Portland NORML News - Wednesday, December 9, 1998

Recommendations for the Implementation of Ballot Measure 67,
Medical Use of Marijuana (The text of the guidelines proposed for state
law enforcement officials' compliance with the Oregon Medical Marijuana Act,
released today by the Oregon Attorney General's Work Group on Medical
Marijuana - plus a favorable introduction by Dr. Rick Bayer,
a chief petitioner for the ballot measure.)


Proposed by the Attorney General's Work Group on Medical Marijuana

From: "Rick Bayer" (ricbayer@teleport.com)
To: "Rick Bayer" (ricbayer@teleport.com)
Subject: Oregon AG recommendations for implementation of M67
Date: Thu, 10 Dec 1998 12:07:42 -0800


I have scanned this into my computer and it is below as well as on an
attached Word 95 file. I thought this might be less cumbersome and less
expensive than faxes but please recall that with scanning and changing
format into and out of HTML (rich text), the original formatting will be
lost. Scanning creates errors and I may have missed some typos when
proofreading. Some things, such as page numbers, may seem strange or
irrelevant but it is readable and hopefully you all will find it useful.
The Word 95 file will retain the original formatting.

Personally, I am pleased with the AG recommendations. They seem fair
and they call on police officers to use restraint when considering the
arrest of patients.

If you get asked, my suggested response to the media would go something
like this, "We believe the AG recommendations are fair and we look
forward to working with the OHD to make the necessary rules. Our
primary concern with the Oregon Medical Marijuana Act is that the Oregon
legislature not betray voters like they did after the Oregon Death With
Dignity Act was passed." (or similar)

In summary, we are content with AG report, happy with the progress at
OHD, and need to put the legislature "on notice" that if they once again
betray the voters that we will shout it out loud to any media person who
will listen.

As always, thank you for your support. If you have not read the law
lately, please consider this an invitation to go to
http://www.teleport.com/~omr and link to the OMMA and/or the mmj

Finally, please note that like other herbals, patients will usually need
to educate their doctors on mmj. The mmj biblio would be a good place
to start and I especially recommend downloading and giving one's doctor
the _JAMA_ article by Lester Grinspoon from 1995 because it's relatively
short but still fairly comprehensive.


Rick Bayer, MD, FACP
6800 SW Canyon Drive
Portland, OR 97225
503-292-1035 (voice)
503-297-0754 (fax)



Proposed by the Attorney General's Work Group on Medical Marijuana


A. Ballot Measure 67 provides several ways in which a claim of medical
need may be raised by a person suspected or accused of unlawfully
possessing, manufacturing or delivering marijuana. These are:

1. An "affirmative defense" to a charge of unlawful possession or
production of marijuana, which the defendant would be required to prove
by a preponderance of the evidence (Section 6(1); ORS 161.055(2));

2. A "defense" of choice of evils, which the state would be required to
disprove beyond a reasonable doubt (Section 6(3); 01(5 161.055(1); 01(5
161.190; ORS 161.200) 1; and

3. An "exception" from the criminal laws that prohibit possession,
delivery or production of marijuana and related offenses. This exception
applies to persons who have received a medical use permit from the
Oregon Department of Health or who have a pending application for a
permit. Its apparent intent is to preclude even an arrest or citation.
(Section 4).


1261.200, Choice of evils.

(1) Unless inconsistent with other provisions of chapter 743, Oregon
Laws 1971, defining justifiable use of physical force, or with some
other provision of law, conduct which would otherwise constitute an
offense is justifiable mad not criminal when:

(a) That conduct is necessary as an emergency measure to avoid an
imminent public or private injury; and

(b) The threatened injury is of such gravity that, according to ordinary
standards of intelligence and morality, the desirability and urgency of
avoiding the injury clearly outweigh the desirability of avoiding the
injury sought to be prevented by the statute defining the offense in

(2) The necessity and justifiability of conduct under subsection (I) of
this section shall not rest upon considerations pertaining only to the
morality and advisability of the statute, either in its general
application or with respect to its application to a particular class of
cases arising thereunder.

[end of page] 1

B. The "exception" from the criminal laws, and the permit system upon
which it is based, will not take effect until May 1, 1999. (Section 19).
However, both the "affirmative defense" and the choice of evils
"defense" apply to offenses committed on or after December 3. 1998.
(Section 19). These interim recommendations are addressed to medical use
claims that may arise as either an affirmative defense or a choice of
evils defense in relation to conduct occurring on or between December 3,
1998, and April 30, 1999. They do not discuss the criminal law
"exception" or the medical use permit system.


A. The Need to Make a Presumptive Determination Regarding a Potential
Claim of Medical Use.

Because Ballot Measure 67 prohibits law enforcement officers from
harming, neglecting, injuring or destroying any property connected with
the medical use of marijuana, it places a substantial burden on law
enforcement officers to anticipate potential medical use claims and to
determine their validity in the initial stages of an investigation. If
the district attorney or a court determines that a medical use defense
applies, seized marijuana, and paraphernalia associated with the
production or use of marijuana ("paraphernalia"), must be returned to
the person from whom it was seized. Therefore, before taking any action
that results in the destruction of marijuana or paraphernalia, officers
who are concerned with accommodating those who may have valid claims of
medical use and also minimizing the civil liabilities of governmental
agencies should attempt to establish whether a valid claim of medical
use could be raised.

B. It is strongly recommended that an officer make a presumptive
determination regarding to validity of any actual or potential medical
use claim before making a decision to:

1. Destroy marijuana or paraphernalia;

2. Seize as evidence growing marijuana plants or paraphernalia tat is
likely to deteriorate while in police custody; or

3. Seize property for civil forfeiture.

C. Additionally, although the state is not required to disprove defenses
or affirmative defenses to establish probable cause, 2 it is preferable
that an officer seek evidence


2. The "exception" from the criminal laws for medical use permit holders
and applicants, which takes effect on May 1, 1999, may alter the state's
burden in establishing probable cause.

[page] 2

regarding the validity of a potential medical use claim before making a
decision to:

1. Seek a search warrant;
2. Seek an arrest warrant; or
3. Make a warrantless rest.

D. Presumptive Indications.

In most cases, the following circumstances should constitute sufficient
evidence that any medical use claim subsequently raised could be proven

1. An admission by the individual that the marijuana was not being grown
or used for a medical purpose.

2. Clear evidence that marijuana was being sold by the individual - for
example, a controlled buy, sales observed by an informant

3. Marijuana packaged for sale in commercial quantities combined with other
circumstantial indicia of ongoing sales, such as scales, packaging
materials, records of drug sales or cash.


Each of the following circumstances is strongly indicative that marijuana
use is not for medical use, but these circumstances should be evaluated
in light of the other evidence:

1. A number of plants or a quantity of dried marijuana that
significantly exceeds the quantities described in Section 7(1) of
Ballot Measure 67 (i.e., four immature plants, three mature plants and
up to one ounce of marijuana for each mature plant "if the person is
present at a location at which marijuana is produced", or up to one
ounce of marijuana at other locations);

2. Efforts to divert electrical power for growing marijuana; or

3. History of arrests or convictions for marijuana offenses.

Before basing critical decisions upon information obtained from a
confidential informant, however, carefully evaluate whether taking the
proposed action would later require that the identity of the informant
be disclosed.

[page] 3


A. Seeking Evidence of a Debilitating Medical Condition.4

1. Why is the individual growing or possessing marijuana? (This should
be an open-ended question that does not suggest a specific answer.)

2. If the individual claims medical use:

a. Has the individual submitted documentation to the Oregon Health

b. Has the individual ever been diagnosed with a "debilitating medical
condition"? What condition(s)? When?

c. What is the name of the individual's doctor(s)? How long has the
individual seen the doctor? What is the name and address of the clinic,
hospital or health organization where the doctor is employed? Has the
individual's doctor indicated that marijuana may mitigate the effects of
the individual's condition? If so, does the individual have valid,
written documentation from his or her physician? What were the doctor's
instructions? Will the individual sign a waiver to release his or her
medical records?

d. How long has the individual suffered front the condition? What are
the symptoms for which the individual uses marijuana? Why does the
individual prefer to use marijuana instead of other medical practices?


4 Section 4(i)(b) of the measure requires that an individual have a
"debilitating medical condition" in order to engage in the medical use
of marijuana. Section 3(2) of the measure defines "debilitating medical
condition" as:

(a) Cancer, glaucoma, positive status for human immunodeficiency virus
or acquired immune deficiency syndrome, or treatment of these

(b) A medical condition or treatment for a medical condition that
produces, for a specific patient, one or more of the following:

(i) Cachexia;
(ii) Severe pain;
(iii) Severe nausea;
(iv) Seizures, including but not limited to seizures caused by epilepsy; or
(v) Persistent muscle spasms, including but not limited to spasms
caused by multiple sclerosis; or

(c) Any other medical condition or treatment for a medical condition
adopted by the [health] division by rule or approved by the division
pursuant to a petition submitted pursuant to section 14 of this Act.

[page] 4

e. How much marijuana does the individual use? What volume does the
individual use on a daily, weekly, monthly and yearly basis?

3. Does the individual have a history of arrests or convictions for
marijuana offenses?

B. Seeking Evidence of Sales.

1. Is there evidence that the individual has been engaging in the sale
of marijuana: scales, packaging materials, records of drug sales, cash?

2. Is the size and. sophistication of the grow operation consistent with
personal use? Did the individual divert electrical power?

3. How long has the individual been growing marijuana? (In other words,
has the individual been growing marijuana since before the effective
date of Ballot Measure 67?) Where did the individual obtain his or her

4. Determining the Individual's Financial Resources.

a. Is the individual (or individual's spouse or partner) employed? Wit
whom? How long? What is the individual's (spouse or partner's) monthly
or yearly income from this employment?

b. Does the individual have other sources of income: rental property,
stocks, bonds, legal settlement, inheritance? How much? What is the name
and address of the source? Did the individual declare this income when
filing state and federal tax returns?

c. What are the individual's (or individual's spouse or partner's)
debts? Does the individual (or spouse or partner) own his or her own
borne, vehicle(s) or business? Is the individual's home or business
mortgaged? Does the individual have any other outstanding loans or
debts: car loans, credit cards, judgments, unpaid taxes? What is the
name and address of the individual's lenders and other debtors? What is
the rate of repayment?


In every case, a prudent officer should seek consent from the
appropriate person before destroying marijuana or paraphernalia
associated with the production or use of marijuana. When such consent
cannot be obtained, the officer must decide how to handle marijuana and

[page] 5

paraphernalia that the officer has probable cause to believe it is
contraband or evidence of criminal conduct:

A. When the Officer Has a Presumptive Indication That No Valid Medical
Use Claim Can Be Raised (see discussion above under section II).

Under these circumstances, an officer will usually be justified in
seizing and disposing of marijuana and in seizing and thereafter seeking
a destruction order for paraphernalia. This may include the seizure and
destruction of all marijuana (see discussion above under section II).

B. When the Officer Does Not Have a Presumptive Indication That Any
Claim of Medical Use Would Be Fraudulent.

Each of the following procedures has been suggested and considered, but
the Work Group was unable to arrive at a consensus with respect to any
one of them. It is recommended that each jurisdiction arrive at an
appropriate local policy:

1. Seize only enough small cuttings of marijuana to conduct confirmatory
testing. Document the extent of the grow through photography or
videotaping. Do not harvest or otherwise destroy growing plants and do
not seize or destroy paraphernalia.

2. If there are more growing plants than the number specified in Section
7(1) of Ballot Measure 67 (three mature plants and four immature
plants), harvest all plants in excess of the specified number, but do
not seize or destroy paraphernalia.

3. If there are significantly more growing plants than the number
specified in Section 7(1) of Ballot Measure 67, harvest all growing
plants and seize all paraphernalia (on the assumption that the medical
use defense will not be valid as to any part of the grow).

C. Marijuana Grown on Public Lands or on Private Property Without the
Owner's Consent.

Under these circumstances, an officer usually will be justified in
seizing and disposing of marijuana and in seizing and thereafter seeking
a destruction order for paraphernalia.

[end of page] 6

Statewide Activists Meeting in Eugene 12/12/98 (The Cannabis Liberation
Society in Eugene sponsors a meeting for Oregon marijuana-law
and drug-policy-reform activists, 1-4 pm Saturday at Grower's Market.)

Date: Wed, 09 Dec 1998 07:29:26 -0800
From: Dan Koozer (dkoozer@pond.net)
To: cannabis-patriots-l@teleport.com
Subject: CanPat - Statewide Activists Mtg Eugene 12/12/98
Sender: owner-cannabis-patriots-l@smtp.teleport.com

We are having a second statewide activists meeting at Grower's Market,
454 Willamette, 1p-4p, Sat 12/12/98. The first meeting was in Portland,

We'll be discussing among other things:

The Election results and what they may mean.

What's Next?

Who's watching our backs in Salem?

Forfeiture law reform.

Any questions or opinions you might have.



Dan Koozer, President
Cannabis Liberation Society
PO Box 10957
Eugene, Oregon 97401
Info Line: (541) 349-0633

Free Or DrugFree - America Can't Be Both

Heroic Stand in Court (A list subscriber forwards a successful motion
for dismissal of a marijuana case, filed by an Oregonian who was charged
in Humboldt County, California.)

Date: Wed, 09 Dec 1998 05:07:20 -0800
To: drctalk@drcnet.org
From: American Antiprohibition League (AAL@InetArena.com)
Subject: DPFOR: CnbsCL - Heroic Stand in Court (fwd)
Cc: Dpfor (Dpfor@drugsense.org)
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/

Sounds too good to be true? No name but a case number... Anybody else
got anything on this?


Date: Tue, 8 Dec 1998 20:26:02 -0800 (PST)
From: Charles Stewart (chuck@teleport.com)
To: cannabis-commonlaw-l@teleport.com
Subject: CnbsCL - Heroic Stand in Court (fwd)
Sender: owner-cannabis-commonlaw-l@smtp.teleport.com

---------- Forwarded message ----------
From: "Charles Bruce, Stewart" (chuck@teleport.com)
Subject: BOUNCE cannabis-commonlaw-l@lists.teleport.com: Non-member
submission from [RoadsEnd@aol.com]
Date: Sat, 5 Dec 1998 11:45:31 EST
To: cannabis-commonlaw-l@teleport.com

Yes, indeed. Stand-up for your rights. I just had a Criminal case dismissed,
just before a jury trial. The last gambit of the war of attrition was the
prosecution saying if I waive right my trial by jury and they were ready
to go to trial. Gee, I said No, I do not waive my right. They said come back
tommorrow at 8:30. I came, they dismissed.

Ain't America Grand.

Here is a copy of my motion to dimiss.



Superior Court of California
County of Humboldt

Case No. CR982721M

The People of The State of California.

Motion for Dismissal

Now comes Rxxxxxxxxxn, accused of possesion of 'marijuana' . Mr. Mxxxxxn
has asked the arresting officer, and judges "Quo warranto", meaning by what
right, he was arrested and charged. Mr. Mxxxxxn has never been shown the
authorizing legislatial jurisdiction arising from the State Constitution. Mr.
Mxxxxn has had and does have a long-standing belief in our Federal and State
Constitutions. Mr. Mxxxn has and does believe that there is no legislative
jurisdiction for prohibitory possesional statutes. Marijuana is a plant
given to humankind by Nature's God. There is no legislative jurisdiction
concerning a personal relationship with one of nature's plants. Marijuana may
be regulated. Marijuana may be excise taxed. Marijuana prohibitory laws are
void 'ab initio'.

To make alcohol illegal, which takes a manufacturing process, it took a
constitutional amendment to the US Constitution.

Continuance of this action will further the aggrievment of my civil
liberties as expressed in both our US Constitution and the Constitution of
the State of California, which affirms citizen's standings of unalienable
rights in a republic of limited government powers.

This aggrievment will not be covered-up by 'reticentia' or 'colour of law'.
Mr. Mxxxxxn is a citizen of the State of Oregon, a citizen of the United
States of America and stands upon his common-law heritage and rights and
humbly asks for a dismissal of this case.



Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Roads End

Corruption In The System (The San Mateo County Times
rewrites the recent favorable review of "The Prison-Industrial Complex"
in The Atlantic Monthly, by syndicated columnist Molly Ivins.)

Date: Sun, 13 Dec 1998 14:20:17 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Corruption In The System
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Tom O'Connell, MD
Pubdate: Wed, 9 Dec 1998
Source: San Mateo County Times (CA)
Contact: eangsmc@newschoice.com
Website: http://www.newschoice.com/newspapers/alameda/smct/
Copyright: 1998 by MediaNews Group, Inc. and ANG Newspapers
Columnist: Molly Ivins mollyivins@star-telegram.com
Note: The superb referenced article, which is from the Atlantic Monthly, is
posted, in three parts, at:


In the current issue of `The Atlantic Monthly' is "The Prison-Industrial
Complex," a major investigation of just how out of control and increasingly
corrupt the system is. But in order to understand the mistakes we're making
in responding to the cry for more prisons, you first have to understand why
we think we need them.

Eric Schlosser reports:

"The prison boom in the United States is a recent phenomenon. Throughout
the first three-quarters of this century the nation's incarceration rate
remained relatively stable, at about 110 prison inmates for every 100,000
people. In the mid-1970's the rate began to climb, doubling in the 1980's
and then again in the 1990's. The rate is now 445 per 100,000: among adult
men it is 1,100 per 100,000. During the past two decades roughly a thousand
new prisons and jails have been built in the United States. Nevertheless,
America's prisons are more overcrowded now than when the building spree
began, and the inmate population continues to increase by 50,000 to 80,000
a year."

Among Schlosser's other findings:

* The proportion of offenders being sent to prison each year for violent
crimes has actually fallen during the prison boom. In 1980, about half the
people entering state prison were violent offenders; in 1995, less than a
third had been convicted of violent crime.

* The enormous increase in America's inmate populations is the direct
consequence of the sentences given to nonviolent offenders -- mostly drug
offenders. Crimes that in other countries would lead to community service,
fines or drug treatment (or would not be crimes at all) are punished here
with increasingly long prison terms, the most expensive of all possible

* Since 1991, the rate of violent crime in the United States has fallen by
about 20 percent, while the number of people in prison or jail has risen by
50 percent. This leads to a perfectly circular argument by those in the
prison-industrial complex: If crime is going up, we need to build more
prisons; if crime is going down, it's because we built more prisons -- and
building even more of them will drive the crime rate even lower. (For those
of you who missed Sociology I, the crime rate has dropped because the
crime-committing cohort -- those aged 15 to 24 -- is smaller;
unfortunately, it's about to go up again, and so will the crime rate.)

* About 70 percent of prison inmates are illiterate. About 200,000 of the 2
million incarcerated are seriously mentally ill. Sixty to 80 percent of
prisoners have a long history of substance abuse. The number of drug
treatment slots available in U.S. prisons has declined by more than one
half since 1993. Drug treatment is now available to just one in 10 inmates
who needs it.

* Among those arrested for violent crimes, the proportion of African-
Americans has changed little during the past 20 years; among those arrested
for drug crimes, the proportion who are African-American has tripled.

* The number of women sentenced to prison has increased 12 times since
1970; of the 80,000 women now in prison, about 70 percent are nonviolent
offenders. About 75 percent have children.

Schlosser's crucial findings are that the prison-industrial complex is a
set of bureaucratic, political and economic interests that encourage
increased spending on prisons, regardless of actual need. "It is not a
conspiracy, it is a confluence of special interests . . . politicians, both
liberal and conservative, who have used fear of crime to gain votes;
impoverished rural areas where prisons have become a cornerstone of
economic development; private companies that regard the roughly $35 billion
spent each year on corrections not as a burden on American taxpayers but as
a lucrative market; and government officials whose fiefdoms have expanded
along with the inmate population. . . . The prison-industrial complex
includes some of the nation's largest architectural and construction firms,
Wall Street investment banks and companies that sell everything from
security cameras to padded cells available in a `vast color selection.' "

Perhaps the most alarming conclusion is that the prison-industrial complex
is not just a set of interest groups and institutions. "It is also a state
of mind. The lure of big money is corrupting the nation's criminal-justice
system, replacing notions of public service with a drive for higher
profits. The eagerness of elected officials to pass `tough-on-crime'
legislation -- combined with their unwillingness to disclose the true costs
of these laws -- has encouraged all kinds of financial improprieties."

S. Texas sheriff arrested for theft - He's accused of taking drug money
(An Associated Press article in The Dallas Morning News says Frio County
Sheriff Carl Henry Burris was arrested Tuesday on charges that he stole
nearly $12,000 in drug money and tried to replace it by selling marijuana.)

From: adbryan@ONRAMP.NET
Date: Wed, 9 Dec 1998 08:20:01 -0600 (CST)
Subject: ART: S. Texas sheriff arrested for theft
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org

Another one for the drug corruption files.

Dallas Morning News

S. Texas sheriff arrested for theft
He's accused of taking drug money


Associated Press

SAN ANTONIO - Frio County Sheriff Carl Henry Burris was arrested Tuesday
on charges that he stole nearly $12,000 in drug money and tried to
replace it by selling marijuana.

The charges stem from an investigation that started in 1996 when Sheriff
Burris' former deputy and political rival Kenneth Zunker approached
authorities, according to a detailed FBI affidavit.

Mr. Zunker, a former Frio County deputy who made an unsuccessful bid for
Sheriff Burris' post in 1996, alleged that his former boss stole $11,726
from suspected drug dealers in 1994.

"According to Deputy Zunker, Burris took a three-week vacation to
Florida beginning the week following the seizure," the affidavit states.

Sheriff Burris, who has been sheriff since 1992, also was accused of
trying to replace the money by trying to sell 62 pounds of confiscated

The marijuana, the affidavit states, still carried the label indicating
it came from a 1994 Frio County bust by Texas Department of Public
Safety officers.

The buyer turned out to be an FBI informant.

A bond hearing was scheduled Wednesday for Sheriff Burris, 51, who was
ordered Tuesday to undergo mental tests.

If convicted of the charges, Sheriff Burris could be fined and
imprisoned up to 15 years.

Frio County is about an hour south of San Antonio.

FBI Arrests South Texas Sheriff (The UPI version)

Date: Wed, 9 Dec 1998 21:26:04 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US TX: Wire: FBI Arrests South Texas Sheriff
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: 9 Dec 1998
Source: United Press International
Copyright: 1998 United Press International


SAN ANTONIO, Dec. 8 (UPI) - The FBI has arrested Frio County Sheriff Carl
Burris on public corruption charges.

Special agent Roderick Beverly said today the 51-year-old Burris is accused
of taking $11,000 from suspected drug dealers who were pulled over in Frio
County in 1994.

Beverly says that when Burris learned the FBI was onto him, he stole 62
pounds of marijuana from the evidence room at the sheriff's office and gave
it to a ``cooperative witness.''

Burris allegedly told the witness to sell the marijuana and bring him the
money so he could replace the missing $11,000.

Beverly says Burris could get 15 years in prison if convicted of the public
corruption charge.

No other Frio County officers are suspected in the case. Frio County is
southwest of San Antonio.

Heroin bust largest in state history (The Associated Press
says a 23-year-old New Jersey woman was arrested Wednesday
with about $250,000 worth of heroin in the largest such bust
in New Hampshire's history. Evelyn Abreu faces life in prison.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: Another biggest heroin bust ever in NH
Date: Wed, 9 Dec 1998 20:37:21 -0800
Sender: owner-when@hemp.net

Heroin bust largest in state history
By Holly Bedard, Associated Press, 12/09/98 19:21

CONCORD, N.H. (AP) - A New Jersey woman was arrested in the largest heroin
bust in New Hampshire's history, the attorney general said Wednesday.

Evelyn Abreu, 23, of Perth Amboy, N.J., was arrested without incident as she
was bringing about $250,000 worth of heroin into the state from the New
York-New Jersey area, and charged with selling six ounces of heroin,
Attorney General Philip McLaughlin said at a news conference.

Abreu was arraigned Wednesday morning in Nashua District Court and could
face life in prison, if convicted.

The heroin was wrapped with latex into shotgun shell-sized capsules, which
were then dipped into wax. The drugs could then be swallowed and excreted.
Authorities seized 15 capsules, authorities said.

The bust followed a 14-month undercover investigation in which authorities
said they also seized 4 pounds of cocaine, valued at $235,000; six pounds of
marijuana, valued at $12,000; several vehicles; a Manchester fishing
business; and $25,000 in cash.

Senior Assistant Attorney General Mark Zuckerman, chief of the Criminal
Justice Bureau, said the seizure significantly will reduce the availability
of heroin in New Hampshire.

McLaughlin used the news conference to warn drug dealers.

``The person you sell to may work for me. The person with whom you partner
and think is your business associate may work for me. If not today, then
tomorrow. Think of that when you try to ply your trade,'' he said.

Involved in the investigation were the attorney general's Drug Task Force,
the U.S. Drug Enforcement Administration, and the Manchester and Nashua
police departments.

The Drug War's Political Climate (An op-ed in The Hartford Courant
by a co-founder of the NORML chapter at Western Connecticut State University
in Danbury says the most damaging aspect of the drug war political climate,
and the one most in need of change, is not the ignoring of evidence,
but the demonization of those who express dissent. The United States
is one of the worst offenders in this category.)

Date: Wed, 9 Dec 1998 20:47:55 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CT: PUB OPED: The Drug War's Political Climate
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Tom Von Deck
Pubdate: Wed, 09 Dec 1998
Source: Hartford Courant (CT)
Contact: letters@courant.com
Website: http://www.courant.com/
Copyright: 1998 The Hartford Courant
Author: Tom Von Deck
Note: Tom Von Deck is the Co-founder of a chapter of the National
Organization for the Reform of Marijuana Laws at Western Connecticut State
University in Danbury, where he is a senior majoring in mathematics.
Note: In the center in large bold print: "Research is generally ignored in
favor of moral arguments and political posturing"


While members of the marijuana reform movement as well as drug policy
activists may disagree on what types of reform are needed, we all agree on
two issues: opposition to our current all-out war on some drugs and the
people who they are associated with, and the need for an open evaluation of
our current policies that is free of moral demonization.

The former will not be commented on in this writing. However, the latter
issue needs to be addressed in order to open the door for those who are
afraid to express dissent.

A number of major studies of drug policy have been released by government
appointed as well as independent commissions in Canada, the United States,
Australia, the Netherlands, England, and many other places, including

None of these studies support what we're currently doing with our policies.
The Connecticut Law Revision Commission recommended a variety of reforms
last year, including decriminalization of marijuana possession, and some of
these recommendations were followed by legislation.

However, a positive response to such studies is the exception rather than
the rule.

Drug policy is one of the areas of public policy where research is
generally ignored in favor of moral arguments and political posturing.

President Nixon appointed a commission on marijuana, chaired by former
Pennsylvania Governor Raymond Shafer. When the study was completed and the
policy recommendations were released, the President didn't like what he
saw. So he ensured that the media pay no attention to it. They ignored it.
Since then, the federal government has refused requests for such studies.

The most damaging aspect of the drug war political climate, however, is not
the ignoring of evidence, but the demonization of all who express dissent.
After reading numerous newspaper articles from around the world on these
issues, I can safely conclude that the United States is one of the worst
offenders in this category.

A few years ago, Surgeon General Jocelyn Elders was fired for responding to
a question, saying that legalization should be studied. It was not even for
supporting legalization, but for advocating a study.

That's not all. Advocates of medical marijuana are daily being accused of
being leftover flower children or "drug users" whose sole agenda is to
"legalize all drugs" using a "trojan horse" disguised as medical use.

All who oppose the prosecution of those who find marijuana to be their only
hope are accused of using the sick and dying merely as an excuse to further
this "sinister" agenda. The accusers ignore the fact that the organizations
that have been pushing the recent wave of marijuana related voter
legislation initiatives are generally being run by doctors and AIDS patients.

There is currently a strong need to break the taboo and the stigma that
drug war critics must contend with every day.

The Lindesmith center, a drug policy think tank, recognized this reality
when they purchased two pages of ad space in the New York Times for an open
letter to U.N. Secretary General Kofi Annan. The letter appeared last June
on the first day of the United Nations special session on drug control.

It asked Annan to take the lead in "stimulating a frank and honest
evaluation of global drug control efforts". Among the 500 prominant
signatories: Former U.N. Secretary-General Javier Perez de Cuellar, former
republican US Secretary of State George Schultz, and Walter Cronkite, as
well as health professionals, Nobel Laureates, and members of the criminal
justice system.

It was hoped that the credentials and titles of the signatories would add
some credibility to the argument and destroy the stereotypes. This goal was
achieved in part, but not without an explosion.

The letter sparked a world wide editorial debate in most major publications
and drew intense opposition from many public officials. A Wall Street
Journal editorial suggested that the signatories were bamboozled by the
"legalization" conspiracy, and that "the future of the debate would profit
if all of these people stated publicly whether they themselves use any of
these drugs recreationally"

One of the signers, Nobel-Prize winning economist and former Wall street
Journal columnist Milton Friedman, responded to this point in a published
letter saying "As for myself, I have not done so during the past 85-plus
years. But I make no guarantees for the future".

A.M. Rosenthal from the New York Times also wrote a damning article
claiming that the signatories were "legalizers" camouflaging their secret
sinister agenda to "legalize" drugs (whatever that means).

Retired General Barry McCaffrey, Clinton's drug czar, testified before
congress saying that "There is a carefully camouflaged, exorbitantly
funded, well-heeled, elitist group whose ultimate goal is to legalize drug
use in the United States" and "Through a slick misinformation campaign,
they perpetuated a fraud on the American people...so devious that even some
of the nation's most respected newspapers and sophisticated media are
capable of echoing their falsehoods".

The United Nations is now planning to draft international legislation that
would criminalize opposition to the drug war (Let's see the Land of the
Free get away with that one).

In summary, don't let anyone tell you that the war on drugs is only a
metaphor. It's a war. Just remember the words of James Reston: "...In any
war, the first casualty is common sense, and the second is free and open

Two officers suspended in separate incidents (The Associated Press
says two New York City police officers were suspended without pay Wednesday -
one for allegedly shooting his wife and the other for charges stemming
from a drunk driving accident that killed his girlfriend. Both officers
were off-duty at the time and are suspended for a maximum of 30 days.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: How can suck people become NYC cops?
Date: Wed, 9 Dec 1998 20:39:12 -0800
Sender: owner-when@hemp.net

Two officers suspended in separate incidents

By Donna De La Cruz
Associated Press
12/09/98 17:55

NEW YORK (AP) - Two city officers were suspended without pay Wednesday - one
for allegedly shooting his wife and the other for charges stemming from a
drunk driving accident that killed his girlfriend.

Both officers were off-duty at the time and are suspended for a maximum of
30 days.

Officer Anthony Tamburro, 31, was arrested Wednesday after he allegedly shot
his wife in the face at their Coram, Long Island, home at 4:30 a.m., said
Detective Lt. Gregory McVeigh of the Suffolk County Police Department.

The couple's two children were asleep at the time of the shooting and were
not hurt. Police were investigating the motive for the shooting.

Tamburro, on the force nearly seven years, left after the shooting for his 8
a.m. to 4 p.m. shift at the Central Park Precinct.

Elizabeth Tamburro, 32, was able to call police and give them a description
of her husband and the car he was driving. Police found his car at the
Ronkonkoma train station and went to the Deer Park Station further down the
line and arrested him on the train, McVeigh said.

Tamburro is in police custody and was to be arraigned Thursday.

Mrs. Tamburro was shot in the jaw and was listed in stable condition at
University Medical Center, Stony Brook.

Tamburro has a history of domestic violence in Suffolk County, but police
did not give specific details. He called police in March saying his wife
threw a rag at him during an argument.

Also suspended was Officer Michael Browne Jr., who marked his one-year
anniversary on the force Tuesday. Browne, of Whitestone, was driving on Cozy
Lake Road in Jefferson Township, N.J., when he failed to negotiate a curve
and lost control of his 1989 Nissan Pickup at 3:16 a.m. Wednesday, said
Officer Eric Wilsusen of Jefferson Township.

Browne's car then struck a tree, but the 24-year-old fled on foot before
police arrived on the scene, Wilsusen said. The Morris County Sheriff's K-9
Unit was brought in and Browne was located nearby in a wooded area.

Maura Bronson, Browne's girlfriend, was pronounced dead at the scene. The
23-year-old resident of Jefferson Township was the only passenger.

Browne, assigned to Manhattan's 13th Precinct, was treated at Dover General
Hospital for minor injuries. He is charged with vehicular homicide,
obstructing justice, driving while intoxicated, leaving the scene of an
accident and illegal possession of a weapon - he had a 12-inch hunting knife
on him when police found him in the woods, Wilsusen said.

Browne threatened to kill the dogs and himself with the knife, but was
apprehended safely, Wilsusen said. A judge set bail at $20,000 - cash or
property bond. Browne remained in police custody Wednesday and underwent a
mandatory psychological evaluation, Wilsusen said.


When away, you can STOP and RESTART W.H.E.N.'s news clippings by sending an
e-mail to majordomo@hemp.net. Ignore the Subject: line. In the body put
"unsubscribe when" to STOP. To RESTART, put "subscribe when" in the e-mail
instead (No quotation marks.)

Press Clips - Joint Effort (The Village Voice, in New York,
paints an ugly portrait of media hacks who crashed an election-night
party in Washington, DC, sponsored by the Marijuana Policy Project,
and pestered guests for marijuana.)

Date: Thu, 10 Dec 1998 18:08:11 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: MMJ: Column: Press Clips: Joint Effort
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: kevzeese@laser.net
Pubdate: 9 - 15 Dec 1998
Source: Village Voice (NY)
Contact: editor@villagevoice.com
Website: http://www.villagevoice.com/
Copyright: 1998 VV Publishing Corporation
Columnist: Press Clips by cynthia cotts
Note: The Weekly Standard website is at http://www.weeklystandard.com/ and
their email address is editor@weeklystandard.com


Matt Labash, a staff writer for the conservative magazine The Weekly
Standard, has made it a trademark of his journalism to infiltrate left-wing
gatherings and ridicule them. So when Labash received an invitation to an
election-night party for medical marijuana supporters, he couldn't resist.
He called the Marijuana Policy Project, the D.C.-based lobbying group that
was hosting the party, and talked to MPP director of communications Chuck

"Will we see people smoking pot there?" asked Labash.

"No one will be smoking pot," Thomas recalls telling him, "but we can
introduce you to patients who use it for medical purposes, if you need a

The night of November 3, some 200 people attended the MPP party at Food for
Thought, a bar-restaurant near Dupont Circle. The mood was festive, as exit
polls were indicating strong voter support for medical marijuana referenda
in Washington, D.C., and several states. Around 11:30, as party goers were
drinking, dancing, and watching election returns on TV, Labash arrived with
David Bass, the deputy publisher of The Weekly Standard, and ordered a
couple of beers.

MPP volunteer Whitney Painter approached the two men, who stood out with
their slicked hair and suits. After a few minutes, she says, she realized
"they were on a mission. All they wanted to know was, could I buy pot for
them, did someone there have some, how much did I smoke. I said, 'You're
not going to find any marijuana here. That's not what this is about. It's
about sick people going to prison."'

Painter steered Bass and Labash to Chuck Thomas, whose account of the
interview follows. One of the two said, "You said there would be people
with pot here. How can we go about getting some?"

Thomas explained that the law had not yet gone into effect, but that when
it did, marijuana would be available to people who were seriously ill and
had a doctor's recommendation.

One of the reporters said, "But we listen to Cypress Hill! We watch Cheech
and Chong! How can we get some pot?"

Thomas answered, "If you have concerns about medical marijuana, tell me
what they are, and I'll try to address them."

Then Labash said, "Dave likes to smoke pot," upon which Bass gave Labash a
stern look. Labash said, "But Dave, you've smoked in front of me." Labash
was probably joking, but Thomas did not like being mocked. "I've done
hundreds of interviews," he says, "and this was the weirdest ever. They
were asking tabloid-quality questions, really just fishing and not catching

After midnight, the two journalists continued to buttonhole party goers.
After about 10 people complained to MPP executive director Robert Kampia
that they were being asked for pot, he decided to put an end to it. His
account follows. Kampia walked up to Bass and Labash mid interview, saying,
"Have you asked anyone here for marijuana, in any way, shape, or form?"

"No," said one.

"Sort of," said the other.

"That's it!" Kampia said. "You're out of here!"

"We're the media," said one. "You can't tell us to leave!"

According to one observer, David Bass puffed up his chest and joked that he
was a marine. Then a rumble broke out, as Kampia grabbed Bass by the lapels
and pushed him. "His beer went flying, his friend lunged at me, and all
kinds of Marijuana Policy Project people dived in the middle," recalls
Kampia. When the dust cleared, the two reporters were gone.

Thomas and Kampia are still fuming about the incident, which they recounted
to the Washington Post, to no avail. "It didn't occur to them that any of
us could be sincere," says Kampia. "They were sure this was a facade so we
could deal drugs in the back room, rather than a legitimate political issue."

Labash calls the story ludicrous. "I may have jokingly inquired about the
propensity of medical marijuana activists to use marijuana at their medical
marijuana party, but in absolutely no way did I attempt to procure
marijuana, medical or otherwise," he says. The November 16 Weekly Standard
ran a series of election-night vignettes, but not a word about the party at
Food for Thought.

Get the Guest? The Supreme Court Protects Some Visitors From Searches
(A staff editorial in The Pittsburgh Post-Gazette comments on the
U.S. Supreme Court's decision that the Fourth Amendment protection
against unreasonable searches don't always cover short-term visitors to a
private residence. Justice Anthony Kennedy, who contributed a fifth vote to
the ruling, wrote that the majority opinion is "consistent with my view that
almost all social guests have protection against unreasonable searches, in
their host's home." The "almost all" qualification invites police to test the

Newshawk: General Pulaski
Pubdate: Thu, 09 Dec 1998
Source: Pittsburgh Post-Gazette (PA)
Contact: letters@post-gazette.com
Website: http://www.post-gazette.com/
Copyright: 1998 PG Publishing.


If a man's home is his castle for purposes of warding off unreasonable police
searches, what about the "castle's" guests?

Overnight guests long have enjoyed the same privacy protections as homeowners
under the Fourth Amendment to the Constitution. Now the U.S. Supreme Court
has concluded that protections against unreasonable searches also cover some
visitors who don't sleep over.

Some, but not all. In a recent ruling in a Minnesota case, a majority of
Supreme Court justices endorsed the view that, even if most casual visitors
to a house enjoy privacy protections, some visitors have too "fleeting" a
connection with the premises to be protected against unreasonable police

The ruling upheld the convictions of two cocaine dealers who were arrested
after a police officer spotted them and a woman placing a white substance in
plastic bags when the officer peeked through the closed blinds of her

The decision was complex, with various justices agreeing and disagreeing on
separate aspects of the case. Chief Justice William Rehnquist's majority
opinion upholding the convictions held that "an overnight guest in a home may
claim the protection of the Fourth Amendment, but one who is merely present
with the consent of the householder may not."

But Justice Anthony Kennedy, contributing a fifth vote to the chief justice's
opinion, explained separately that the majority opinion is "consistent with
my view that almost all social guests have protection against unreasonable
searches, in their host's home."

The "almost all" qualification invites police to test the limits. It would
have been better if the court had ruled clearly that all individuals welcomed
to a house - guest, neighbor or pizza delivery person - shares the privacy
protections accorded their hosts.

That doesn't mean the police couldn't investigate criminal activity that goes
on behind the closed doors of a family home; it does mean that they would
have to proceed with probable cause.

D.C. Fires 19 School Bus Drivers (An Associated Press article
in The Las Vegas Sun says District of Columbia school officials
discovered some of the school-bus drivers had drunken-driving convictions
or had tested positive for "drug" use. Three administrative clerks
were also dismissed for tampering with bus driver records.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: D.C. Fires 19 School Bus Drivers
Date: Fri, 11 Dec 1998 19:18:20 -0800
Sender: owner-when@hemp.net
Newshawk: ccross@november.org
Source: Las Vegas SUN
Pubdate: December 09, 1998

D.C. Fires 19 School Bus Drivers

WASHINGTON (AP) -- Nineteen bus drivers who transport special education
students in the District of Columbia have been fired after school officials
discovered some of them have drunken-driving convictions or have tested
positive for drug use.

School officials said Wednesday they expect more drivers to be fired in the
weeks to come as the FBI completes background checks on the rest of the bus

Three administrative clerks also were dismissed for tampering with bus
driver records. School spokeswoman Denise Tann would not reveal the identity
of the employees, but said the 19 drivers were employed by a contractor
hired to oversee bus operations.

District School Superintendent Arlene Ackerman has asked the FBI to conduct
background checks on all drivers, which include 200 employed by an outside
firm and 100 employed by the school district.

The 19 fired drivers had drunken-driving convictions, had tested positive
for drug-use, lacked valid commercial driver's license or had committed
other offenses that could be harmful to the safety of the children,
officials said.

The district provides bus service primarily for several thousand special
education students to schools throughout the area.

Concerns were raised in October when six drivers were dismissed for failing
drug tests, and a clerk in the safety and training office was fired for
covering up those test results. Last week, school officials ordered bus
drivers to undergo immediate drug testing.

New FDA Chief Vows To Put Science First (The Orange County Register
says Dr. Jane Henney of the US Food and Drug Administration was responding
Tuesday to criticism that the agency was too easily influenced by pressure
from the pharmaceutical industry.)
Link to earlier story
Date: Wed, 9 Dec 1998 16:31:00 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: New FDA Chief Vows To Put Science First Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John W. Black Source: Orange County Register (CA) Contact: letters@link.freedom.com Website: http://www.ocregister.com/ Copyright: 1998 The Orange County Register Pubdate: 9 Dec 1998 NEW FDA CHIEF VOWS TO PUT SCIENCE FIRST The new director of the U.S. Food and Drug Administration, Dr. Jane Henney, promised Tuesday to strengthen the science base of an agency criticized in recent years for bowing to industry pressure. The cancer specialist, speaking publicly for the first time since taking over as head of the FDA, promised to put the agency at the "top of the science game." "I believe that the discipline of science and a scientific approach must ground our decision-making." she told an audience that included several hundred FDA medical officers at the agency's annual science forum in Washington. "We must apply scientific principles to product reviews." she added. From Register news services

Effective Medical Treatment Of Opiate Addiction (The Journal
of the American Medical Association describes how a panel of medical experts
was created to reach consensus on how best to provide effective medical
treatment for opiate addiction. The objective was to provide clinicians,
patients, and the general public with a responsible assessment of the
effective approaches to treat opiate dependence. The panel concluded that
opiate dependence is a brain-related medical disorder that can be effectively
treated, with significant benefits for the patient and society. The panel
also concluded society must make a commitment to offer effective treatment -
including methadone - for all who need it - and the law should be changed
so doctors can prescribe methadone more widely.)

Date: Wed, 9 Dec 1998 19:55:22 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: JAMA: Effective Medical Treatment Of Opiate Addiction
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: hadorn@dnai.com (David Hadorn)
Pubdate: Wed, 9 Dec 1998
Source: Journal of the American Medical Association (US)
Contact: JAMA-letters@ama-assn.org
Website: http://www.ama-assn.org/public/journals/jama/
Copyright: 1998 American Medical Association.
Abstracts - December 9, 1998


National Consensus Development Panel on Effective Medical Treatment of
Opiate Addiction

Objective.--To provide clinicians, patients, and the general public with a
responsible assessment of the effective approaches to treat opiate

Participants.--A nonfederal, nonadvocate, 12-member panel representing the
fields of psychology, psychiatry, behavioral medicine, family medicine, drug
abuse, epidemiology, and the public. In addition, 25 experts from these same
fields presented data to the panel and a conference audience of 600.

Presentations and discussions were divided into 3 phases over 2=BD days: (1)
presentations by investigators working in the areas relevant to the
consensus questions during a 2-day public session; (2) questions and
statements from conference attendees during open discussion periods that are
part of the public session; and (3) closed deliberations by the panel during
the remainder of the second day and morning of a third day. The conference
was organized and supported by the Office of Medical Applications of
Research, National Institutes of Health.

Evidence.--The literature was searched through MEDLINE and other National
Library of Medicine and online databases from January 1994 through September
1997 and an extensive bibliography of 941 references was provided to the
panel and the conference audience. Experts prepared abstracts for their
presentations as speakers at the conference with relevant citations from the
literature. Scientific evidence was given precedence over clinical anecdotal

Consensus Process.--The panel, answering predefined questions, developed its
conclusions based on the scientific evidence presented in open forum and the
scientific literature. The panel composed a draft statement that was read in
its entirety and circulated to the experts and the audience for comment.
Thereafter, the panel resolved conflicting recommendations and released a
revised statement at the end of the conference. The panel finalized the
revisions within a few weeks after the conference. The draft statement was
made available on the World Wide Web immediately following its release at
the conference and was updated with the panel's final revisions.

Conclusions.-- Opiate dependence is a brain-related medical disorder that
can be effectively treated with significant benefits for the patient and
society, and society must make a commitment to offer effective treatment for
opiate dependence to all who need it. All persons dependent on opiates
should have access to methadone hydrochloride maintenance therapy under
legal supervision, and the US Office of National Drug Control Policy and the
US Department of Justice should take the necessary steps to implement this
recommendation. There is a need for improved training for physicians and
other health care professionals. Training to determine diagnosis and
treatment of opiate dependence should also be improved in medical schools.
The unnecessary regulations of methadone maintenance therapy and other
long-acting opiate agonist treatment programs should be reduced, and
coverage for these programs should be a required benefit in public and
private insurance programs.

JAMA. 1998;280:1936-1943

Sparks Fly at Hemp Shop Hearing (The Vancouver Sun
describes the city council hearing yesterday in Vancouver, British Columbia,
where municipal officials and lawyers tried to deny a business license
for Hemp BC.)

From: creator@drugsense.org (Cannabis Culture)
To: cclist@drugsense.org
Subject: CC: HempBC Hearing at City Hall
Date: Fri, 11 Dec 1998 22:58:56 -0800
Lines: 176
Sender: creator@drugsense.org
Reply-To: creator@drugsense.org
Organization: Cannabis Culture (http://www.cannabisculture.com/)

Vancouver Sun


Wednesday, December 9, 1998

Sparks Fly at Hemp Shop Hearing

By Shane McCune

Charges of broken promises and bad faith flew yesterday as Vancouver
city council began its much delayed show-cause hearing into the
Cannabis Cafe and Hemp BC.

Council is to decide whether it will deny a business licence to the

As the hearing opened, Brent Lokash and Jim Millar, lawyers for shop
owner Shelley Francis, were outraged to learn that city lawyers had
prepared each councillor with a binder that included evidence police
are to give in Francis' criminal trial on drug-paraphernalia charges.

The binders contained reams of evidence referring to Marc Emery, who
sold the two Hastings Street shops to Francis (aka Sister Icee) last

Last month, Francis' lawyers negotiated a deal with George Macintosh, a
high-profile lawyer retained by the city.

Francis agreed to drop a court petition against the show-cause hearing,
and the city agreed not to raise allegations of Criminal Code

But as city lawyer John Nelson questioned licensing inspector Paul
Teichroeb about his refusal to grant Francis a business licence, many
of Teichroeb's answers were based on police testimony alleging
marijuana consumption on the premises.

"It seems the material presented to council refers to [the Criminal
Code section dealing with drug paraphernalia] extensively," Millar

"We raise a concern that Ms Francis' ability to get a fair trial is
being interfered with."

"Your objection is noted," said Deputy Mayor George Puil, who then
ordered the hearing to proceed.

Puil chaired the hearing because Mayor Philip Owen - who said last
summer Emery's business would be "toast" by September - had removed
himself from the proceedings.

"This should not be before council," Millar said, his voice rising.
"This should have been taken out of the binders. This proceeding should
be adjourned."

When Millar asked for a short break to consider withdrawing from the
hearing, Nelson reminded him, "We have an agreement," prompting
sarcastic laughter in the gallery.

Adjourning the hearing at noon, Puil ordered it to reconvene tomorrow,
drawing protests from Millar, Lokash and Councilor Nancy Chiavario, all
of whom said city staff had agreed the hearing would resume Jan 26.

Jonathan Baker, a former councillor who heads Lokash's law firm, said:
"The procedure is so out to lunch that I don't know what to say. It
appears one cannot make deals with you. "

City Hearing about Cannabis Cafe turns into Kangaroo Court (Vancouver Sun
columnist Ian Mulgrew says the city council hearing Tuesday in Vancouver,
British Columbia, regarding Hemp BC's business license turned into
a farcical kangaroo court.)

From: creator@drugsense.org (Cannabis Culture)
To: cclist@drugsense.org
Subject: CC: HempBC Hearing at City Hall
Date: Fri, 11 Dec 1998 22:58:56 -0800
Lines: 176
Sender: creator@drugsense.org
Reply-To: creator@drugsense.org
Organization: Cannabis Culture (http://www.cannabisculture.com/)

City Hearing about Cannabis Cafe turns into Kangaroo Court

Vancouver Sun


Wednesday, Dec 9, 1998

By Ian Mulgrew

Vancouver city council's war against those who would make the city into
an Amsterdam on the Pacific, particularly the owners of the Cannabis
Cafe, turned into farce Tuesday.

Councillor George Puil, who was filling in for Mayor Philip Owen
(absent because of foot-in-mouth disease), and city lawyer John Nelson
turned what was ostensibly a hearing to determine if the cafe should
get a business licence into a kangaroo court.

Even two of his fellow councillors were astounded at the travesty that

"Out to lunch," said Nancy Chiavario.

"Ridiculous," muttered Alan Herber.

The 20 or so spectators hurled worse epithets after a three-hour
display of municipal hubris.

At issue was the city's refusal to grant a 1998 business licence to
Shelley Francis, who operates Sister Icee's Hemp BC and Cannabis Cafe
at 307 West Hastings Street.

These establishments were formerly owned by Marc Emery, who was a thorn
in the side of Owen and the police department because of his
pro-marijuana activism. (Owen wasn't in the chair or even present
because comments he made to a reporter forced him to remove himself
from the hearing because of the appearance of bias.)

Rather than cleaning up the crack dealers at Main and Hastings, police
chose to devote the time of undercover police officers to target
against Emery, whose upscale, trendy operations offered coffees,
snacks, hemp products and the illicit herb.

Faced with criminal charges and continuing police harassment, Emery
sold his businesses to Francis. Although she signed an agreement with
the city promising not to sell, promote, or facilitate the sale of
marijuana and has met the necessary requirements for a business permit,
Francis finds herself being persecuted, too.

City staff, for instance, hired an auditor to check whether she was
paying GST or PST, even though those taxes are completely outside
municipal jurisdiction.

When the business licence hearing was originally scheduled - so staff
could justify their egregious behaviour and Francis could make her case
- she found herself being damned by evidence gathered in a criminal
case, launched against her for selling drug paraphernalia such as pipes
and rolling papers.

Francis has not been convicted of any offence in the last five years
and she has not faced trial yet for breaching a section of the criminal
code whose constitutionality is greatly in doubt. As a result, her
lawyers asked BC Supreme Court to prevent council from jeopardizing her
right to a fair trial by airing evidence related to the questionable

An agreement was reached whereby Francis agreed to withdraw her
application for an injunction in exchange for the city focusing its
case on specific licensing concerns.

No sooner had Tuesday's hearing begun than it was evident Nelson had no
intention of abiding by the spirit of that agreement. "We are relying
on a literal interpretation of the agreement," he said smugly.

In his presentation, Nelson spent his time documenting Emery's
transgressions and referring councillors to the very police material
that is before the courts.

"The agreement we had with the city is being totally violated," said
ex-councillor Jonathan Baker, one of Francis' lawyers.

The constant objections by her lawyers at the way the hearing was being
conducted were mocked by Chairman Puil's pithy: "Noted."

When he couldn't finish the hearing Tuesday, Puil arbitrarily decided
it would reconvene Thursday.

Although lawyers for Francis and the city had agreed it would be put
over until the New Year, and although councillors were advised by the
clerk's office that it would be put over, Puil waved their complaints
aside. If it isn't finished on Thursday, he said he'd hold hearings on
Christmas Day and he didn't care who could come.


Ridiculous. Out to lunch. Couldn't have said it better myself.

Note to Readers: Marc Emery never sold marijuana at his Cannabis Cafe
nor at Hemp BC, although he did and still does sell some of the best
seeds available anywhere. He can be reached for seed orders at (604)

Dan Loehndorf
Assistant Editor
Cannabis Culture Magazine


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Parents want strip-search teachers gone (A Canadian Press article
in The Halifax Daily News, in Nova Scotia, says the board of education
in Kingsville, Ontario, has asked the vice-principal and teacher who led
the humiliating strip search of 19 Grade 9 students to leave Kingsville
district high school and work at home until the board decides what else
to do. Parents say they don't want the pair back - ever.)
Link to earlier story
From: creator@islandnet.com (Matt Elrod) To: mattalk@listserv.islandnet.com Subject: Parents want strip-search teachers gone Date: Wed, 09 Dec 1998 07:57:09 -0800 Lines: 97 Newshawk: creator@mapinc.org Source: Halifax Daily News (Canada) Contact: letterstoeditor@hfxnews.southam.ca Pubdate: Wednesday, December 9, 1998 Parents want strip-search teachers gone KINGSVILLE, Ont. (CP) - The vice-principal who participated in the humiliating strip search of 19 Grade 9 students is said to admit he made a mistake. A board of education official also told a news conference in this southwestern Ontario community yesterday John MacDonald is devastated by his role in the incident. Both MacDonald and phys-ed teacher Dan Bondy have been asked to leave Kingsville district high and are working at home until the board decides what else to do. "It's inappropriate to discuss what action we might take at this point," said the board's Val Pistor. "That will come as a result of discussions with the trustees." Last Friday, the boys were taken one at a time into an office, ordered to remove their pants, then told to bend over as Bondy and MacDonald searched for missing money. Parents say they don't want the pair back - ever. "I want them out of there and hope they'll be dismissed," said the mother of one of the boys, a 13-year-old. A father whose 14-year-old son came home in tears because of the incident said the two men should not be allowed in any school in the Windsor, Ont., area. "How would you like to know that they're going to be involved with your child," he said. "They were the cause of those boys paying a price they didn't deserve to pay." The father also said whatever disciplinary action is taken by the board had better meet the approval of the parents. "The people in charge should not underestimate the power and anger of the parents." Some parents are considering legal action if measures taken by the board amount to a slap on the wrist. "I'm just waiting to see what the outcome will be before I decide to take further action," said another father whose voice shook with emotion as he talked about the incident and its effect on his 14-year-old son and the rest of the family. The parents were joined in their rage by one of Ontario's best-known dads. "I can tell you as a parent, I find it repulsive," Premier Mike Harris, whose boys are seven and 13, said at the legislature. "I personally think back to teenage years and Grade 9 and the challenges of puberty and of a very sensitive age and I can't imagine that there is a teacher or vice-principal anywhere in Ontario that would have been party to anything like this. "I find it abhorrent." At the school yesterday, administrators refused to give students late slips, which would have allowed them to miss the start of class so they could be interviewed by reporters hovering off school grounds. Older students, who say they pity the younger boys, tried to organize their second protest in two days, pulling the fire alarm and running through school halls in an effort to incite a walkout. "Everybody feels bad for them because they were subjected to something like that," said 18-year-old Tyson Gyurkovics. "I'm not even that educated, but I know what they did was wrong." Recently, the Supreme Court of Canada ruled teachers and principals have the right to search students on school premises if they believe school rules are being broken. But the court set guidelines on when searches are reasonable and how they should be conducted. At issue was whether a vice-principal at Georges P. Vanier junior high school in Fall River had the right to search a 13-year-old after receiving a tip he was carrying an illegal substance during a school dance in 1995. Education Minister Dave Johnson said in Toronto yesterday searches are supposed to be limited to serious matters that involve weapons and drugs, not money. The Education Ministry intends to circulate the proper guidelines to all Ontario schools, he said. Strip searches, Johnson added, are never acceptable.

School Strip Search Outrages Premier (UPI says Mike Harris,
Ontario's provincial premier, says he finds it abhorrent that a group
of Grade 9 students were strip searched in a school in the Windsor area.)

Date: Fri, 11 Dec 1998 18:31:58 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Canada: WIRE: School Strip Search Outrages Premier
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: Wed, 9 Dec 1998
Source: WIRE: United Press International
Copyright: 1998 United Press International


TORONTO, Dec. 8 (UPI) - Ontario's provincial premier says he finds it
abhorrent that a group of Grade 9 students were strip searched in a
school in the Windsor area.

Mike Harris was speaking about an incident at the Kingsville District
High School, where the vice principle and gym teacher strip searched
20 boys after $90 were reported missing.

The strip search took place on Friday, and about 200 students held a
demonstration on the school grounds on Monday.

Some of the victims told reporters they were taken into the gym
teacher's office one at a time and told to take their pants off, so
the vice principle and gym teacher could search their pockets.

They said they were then told to take off their underwear, expose
their buttocks and bend over.

Enraged students informed their parents, one of whom called the

Harris told reporters today he had children in Grade 8 himself and was
deeply disturbed.

He said he could think back to his teenage years and ``the challenges
of puberty and a very sensitive age'' and could not imagine that
teachers or a vice principle anywhere on Ontario ``would have been
party for anything like this. I find it abhorrent.''

The local school board has ordered physical education teacher Dan
Bondy and vice principle John MacDonald not to have contact with the
students while the incident is investigated.

Two weeks ago, the Supreme Court of Canada ruled that principles have
the right to search students on school premises if they had reasonable
grounds to believe rules are being broken.

The court's ruling came in the context of searches for narcotic drugs
brought into schools, and set out careful guidelines for searches.
Lawyers in the Windsor area said the two school staffers may have
misinterpreted the ruling.

'A flight from common sense' (Toronto Sun columnist Heather Bird
comments on the strip-search of 19 students in Kingsville, Ontario.
What may be at the root of school officials' bizarre behaviour
is a recent high court ruling that condoned searches of students
and their lockers for weapons or drugs.)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: Canada: A flight from common sense
Date: Wed, 09 Dec 1998 08:01:27 -0800
Lines: 105
Newshawk: creator@mapinc.org
Source: Toronto Sun (Canada)
Contact: editor@sunpub.com
Pubdate: Wednesday, December 9, 1998
Author: Heather Bird

'A flight from common sense'

There was truly only one appropriate caption for the mug shots of
the school authorities who made news this week for strip-searching
their Grade 9 charges.

Granted, "Dumb and Dumber" has already been used for a major motion
picture. But it would also have been equally fitting under the photos
of vice-principal John MacDonald and gym teacher Dan Bondy.

Civil liberties honcho Alan Borovoy was a tad more polite yesterday
when asked to characterize the actions of the two Kingsville school

"It was a flight from common sense," he says. As of last night, the
Canadian Civil Liberties Association has not yet decided what action,
if any, to take in the case.

For those of you who have missed it, the controversy erupted during a
class on Friday after a student at the Windsor-area school reported
$90 missing from a gym bag.

At first the 19 boys -- most of them 14-year-olds -- were locked in a
room in an effort to coerce a confession from the thief.

When one wasn't forthcoming, Bondy and MacDonald took the teenagers
into an adjacent office one-by-one and strip-searched them. Their
pants pockets were searched and the boys were also instructed to
remove their underwear and bend over. Given the ages of the students
involved, most complied, albeit grudgingly.

The reaction was swift and furious. Some 200 students at the school
staged a protest walkout on Monday and the director of education for
Greater Essex county described it as "an unfortunate and horrible
lapse in judgment." Premier Mike Harris branded the episode
"repulsive" and "abhorrent," while education minister Dave Johnson
called it a cause for concern.

What may be at the root of the men's bizarre behaviour is a recent
high court ruling that condoned searches of students and their lockers
for weapons or drugs.

"We have a concern that the recent decision of the Supreme Court of
Canada may have created the impression in the minds of some of the
educators that (this is appropriate)," Borovoy said. "I think it's
really up to school boards and school authorities to make it clear to
teachers and principals that strip-searches are taboo."

In fact, a preliminary version of the ruling does state that "a
different standard should be applied to searches by school
authorities. Teachers and principals are placed in a position of trust
that carries the onerous responsibilities of teaching and caring for
the children's safety and well-being." It also says that "a search by
school officials of a student under their authority need not be based
upon reasonable and probable grounds."

But the circumstances in that case were far different than what
happened near Windsor. In the disputed case, the vice-principal had
learned that a certain student might be selling drugs at the school

The vice-principal called the boy to the office and, in the presence
of a police officer, asked him to turn out his pockets. The youngster

And when he was asked to turn up the leg of his pants, they discovered
a bag of marijuana tucked into his sock. A lower court judge noted the
search was not "a highly invasive search, such as a strip and
body-cavity search." The Supreme Court found the student's Charter
rights weren't violated because the search wasn't "unreasonable."

The controversy comes at a time when Toronto Police are rethinking
their body-search policy after a series of complaints.

Although Police Services Board member Jeff Lyons is not expected to
report until February, he has already arrived at some preliminary
recommendations, which may include eliminating body-cavity searches.

For one thing, Lyons says, "it's really hard to find a medical
practitioner to do it."

And, practically speaking, once you strip someone and ask them to bend
over, "that usually solves the problem." (That's because anything
hidden in the rectum is generally exposed in the process.)

Lyons is also leaning toward faster bail hearings and keeping people
in a holding area, rather than a jail cell, which would eliminate the
necessity for many searches.

In other words, what we're considering reserving for the worst-case
scenarios in our police stations has already been inflicted on a group
of youngsters in our school system.

One hopes the kids will somehow find some valuable lessons in the
experience -- perhaps on civil rights.

At the very least, they'll learn how to spell l-i-t-i-g-a-t-i-o-n.

Copyright (c) 1998, Canoe Limited Partnership.

Kingsville incident 'abuse of power' (According to The Toronto Star,
educational law experts and school administrators agree the strip-search
of 20 teenage boys at a Windsor-area school was an abuse of the broad powers
granted to school officials. The newspaper implies the search would have been
legal and proper if the object of the search had been guns or "drugs."
Last month, the Supreme Court asserted there was an increasing problem
with weapons and drugs in schools and declared that Canadian school
authorities had the right to carry out warrantless searches.)

Date: Wed, 09 Dec 1998 12:09:12 -0500
To: mattalk@islandnet.com
From: Dave Haans (haans@chass.utoronto.ca)
Subject: TorStar: Kingsville incident `abuse of power'
Newshawk: Dave Haans
Source: The Toronto Star (Canada)
Pubdate: Wednesday, December 9, 1998
Page: A2
Website: http://www.thestar.com
Contact: lettertoed@thestar.com
Author: Michelle Shephard, Toronto Star Education Reporter

Kingsville incident `abuse of power'

Law experts, school officials decry actions

The strip-search of 20 teenage boys at a Windsor-area school was an abuse
of the broad powers granted to school officials, educational law experts
and school administrators say.

A vice-principal and teacher at Kingsville District High School were
ordered this week to stay clear of students after reports they conducted a
mass strip-search to find $90 that had gone missing during a gym class.

``If one is looking for a gun based on a reasonable suspicion, that's one
thing,'' said Judge Marvin Zuker, an Ontario Court provincial division
judge and education law professor at OISE.

``Money is another.

``There's no way that looking for money would necessitate a compelling
enough interest of any kind of an intrusive search.''

Last month, a Supreme Court decision recognized the growing problem of
weapons and drugs in schools and declared that Canadian school authorities
had the right to carry out warrantless searches.

But this decision only lends more emphasis to a right that educators have
held for any number of years now.

``The Supreme Court of Canada case should not at all give any educators a
springboard to start undertaking random or arbitrary searches of students.

``That's just not appropriate,'' said education lawyer Eric Roher.

He is the author of An Educator's Guide To Violence In Schools.

To properly conduct a search of a student, their personal belongings or
locker, there must be ``reasonable grounds.''

In Supreme Court Justice Peter Cory's decision, he defined reasonable
grounds as credible information from one or more students that confirms a
school rule has been broken or a teacher's or principal's own observations.

Random or dragnet searches are not included in this definition.

``The Supreme Court decision is not saying you can undertake a dragnet or
sweep search of students in an arbitrary fashion.

``You have to have reasonable grounds to believe that either a school rule
has been broken or that a criminal offence is being committed,'' Roher

``To simply randomly search a bunch of students is totally, totally

Roher also advises that police should be called if a strip-search is

Toronto District School Board Chair Gail Nyberg called the incident a
``gross abuse of power.''

Toronto area principals were also dismayed by the report of strip-searching.

``We have asked . . . students to empty their pockets if there's a
particular concern and most of the time, they are very willing to empty
their pockets, but never have I had to strip-search a student,'' said Myrna
Berlin, principal at Kipling Collegiate Institute.

``If we get to the point where we have felt that there's really a need (to
search a student) we call the police . . . and parents.''

Under the Education Act and emphasized in the recent Supreme Court ruling,
educators are permitted greater powers than police to conduct searches on
school property.

``Students' expectation of privacy will be lessened while they attend
school or a school function . . .

``A more lenient and flexible approach should be taken to searches
conducted by teachers and principals than would apply to searches conducted
by police,'' Cory wrote.

Board bans strip-searches (The Toronto Star says strip-searches
have been banned by the Greater Essex school board as trustees try
to determine the fate of a vice-principal and a gym teacher accused
of strip-searching 20 teenaged students.)

Date: Wed, 09 Dec 1998 12:11:18 -0500
To: mattalk@islandnet.com
From: Dave Haans (haans@chass.utoronto.ca)
Subject: TorStar: Board bans strip-searches
Newshawk: Dave Haans
Source: The Toronto Star (Canada)
Pubdate: Wednesday, December 9, 1998
Pages: A1, A2
Website: http://www.thestar.com
Contact: lettertoed@thestar.com
Author: Peter Edwards and Daniel Girard, Toronto Star Staff Reporters

Board bans strip-searches

Windsor-area trustees must still decide on discipline

Strip-searches have been banned by the Greater Essex school board as
trustees try to determine the fate of a vice-principal and a gym teacher
accused of strip-searching 20 teenaged students.

The Windsor-area teachers will be allowed to ask students to turn their
pockets inside-out or take off their shoes and socks in any future checks.

But police must be called if the teacher wants to do a more intensive
search out of fear a student might have a weapon or anything that might be
a threat to others.

``Strip-searches will not be part of our policy,'' chairman George Kennedy
said after the closed-door meeting last night.

The Greater Essex County District Board of Education trustees drew up the
new guidelines after outraged parents demanded to know why the boys, most
of them 14-year-old Grade 9 students at Kingsville District High School,
were strip-searched Friday by a vice-principal and gym teacher.

``The investigation is ongoing,'' Kennedy said.

Board officials still haven't been able to talk to gym teacher Dan Bondy
because he's trying to get a lawyer, said Kennedy.

The school trustees have called a news conference for 9 a.m. today but
Kennedy said the investigation is continuing.

Premier Mike Harris called the strip-searches ``repulsive'' and
``abhorrent'' yesterday.

``I can tell you as a parent of a student now in Grade 8, one year away
from Grade 9, I find it repulsive,'' a visibly angry Harris said on his way
into a weekly caucus meeting.

``I personally think back to teenage years and Grade 9, and the challenges
of puberty and of a very sensitive age, and I can't imagine that there is a
teacher or a vice-principal anywhere in Ontario that would have been party
to anything like this,'' he said. ``I find it abhorrent.''

School board trustees countered by telling Harris to mind his own business.

Earlier in the day, a board of education official told a news conference in
the southwestern Ontario community that vice-principal John MacDonald is
devastated by his role in the incident.

Both MacDonald and Bondy have been asked to leave Kingsville District High
and are working at home until the board decides what to do.

Kingsville police are also continuing to investigate.

The boys' parents demanded the two men be banished from any area schools,
echoing the fierce reaction from Toronto yesterday.

Education Minister Dave Johnson said yesterday that people's reactions show
``that in general, there's not a tolerance for strip-searches, and I concur
with that lack of tolerance.''

Some parents are considering legal action if measures taken by the school
board amount to a slap on the wrist.

Essex County Trustee Jim Cooke said last night that Harris should stay out
of the issue and was being ``very irresponsible'' commenting on a case that
police are investigating.

``This is our school board, not his,'' Cooke said before going into the

Cooke would not comment on MacDonald or Bondy specifically.

``I'm not going to try these people in public,'' Cooke said. ``I know
there's a lynch-mob mentality right now.''

When Karl Dean, president of the Greater Essex County District OSSTF, was
asked about the Premier's remarks, he said it was ``inappropriate'' to
comment before all the facts are presented.

``It doesn't surprise me,'' Dean said. ``It's typical of politicians to
make these kind of comments . . . (but) Mike (Harris) of all people should
know stuff that gets reported (in the media) may not be totally correct.''

Kennedy said trustees looked last night at only a partial report of the
incident. The board's superintendent of education, Sue Zanin, said she
hopes to have a full investigation on the incident completed by the end of
the week.

When Kennedy was told that some students and parents had lost faith in
school officials, Kennedy said he hopes that somehow the students don't
come out of it looking like heroes.

``I don't think the furor is there as much as the media would like to
believe,'' Kennedy said.

He said that any parents who have called him have been reassured that the
matter is being investigated.

``We're not proud of it,'' Kennedy added.

Some Kingsville students said they were concerned about the precedent the
search may set.

``The only reason they got away with it was because they were
first-semester Grade 9 students,'' said a student council member.

Others worried their school was getting a bad reputation.

``Everybody's just talking about it . . . how it's a disgrace to our
school,'' said 17-year-old Mike McIntyre.

``I think it's terrible,'' said Patti Howe, a 39-year-old with two
daughters at the school. She said she warned her daughters to leave the
school if any teacher ever asked them to remove clothing for a search.

With files from Michelle Shephard, Ted Andkilde and Canadian Press

Education minister orders new guidelines (The National Post, in Canada,
says Dave Johnson, Ontario's education minister, has ordered the creation
of new guidelines to ensure that teenagers are never again strip searched
at school. Outrage over the strip search cut through all political lines
with the general consensus being that the students' rights were violated
by overzealous teachers and all urged the government to establish
strict guidelines.)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: Education minister orders new guidelines
Date: Wed, 09 Dec 1998 08:10:01 -0800
Lines: 67
Newshawk: creator@mapinc.org
Source: The National Post
Contact: letters@nationalpost.com
Website: http://www.nationalpost.com/
Pubdate: Wednesday, December 09, 1998
Author: Richard Brennan, Southam News

Education minister orders new guidelines after Ontario strip search Premier
Repulsed: Consensus that students' rights were violated in search for
missing money

Dave Johnson, Ontario's education minister, has ordered the creation of new
guidelines to ensure that teenagers are never again strip searched at

Mr. Johnson described the incident in which 19 Grade 9 boys were strip
searched by two officials at Kingsville District High School near Windsor
as "intolerable". Dan Bondy, a physical education teacher, and John
MacDonald, a first-year vice-principal, carried out the strip search last
Friday as they investigated reports of a theft.

Mike Harris, the premier of Ontario, said yesterday he was repulsed by the

"I can't imagine that there is a teacher or a vice-principal anywhere in
Ontario who would have been party to anything like this. I find it
abhorrent. I can tell you as a parent of a student now in Grade 8 . . . I
find it repulsive," Mr. Harris said, referring to his oldest son Michael Jr.

Outrage over the strip search cut through all political lines with the
general consensus being that the students' rights were violated by
overzealous teachers and all urged the government to establish strict

The two teachers, who each have 20 years experience, have been removed from
classroom duties pending an investigation.

The incident began Friday morning after a student reported $90 missing from
his gym bag. The boys were taken one at a time into the physical education
office and ordered to take off their pants, so the two men could search
their pockets for the missing money.

Some were then told to take off their underwear and told to bend over for a
visible cavity search. The incident is being investigated by both
Kingsville police and the Greater Essex County District Board.

Kingsville District High School students were back in class yesterday after
walking out the previous day in protest.

Mr. Johnson said there is no place for strip searches in Ontario schools
and said he had asked staff to come up with a province-wide policy for
searching students that excludes stripping students.

The minister said some school boards may be wrestling with a recent Supreme
Court of Canada decision. The high court ruled that teachers and principals
have the right to search students on school premises if they believe school
rules are being broken. But the court also set guidelines on when searches
are reasonable and how they should be conducted.

The Supreme Court ruling followed a case of a vice-principal at a junior
high school near Halifax, N.S., searching a 13-year-old carrying what was
reported to be an illegal substance at a school dance in 1995. In that
situation, police were called to witness the teacher search the student.

Liberal MPP Bruce Crozier, whose Essex South riding includes Kingsville,
said the strip search was a "violation of the rights, dignity and respect
of the young people involved."

School visits turn up drugs (The New Brunswick Telegraph Journal
says random searches at six schools have turned up small amounts of marijuana
recently. Police say students and parents should be aware that any school
could be searched at random by drug-sniffing dogs at any time.)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: School visits turn up drugs
Date: Wed, 09 Dec 1998 14:05:30 -0800
Lines: 17
Newshawk: creator@mapinc.org
Source: New Brunswick Telegraph Journal (Canada)
Contact: tjetg@nbnet.nb.ca
Pubdate: Wednesday, December 09, 1998

School visits turn up drugs 12/9/98

The RNC is stepping up its drug-sniffing operation with police dogs by
speaking to more students and searching more schools.

In addition to visiting schools to talk about the dangers of drugs, police
dog handlers and their partners Storm and Jery will be doing periodic
searches of high schools in the RNC Northeast Avalon policing areas.

In recent weeks, searches at six schools have turned up small amounts of
marijuana. The RNC said students and parents should be aware any school
could be searched at random by police at any time.

Bloods take a DARE (The Lethbridge Herald, in Alberta,
says Blood Tribe Police Constable Dale Murphy believes he's the first
aboriginal police officer in Canada to instruct the 17-week Drug Abuse
Resistance Education course on his own reservation.)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: Canada: Bloods take a DARE
Date: Wed, 09 Dec 1998 14:06:25 -0800
Lines: 66
Newshawk: creator@mapinc.org
Source: Lethbridge Herald (Canada)
Contact: lherald@lis.ab.ca
Pubdate: December 09, 1998
Author: Craig Albrecht

Bloods take a DARE

Blood Tribe Police Const. Dale Murphy DAREs to be different. Murphy is
blazing new ground as the police departments Drug Abuse Resistance
Education officer. The program, first established in California about a
dozen years ago, teaches children how to resist pressure to take drugs or
abuse alcohol.

Murphy believes he's the first aboriginal police officer in Canada to
instruct the 17-week course on his own reserve. While he was among 35
policeman most of them RCMP officers recently sent to Edmonton for DARE
training, he points out aboriginal mounties are usually stationed far from
their home turf.

Given his unique situation, Murphy knows hell be under the microscope to
some extent. A lot of people are wondering, is it going to work? he says.
Murphy, for one, can only see benefits from the familiarity he enjoys. I
think its a big benefit because Im a uniformed officer and from the reserve
so they can relate to me a little bit more, he says.

It's also a benefit in that Murphy knows many of the students parents and
the home situation they find themselves in. The officer began instructing
the program in late November. Although the course is aimed at Grade 6
students, he also deals on a less formal basis with younger and older
students, some 400 in all.

The Blood Tribe Police were looking for some means to get positive messages
across to students and Murphy learned about the DARE program being taught
in Lethbridge schools.

I thought, that's a perfect thing to start out here. In other DARE programs
Murphy says police often speak to students before they have first-hand
knowledge of substance abuse. Some of the students he speaks to on the
reserve may have already seen such problems at home and the message he
provides may have more impact.

I'm not saying every person here comes from a home where drugs or alcohol
are abused, but at least they're getting the tools to use if they're ever
faced with those problems, he says.

The DARE program was also a means to increase police presence in the
schools and provide a positive image. Murphy recalls the first day he
walked into a school in uniform and several kids yelled police before

Now they know when it's DARE day and they're running up to me wanting to
talk, he says. The DARE curriculum is presented through lectures as well
as skits and other activities. Murphy says he's not there to just tell
students to say no to drugs and booze. Instead, he hopes to build up the
students self-esteem so they can deal with peer pressure.

He also informs them of the consequences of substance abuse, both criminal
and health-wise. The Drug Abuse Resistance Education program not only
benefits the students, but also police in the long run.

If we can stop them (from abusing substances) here, at least we don't have
to deal with them in the future, says Murphy. My goal is not necessarily to
help every student on the reserve because that's not realistic. But if we
can reach a few of them and break the cycle of use and misuse of alcohol,
that's a start.

Panama Pull-Out May Hurt DoD's Anti-Drug Mission (Jane's Defence Weekly
says US military counter-narcotics operations in Latin America are expected
to suffer, at least temporarily, when the Department of Defense
pulls its forces out of Panama next year.)

Date: Wed, 9 Dec 1998 13:52:01 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Panama Pull-Out May Hurt DoD's Anti-Drug Mission
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Paul Lewin
Source: Jane's Defence Weekly
Copyright: 1998 Jane's Information Group Limited
Pubdate: Wed, 9 Dec 1998
Website: http://jdw.janes.com/
Author: Bryan Bender


CARTAGENA, Colombia -- US military counter-narcotics operations in Latin
America are expected to suffer, at least temporarily, when the USA pulls
its forces out of Panama next year.

US authorities have yet to identify new forward operating sites in the
region from which to launch airborne monitoring and detection missions.

Now that negotiations over a future US military presence in Panama have
broken down, the US government has begun lobbying nations in Central and
South America, including Ecuador, Honduras and Peru to establish a series
of small outposts to replace its military bases in Panama. However, those
locations will not be in place by 1 May 1999 when the runway at Howard Air
Force Base in Panama, the primary staging area, is scheduled to shut down.
The USA will then be forced to conduct its counter-narcotics flights from
the continental USA and Puerto Rico, where US Army South, US Special
Operations Command South, air force elements and about 15,000 reserves will
be stationed.

"We would be hard-pressed right now if we got an agreement tomorrow to have
a fully functioning forward operating base on 1 May, which simply says to
do the business we need to do in Latin America, at least initially, we're
going to have to make heavier reliance on operations that initiate from the
continental United States and Puerto Rico and other fixed bases that remain
in the region," such as Soto Cano Air Base in Honduras, Marine Corps Gen
Charles Wilhelm, commander-in-chief of the US Southern Command (SOUTHCOM),
told Jane's Defence Weekly on 1 December.

This will strain the Department of Defense's (DoDs) ability to maintain a
watchful eye on drug shipments and transit routes and provide help in
eradicating drug production centres, Gen Wilhelm said. Without Panama as a
staging area, the counter-narcotics operations are also likely to cost more
in fuel and other logistics.

"When we commit aircraft to provide radar surveillance they are not
performing the mission while they are en route from a distant base to what
I call the mission box," he said. "They are only effective once they are in
the mission box. If that is a long transit distance then one of two things
are going to occur: you are either going to commit more assets to provide
the same relative level of coverage; or if you try to do that kind of job
with the same number of assets then there is going to be some diminishment
in coverage."

In meetings in Colombia last week, during the third Defence Ministerial of
the Americas meeting, officials from the US Departments of Defense and
State broached the subject of setting up at least two or three forward
operating bases with Ecuador, Honduras and Peru, according to officials
involved in the discussions.

According to Peter Romero, Assistant Secretary of State for Inter-American
Affairs, various countries in the region were receptive to the idea,
although no formal agreements have been reached. Nevertheless, pressed for
time, the US government wants to move quickly.

The US is looking to establish forward operating locations with maintenance
and housing facilities but no permanently stationed aircraft and no more
than a dozen permanently stationed personnel, mindful of Latin American
sensitivities. The best solution would be one or more of these "lily pads"
in the Caribbean Basin, Central America and in the Andean mountains of
South America, Gen Wilhelm said.

However, the extent to which the DoD can replicate its counter-narcotics
missions from Panama - about 4,000 troops are located at Howard and an
estimated 15,000 anti-drug flights are flown annually - will depend on the
number and location of the forward operating locations, Romero said.

Meanwhile, the State Department will continue to spearhead the negotiations
while SOUTHCOM determines which sites have sufficient infrastructure to
meet US military requirements such as security and affordability.

DrugSense Weekly, No. 77 (The weekly summary of drug policy news
from DrugSense leads with a feature article - Protecting your privacy during
a drug-war strip search. The Weekly News in Review includes such articles
about Prisons as - The prison-industrial complex; Our prisons have bigger
problems; Jail guards smuggled contraband, paper says; and Shipping inmates
no solution. An article about Law Enforcement - Selling lies - win at all
costs series. Articles about Drug Policy include - Eye at the keyhole; School
board to ask the US Supreme Court to reinstate drug testing; Customs Service
drug searches prompt outrage, lawsuits; Book Review of "Whiteout" - The
C(ocaine)I(mportation)A(gency). Articles about Medical Marijuana include -
Groups seek results of marijuana vote; Pot center founder fights charges;
Cannabis buyers' co-op to reopen, but not sell pot; and Rx - marijuana.
International News includes - Cocaine flood raises fears of HIV upsurge;
Congress steps up aid for Colombians to combat drugs; Hitman's victim had
links to drug gang. Hot Off The 'Net focuses on the group Family Watch,
as well as the topic of breaking news stories. The Quote of the Week cites
William Lloyd Garrison. The Fact of the Week - Prohibition Pollutes.)

Date: Wed, 09 Dec 1998 13:18:40 -0800
To: mgreer@mapinc.org
From: Mark Greer (MGreer@mapinc.org)
Subject: DrugSense Weekly, December, 9 1998 No. 77




DrugSense Weekly, December, 9 1998, No. 77

A DrugSense publication

This newsletter may be read on-line at:

Do you find this Newsletter useful? Can you help us with a donation? Please
see: http://www.drugsense.org/donate.htm You can donate on-line quickly and
easily! Or see below for other options.



* Feature Article

Protecting your privacy during a drug-war strip search
by James E. Gierach

* Weekly News in Review


The Prison-Industrial Complex
Column: Our Prisons Have Bigger Problems
Jail Guards Smuggled Contraband, Paper Says
Editorial: Shipping Inmates No Solution

Law Enforcement-

Selling Lies - Win At All Costs series


Editorial: Eye at the Keyhole
School Board To Ask The U.S. Supreme Court To Reinstate Drug Testing
Customs Service Drug Searches Prompt Outrage, Lawsuits
Book Review of "Whiteout": The C(ocaine)I(mportation)A(gency)

Medical Marijuana-

Groups Seek Results of Marijuana Vote
Pot Center Founder Fights Charges
Cannabis Buyers' Co-op to Reopen, But not Sell Pot
RX: Marijuana

International News-

Cocaine Flood Raises Fears of HIV Upsurge
Congress Steps Up Aid for Colombians To Combat Drugs
Hitman's Victim Had Links to Drug Gang

* Hot Off The 'Net

Family Watch
Breaking News stories

* Quote of the Week

William Lloyd Garrison

* Fact of the Week

Prohibition Pollutes




Protecting your privacy during a drug-war strip search
by James E. Gierach

Do you look like a drug dealer or a drug courier?

If so, don't be surprised if anti-drug agents tread upon your privacy
rights. It could happen to any American but there are steps you can take
to protect yourself.

The first line of defense against drug-war intrusion into your life --
whether visiting Aunt Martha over the holidays or returning from a
Caribbean vacation through New York's Kennedy International Airport or
Miami International Airport -- is not to "look like" a drug dealer or
courier. Narcotics agents have developed -- based upon years of
experience, training, and hit-or-miss success -- what they call
"drug-courier profiles." These profiles are pigeonholes into which drug
agents can place anybody. Unwary citizens may not be sensitized to these
profile "tells" but drug agents are trained specialists.

When a U.S. Customs agent, MEG (Metropolitan Enforcement Group) trooper,
or DEA (Drug Enforcement Administration) agent sees a person whose appearance,
demeanor or baggage meets a drug-courier "profile," the anti-drug agent
reacts. The hair on the back of the neck stands on end, Adrenalin speeds
to the agent's stomach and the face turns flush. (Not all agents'
reactions fit this profile.) To an educated drug cop, a profile match
engenders suspicion. The trained agent thinks, "Here's a person who is,
or probably might be, a traveling drug-dealer or courier."

If you are a citizen who fits an officer's drug hunch, and the hunch is
susceptible of verbal articulation that "sounds like" one of the written
profiles -- bingo, you lose. "Put your hands on the wall, spread your
feet," "May we look through your personal belongings?" Once you fit a
profile in an agent's mind, you are at full risk of drug-dealer treatment
-- presumed innocent, suspected guilty and handled accordingly.

Considering the risks that attend a drug-war-profile fit, one should ask
oneself, "Self, just what does a drug-dealer courier look like?" Drug
dealers come in all colors, heights, weights, sexes and sizes. Drug
dealers can look "cool" or klutzy, lackadaisical or intense, wealthy or
poor, stylish or slobbish, native or foreign. And therein lies the

It's hard not to look like a drug dealer. In fact when done well, one set
of drug-courier profiles fits all. Looking at the matter from the drug
agents' perspective, if American commoners could figure out what drug
dealers "looked like," so they could look "straight" to the anti-drug
police, then, so could the drug dealers and couriers.

Therefore, the second line of defense may be more effective than the
first. The second defense against drug agents is to be careful where you

It is well known that drugs are carried to the United States from Mexico,
South America and the Caribbean like clockwork. Drug police do not know
less than the rest of us. Therefore, a loving husband should think twice
before taking his wife to a drug-rich port of call. A husband must
realize that he must bring his wife home through a U.S. port of entry
such as O'Hare International Airport or other points subject to the
jurisdiction of customs drug-police.

The difficulty with self-imposed travel restrictions, aside from missing
a few dream vacations, is that drug war puts more drugs everywhere.
Therefore, nearly every travel destination -- foreign and domestic -- is
drug suspect. This truism brings us to the third- and last-strike
defense of the weary, drug-free travelers by which the travelers can
protect themselves against privacy intrusion by the drug police and avoid
uninvited bodily- cavity searches.

In October, the government announced that U.S. Customs agents will give
suspected drug couriers an alternative to mandatory strip searches. A
suspect can avoid strip search by consenting to be x-rayed at a hospital.
To civil libertarians and old-time Americans, it may not seem like much
of a concession, but in the prevailing drug-war, strip-search
environment, it's a very decent thing to do.

James E. Gierach
9759 Southwest Highway
Oak Lawn, IL 60453
(708) 424-1600







Expansion of the nation's prisons resulting from the drug war has always
been the single issue most likely to force public recognition of the
policy's intrinsic insanity. That this process may finally be underway
is suggested by Eric Schlosser's devastating expose of prison growth in
Atlantic Monthly. The entire text is must reading for all with an
interest in drug reform.

Despite its small circulation, Atlantic Monthly is widely read by
editorial writers and columnists. Molly Ivins joined Cynthia Tucker in
commenting favorably on Schlosser's article. Look for more impact from
this piece over time


Correctional Officials See Danger in Prison Overcrowding.
Others See Opportunity.
The Nearly Two Million Americans Behind Bars --
The Majority of Them Nonviolent Offenders Mean Jobs for Depressed Regions
And Windfalls for Profiteers


Today the United States has approximately 1.8 million people behind bars:
about 100,000 in federal custody, 1.1 million in state custody, and
600,000 in local jails. Prisons hold inmates convicted of federal or
state crimes; jails hold people awaiting trial or serving short
sentences. The United States now imprisons more people than any other
country in the world -- perhaps half a million more than Communist China.
The American inmate population has grown so large that it is difficult to
comprehend: imagine the combined populations of Atlanta, St. Louis,
Pittsburgh, Des Moines, and Miami behind bars.


Source: The Atlantic Monthly
Copyright: 1998 by The Atlantic Monthly Company
Pubdate: Dec 1998
Volume: 282, No. 6; pages 51 - 77
Contact: letters@theatlantic.com
Webform: http://www.theatlantic.com/letters/edlet.phtml
Website: http://www.theatlantic.com/
Author: Eric Schlosser
Note: This is part 1 of 3.
Part-1: http://www.mapinc.org/drugnews/v98.n1113.a04.html
Part-2: http://www.mapinc.org/drugnews/v98.n1113.a05.html
Part-3: http://www.mapinc.org/drugnews/v98.n1114.a01.html



AUSTIN -- So six prisoners break out of Huntsville, one gets away and the
Texas Department of Corrections responds by suspending a work program for
prisoners. Not that the work program had anything to do with the escape
-- the prisoners were in the recreation yard at the time. But why should
we expect TDC to make any sense? Nothing else about the American prison
system does.

In the current issue of `The Atlantic Monthly' is "The Prison-Industrial
Complex," a major investigation of just how out of control and
increasingly corrupt the system is.


Pubdate: Fri, 4 Dec 1998
Source: Ft. Worth Star-Telegram (TX)
Contact: letters@star-telegram.com
Website: http://www.star-telegram.com/
Copyright: 1998 Star-Telegram, Fort Worth, Texas
Columnist: Molly Ivins is a columnist for the 'Star-Telegram.'
Email: mollyivins@star-telegram.com
URL: http://www.mapinc.org/drugnews/v98.n1121.a01.html



The next two items underscore two hardly novel ideas: first, that large
prison bureaucracies encourage corruption and abuses; second, shipping
of inmates away from their families and into areas of diminished
accountability is a step in the wrong direction.


MIAMI, FLORIDA -- An investigation of Miami-Dade County jails found that
officers helped smuggle contraband to inmates, a newspaper reported

A yearlong, secret probe by police and the FBI claimed that jail officers
looked the other way or took part as marijuana and cocaine were brought
to inmates in exchange for cash, jewelry and sporting equipment, The
Miami Herald said.


Source: Chicago Tribune (IL)
Contact: tribletter@aol.com
Website: http://www.chicagotribune.com/
Copyright: 1998 Chicago Tribune Company
Pubdate: 30 Nov 1998
Author: From Tribune News Services
Section: Sec. 1
URL: http://www.mapinc.org/drugnews/v98.n1107.a05.html



As Wisconsin prison chief Michael Sullivan admits, housing inmates out of
state, originally a stopgap measure, is now a permanent feature of state
corrections policy. That development bodes no good.


The Wisconsin Legislature must keep in mind that the congestion problem
is almost entirely of its own making. A rising crime rate is not driving
the problem; in fact, crime is not rising. Rather, the Legislature's
penchant for passing tougher and tougher laws is responsible.


Pubdate: Sun, 6 Dec 1998
Source: Milwaukee Journal Sentinel (WI)
Copyright: 1998, Milwaukee Journal Sentinel.
Contact: jsedit@onwis.com
Fax: (414) 224-8280
Website: http://www.jsonline.com/
URL: http://www.mapinc.org/drugnews/v98.n1123.a08.html


Law Enforcement



It takes an incarceration industry producing a steady stream of
convictions to keep our prison-industrial complex in prisoners. Last
week we introduced a remarkable series, detailing many of the unsavory
deals which prosecutors routinely make with felons in order to obtain
those convictions.

A critical case challenging many of these practices is now wending its
way toward the Supreme Court. Don't get your hopes set too high.


By `Jumping On The Bus,' Prisoners Earn Time Off Sentences At
Others' Expense

The business served a small but eager clientele.

From an office in Atlanta, Kevin Pappas, a former drug smuggler, sold
prisoners confidential information gleaned from the files of federal law
enforcement officers or, in some instances, from the case files of other

By memorizing confidential data from those files, the prisoners could
testify to events that only an insider might know and help prosecutors
win an indictment or a conviction.

Well-heeled prisoners paid Pappas as much as $225,000 for the
confidential files, and in exchange for their testimony, prosecutors
would ask judges to reduce the prison terms of these new-found witnesses.

Pappas and Robert Fierer, an Atlanta lawyer, called their company
Conviction Consultants Inc., but a group of defense lawyers in Georgia
had another name for it: "Rent-a-rat."


Source: Pittsburgh Post-Gazette (PA)
Copyright: 1998 PG Publishing
Pubdate: Mon, 30 Nov 1998
Contact: letters@post-gazette.com
Website: http://www.post-gazette.com/
Author: Bill Moushey, Post-Gazette Staff Writer
Note: The series is also being printed in The Blade, Toledo, OH
Contact: letters@theblade.com
URL: http://www.mapinc.org/drugnews/v98.n1111.a05.html
Other Segments published last week:
Unique Way Of Solving Mystery
URL: http://www.mapinc.org/drugnews/v98.n1112.a02.html
A Question Of Whom To Trust
URL: http://www.mapinc.org/drugnews/v98.n1108.a04.html
Fish Tale Was One Of Many Stretches
URL: http://www.mapinc.org/drugnews/v98.n1108.a02.html


Drug War Policy-



The Supreme Court continued its disgraceful piecemeal surrender of the
Bill of Rights with a typical 5-4 reversal of a lower court ruling which
had the temerity to suggest that people are entitled to some privacy
within their homes. Any mention of "drugs" seems be enough to persuade
the "Supremes" to come down on the side of fascism.

Keeping that fascism in mind, it's difficult to be very sanguine about
the ultimate outcome of the next case, in which a local Indiana school
board is asking for still more authoritarianism.


The Supreme Court again has narrowly interpreted privacy rights, ruling
on Tuesday that people who visit someone's home only briefly or to do
business do not have the same protection against police searches as do
overnight guests. The ruling - that such visitors have no reasonable
expectation of privacy - no doubt will give comfort to those who want to
expand police rights to search suspected criminals. However, it further
erodes the widely held expectation that one's home is one's castle and an
inviolable bastion of privacy, and that those protections extend to one's
invited guests.


Pubdate: Thu, 3 Dec 1998
Source: Chicago Sun-Times (IL)
Contact: letters@suntimes.com
Website: http://www.suntimes.com/index/
Copyright: 1998 The Sun-Times Co.
URL: http://www.mapinc.org/drugnews/v98.n1115.a03.html



The Anderson School Board's decision to ask the U.S. Supreme Court to
reinstate the school corporation's drug testing policy could mean legal
fees close to $60,000.

That figure assumes the justices would agree to hear the case.

Board member Irma Hampton Stewart, who is a lawyer, cast the only
dissenting vote as the board decided Tuesday night to appeal a U.S. 7th
Circuit Court of Appeals ruling to the Supreme Court.


Pubdate: Thu, 3 Dec 1998
Source: Indianapolis Star (IN)
Contact: stareditor@starnews.com
Website: http://www.starnews.com/
Copyright: 1998 Indianapolis Newspapers Inc.
Author: John M. Flora
URL: http://www.mapinc.org/drugnews/v98.n1112.a12.html



The following story is further evidence of how drug policy has eroded
individual liberty in the "land of the Free." The racial overtones are
traditional, the warrantless arrest at the airport is the modern touch.


Complaints: Innocent Travelers Say They Were Unfairly Stripped, Prodded
And Humiliated, But Officials Cite 'Reasonable Suspicion.'

WASHINGTON- Returning to Chicago from Jamaica, Gwendolyn Richards was
plucked from a line of air travelers by a Customs Service inspector and
ordered into a bare, windowless room. During the next five hours, she was
strip-searched, handcuffed, X-rayed and probed internally by a doctor.

The armed customs officer who led Richards in handcuffs through O'Hare
International Airport and drove her to a hospital for examination
suspected she might be smuggling drugs. They found nothing.


Source: Orange County Register (CA)
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Copyright: 1998 The Orange County Register
Pubdate: 3 Dec 1998
Author: Connie Cass, The Associated Press
URL: http://www.mapinc.org/drugnews/v98.n1122.a06.html



Cockburn and St. Clair's expose of CIA skulduggery on behalf of drug
suppliers is probably a very good read. Unfortunately, the Agency has
lied so much about its activities, it will take historians, working at
least 50 years in the future, to begin to reconstruct the truth about
the Cold War, if such is ever possible.


Drug dealing only begins to tell the story of the CIA's handiwork.

If the only thing you know about the US Central Intelligence Agency is
that a 1996 San Jose Mercury News report accusing the CIA of contributing
to the crack cocaine epidemic in Los Angeles was dismissed by government
officials and mainstream journalists as African-American hysteria, you're
likely to take their word for it. The US government helping the Contras
purchase weapons with the proceeds of crack sales by gang members in
South Central Los Angeles?

Yeah, right.


Pubdate: Thursday, 19 November, 1998
Source: Seattle Weekly (WA)
Copyright: 1998 Seattle Weekly
Contact: letters@seattleweekly.com
Website: http://www.seattleweekly.com/
Author: Mark Worth
Note: BOOK REVIEW, WhiteOut - The CIA, Drugs, and the Press by
Alexander Cockburn and Jeffrey St. Clair (Verso, $17)
URL: http://www.mapinc.org/drugnews/v98.n1116.a05.html


Medical Marijuana



While the media in general has yet to awaken to the sweeping election
success of medical marijuana on Nov.2; some sources have noticed and
commentary is starting to appear. The anti-democratic (with a small d)
maneuver of Bob Barr turned the DC fiasco into a public relations plus
for reform, but the overall theme is that despite the election
victories, patients can expect to be hassled everywhere, just like in
California after 215.


The D.C. chapter of the League of Women Voters and eight other area
organizations filed court papers this week calling for a judge to release
and uphold the results of the Nov. 3 referendum on the medical use of

The groups sided with the American Civil Liberties Union and the D.C.
government, which contend that Congress illegally interfered with the
local election process. At issue is a congressional amendment that bars
the District from spending money on any initiative that would "legalize
or otherwise reduce" penalties for users of marijuana.


Source: Washington Post (DC)
Contact: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website: http://www.washingtonpost.com/
Copyright: 1998 The Washington Post Company
Pubdate: Wed, 2 Dec 1998
Compiled from reports by staff writers Paul W. Valentine, Bill
Miller, David Montgomery, Alan Sipress, Philip P. Pan and Victoria
Benning and the Associated Press.
URL: http://www.mapinc.org/drugnews/v98.n1108.a01.html



Speaking of California, in San Jose prosecutors still want to send Peter
Baez to state prison to join David Herrick, now serving an unjust
four-year term as the result of a similar "sting" using a phony patient.
Meanwhile the embattled Oakland club continues to show the flag, despite
being unable to provide marijuana to patients.


Search excessive, lawyer argues Trying to avoid a long prison term, the
former operator of Santa Clara County's only medical marijuana center
went to court yesterday in an effort to get his charges dismissed.

Attorneys for Peter Baez argued that San Jose police officers went beyond
the scope of their search warrants in March when they conducted a
``wholesale seizure of records'' by removing all 265 client files from
the Santa Clara County Medical Cannabis Center. They seek to have
evidence from that search suppressed and the charges against Baez


Source: San Francisco Chronicle
Contact: chronletters@sfgate.com
Website: http://www.sfgate.com/chronicle/
Pubdate: 5 December 1998
Copyright: 1998 San Francisco Chronicle
Author: Todd Henneman, Chronicle Staff Writer
URL: http://www.mapinc.org/drugnews/v98.n1120.a10.html



Courts: The group will offer hemp products as it appeals a judge's order
barring the sale of marijuana.

OAKLAND--The Oakland Cannabis Buyers' Cooperative says that it will
reopen Monday, offering hemp products, not medical marijuana. The
organization, which dispensed marijuana to about 2,000 member-patients,
was closed last month && federal judge.

Closure was sought by the Clinton administration's Justice Department,
which said the distribution of medical marijuana, authorized by a 1996
California initiative, violated federal drug laws. The cooperative is
appealing U.S. District Judge Charles Breyer's order. Meanwhile, it has
obtained permission from Breyer to reopen for patient services as long as
no marijuana is on the premises. The services will include counseling and
educating members about the medical use of cannabis as well as
"cultivation meetings," the cooperative said.


Source: Los Angeles Times (CA)
Contact: letters@latimes.com
Website: http://www.latimes.com/
Copyright: 1998 Los Angeles Times.
Fax: 213-237-4712
Pubdate: 28 Nov 1998
Author: Associated Press
URL: http://www.mapinc.org/drugnews/v98.n1124.a06.html



Dan Baum's piece doesn't dwell on the election; instead, it points out
the real difficulties facing even such a seemingly simple notion as
reclassification of a benign and useful agent to Schedule 2.


Initiatives authorizing the medical use of marijuana passed in five
states in the last election. (Another one would have passed in the
District of Columbia, according to exit polls, but it was consigned to
limbo by a blatantly antidemocratic amendment introduced by
Representative Bob Barr forbidding federal funds to be spent tallying the
vote.) On this subject the words of Dr. Lester Grinspoon, a leading
authority on the drug (he is author of Marijuana: The Forbidden
Medicine) and professor of psychiatry at Harvard Medical School, are
apropos: "As the number of people who have used marijuana medicinally
grows, the discussion is turning from whether it is effective to how it
should be made available.


Pubdate: 14 December 1998
Source: The Nation (US)
Section: Selected Editorial
Contact: letters@thenation.com
Website: http://www.thenation.com/
Copyright: 1998, The Nation Company
Author: Dan Baum
URL: http://www.mapinc.org/drugnews/v98.n1118.a10.html


International News


Far off Australia is feeling the impact of aggressive Colombian
marketing of illicit drugs. First they were flooded with cheap heroin
from the golden triangle because it had been displace from North
America Nath America by cheap, pure heroin from poppies grown in
Colombia. Now, Australia is the dubious beneficiary of a cocaine glut in
North America. Ain't interdiction wonderful?


Cocaine has shed its yuppie image of the 1980s, with an epidemic in its
use among heroin addicts, who are injecting the drug, threatening the
stability of HIV rates in Australia.

Cheaper and purer cocaine is flooding Sydney, where it is being sold like
heroin, breaking into new markets in the western suburbs where cocaine
use is just as common as in the more affluent eastern suburbs.


Pubdate: Fri, 27 Nov 1998
Source: Australian, The (Australia)
Contact: ausletr@matp.newsltd.com.au
Website: http://www.theaustralian.com.au/
Author: Justine Ferrari
URL: http://www.mapinc.org/drugnews/v98.n1122.a01.html



Meanwhile, in the culprit country, the military will receive a boost
from macho drug warriors in the US Congress, always delighted to buy
military hardware, especially in a good cause like the drug war.


The Clinton administration initially opposed it, and the Colombian
government was taken by surprise. But a recent congressional initiative,
spurred by direct appeals to conservative Republicans by the Colombian
national police, has more than doubled drug-fighting money to Colombia
and made the country a top recipient of U.S. foreign aid.


Pubdate: Tue, 01 Dec 1998
Source: New York Times (NY)
Contact: letters@nytimes.com
Website: http://www.nytimes.com/
Copyright: 1998 The New York Times Company
Author: Diana Jean Schemo
URL: http://www.mapinc.org/drugnews/v98.n1116.a01.html



Northern Europe is experiencing a concerted dose of uncharacteristic
violence, undoubtedly related to drug war competition for market share.
The following was only one of three high-profile drug related "hits"
reported in the European press last week.


A FINANCIAL adviser to one of London's most powerful underworld gangs has
been shot dead on his doorstep by a hitman, police said yesterday.

Scotland Yard detectives are investigating links between the death of
Solly Nahome, a Hatton Gardens diamond dealer, and the Adams family. The
clan is credited with extensive interests, including drug trafficking,
across North London.


Source: The Times (UK)
Contact: letters@the-times.co.uk
Website: http://www.the-times.co.uk/
Copyright: 1998 Times Newspapers Ltd
Pubdate: Tue, 1 Dec 1998
Author: Stewart Tendler, Crime Correspondent
URL: http://www.mapinc.org/drugnews/v98.n1106.a06.html





Founded by Kendra Wright, Family Watch is a network of groups and
individuals concerned about the impact of drug policy on families, women
and children. The goals of the network are to increase communication,
identify opportunities for collaboration and strengthen each of our voices
by joining together in a call for change. They aim to push issues related
to families, women and children to the forefront of the drug policy debate,
and help create progressive policies which preserve the health and
well-being of the family unit and each of its individual members,
particularly the children.

Website: http://www.familywatch.org/
Contact: kendra@familywatch.org



The hottest breaking drug related news stories are constantly updated and
available with just a few mouse clicks. Stay aware and informed and when
you feel strongly about an article write a letter to the editor. This may
be the single most powerful action the average

See http://www.drugsense.org/ or http://www.mapinc.org/

Both of the above web sites have received numerous awards and
recognition. The latest is from STANTON PEELE who gives it his highest




"Enslave the liberty of one human being and the liberties of the world
are put in peril." - William Lloyd Garrison





Since it is illegal to manufacture cocaine, its producers must hide their
facilities in the forests of South America making it impossible to
properly dispose of chemical wastes. It is estimated that the unregulated
manufacture of cocaine results in 10 million liters of sulfuric acid, 16
million liters of ethyl ether, 8 million liters of acetone and from
40-770 million liters of kerosene being poured directly into the ground
in the Andean region, mainly Colombia.

Source: Trade and Environment Database (TED), TED Case Studies: Columbia
Coca Trade, Washington D.C.: American University (1997).


DS Weekly is one of the many free educational services DrugSense offers
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