion Group http://www.drcnet.org/wol/066.html#drc-active 10. High School Honor Student Expelled for Sipping Sangria at Internship Party http://www.drcnet.org/wol/066.html#expelled 11. EDITORIAL: Message Sent http://www.drcnet.org/wol/066.html#editorial 12. A Message from DRCNet to You http://www.drcnet.org/wol/066.html#message *** 1. SWEEP!!! Election Day 1998 turned into a stunning sweep for advocates of drug policy reform as voters in Alaska, Washington, Oregon, Nevada, Colorado, Arizona and Washington, DC rejected the extremist rhetoric of national officials. While many of the newly passed laws still face uncertain futures in the face of federal law and congressional disapproval, the impact of the votes is sure to be dramatic. In Oregon, a medical marijuana initiative passed while a bill which would have enhanced penalties for personal possession of marijuana was soundly defeated. In Alaska and Washington State, medical marijuana initiatives won handily. In Nevada, voters approved an amendment to the state constitution legalizing the medicinal use of marijuana. That amendment will be on the ballot again in 2000 as voters must approve constitutional measures in consecutive elections. In Colorado, an on-again off-again initiative was ruled invalid by a state appeals court just days before the election, after two disputed counts by the Secretary of State's office found petition signatures insufficient to qualify for the ballot (see below); but voters registered their support nonetheless, giving the initiative nearly 60% of the vote. The following several articles discuss some of the more complex votes and situations surrounding this year's drug policy votes, and additional info is available on our web site at http://www.drcnet.org/election98/. *** 2. District of Columbia: Silencing the Voice of the Voters In Washington, DC, a last-minute addition to the DC Appropriations Bill, submitted by Rep. Bob Barr (R-GA), forbade the use of district monies for the certification, not the counting, as erroneously reported in the Washington Post this week, of the medical marijuana vote. The initiative was a grass-roots effort with strong backing and support by ACTUP DC and the Marijuana Policy Project. On Tuesday (Election Day) the District of Columbia Board of Elections and Ethics issued a release which said that "under pressure and mandate from Congress," they would not release the results of the vote on I-59. "While the votes on Initiative Measure 59 will be counted," it said, "the Board has been instructed by Congress that the DC Appropriations Act, 1999, prevents the Board from making the results of the tabulation available to the public." Ken McGhie, Counsel to the Board, told The Week Online, "Over the past week, there have been concerns, expressed by the Congress, as to whether or not the Board could count and announce the results in light of the Barr Amendment. The Board and the Corporation Council decided that they could justify counting the ballots, since they were already printed with I-59 on them among the other races, and the computer was already programmed to count everything on the ballot. But we were concerned that announcing the result would be viewed as an attempt to defy the will of Congress. We felt it would be more prudent to wait for some direction from the court." The Board, McGhie said, would file a motion for declaratory judgement later this week, along with a request for expedited consideration. When asked if he knew of any precedent for the results of an American election being kept from the people on orders from the Congress, McGhie siad "none that I've been able to find." The ACLU announced that in addition to the lawsuit filed this week to get the results of the election certified, they would be filing a Freedom of Information Act request to get the results of the election released to the public. Exit polling, conducted by Americans for Medical Rights, found that 69% of voters cast ballots in favor of the initiative. Arthur Spitzer of the ACLU, National Capital District, told The Week Online that the ACLU had already filed suit to force the certification of the vote on First Amendment grounds. "Our position is that while the Constitution puts the District under Congressional control, and the Congress could, for example, tell the district that they cannot use voter initiatives at all, they cannot pick and choose which are okay and which are not. The Barr amendment said that District monies could not be used for an initiative which would lower penalties for marijuana, but it doesn't say, for example, that the district cannot certify an initiative to increase penalties for marijuana. That's like saying, 'you can vote for a Republican, but not a Democrat.' Congress cannot pass laws, in the District or anywhere else, that violate the First Amendment." On the day after the election, the ACLU also filed a Freedom of Information Act request to have the results of the vote released to the public. "There are several statutory defenses to such a request, for instance the government is not required to release personal files, or details of an ongoing criminal investigation," Spitzer said. "But we are confident that the results of a public election will not fit under any of those exceptions. Assuming that is so, they have ten days to release the information. But we have also reminded them that they are free to release the information sooner, and we're hoping that they will do so." Alice Miller of the DC Board of Elections and Ethics told The Week Online, "We were stuck between a rock and a hard place, to tell you the truth. On the one hand, it's the Board's responsibility to announce and certify the results of elections, but on the other, there was the Barr amendment, which seemed to override that responsibility. Right now, we're just waiting for some direction from the federal court as to what we should do." *** 3. Arizona: Restoring the Will of the Voters In Arizona, voters reinstated a proposition that was gutted by the legislature after it was first approved at the ballot box in 1996. Originally Proposition 200, the initiative gave physicians the right to prescribe any drug, as long as they could show a second opinion and some medical evidence that it would benefit patients. Prop. 200 also eliminated jail sentences for persons convicted of first-time non- violent drug offenses. After the legislature gutted the new law, The People Have Spoken, a group dedicated to preserving the reforms that Arizonans had voted for, gathered over 200,000 signatures to put the legislature's changes on the ballot in '98. These changes to Prop. 200 were rejected this week, thus restoring the broadest reform measure in the nation to its original terms. A companion initiative, 105, was also passed this week. Prop. 105 mandates that the legislature now needs a 3/4 majority in order to make changes to voter-approved initiatives. *** 4. Colorado: Ballot Status Uncertain, Voters Certain A state court ruling just days before the election eliminated Colorado's medical marijuana initiative from the ballot. However, as the ballots had already been printed, many voters pulled the lever anyway. CBS News reported on election night that 59% of voters approved the measure, although the issue was locked out in certain districts, thereby making an official count impossible. There is an ongoing appeal in Colorado regarding alleged mismanagement of both signature counts by the Secretary of State, leading to the disqualification of the initiative. If proponents can show that the measure was wrongfully disqualified, it would then automatically be placed on the ballot in 2000, and it's possible that damages could be awarded. The Week Online will keep you up to date as this story progresses. *** 5. Oregon Perspective - Bear Wilner (Editor's Note: Bear Wilner, flush with the heady glow of victory, sends us his observations on the elections from his perch in Eugene. This week, we're letting him wax editorial... being that we're all in such a good mood. Thanks again, Bear, for keeping us abreast as the campaigns unfolded in the Beaver state.) The election of 1996 was the most important in the history of US drug policy reform to date. We must continue to give credit to the tremendously revitalizing impact of the passages of California's Proposition 215 and Arizona's Proposition 200. Yes, they built on decades of activism and countless hours of hard work, but their demonstration of massive popular support for change was what dealt the deathblow to so many years of Drug War status quo. Still, hard beset as they were by federal and state officials hostile to any weakening of the prohibitionist edifice, California's and Arizona's new situations were close to succumbing in recent months. Now, with the universal ballot-box victory of the reform legislative positions that were up for a vote and with the election of a number of more reform-minded candidates across the nation, California and Arizona will never again be forced to stand alone on this issue. I am deeply proud to be able to announce that the state of Oregon has joined the rest of the US jurisdictions that have signaled their intent to begin moving toward a new approach to drug law -- and not a moment too soon. Final results have been delayed by the count of many hundred thousand absentee ballots, but it is clear that Oregonians rejected Measure 57, which would have recriminalized the possession of under an ounce of cannabis, by an even larger margin than they passed Measure 67, which will allow severely ill Oregonians and their caretakers to grow and possess cannabis in order to alleviate their symptoms. Even a last-minute infusion of money could not salvage the poorly run anti-reform campaigns; this election was about decency, not dollars, and voters were acting on a real understanding of the issues at stake. Nevertheless, the same governor and essentially the same state legislature will continue in office with the new year. For that reason, Oregon reformers must continue to work, to organize, and to remain vigilant against any tampering with the people's will. The state's largest newspaper, the Portland Oregonian, which had printed a blistering anti-67 editorial as well as voicing support for 57, has begun urging lawmakers to tinker in the guts of the medical-cannabis legislation even before it has gone into full effect. With its editorial board expressing their fear of "the prospect of a plague of pony- tailed doctors prescribing reefer for the blues," the Oregonian's language is a far cry from the kind of balanced journalism to be found in Phoenix's normally quite conservative Arizona Republic (http://www.azcentral.com) two days after the election. Oregon activists were expecting this sort of sore-loser response, though, and had already begun planning their campaign in support of the newly approved Oregon Medical Marijuana Act well in advance of November 3rd. The sorts of extra-constitutional legerdemain that the likes of outgoing California Attorney General Dan Lungren loved to practice in response to the people's mandates are not foreseen as having much impact here in fiercely independent-minded Oregon. *** 6. Report Finds Injection-Related AIDS Ravaging African American and Latino Communities -- Police Presence a Factor in Disease's Disproportionate Impact A report released last weekend by the Dogwood Center, Health Emergency 1999, found that injection-related AIDS and other diseases have continued to take an enormous toll in the African American and Latino communities. Further, Health Emergency found that the likelihood of an African American or Latino injection drug user is several times more likely to catch HIV/AIDS than a white injection drug user -- illustrating how drug enforcement drives up the spread of HIV by encouraging users in heavily policed communities to dispose of syringes quickly to avoid discovery and arrest. In all cases, the risk of catching HIV or other deadly diseases from a shared syringe is several times greater than the likelihood of dying from an overdose. Health Emergency 99 was introduced by former US Surgeon General Dr. Joycelyn Elders, at the US Conference on AIDS in Dallas last weekend. The full text of the report can be found online at http://www.drcnet.org/healthemergency/. *** 7. Supreme Court Hears Car Search Case The Supreme Court heard arguments this week (11/3) in the case of a Patrick Knowles, whose car was searched by officers in Iowa, against his wishes, incident to a speeding ticket. Officer Ronald Cook, who conducted the search, testified at trial that other than speeding he had no reason to suspect Knowles of illegal activity. The search, however, turned up a pipe and a small amount of marijuana, and Knowles was arrested. The Iowa Supreme Court found that Iowa law allows for a search in any instance where the officer could have made an arrest, and state law allows for an arrest in the case of speeding. The US Supreme Court, however, ruled in 1973 that police can search people upon arrest, citing a need to disarm the arrestee and preserve evidence. At argument, the Justices seemed wary of allowing such a broad interpretation of the right to search. At one point, Justice Scalia asked the attorney for the state of Iowa whether an officer could stop someone, arrest them, search them and then release them. When the attorney answered in the affirmative, Scalia responded "Wow." Justice Kennedy noted that while an officer is permitted to conduct a search incident to an arrest, "you want to turn it around and have an arrest incident to a search. It seems to me that would be an abuse of authority." A decision on the case is not expected until early next year. *** 8. DRCNet Launching STOPTHEDRUGWAR.ORG Web Site This afternoon, DRCNet will be launching the first sections of what will be a unique, major new reform web site. The stopthedrugwar.org web site will be more than a DRCNet web site, but a gateway to both the issues and the movement, designed to inform people about the consequences of current drug policy, while connecting them with the groups that are working in their areas of interest and other resources and opportunities for involvement. When fully developed, stopthedrugwar.org will point visitors to organizations and resources in their states as well as in their issues. Today we are presenting the first of our issue overviews, giving readers an introduction to topics such as chronic pain, drug-related AIDS, medical marijuana, kids in the drug war, and more, and ask for your feedback. Check it out at http://www.stopthedrugwar.org and let us know what you think. We anticipate that stopthedrugwar.org will become our principal means for promoting DRCNet and bringing new people into the movement. You can help! Stick a link or banner on your web site, write about it in your newsletter, put a bumper sticker on your car or other visible locations. (Bumper stickers sent free to all making donations, and upon request to those who have made donations in the past or who can't afford to donate. E-mail your requests to email@example.com -- normally we just send one, but if you have a use for more, tell us what you will be doing with them, and we'll consider your request.) Note that stopthedrugwar.org will not supersede our current web sites, drcnet.org and druglibrary.org, but will play a new and different role. Stopthedrugwar.org is being built as a "gateway to the movement"; drcnet.org will continue to be "DRCNet Central" while druglibrary.org will continue to be "Information Central". *** 9. DRCNet Launches New "Activism" Online Discussion Group The drug policy reform movement is on the fringes no more. So now, more than ever, it is time to DO SOMETHING! Toward this end, DRCNet proudly announces DRC-Action. DRC-Action is an open email discussion list for people who need or want to share support and ideas on WHAT TO DO to begin having a real impact through realistic strategies. The focus of the list will be primarily on local and statewide action, with an eye toward educating and involving key players and constituencies in the struggle to end the war. The list will not be moderated, but in the interest of making it as productive as possible, DRCNet will be quick to remind those who clutter participants' boxes with non-action related materials or posts. DRCNet will also be inviting several movement professionals and effective activists from various parts of the country to participate and to lend their ideas and expertise, and we believe that the resulting discussion will be both interesting and useful for all involved. So, if you've been waiting for some guidance, ideas or a support system to help you to make concrete and meaningful progress, please subscribe to DRC-Action today. The movement, and your country, needs you now! See you there. To subscribe, send e-mail to firstname.lastname@example.org with the words: "subscribe drc-action your name" in the body (not the subject) of the message. (Leave out the quotes and substitute your own name where it says "your name".) You will receive a confirmation message if you have successfully joined. The address for posting is email@example.com, and only subscribers will be able to post. *** 10. High School Honor Student Expelled for Sipping Sangria at Internship Party Jennifer Coonce, 17, a National Honor Society member, has been suspended for ten days, and barred from her high school campus for the remainder of her senior year, for taking two sips of sangria at a party in the offices of a design firm for whom Coonce had just begun interning. She will take classes from home over an independent teleconference system to complete her high school degree, and will lose both her Honor Society membership and her advanced placement credit, as the necessary classes are not offered through the teleconference program. Ironically, it was Coonce's mother who alerted the school to the fact that her daughter had sipped the wine out of concern that the company, Interiors by Terry D, a design firm, had inappropriately offered the wine to her daughter at a going-away party for another employee. *** 11. EDITORIAL: Message Sent In the hours and days after the election, the mainstream media was, predictably, teeming with analysis and debate, provided by the usual voices, on what, exactly, it all meant. Democrats, to be sure, bucked both Clinton's lack of self control and the historical trends by gaining, rather than losing seats in the house in the sixth year of their president's administration. And Republicans had accomplished what they had not done in seventy years, keeping control of both houses for three straight election cycles. Was the election a referendum on impeachment? On the religious right? Was it the Democrats' ability to get out the African American vote? Was it Social Security? Health care? The Budget? Over and over, on op-ed pages, radio talk shows, and on a dozen or more 24-hour news and political TV stations, the debate roared: What were the voters saying? What was the trend? What did it all mean? The pundits and prognosticators, bought and paid for by the corporate media, are very comfortable discussing politics around the edges. They are good at debating the often meager differences between the major parties, offering their opinions on the well-rehearsed theatrics that pass for political dialogue, and making predictions based on polls made up of questions devoid of nuance or context asked of the small percentage of voters who will still take the time to speak to a pollster. But present the "experts" with the unfamiliar, with a scenario that does not fit into their experience, confront the editors, the anchors, the talking heads with a sign of change so dramatic that it portends a seismic shift in the political reality, and you've lost them. Unable to make it fit, they will chalk it up as an anomaly and move on to more comfortable material. On Election Day 1998, every single ballot measure that would reform an element of our nation's drug policy passed, and passed comfortably. In each case, the usual band of drug warriors, including, most significantly, the federal government itself -- and a majority of both political parties -- were vehemently opposed. Yet in each case the voters ignored them. Whether it was medical marijuana, decriminalization of personal, recreational marijuana use, or an end to jail time for non-violent possession of any drug, the voters supported reform. In assessing the media's silence on this trend, one should note that is not as if the drug war is an unimportant or inexpensive issue. Tens of billions of tax dollars are spent year after year, while hundreds of thousands of Americans are forced into a broken justice system. Civil liberties are eroded, institutions and entire governments are corrupted, global criminal enterprises are enriched and empowered and the nation's children are confronted with a black market that is more than eager to have them as customers. Neither was it the case that a single initiative, stealthily ushered onto a ballot, passed under the noses of an unsuspecting public. Initiatives passed in places as diverse as Arizona, Oregon and the District of Columbia, often after fierce debate and much media coverage. In addition, California's voters rejected Dan Lungren, widely known as the state's staunchest opponent of patients' access to medical marijuana, in his race for governor. And in Minnesota, the voters shocked the experts by selecting Jesse Ventura as their governor, a Reform Party candidate who has publicly stated that the drug war doesn't work. And yet, in the nation's media, a puzzled silence. Not a word about the implications for the drug war, certainly our most disastrous and destructive domestic policy. A policy, it bears repeating, that both major parties have fallen over themselves to support. Not a word about what the results tell us about voters' confidence in their leaders on this issue, after their leaders ridiculed the reforms and warned of dire consequences in the event of their passage. Not a word about what all of this means for the future earnings of pharmaceutical companies and the prison industry and all the other big political contributors who reap enormous profits from the prosecution of various elements of the war. Not a word about the singular clear trend to come out of the election of 1998. Those Americans who were watching with their own, rather than the pundits' eyes, however, could scarcely have missed it. Election '98 was a sweep in the most resounding sense of the word. It showed clearly that the people no longer trust their government, not either party, on the vital issue of the Drug War. It was a stunning refutation of the status quo. The experts in the mainstream media, for all their air time and all their knowledge and experience, missed the boat on the only clear message that was sent from the voters to the politicos in Election '98. Perhaps they will get it next time, in 2000, when the victories keep coming and it is the drug warriors themselves, and not just their policies, that suffer ignominious defeat. But they will likely be left only to analyze in the aftermath, as they have already shown that they are too blind to predict the demise of this ignoble war. The results, collectively, indicate in no uncertain terms that the movement has begun in earnest. That movement represents, perhaps, far too substantive a change to be acknowledged or even comprehended by a media elite beholden to the status quo. Voters, in 1998, sent a message of freedom and of personal dignity, of their rejection of absurd and alarmist rhetoric and of their confidence in the judgment of individuals over the judgment of the state. And as clear as that message was, it was predictably unfamiliar to the sorry group of Washington apologists assigned to explain our political reality to us. But ignoring the signs does not change their meaning. Nor can it alter the course of events that they portend. Adam J. Smith Associate Director firstname.lastname@example.org *** 12. A Message from DRCNet to You The exciting events of the past week have filled reformers with energy and hope. Over the next few weeks, we at DRCNet, and our colleagues at other drug reform groups, will be charting plans for how to best apply our efforts at this historic juncture, how to most powerfully move forward from the Victory of '98 -- how to bring sanity to this important social issue that touches so many different aspects of our lives. We hope soon to announce an "action plan" -- hopefully a plan involving many reform groups acting in coalition -- so keep reading The Week Online and DRCNet action alerts, to make sure you are informed and can be part of this historic movement for change. Our time is here, now, and you are a part of the answer. Your enthusiasm during DRCNet's lifetime is what has made the organization thrive. But though we wish it weren't the case, your support through financial contributions is an important part of what has made the organization actually exist. You might not have realized just how important member support is to this organization, but the following explanation will explain very specifically how your support is irreplaceable and necessary to the effort. DRCNet, in the legal sense, is made up of two different parts -- the DRCNet Foundation, a 501(c)(3) educational organization, and the Drug Reform Coordination Network, a 501(c)(4) organization that is free to do educational work, but which exists to allow us to do more grassroots lobbying than the DRCNet Foundation as a 501(c)(3) can do. Most of our funding comes in the form of grants and major tax- deductible gifts to the Foundation, 95% of the expenditures of which must go to strictly educational activities or work that supports those activities. And indeed most of our work, including the writing of most of the articles in The Week Online and on our web site, is educational. But what this means that our crucial legislative action alerts -- and the larger grassroots political projects that we are contemplating for the near future -- must be financed and carried out by the Network instead. And the Network's principal source of income is the many small and mid-size contributions made by members of DRCNet. In a real way, then, we are dependent on hundreds or thousands of you sending in small or large contributions -- be they as low as $5 or $10 or as high as $100 or more -- to make our legislative work possible. Without your continuing support, that important part of our work could not continue. And without the support of many of you who have not yet contributed membership dues, that work will not be able to expand to meet the phenomenal opportunities created by the victories of Election '98. DRCNet readers are busy people, perhaps never more so than when reading their e-mail! But if you want to see this movement grow to meet the challenge of the times, please take a moment to visit our member registration/donation form at https://www.drcnet.org/cgi-shl/drcreg.cgi (encryption protected, recommended for credit card donations), or http://www.drcnet.org/cgi-shl/drcreg.cgi (no encryption, fill it out and print it out to send in by mail) -- or just send your check or money to: DRCNet, 2000 P St., NW, Suite 615, Washington, DC 20036. Consider becoming a monthly credit card donor! THOSE DONATING $35 OR MORE WILL RECEIVE A FREE COPY OF SHATTERED LIVES: PORTRAIT'S FROM AMERICA'S DRUG WAR -- see http://www.drcnet.org/rapid/1998/9-14.html for more. Note that contributions to DRCNet are not tax- deductible. (If you prefer to make a tax-deductible contribution, please send a check or money order made payable to the DRCNet Foundation, at the same mailing address.) Another way to support the organization financially, without actually having to part with any money yourself, is to enroll in the eyegive online fundraising program. Just go to http://www.eyegive.com/html/ssi.cfm?CID=1060 to enroll with DRCNet as your recipient non-profit (or to read more about eyegive). DRCNet will immediately earn $2 just for you signing up, and you can earn us $50, $100 or more, just by visiting the eyegive home page at http://www.eyegive.com on a regular basis for just a few seconds each time. We hope you'll do both, however, for the following three reasons. One is that when a member sends us a check or a credit card donation, we can then count that person as a member, and the number of paying members we have supporting us is an important measure that we present to our funders on a monthly basis. The more of you join, the more confidence they will have to invest in DRCNet, providing the backing needed to do outreach in the form of mailings, promotion of stopthedrugwar.org, and more, building the movement to something much larger than that which we know the today. The second reason is that if we know who you are and where you are, we will be able to alert you if there is a special way that you can advance the effort in your community, Congressional District or state. The third reason is that the eyegive earnings come to after three months (which they need for their auditing purposes), but we have opportunities at DRCNet that need a little bit more money right now. Two students who have interned for us already and done great work are waiting to know if we can hire them part-time for certain important projects that will contribute greatly to the movement's objectives. They'll do a little bit as volunteers anyway, but having to take classes and work other jobs means their time for DRCNet is limited. Your support with a donation today will help us bring these bright young people on board and will be a very efficient use of funds to achieve results. Thank you for being a part of DRCNet. Whether you are able to contribute at this time or not, we are glad to have you on our list. And stay tuned -- there's been good news this week, but the best is yet to come! David Borden Executive Director email@example.com *** DRCNet *** JOIN/MAKE A DONATION http://www.drcnet.org/drcreg.html DRUG POLICY LIBRARY http://www.druglibrary.org/ REFORMER'S CALENDAR http://www.drcnet.org/calendar.html SUBSCRIBE TO THIS LIST http://www.drcnet.org/signup.html DRCNet HOME PAGE http://www.drcnet.org/ -------------------------------------------------------------------
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