Portland NORML News - Thursday, February 4, 1999
-------------------------------------------------------------------

NORML Foundation Weekly News Release (Post-arrest approval for medical
marijuana no protection, California appeals court rules; Increased penalties,
prison sentences don't deter drug use, ABA study finds; Athletic association
mandates drug testing for Louisiana high school students; Portland, Oregon
schools offer students $1,000 incentive to snitch on classmates)

From: NORMLFNDTN@aol.com
Date: Thu, 4 Feb 1999 17:07:28 EST
Subject: NORML WPR 2/4/99 (II)

NORML Foundation Weekly News Release

1001 Connecticut Ave., NW
Ste. 710
Washington, DC 20036
202-483-8751 (p)
202-483-0057 (f)
www.norml.org
foundation@norml.org

February 4, 1999

***

Post-Arrest Approval For Medical Marijuana No Protection, California
Appeals Court Rules

February 4, 1999, San Francisco, CA: Patients seeking legal
protection under California's medical marijuana law generally must obtain
a doctor's recommendation before their arrest, a state appeals court
ruled recently.

The Court's ruling (People v. Rigo) affirmed the marijuana conviction
of a gastritis patient who acquired a physician's recommendation to use
the drug three months after police arrested him for cultivation. The
defendant said he learned about treating gastritis with marijuana while
living in Switzerland and was growing the drug to self-medicate.

The Court found that Proposition 215 did not protect the defendant's
marijuana use because he made no effort to obtain a physician's
recommednation to use the drug prior to his arrest, and no "exigent
circumstances" existed to validate his subsequent approval. "Appellant
did not seek medical approval until the consequences of the justice
system gave him impetus to do so and did not do so in a reasonable amount
of time for reasons independent of his arrest," the three-judge Court of
Appeal panel unanimously ruled. "The language in the ballot pamphlet
emphasized that the purpose of the initiative was to help seriously ill
patients who act pursuant to a doctor's recommendation or approval.
...To allow self-medication in ... this case would improperly promote
non-medically supervised use of marijuana ... which would frustrate the
intent of the voters in enacting Proposition 215."

NORML Executive Director R. Keith Stroup, Esq. said that the decision
should serve notice to patients who are self-medicating with marijuana.
"Patients must obtain a recommendation from a physician or the protection
afforded by Prop. 215 will not be available if they are arrested," he
said.

The appeals court distinguished this case from an earlier ruling
(People v. Trippet) made by the Court of Appeals, 2nd Division, that
determined Prop. 215 "may be applied retroactively to provide, if its
terms and the applicable facts permit, a defense to [an] appellant." In
that case, the defendant successfully argued that her doctor's verbal
recommendation to use marijuana for migraines qualified her for
protection under Prop. 215.

For more information, please contact either Keith Stroup of NORML @
(202) 483-5500 or NORML Foundation Litigation Director Tanya Kangas @
(202) 483-8751.

***

Increased Penalties, Prison Sentences Don't Deter Drug Use, ABA Study
Finds

February 4, 1999, Washington, D.C.: Increased enforcement of drug
laws and stiffer penalties do not deter the use of marijuana and other
drugs, a new study by the American Bar Association found.

"The current policy of simply arresting and incarcerating drug users
does not work," said Myrna Raeder, chairwoman of the ABA's Criminal
Justice Section.

NORML Executive Director R. Keith Stroup, Esq. agreed. "We've
arrested over 12 million Americans for marijuana offenses since 1965," he
said. "It is clear that this punitive approach is ineffective. It's
time we stopped arresting otherwise law abiding citizens who smoke
marijuana."

The ABA study, The State of Criminal Justice, found illicit drug use
on the rise despite increased federal funds, higher levels of drug
arrests, and higher incarceration rates than at any time in our nation's
history. The report also determined that law enforcement priorities are
shifting from dealers to users. "While drug arrests were up from 1992
to 1997, nearly 80 percent of those arrests were for possession," it
found.

FBI figures report that police arrested nearly 700,000 Americans on
marijuana charges in 1997. Eighty-seven percent of these arrests were
for simple possession. In all, law enforcement arrested more than 1.5
million people on drug charges.

The ABA found that the total number of people who had used drugs
within the previous month increased approximately 18 percent between 1992
and 1997. It estimated that 14 million Americans are regular drug users,
but noted that nearly 80 percent of them only use marijuana.

For more information, please contact Keith Stroup of NORML @ (202)
483-5500. Copies of the ABA report are available from the ABA Service
Center @ (800) 825-2221 (cite product code 5090073).

***

Athletic Association Mandates Drug Testing For Louisiana High School
Students

February 4, 1999, Orleans, LA: Student athletes at more than 400
Louisiana High School Athletic Association member schools may soon be
subject to drug testing under a resolution narrowly approved by the LHSAA
Friday.

NORML Legal Committee member William Rittenberg dismissed the LHSAA
proposal as a "feel good measure" that would do little to deter student
drug use. "The only tangible effect of such a policy will be to
encourage our children not to believe in our basic constitutional
liberties," he said. Rittenberg recently won separate legal cases
striking down a pair of Louisiana laws that mandated drug tests for
public school employees and elected officials.

The LHSAA resolution states that each member school must develop and
implement a substance-abuse drug testing policy for student athletes.
The LHSAA executive committee will review the procedure before its
implementation.

The United States Supreme Court ruled 6 to 3 to allow the drug
testing of student athletes in 1995.

LHSAA commissioner Tommy Henry estimated that fewer than 50 of the
400+ LHSAA member schools have existing drug testing policies.

For more information please contact either Allen St. Pierre or Paul
Armentano of The NORML Foundation @ (202) 483-8751. Attorney William
Rittenberg is available @ (504) 524-5555.

***

Oregon Schools Offer Students $1,000 Incentive To Snitch On Classmates

February 4, 1999, Portland, OR: Three Portland school districts will
begin paying students up to $1,000 to snitch on classmates who use
marijuana and other drugs at school, the Associated Press reported.

NORML Foundation Executive Director Allen St. Pierre criticized the
proposal. "Paying children $1,000 to become government spies in the war
against marijuana users is one of the most Orwellian government excesses
I can identify," he said.

Mayor Vera Katz unveiled the plan, dubbed the Campus Crime Stopper
program, two weeks ago. The paid-informant program will operate similar
to existing "crime-stopper" hotlines, but will be aimed exclusively
toward students who want to call the school police.

Similar programs already operate on school campuses in Charleston,
South Carolina and Thousand Oaks, California, the AP story said.

For more information, please contact Allen St. Pierre or Litigation
Director Tanya Kangas of The NORML Foundation @ (202) 483-8751.

				- END -
-------------------------------------------------------------------

Lockyer Task Force to Look at Medical Marijuana Law (The San Francisco
Chronicle says California's new attorney general, Bill Lockyer, invited about
35 law enforcement officials, health professionals, politicians and
medical-marijuana patient advocates to the state Justice Department's
Sacramento office yesterday for the first meeting of a new task force whose
mission is to clear up the legal questions still remaining more than two
years after the passage of Proposition 215.)

Date: Thu, 4 Feb 1999 19:13:55 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: MMJ: Lockyer Task Force to Look at Medical Marijuana Law
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Dale Gieringer http://www.norml.org/canorml/
Source: San Francisco Chronicle (CA)
Copyright: 1999 San Francisco Chronicle
Pubdate: Wed, 4 Feb 1999
Contact: chronletters@sfgate.com
Forum: http://www.sfgate.com/conferences/
Website: http://www.sfgate.com/chronicle/
Author: Marshall Wilson, Chronicle Staff Writer

LOCKYER TASK FORCE TO LOOK AT MEDICAL MARIJUANA LAW

Attorney General Bill Lockyer is attempting to clear up legal clouds caused
by the passage of the medical marijuana initiative.

Lockyer invited about 35 law enforcement, health and elected officials and
advocates for medical marijuana to the Justice Department's Sacramento
office yesterday for the first meeting of a new task force.

In contrast to his predecessor, Dan Lungren, Lockyer supports Proposition
215, which legalized marijuana for medical use under certain circumstances.

California voters passed Proposition 215 in November 1996. Yet Lungren and
the federal government moved quickly to shut down loosely organized pot clubs.

Lockyer spokeswoman Hilary McLean said her boss wants "to get sick people
the medicine they need and still work within the confines of current law.''

"If current law needs to be changed, find out what needs to be changed,''
McLean said.

Task force member Mike Nevin, a San Mateo County supervisor and former San
Francisco police officer, said he is encouraged by Lockyer's stance.

"He has open arms,'' Nevin said. ``Lockyer himself was a proponent of
Proposition 215. That makes a lot of difference.''

Nevin noted that health officials in San Mateo County are asking for
federal approval of a clinical study of the health benefits of medical
marijuana. Patients suffering from AIDS or HIV or undergoing chemotherapy
would smoke marijuana to see whether it relieves pain and stimulates
appetite as proponents say.

The proposed study would differ from one under way at San Francisco General
Hospital in that it would include cancer patients, not just those with HIV.
San Mateo County needs federal approval before distributing marijuana,
which is classified as a dangerous drug on par with heroin or cocaine.

Nevin said the study could help determine whether developing an inhaler,
similar to ones used by asthma patients, would "impact the immediate
nausea'' caused by some cancer treatments, for instance.

The task force is led by state Senator John Vasconcellos, D-San Jose, and
Santa Clara County District Attorney George Kennedy. The group has divided
into subcommittees to study the various issues raised by medical marijuana
and plans to meet again next month.
-------------------------------------------------------------------

Criminal Prosecution Body Count Grows In War On Medical Marijuana (Orange
County Weekly surveys local law enforcement officials' war on medical
marijuana patients, particularly the six-year sentence handed down last week
to Marvin Chavez of the Orange County Patient-Doctor-Nurse Support Group. Jim
Silva, the attorney for Chavez, said, "Judge Borris' decision took me
completely off-guard. It may change the whole political landscape. Marvin
only provided marijuana to patients or to undercover cops pretending to be
patients. But Judge Borris didn't even consider that as a mitigating factor
in his sentencing." Silva said the 30-page probation report used to justify
Chavez's sentence noted, "Mr. Chavez says he would continue to travel around
the state and 'educate' people about medical marijuana." Silva says "The
report makes it abundantly clear they don't want Marvin to exercise his
rights to free speech.")

Date: Sat, 6 Feb 1999 09:29:15 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Criminal Prosecution Body Count Grows In War On Medical
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Al Gilmore {overedge@asis.com}
Pubdate: Thu, 4 Feb 1999
Source: Orange County Weekly (CA)
Copyright: 1999, Orange County Weekly, Inc.
Contact: letters@ocweekly.com
Website: http://www.ocweekly.com/
Author: Nick Schou

CRIMINAL PROSECUTION BODY COUNT GROWS IN WAR ON MEDICAL MARIJUANA

Like the enigmatic psycho killer in the penultimate act of a hackneyed
horror flick - the maniac who mysteriously returns to life as soon as
the hero turns his back - Orange County's war on medical marijuana just
won't die. It dispatched its latest victim with stunning severity on
Jan. 29. To perform the honors, distinguished former county prosecutor
Carl Armbrust took a break from his retirement to attend the
sentencing of Marvin Chavez, the medical-marijuana activist convicted
last November of selling marijuana to undercover cops.

That afternoon, Judge Thomas J. Borris sentenced Chavez to six years
in jail, a punishment that stemmed from an undercover operation
directed by Armbrust's anti-narcotics task force against Chavez's
Orange County Patient-Doctor-Nurse Support Group. As he exited Orange
County's West Municipal courtroom in handcuffs, Chavez looked to his
defense attorney, Jim Silva, and said forgivingly, "That's all right."
Silva couldn't help but think of the old cliche about Orange County
that ought to be reserved for history books and not newspaper
articles: "Behind the Orange Curtain."

"I wasn't sure what that phrase meant until today," said Silva, who
lives in Venice, during a Jan. 29 interview. "Judge Borris' decision
took me completely off-guard. It may change the whole political
landscape. Marvin only provided marijuana to patients or to undercover
cops pretending to be patients. But Judge Borris didn't even consider
that as a mitigating factor in his sentencing."

Almost as disturbing as Borris' sentence, Silva said, was the 30-page
probation report used in Friday's hearing. Among other considerations,
such as the two previous narcotics-related felonies on Chavez's
record, the report noted, "Mr. Chavez says he would continue to travel
around the state and 'educate' people about medical marijuana."

"The report makes it abundantly clear they don't want Marvin to
exercise his rights to free speech," concluded Silva. "Orange County
is willing to use incarceration as a means to prevent Marvin from
educating people about medical marijuana. That is exactly the kind of
thing that Fifth Amendment [advocates] would find repugnant."

Silva isn't alone in his feelings about the current state of justice
in Orange County. In fact, many observers to the drama that unfolded
toward the end of Chavez's high-profile trial found themselves
struggling to comprehend the harshness of his prison sentence. On Jan.
31, The Orange County Register, which had previously both criticized
and praised Borris for the fairness of his courtroom rulings,
lambasted Chavez's sentence as "near criminal."

"This is the battleground," declared Mike Vardoulis, vice president of
the OC Hemp Council. "Orange County, for whatever reason, wants to
display the least amount of sympathy to medical marijuana users. It's
open season." Vardoulis claimed that sending activists like Chavez to
jail is part of a silent conspiracy by government officials to cover
up the medicinal benefits of cannabis. "It's gotten pretty obvious,"
said Vardoulis. "So many people have been arrested, sent to jail, and
are being denied access to their medication."

Chavez isn't the only casualty of California's ongoing war on medical
marijuana-just the latest. On Jan. 19, just 10 days before Chavez was
sent to prison, police in northern California arrested Steve Kubby,
who last year ran unsuccessfully for California governor on the
Libertarian Party ticket. Arrested at their home near Lake Tahoe, both
Kubby and his wife were charged with cultivation and possession of
marijuana plants, despite the fact that Kubby, one of the original
authors of Proposition 215, carries a doctor's note permitting him to
grow and smoke the drug.

Last year, David Herrick, a former San Bernardino County sheriff's
deputy, received a four-year prison sentence after being convicted of
several of the same charges that later were used by OC prosecutors
against Chavez. Herrick, who suffers from a back injury, is now being
held at Salinas Valley State Prison in Soledad, where he is reportedly
being denied access to his medication. He is also being denied
visits-or interviews-from reporters. Herrick's appeal is scheduled to
begin next month.

Meanwhile, the wheels of Orange County justice grind on. Of the three
individuals who risked their liberty to help sick Californians obtain
their legal medicine, two are now behind bars. On Feb. 3 the trial of
the third and final founding member of Orange County's now-defunct
Patient-Doctor-Nurse-Support-Group, Jack Schachter, began at the West
Municipal Court in Westminster. Like that of Marvin Chavez,
Schachter's case stems from Armbrust's undercover operation, which
relied on police officers posing as sick patients with doctors' notes
to trick Chavez into "dealing" baggies of marijuana marked "Not for
Sale-For Medicinal Use Only." If convicted, Schachter faces a maximum
sentence of several years in a state penitentiary.
-------------------------------------------------------------------

Kubby To Test State Pot Law (Tahoe World, in California, examines the
prosecution of Steve Kubby, the 1998 Libertarian candidate for governor, and
his wife, Michele. Both are Olympic Valley residents and medical-marijuana
patients and both are charged with possession of marijuana for sale,
cultivation of marijuana, and conspiracy. Christopher Cattran, the deputy
district attorney, said the approximately 300 marijuana plants found in four
grow rooms in the Kubbys' home "was for more than personal use." But then,
police also estimated the value of each plant at $14,000, so what do they
know? Kubby noted there is no limit to the amount of cannabis patients can
grow under Proposition 215. Michele Kubby said, "My husband has a terminal
illness. No one else has survived this illness. My question is, how much is
too much?")

Date: Fri, 5 Feb 1999 18:17:51 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: MMJ: Kubby To Test State Pot Law
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Steve Kubby
Source: Tahoe World (CA)
Copyright: 1999 Tahoe World
Pubdate: Thu, 4 Feb 1999
Page: Front Page with color photo of Steve and Michele
Website: http://www.tahoe.com/world/
Forum: http://www.tahoe.com/community/forum/
Contact: world@tahoe.com
FAX: (530) 583-7109
Mail: P.O. Box 138, Tahoe City, CA 96145
Note: Additional information on this story, to include defense fund
information, may be found at:
http://www.levellers.org/ammo.htm
Also: Some readers who visited the MAP's popular interactive, web browser
based, chat room last weekend had an opportunity to chat with Steve about
this case. You never know who will drop by to chat. For more details, just
press the CHAT ROOMS button at the bottom of the MAP home page at
http://www.mapinc.org/

KUBBY TO TEST STATE POT LAW

Sporting a pin in the shape of a red marijuana leaf, Steven Kubby pleaded
innocent on Thursday to all counts regarding the possession and cultivation
of marijuana in his Olympic Valley home.

"All of this is about growing our own medicine in the privacy of our own
home," Kubby said following his arraignment in Tahoe City last Thursday
morning.

Kubby, a California Libertarian Gubernatorial candidate, and his wife,
Michele, both Olympic Valley residents, were arrested Feb. 19 and charged
with possession of marijuana for sales, cultivation of marijuana and
conspiracy.

According to Kubby's attorney, Dale Wood, Kubby was growing marijuana for
medical purposes and thus, is protected by Proposition 215, more commonly
known as the compassionate use act.

"His physician had recommended and approved Kubby's use (of marijuana) in
writing in regard to his cancer situation," Wood said. "He's had adrenal
cancer for 22 years."

Kubby, fearing that authorities will track down his local physician,
refused to release the name of his doctor.

Under Proposition 215, patients and caregivers who "possess or cultivate
marijuana for medical treatment recommended by a physician are exempt from
criminal laws which otherwise prohibit the possession or cultivation of
marijuana."

Christopher Cattran, the deputy district attorney prosecuting the case,
said that due to the quantity of marijuana found at the Kubby's residence,
"it was for more than personal use."

Kubby, however, says there is no limit to the amount you can grow for
personal use under Proposition 215.

"My husband has a terminal illness," Michele Kubby said. "No one else has
survived this illness, my question is, how much (marijuana) is too much?"

According to a report from the North Tahoe Task Force, following a six
month investigation, four grow rooms were found in Kubby's home and
approximately 300 marijuana plants. The total street value of the
confiscated drugs is estimated at $420,000.

Kubby said the arrest did not surprise him.

"We knew they were surveilling us. We had a tip just like they had a tip on
us," Kubby said. "All the evidence against us was collected by spying
through our windows, going through our garbage, checking our utility bills
or going through our Internet connections."

Lt. Mike Allen, with the Nevada Division of Investigation, said he couldn't
comment on the investigation of Kubby's home, but he said the procedures
followed were not illegal.

"Everything we did in conducting our investigation was legally correct,"
Allen said.

Although the Kubbys could face three years in a state prison if convicted,
they're hoping this case will bring the issue of medical marijuana use to
light in both the political and public spectrum.

"We'd like this to open up discussions on state guidelines for Proposition
215," Michele said.

Kubby agrees.

"We're here to cast light on what is happening to seriously ill people,"
Kubby said. "We want to tell our supporters to keep cool and place their
faith in the law as we have. This case is the case that will put everything
on the table and get this settled once and for all."

The preliminary conference for the case is set for Feb. 22 at 10 a.m. in
Tahoe City.
-------------------------------------------------------------------

Some Good News Re: Peter Baez (A list subscriber forwards news
that a judge in San Jose County, California, ruled in favor of all three
motions heard today in the case of the former operator of Santa Clara
County's only medical marijuana dispensary.)

Date: Fri, 5 Feb 1999 12:40:10 EST
Errors-To: jnr@insightweb.com
Originator: friends@freecannabis.org
From: Remembers@webtv.net (Genie Brittingham)
To: Multiple recipients of list (friends@freecannabis.org)
Subject: Some Good News Re: Peter Baez

From: sccmcc@garlic.com (Jesse A Garcia)
Date: Thu, Feb 4, 1999
Subject: Some Good News Re: Peter Baez

Just wanted to update you on the latest round in the courts with Peter's
case. It will most likely be reported in the SF Chronicle Friday's
edition. We WON our three motions that the judge heard today.

#1) Motion to surpress evidence- The police falsified the search warrant that
was signed "under purgery of law"...MAJOR!!!

#2) Motion for Discovery- DA didn't want to release any evidence of the
Grand Jury instructions regarding the indigtment of Peter...The judge
ruled in our favor. They have to give us the evidence submitted, if any!

#3) Motion of Mergia- This is a case where Peter was being singled out
because of his being on the forefront of the Medical Marijuana movement
that the police and the DA went after Peter with accusations of housing
fraud...no one has ever been tried in a criminal court for alledgedly
not being eligible for HUD. The judge sided with us that Peter WAS in
FACT being discriminated against! YES, bases loaded.

The DA asked for a Stay on the Mergia, meaning that the DA now has to go
to the appelete court to see if they can even get a judge to hear their
case and then they have to convince the judge of INTENTIONAL fraud.
These matters of alleged housing fraud are usually dealt with
administratively and never criminally prosecuted. Usually the person has
to repay whatever was determined that they were not entitled to.
Thank God that the truth and LIGHT is finally shining upon us!!!

Last thing I wanted to mention. I attended the 215 Task Force meeting in
Sac on Tuesday. I feel that things are moving forward. There was a sense
of urgency to get things straightened out as quickly as possible and the
AG has garnered support form the other Attorney Generals from the other
5 states that passed Medical marijuana initiaives. Yes times are a changin'!

Take care.

Love and Light always, Jesse
-------------------------------------------------------------------

Court Says Airline, Rail Workers Can Sue for Disability Bias
(An Associated Press article in the Sacramento Bee says the 9th U.S. Circuit
Court of Appeals ruled Wednesday that an airline mechanic who was fired in
May 1996 for using Marinol, a prescription drug consisting of synthetic THC,
the primary cannabinoid in marijuana, can sue for disability discrimination.
The three-judge panel also ruled unanimously that the victim of drug testing
could also claim he was fired in violation of public policy, which could
bring punitive damages for emotional distress. Saridakis' doctor prescribed
Marinol to relieve the pain and insomnia he suffered from injuries.)

Date: Fri, 5 Feb 1999 09:03:56 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Court Says Airline, Rail Workers Can Sue for Disability Bias
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Pubdate: Thu, 4 Feb 1999
Source: Sacramento Bee (CA)
Copyright: 1999 The Sacramento Bee
Feedback: http://www.sacbee.com/about_us/sacbeemail.html
Website: http://www.sacbee.com/
Forum: http://www.sacbee.com/voices/voices_forum.html
Author: Bob Egelko Associated Press Writer

COURT SAYS AIRLINE, RAIL WORKERS CAN SUE FOR DISABILITY BIAS

SAN FRANCISCO (AP) -- An airline mechanic who says he was fired for using a
legal substitute for medical marijuana can sue for disability
discrimination, a federal appeals court has ruled in a case affecting
railroad and airline workers.

A federal judge had dismissed Spero Saridakis' suit against United
Airlines, saying workers in federally regulated transportation industries
must use union grievance procedures in such cases rather than suing in
court. Damages are much more limited in grievances than lawsuits.

But the 9th U.S. Circuit Court of Appeals ruled Wednesday that claims of
discrimination based on disability can be pursued in court, under federal
and state civil rights laws.

The court noted that it had previously allowed transportation workers to
sue for other types of discrimination, even when their union contract
contained grievance procedures for discrimination. The court also said one
other appeals court has considered the same issue and reached the same
conclusion.

Saridakis' lawyer, William Simpich, said the ruling was important because
"the whole trend (for employers) is to rely on any available means to
prevent workers from getting in front of a jury."

William Dritsas, a lawyer for the airline, said the ruling was "unfortunate
because it will continue to foster litigation and preclude parties from the
more informal grievance resolution process set forth under the collective
bargaining agreement."

Saridakis worked for United Airlines at San Francisco International Airport
from 1984 to 1996. He tested positive for cocaine in a random drug test in
1993. To keep his job, he agreed to submit to random drug tests for another
five years and refrain from taking illegal or "medically unauthorized"
drugs, the court said.

Around the same time, Saridakis' doctor prescribed Marinol to relieve the
pain and insomnia he suffered from injuries, the court said, quoting
allegations in the lawsuit. Marinol, a legal substance, contains THC, the
active ingredient in marijuana.

Saridakis said he passed the airline's drug tests for the next 2 1/2 years,
telling the medical review officer each time about the Marinol prescription
and never hearing an objection. But after a November 1995 test came back
positive, he said, he was told by the review officer that Marinol was
"unauthorized" for pain and insomnia. He was fired in May 1996.

His suit, claiming violations of the Americans with Disabilities Act and a
California anti-discrimination law, was dismissed by U.S. District Judge
William Orrick on the grounds that discrimination claims were covered by
the union contract. The appeals court disagreed.

The union contract "does not define the rights that exist under the ADA,"
which can be enforced without interpreting the contract, said Judge Michael
Hawkins in the 3-0 ruling. Citing a recent state Supreme Court decision,
Hawkins said Saridakis could also claim an illegal firing in violation of
public policy, which can carry damages for emotional distress and punitive
damages.

The court said it was making no judgment on the merits of the case, which
is still in the pretrial stage.

Simpich, Saridakis' lawyer, called him "another victim of the war on drugs"
and said one reason for his firing may have been his involvement in
needle-exchange programs to protect drug addicts from AIDS. Saridakis has a
small business in leather goods but would like to return to the airline,
Simpich said.

Dritsas, the airline's lawyer, declined to comment on Saridakis' factual
allegations, but said United "strongly believes that it did not
discriminate against this man."

The case is Saridakis vs. United Airlines, 97-17354.
-------------------------------------------------------------------

The Erosion Of Our Rights (San Diego Union Tribune columnist Joseph Perkins
writes in the Oakland Tribune about recent encroachments on civil liberties
carried out or sought by police in Buena Park, California, who stopped every
car looking for invalid licenses; by police in New York City, who want the
DNA of anyone arrested; and by police in three Northern California cities -
Palo Alto, Menlo Park and San Pablo - who want to keep "problem drinkers and
common drunkards" from being served by local merchants. One need not be soft
on crime to recognize that when the government is able to chip away at any of
our rights under whatever seemingly reasonable pretext, it is not long before
it finds other seemingly reasonable pretexts to further erode those rights
until those cherished rights no longer exist for all practical purposes.)

Date: Thu, 4 Feb 1999 14:00:38 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Column: The Erosion Of Our Rights
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Jerry Sutliff
Pubdate: Thu, 04 Feb 1999
Source: Oakland Tribune (CA)
Copyright: 1999 MediaNews Group, Inc. and ANG Newspapers
Contact: eangtrib@newschoice.com
Address: 66 Jack London Sq., Oakland, CA 94607
Website: http://www.newschoice.com/newspapers/alameda/tribune/
Author: Joseph Perkins,Columnist, San Diego Union Tribune

THE EROSION OF OUR RIGHTS

TO what lengths may police go -- reasonably -- to crack down on criminals?
That is the thorny question raised by several recent, controversial actions
taken (or contemplated) by keepers of the peace in several municipalities
throughout the country.

In Buena Park, for instance, the local constabulary set up a checkpoint to
identify individuals driving with invalid licenses. Officers stopped every
fifth car during the first day of the checkpoint. They found 20 motorists
driving with suspended or revoked licenses, or no license whatsoever. They
wrote 150 citations.

This is one case where yours truly actually agrees with the American Civil
Liberties Union. Ramona Ripston, executive director of the ACLU's Los
Angeles office, says that Buena Park cops were violating motorists' rights
because officers "have to have a reason for stopping someone like that."

Buena Park police disagree. "If we were stopping every car, then we might
run into problems," said Sgt. Joe Englehardt. "We are operating under the
same laws that you run into with drunk-driving checkpoints."

But it is questionable whether courts will agree.

Indeed, in 1987, the state Supreme Court upheld the legality of drunken
driver checkpoints, declaring, in its wisdom, that the public interest in
getting drunken drivers off the road outweighed the privacy rights of
motorists.

But there is no comparison between drunken drivers and drivers with invalid
licenses. Drunken drivers (most of whom happen to have valid licenses) pose
a clear and present danger to public safety, accounting for nearly 40
percent of annual traffic fatalities. Invalidly licensed drivers, however
malfeasant, don't even remotely pose a similar threat.

The question then is this: Is it reasonable for Buena Park police, or any
other police force, to abrogate the Fourth Amendment rights of law-abiding
motorists to identify those who are driving not drunk, but without a proper
license?

I think not.

For similar reasons, the civil libertarian in me also has qualms about a
proposal by New York City Police Commissioner Howard Safir that the Big
Apple's finest take a DNA sample from every person arrested in the five
boroughs.

As for the criminal suspects who are proven innocent, the New York police
commissioner assures that their DNA samples would be destroyed.

But the best way to protect the rights of the innocent (or the acquitted) is
to reserve DNA testing and profiling to those who actually have been
convicted of crimes, not those who are merely arrested (more than half of
whom are never actually convicted).

Then there's the campaign being waged by local police in three Northern
California cities -- Palo Alto, Menlo Park and San Pablo. The cops in these
cities have compiled lists of "problem drinkers and common drunkards,"
including their mug shots. They have asked local merchants to "volunteer"
not to sell them alcohol.

San Pablo Police Chief Douglas Krathwohl said his city's program was started
this past fall in response to problems caused by a band of drunkards who
patronized the same local liquor stores, using their monthly welfare and
disability checks to buy alcohol.

But unless these individuals are ex-cons who've been ordered to stay away
from liquor stores as terms of their probation, then it is hard to see how
police can post the names and faces of these individuals, whether in local
liquor stores, post offices or anywhere else.

EVEN problem drinkers and common drunkards have privacy rights.

What we are observing in Buena Park, in New York City, and in Palo Alto,
Menlo Park and San Pablo is the ongoing clash between law enforcement and
civil liberties. Police in these municipalities are counting on the fact
that most law-abiding citizens have little empathy for unlicensed drivers,
criminal suspects or public drunkards.

The authorities believe that few people will be troubled if police seize the
vehicles of these scofflaws for 30 days, take DNA samples from these
miscreants, or circulate the mug shots of these reprobates to merchants
advising them not to sell them alcohol.

But these kinds of measures, ostensibly aimed at enforcing law and order,
nonetheless amount to an assault upon privacy rights.

And one need not be soft on crime to recognize that when the government is
able to chip away at any of our rights (like privacy) under whatever
seemingly reasonable pretext (like cracking down on crime), it is not long
before it finds other seemingly reasonable pretexts to further erode those
rights until those cherished rights no longer exist for all practical
purposes.
-------------------------------------------------------------------

Major Ariz. Pot Smuggler Of '80s Is Buried After Shooting in Mexico
(The Arizona Daily Star says Manuel Federico Meraz Samaniego,
a former resident of Douglas who was convicted of running a
multimillion-dollar marijuana smuggling operation in the 1980s, was shot
and killed early Monday in a small farming village near Casas Grandes,
Chihuahua. According to Chihuahua police, Samaniego was shot in what is
believed to have been an ongoing dispute with another former drug kingpin.)

Date: Fri, 5 Feb 1999 11:32:52 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US AZ: Major Ariz Pot Smuggler Of '80s Is Buried After
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Pubdate: Thursday, 4 February 1999
Source: Arizona Daily Star (AZ)
Contact: letters@azstarnet.com
Website: http://www.azstarnet.com/
Author: Ignacio Ibarra

MAJOR ARIZ. POT SMUGGLER OF '80S IS BURIED AFTER SHOOTING IN MEXICO

DOUGLAS - A former Douglas man convicted of running a
multimillion-dollar marijuana smuggling operation in the 1980s was
shot and killed early Monday in Mexico.

Manuel Federico Meraz Samaniego, 50, better known in his world as ``El
Tepiro,'' was buried yesterday in Agua Prieta, Sonora.

He was shot about 2 a.m. Monday at his home in a small farming village
near Casas Grandes, Chihuahua.

According to Chihuahua Judicial Police investigators, Samaniego died
of a single gunshot in the left side of his upper torso. He was
allegedly shot by Francisco Ortiz Vargas, 34, in what is believed to
have been an ongoing dispute with the former drug kingpin.

Police discovered Ortiz's bullet-riddled body a short time later.
Investigators are looking into allegations that Ortiz's murder was an
act of vengeance committed by one of Samaniego's brothers.

Samaniego's drug-trafficking organization had gone on from the
mid-1970s until the mid-1980s. Investigators said that in just one
six-month period, the organization smuggled more than 45 tons of
marijuana valued at more than $21 million into the United States.

Samaniego's drug empire began to unravel with a 1983 raid on his
luxurious Douglas home. Although Samaniego escaped arrest in that
raid, he was captured by FBI agents in Pico Rivera, Calif., two years
later while visiting at his mother's home.

In 1986, he was convicted in Pima County Superior Court on charges of
selling, transporting and furnishing marijuana for sale and was
sentenced to 12 years in prison.

During the trial, he was portrayed by prosecutors as a ruthless drug
trafficker, but the court received many letters of support from people
who attested to his philanthropy among the poor in the border region.

One month later, he was convicted in U.S. District Court on federal
drug trafficking charges and sentenced to 15 years in prison.

A year later, Samaniego and another inmate escaped from the state
prison in Tucson by hiding in a storage box on a scrap-metal truck
leaving the prison.

In 1992, Samaniego, a Mexican citizen who had lived most of his life
as a legal resident in the United States, was paroled from the Arizona
Department of Corrections and turned over to the custody of the
Immigration and Naturalization Service for deportation as a criminal
alien.

Walter Nash III, who represented Samaniego in Arizona and in another
drug-trafficking case in New York, said that while some people who
engage in the drug business can be very violent, Samaniego was ``a
gentle and very mellow guy and a terribly devoted father.''
-------------------------------------------------------------------

3 Boston Police Officers Fail A First Drug Test (The Boston Globe
says the Boston Police Department, which implemented a policy Jan. 4
of drug testing all 1,500 patrol officers, confirmed yesterday that three
officers of 197 given hair tests so far had come up positive
for unspecified illegal substances.)
Link to 1/18/98 article, 'Hair Tests For Drug Usage Raising Concerns'
Date: Thu, 4 Feb 1999 03:34:31 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US MA: 3 Boston Police Officers Fail A First Drug Test Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Epeggs@aol.com Pubdate: Thu, 4 Feb 1999 Source: Boston Globe (MA) Copyright: 1999 Globe Newspaper Company. Contact: letters@globe.com Website: http://www.boston.com/globe/ Author: Daniel Vasquez, Globe Staff Page: B05 3 BOSTON POLICE OFFICERS FAIL A FIRST DRUG TEST The Boston Police Department, which began drug testing of all patrol officers for the first time a month ago, confirmed yesterday that three officers have tested positive for illegal substances in hair analysis performed last month. Testing began Jan. 4, and so far 197 of approximately 1,500 patrol officers have been tested for cocaine, marijuana, amphetamines, morphine, and heroin. If the three officers who tested positive flunk a second test, which they have the option of taking, then they will be suspended for 45 days, forced to attend drug rehabilitation classes, and subject to unannounced spot drug tests for three years. Police Commissioner Paul Evans vowed to crack down on any officer who flunks the second test. But Evans acknowledged that suspensions won't come immediately. ''It's a lengthy process where there's a likely to be some false positives,'' he said. Sergeant Detective Margot Hill, the department spokeswoman, would not discuss the cases specifically. But Hill said the three officers, whom she would not identify, ''have all opted for the second tests at their own expense.'' The test costs $125, and results will be known in about 10 days, she said. Hill would not say which drugs were found in the initial tests of the three officers. In August, after a prolonged contract battle with the Boston Police Patrolmen's Association, the department won the right to test police officers on their birthdays. In the past four years, only three officers have been suspended for drug use, Evans said. The low numbers reflect the fact that before the patrolmen's union accepted hair analysis testing, officials were able to test officers only when they had a reasonable suspicion, he said. ''To be honest, reasonable testing was not getting it,'' he said. ''I don't think we were dealing with the problem.'' Thomas J. Nee, president of the patrolmen's union, said he had not heard that any officers had tested positive. ''Listen, there are reputations at stake here, and mistakes can be made,'' Nee said. ''It's just too soon to convict anybody, and right now I can tell you we stand behind all of our officers.''
-------------------------------------------------------------------

Study strengthens smoking-cocaine-miscarriage link (The Associated Press says
a study in today's issue of the New England Journal of Medicine regarding 970
pregnant women who sought emergency room treatment for miscarriage or other
problems at the Hospital of the University of Pennsylvania in Philadelphia
found no link between marijuana or alcohol use and spontaneous abortion. The
report suggested smokers were almost twice as likely to miscarry as
non-smokers, and cocaine users were nearly 1 1/2 times as likely to miscarry
as non-users. Still, the link between cocaine use and miscarriage was not
entirely persuasive, said an accompanying editorial by Dr. James Mills of the
National Institute of Child Health and Human Development. The increased risk
was small, and other factors could have skewed the results. "One of the
things we have learned from this study is that self-reporting is far from
perfect," said Dr. Roberta Ness of the University of Pittsburgh School of
Public Health, the lead author of the report.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "_Drug Policy --" (when@hemp.net)
Subject: Study strengthens smoking-cocaine-miscarriage link
Date: Thu, 4 Feb 1999 19:41:13 -0800
Sender: owner-when@hemp.net

Thursday, 4 February 1999

Study strengthens smoking-cocaine-miscarriage link

The Associated Press

Pregnant women who smoke cigarettes or use cocaine have a higher risk of
miscarriage, the most common problem of pregnancy, a study has found.

While other studies have suggested a link, this was the first to use hair
and urine testing to determine women's drug use and smoking, instead of
relying on their own reports.

``One of the things we have learned from this study is that self-reporting
is far from perfect,'' said Dr. Roberta Ness of the University of Pittsburgh
School of Public Health, lead author of the study, which was reported in
today's New England Journal of Medicine.

Smokers are almost twice as likely to miscarry as non-smokers, and cocaine
users are nearly 1 1/2 times as likely to miscarry as non-users, according
to the study.

About 15 percent of pregnancies end in spontaneous abortions treated by
doctors, but many women do not seek medical care for early miscarriage.

The researchers looked at 970 women who sought emergency room treatment for
miscarriage or other problems at the Hospital of the University of
Pennsylvania in Philadelphia while they were less than 22 weeks pregnant.
Most of the women were black, poor and single, and had not received prenatal
care.

Four hundred suffered a miscarriage, while 570 carried their pregnancies
beyond 22 weeks.

Hair sample tests showed nearly 29 percent of the women who miscarried had
used cocaine, compared with 20 percent of women with continuing pregnancies.
Urine tests showed about 35 percent of the women who miscarried were
smokers, compared with 22 percent of the non-smokers.

In interviews, only 14 percent of the women who miscarried acknowledged
using cocaine, and only 30 percent acknowledged smoking cigarettes.

The researchers did an impressive job of isolating the effects of tobacco
and cocaine on fetal health, said Dr. James Mills of the National Institute
of Child Health and Human Development.

Still, the link between cocaine use and miscarriage was not entirely
persuasive, Mills wrote in an accompanying editorial. The increased risk was
small, and other factors could have skewed the results, he said.

The study found no link between alcohol or marijuana use and spontaneous
abortion.
-------------------------------------------------------------------

Drug Study At Odds With Drug Czar Findings (USA Today says a study released
Thursday by the American Bar Association found that increased drug arrests
and longer prison sentences had not impeded illegal drug use. The report used
statistics from several federal reports and surveys to find that illegal drug
use increased 7 percent from 1996 to 1997, to 14 million people. The report
contradicts a study earlier this year by the White House Office of National
Drug Control Policy. Barry McCaffrey, the ONDCP director, said he had not
seen the ABA study, but said the general issues it raised were being
addressed. There were 1.2 million Americans arrested on drug charges
in 1997.)

Date: Sat, 6 Feb 1999 14:54:16 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: USA TODAY: Drug Study At Odds With Drug Czar Findings
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: rlake@mapinc.org
Source: USA TODAY
Copyright: 1999 USA TODAY, a division of Gannett Co. Inc.
Pubdate: Thu, 4 Feb 1999
Website: http://www.usatoday.com/news/nfront.htm
Contact: editor@usatoday.com
Mail: 1000 Wilson Blvd., Arlington VA 22229
Author: Gary Fields, USA TODAY

DRUG STUDY AT ODDS WITH DRUG CZAR FINDINGS

WASHINGTON - Increased drug arrests and longer prison sentences have not
slowed illegal drug use, according to a study by the nation's largest
organization of lawyers.

In a study released Thursday, the American Bar Association's Criminal
Justice Section found that illicit drug use increased 7% from 1996-1997 to
14 million people.

The report is based on statistics from several federal reports and on
surveys on incarceration and drug use.

Drug use in the ABA study means use of drugs - not including alcohol - in
the month before a person was surveyed.

The study, which included adults, contradicted results of a study earlier
this year by the White House Office of National Drug Control Policy.

That study showed drug use by youths in decline.

The ABA study found that 1.2 million people were arrested on drug charges
in 1997, a 73% increase over the number of people arrested in 1992.

The increase in arrests resulted in no decrease in drug use, the study says.

Myrna Raeder, chairwoman of the ABA's Criminal Justice Section, says the
statistics suggest the policy of arrest and incarceration ''does not work.''

Barry McCaffrey, director of the Office of National Drug Control Policy,
said he had not seen the ABA study.

But he said the general issues it raised are being addressed. He said his
office's priorities are education and treatment of inmates with drug
problems.

McCaffrey's office began a multimillion-dollar advertising campaign last
year designed at reaching teen-agers and their parents.

He said treatment is the second key: ''We have 1.8 million people behind
bars and probably 50% to 80% of them have compulsive drug or alcohol
problems, or both.

''The bottom line . . . is they are going to come out unemployable and
still addicted. If you don't put them in drug treatment, you're kidding
yourself,'' McCaffrey said.

Jim Pasco, executive director of the Fraternal Order of Police, the
nation's largest organization of law officers, says the study shows the
need to stop drugs before they get into the country and onto the streets.

''Everybody gets gratification about seeing drug dealers taken off the
corners,'' Pasco says.

''But, we need to do something about the folks getting the drugs to them
and making the business so lucrative,'' he says.

Marc Mauer, assistant director of the Sentencing Project in Washington,
D.C., says he was not surprised by the ABA study.

He says drug crimes, more than most other offenses, ''are much less
affected by tough sentencing policies.

''If you have a serial rapist in the neighborhood and convict that person .
. . nobody is going to replace that rapist. But if you arrest a kid on
street corner and put him in prison five years, 20 minutes after you take
him away, there will be another kid on that corner,'' he says.

''As long as we don't address the demand side of this problem,'' Mauer
says, ''it will be exceedingly difficult to address it from the supply
side.''
-------------------------------------------------------------------

Keep Financial Privacy, New Legislation Urges (The Denver Post says U.S.
Representative Ron Paul, the Texas Republican, unveiled a far-reaching
legislative package Wednesday that would, among other things, block proposed
anti-money-laundering rules that would track the habits of bank customers. At
least two federal banking agencies are reconsidering the proposed "Know Your
Customer" rules in response to the public outcry that started in December.)

Date: Tue, 9 Feb 1999 04:49:37 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Keep Financial Privacy, New Legislation Urges
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: 4 Feb 1999
Source: Denver Post (CO)
Copyright: 1999 The Denver Post
Contact: letters@denverpost.com
Website: http://www.denverpost.com/

KEEP FINANCIAL PRIVACY, NEW LEGISLATION URGES

WASHINGTON - Citing complaints that new rules could turn every bank teller
into a cop, a Texas lawmaker is proposing legislation aimed at protecting
the financial privacy of Americans.

The far-reaching legislative package unveiled Wednesday by Republican Rep.
Ron Paul would, among other things, block proposed anti-money-laundering
rules that would track the habits of bank customers.

At least two federal banking agencies are reconsidering the proposed "Know
Your Customer" rules in response to the public outcry that started in
December. The Federal Deposit Insurance Corp., for example, had received
more than 14,000 e-mail messages and letters opposing the proposal as of
Friday.

Privacy advocates, conservative groups, ordinary people and the nation's
bankers themselves have complained that the rules would transform every
bank teller into a cop.

"We proclaim that American citizens have the right to be free of the
snooping, spying, prying eyes of government bureaucrats," Paul told
reporters. He said his legislation would "give Americans the peace of mind
that comes from knowing that their every financial step is not being filed
away and viewed as potentially criminal."

Paul said about a dozen lawmakers, including House Republican Whip Tom
DeLay of Texas, had agreed to join him as co-sponsors of the bill to stop
the "Know Your Customer" rules.

But the other two measures in his package - to repeal the Bank Secrecy Act
and to let people see the files on them created by the federal Financial
Crimes Enforcement Network - hadn't attracted any co-sponsors yet and
legislative prospects were clouded.

The Bank Secrecy Act of 1974 obligates banks to report customers' cash
transactions of $10,000 or more to law enforcement authorities. Paul said
the law has failed to help catch drug dealers, who "are smarter than most
bankers."

Paul, a physician who is on the House Banking Committee, once ran for
president as the Libertarian Party's nominee. His strict constitutionalist
beliefs routinely put him at odds with his fellow Republicans.

Paul maintains that the "Know Your Customer" rules violate the Fourth
Amendment prohibition against unreasonable search and seizure.

The proposed regulations would require banks to verify their customers'
identities, know where their money comes from, and determine their normal
pattern of transactions. The current requirements for banks to report any
"suspicious" transactions to law enforcement authorities would be expanded.
-------------------------------------------------------------------

Hitting A Wall Of Opposition (According to the Chicago Tribune, federal
regulators said Wednesday in Chicago that the "Know Your Customer"
regulations proposed for U.S. banks would be rewritten or even scrapped
because of public outcry.)

Date: Fri, 5 Feb 1999 12:26:04 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US IL: Hitting A Wall Of Opposition
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Steve Young
Pubdate: Thur, 4 Feb. 1999
Source: Chicago Tribune (IL)
Copyright: 1999 Chicago Tribune Company
Contact: tribletter@aol.com
Website: http://www.chicagotribune.com/
Forum: http://www.chicagotribune.com/interact/boards/
Author: Melissa Wahl
Section: Business

HITTING A WALL OF OPPOSITION

A proposal that would force banks to keep closer track of customers'
transactions and report them to the government will be rewritten or even
scrapped because of public outcry, federal regulators said Wednesday in
Chicago.

The proposed rule, designed to combat money laundering and other illegal
activity, has encountered opposition from bankers, privacy advocates and
citizens who say it would turn banks into government spies and put
unnecessary regulatory burdens on the industry.

Richard Small, the Federal Reserve official who drafted the proposed rule,
said it has been misinterpreted and that he has "nobody but myself to blame
for that." He and two other government officials were part of a panel
discussion on the proposal at the Fairmont Hotel.

"Will this proposal go away? There's a good question about that," Small told
a group of about 200 bankers gathered by accounting firm KPMG. He declined
to comment further on what the Fed and other bank regulators might do,
because the public comment period for the proposal remains open until March
8.

Small said the plan was simply intended to formalize what banks do already:
identify their customers and watch for possible criminal transactions, which
could come in the form of extraordinarily large deposits or withdrawals.

That can help the government sniff out illegal activity such as money
laundering, the practice of making illegally acquired cash look as if it
were acquired legally. It is a multibillion-dollar problem that is prominent
in the U.S. because of the drug trade.

For years, banks have been required to file suspicious-activity reports when
they suspect possible criminal wrongdoing in transactions. Regulators and
law enforcement officials review the reports; roughly 200,000 have been
filed nationwide since mid-1996.

Many bankers have complained that they do not have clear guidance about when
to file such reports, Small said.

The regulation he drafted was meant to straighten that out, but it has
backfired badly.

As it stands, the proposed rule would order banks to keep track of
customers' typical transactions and report inconsistent activity. No minimum
dollar amounts are given, and it is unclear how inconsistent a transaction
would have to be to trigger a suspicious-activity report.

Small said he and other regulators never meant for the government to receive
more reports about bank customers. "If anything, we want fewer," said Lester
Joseph, a panelist from the criminal division of the U.S. Justice
Department, who said the government lacks resources to investigate
additional suspicious-activity reports.

The industry and consumers have not interpreted the proposal that way,
seeing it instead as an Orwellian infringement on privacy.

The Federal Deposit Insurance Corp., the only regulator among those
proposing the rule that is accepting comments via e-mail, has received the
most: As of Wednesday, it had received more than 17,000, with roughly only
one in 1,000 favoring the proposal.

The American Bankers Association, the American Civil Liberties Union and
members of Congress have spoken out against the proposal. In Washington on
Wednesday, Rep. Ron Paul (R-Texas) unveiled a legislative package that would
block the proposed rule.

Small shared excerpts from several of the roughly 20,000 comments that bank
regulators have received so far in opposition to the proposal.

Two of the comments he read likened the proposed rule to something Adolf
Hitler would have done; another expressed concern that a large deposit made
to a checking account after a Tupperware party would have to be explained if
it fell outside the realm of a customer's ordinary transactions.

But Small said the comments are a sign of how wrong critics are about the
proposal's intent. For most banks, the rule would mean simply formalizing
processes they already have in place. In fact, some banks already collect
and analyze far more information than the proposal asks--"more than many are
willing to admit," Small said--as part of their marketing programs.

Three bankers on the panel, the only speakers to win applause during the
three-hour session, retorted that the proposed rule, as written, oversteps
Small's stated intentions.

When panelist Gerald Janiak, project manager for Bank One Corp.'s so-called
know-your-customer program, asked if any bankers in the room were
comfortable with the proposed rule, no one raised a hand.

Another banker, Oak Brook Bank Chairman and CEO Richard Rieser, asserted
that the proposal asked banks to spy on their customers.

"Under the know-your-customer plan . . . the government is ordering a
systematic dragnet search of every customer's records," Rieser said.

Ruth Robb, a compliance manager with Harris Bank in Chicago, said the
proposal "is so general and so broad that it would impose undue hardship on
most banks."

The firestorm against the proposed rule has even spread overseas. Patrick
Moulette, executive secretary of the Financial Action Task Force on Money
Laundering in Paris, said in a telephone interview that he has received hate
e-mail on the matter, including one message he considered physically
threatening.

The group, based at the Organization for Economic Cooperation and
Development, is the world's primary multilateral task force against money
laundering.

The U.S. already complies with his group's recommendations for fighting
money laundering, although Moulette said that clarifying details about
suspicious-activity reporting would be a good next step. Moulette admitted
he had only heard about the proposal and not read it, but said, "It does not
sound very revolutionary." He said he finds the uproar, and the recent
messages he received, "quite surprising."
-------------------------------------------------------------------

GOP Wants Drug Smuggling Stopped (The Associated Press recounts recent
Republican agitation for increased interdiction efforts in the war on some
drug users. About 14 percent of President Clinton's proposed budget for 2000
would go to interdiction programs, compared with nearly 18 percent in 1999.
The wire service fails to point out who wins when traffickers' cost of
increasing production is cheaper than the government's cost of increasing
interdiction.)

Date: Fri, 05 Feb 1999 10:43:01 -0500
From: Scott Dykstra (rumba2@earthlink.net)
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Subject: GOP Wants Drug Smuggling Stopped
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org

08:42 PM ET 02/04/99
GOP Wants Drug Smuggling Stopped

By ANICK JESDANUN
Associated Press Writer

WASHINGTON (AP) - House and Senate Republicans accused President
Clinton on Thursday of failing to get tough on drugs by funding
programs to stop smuggling from other nations.

Rep. Porter Goss, R-Fla., called Clinton's drug policy one of
``Just say maybe'' rather than ``Just say no.''

``The only way we can win this is to just say `no,''' he said at
a news conference. ``This is a serious war. This is not a war you
just say `maybe' about. This is a war you win.''

Clinton's budget proposal for fiscal 2000 seeks $17.8 billion
for drug-fighting programs, a slight decrease from the $17.9
billion this year, which includes $844 million in emergency
supplemental funding.

About 14 percent of the 2000 funding would go to international
and interdiction programs, compared with nearly 18 percent in 1999.

``As this number goes down, the supply goes up,'' said Sen. Paul
Coverdell, R-Ga. ``As the supply goes up, the price goes down. As
the price goes down, use goes up. That's why interdiction is useful.''

Jim McDonough, director of strategy at the White House Drug
Control Office, said the administration had a planned approach that
balanced both sides of the drug equation.

``The theory is, if there's no demand there's no supply. The
more you can lower demand you really can cut supply,'' he said.

In particular, Republicans were upset they could find no
evidence that Clinton funded a special program that Congress and
the White House agreed to last fall.

That law authorizes more than $2 billion over three years for
equipment, training and other interdiction tools for the Coast
Guard and other agencies.

Rep. Bill McCollum, R-Fla., chairman of the House Judiciary
subcommittee on crime, called the omission a travesty.

``We are not even beginning in the president's plan to wage the
kind of war we said a couple of months ago we should do,'' McCollum
said.

McDonough did not have specifics on those line items, but he
said that the overall cuts Republicans decried compared a regular
year's funding with extra, supplemental funding added at GOP
insistence.

Without the supplemental funding, the overall budget would
increase in 2000, and the percentage for interdiction would remain
roughly the same.

Last fall's anti-drug law included provisions that mandated the
use of foreign aid as leverage to urge other nations to keep up
anti-drug efforts, upgraded some technology and intelligence tools
that American law enforcement officers use in intercepting illegal
drugs and provided U.S. aircraft and helicopters to Bolivia,
Colombia and Peru to help eradicate drug crops.
-------------------------------------------------------------------

Drug Approved To Fight Heroin Addiction (The Daily Telegraph, in Australia,
says the Australian Drug Evaluation Committee has approved the anti-addiction
drug Naltrexone, which can rescue heroin and alcohol addicts from their
deadly habits. The drug, to be marketed as Revia, will be available by
prescription beginning in March. The drug reportedly can remove cravings and
is seen as superior to methadone, which is a replacement for, not a counter
to, dangerous drugs. Previously, Naltrexone has been available only in trials
of rapid detoxification programs. Desperate heroin addicts have paid up to
$30,000 for treatments in the US and Israel.)

Date: Fri, 5 Feb 1999 21:20:18 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: Drug Approved To Fight Heroin Addiction
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW)
Pubdate: Thu, 4 Feb 1999
Source: Daily Telegraph (Australia)
Contact: dtmletr@matp.newsltd.com.au
Website: http://www.dailytelegraph.com.au/
Copyright: News Limited 1999
Author: Malcom Farr, in Canberra

DRUG APPROVED TO FIGHT HEROIN ADDICTION

THE anti-addiction drug Naltrexone, which can rescue heroin users and
alcoholics from their deadly habits, will be available on prescription
from March.

The Daily Telegraph has learned the Australian Drug Evaluation
Committee approved the drug amid mounting national frustration over
the battle against the spread of heroin.

It can remove cravings and is seen as superior to methadone which is a
replacement for, not a counter to, dangerous drugs.

Previously it has only been available in trials of rapid
detoxification programs. Desperate heroin addicts have paid up to
$30,000 for treatments in the US and Israel.

But it will be available soon through GPs for as little as $180 a
month to help people who have been through detoxification courses to
maintain their fight against addiction.

The latest Commonwealth Gazette describes it as "an aid in the
maintenance of previously opiate-dependent patients who have ceased
the use of opioids such as heroin and morphine".

A Therapeutic Goods Administration spokesman yesterday confirmed
Naltrexone had been approved for registration.

"Approval of Naltrexone enables any doctor, including general
practitioners, alcohol and drug specialists to prescribe Naltrexone as
a prescription-only product for heroin and alcohol addiction but not
for rapid detoxification," the spokesman said.

"Approval does not affect any current trials but information from the
trials will help determine more fully the role of the drug
particularly regarding . . . comparison with other heroin addiction
treatments."

Naltrexone, to be marketed as Revia, is a controversial anti-opiate
which, it has been claimed, can cure cravings.

Australian medical authorities have been divided about the benefits of
the drug for "cold turkey" treatment of heroin addicts.

Australian trials have involved patients undergoing a four-hour rapid
detox with the drug under general anaesthetic and taking Naltrexone
tablets for up to a year.

Up to 150 heroin users in Queensland have been involved in a $500,000,
two-year trial of the drug since January.

A Perth-based trial last year reported success rates of up to 90 per
cent, with the same result from the Rapid Detox Centre in Sydney. But
a pilot program at Sydney University last year found only 30 per cent
of patients emerged drug-free.

NSW Health Minister Andrew Refshauge told Parliament in September that
the drug was more successful in treating methadone users than heroin
users.

Naltrexone's Australian distributor, Orphan Australia, yesterday
confirmed the drug would be launched on March 1. Orphan managing
director Alastair Young said the drug would retail for between $180 to
$280 for a month-long supply of a once-a-day tablet to addicts.

He said the company would seek approval for listing it on the
Pharmaceutical Benefits Scheme which could lower the price

dramatically.

"Doctors will use it as they see fit," he said. "But it needs to be
part of a complete package involving counselling, family support and
supervision by the physician."
The Australian Medical Association said yesterday it would support
moves to have the drug on the PBS and endorsed its use for alcoholics.

AMA federal president Dr David Brand said there was strong evidence to
support Naltrexone usefulness in treating alcoholism.

"It is available but not for rapid detoxification programs," he said.
"It is a new weapon for doctors to use for patients who abuse alcohol
and it has very few, if any, side effects."

Alcohol and Other Drugs Council of Australia chief executive David
Crosbie also welcomed the registration of Naltrexone.

"This treatment will be of benefit to some people but our only concern
is people use the drug appropriately," he said yesterday. "We are
concerned the drug will be seen as the total solution but it has to be
used in conjunction with other support.

"It may be effective while people are taking it but people need
support to keep taking it."

Mr Crosbie said between 5 and 10 per cent of adult Australians had
alcohol-related problems - or between 700,000 and 1.4 million people.
-------------------------------------------------------------------

Needle Swap Could Get Nod (The Age, in Melbourne, Australia,
says that after the newspaper revealed yesterday that a teenager
whom authorities knew was HIV-positive was sent to the Malmsbury youth
training centre, where he shared a syringe with six other boys, the state
government indicated it was prepared to consider experimenting with needle
exchange programs in juvenile jails. The opposition party called instead
for the appointment of a panel of experts for advice on the issue.)

Date: Fri, 5 Feb 1999 21:20:08 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: Needle Swap Could Get Nod
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW)
Pubdate: Thu, 4 Feb 1999
Source: Age, The (Australia)
Contact: letters@theage.fairfax.com.au
Website: http://www.theage.com.au/
Copyright: 1999 David Syme & Co Ltd
Author: Nicole Brady, Social Policy Reporter

NEEDLE SWAP COULD GET NOD

The State Government yesterday indicated it was prepared to consider
testing needle exchange programs in juvenile jails, as the Opposition
called for it to appoint an expert panel for advice on the issue.

After The Age revealed yesterday that a teenager whom authorities knew
was HIV-positive was sent to the Malmsbury youth training centre,
where he shared a syringe with six other boys who have since tested
negative, the Youth and Community Services Minister, Dr Denis
Napthine, said he would meet drug rehabilitation experts.

If they recommended testing needle exchange programs in juvenile
custody centres, then the Government would consider doing so, Dr
Napthine said.

"Needle exchange programs (have) to be seen in the total context where
... we recognise that drugs are dangerous and illegal, and at this
stage we have a zero-tolerance approach in our juvenile justice
facilities, and we have a very high emphasis on rehabilitation and
education," he said.

"If the experts are proposing that a needle exchange program can fit
into that sort of policy and be of added benefit, then I'm prepared to
consider it."

He praised community-based needle exchange programs as a responsible
service that had reduced the spread of HIV and hepatitisC, but said
there was an argument that a needle exchange in a youth custody centre
might undermine rehabilitation efforts by appearing to condone drug
use.

Dr Napthine said he would meet Professor Margaret Hamilton, director
of Turning Point, and Mr Paul McDonald, the chief executive of the
Youth Substance Abuse Service - who this week told The Age that while
authorities had to continue to try to prevent drugs from being
smuggled into jails, policies also had to recognise that adult and
juvenile prisoners were using drugs and sharing needles.

They called for consideration of needle exchange programs in custody
centres to curb the transmission of blood-borne viruses.

The Opposition's youth and community services spokesman, Mr John
Thwaites, said the Government should immediately appoint an expert
committee to make recommendations on strategies.

"If they recommend that there ought to be needle exchange programs,
then we would support it," he said.

"The Government set up the Penington report with the purpose of
bringing forth recommendations to reduce problems caused by drugs. It
makes sense to set up an expert committee to target the drug problem
in juvenile justice."

Proposals for a needle exchange trial were met with caution by the
Community and Public Sector Union, which represents prison guards.

The union expressed concerns about syringes being used as weapons to
threaten guards and other inmates.

A spokesman, Mr Julian Kennelly, said the proposal was a "quantum
leap" in Government policy considering that tobacco was banned in
juvenile custody centres, but indicated there might be room for discussion.

"The union is happy for the Government to talk to whoever they want
and get advice, and we would demand that that include the staff," he
said.

"They would need to take into account in any discussion about changing
their policies the health and safety concerns of employees."

He called for staff levels to be increased to help prevent drugs from
being smuggled into juvenile jails.

Drug and health experts have acknowledged the difficulties in devising
strategies to prevent the spread of blood-borne viruses in prisons.
But they have also called on politicians not to be paralysed by the
complexity of the problems.

Dr Napthine said yesterday the Government had never shirked hard
decisions.
-------------------------------------------------------------------

There Must Be An Election Due Soon (A letter to the editor of the Canberra
Times, in Australia, explains why Andrew Refshauge, the New South Wales
Health Minister, didn't have the public's best interests in mind when he
suspended a needle-exchange program in Redfern after a photo appeared in the
Sun-Herald the day before showing an as-yet unidentified boy injecting an
unknown substance.)

Date: Fri, 5 Feb 1999 21:20:11 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: PUB LTE: There Must Be An Election Due Soon
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Russell.Ken.KW@bhp.com.au (Russell, Ken KW)
Pubdate: Thu, 4 Feb 1999
Source: Canberra Times (Australia)
Contact: letters.editor@canberratimes.com.au
Website: http://www.canberratimes.com.au/
Author: Peter Watney

THERE MUST BE AN ELECTION DUE SOON

"PHOTO sparks outrage at youth drug abuse" (CT, February 1, p.3)
copies a photo appearing on Page 1 of the Sun-Herald of the day before.

Apparently as a result of seeing that photo, NSW Health Minister
Andrew Refshauge suspended the operation of a Redfern needle exchange.

It was not possible for the minister to establish within that short
time that the needle apparently being used to inject a substance into
an as-yet unidentified boy had been supplied by the suspended needle
exchange, or even that the substance being injected was heroin.

Needle exchanges were established in 1987. According to Professor
Richard Peachem, chief health adviser to the World Bank, who reviewed
Australia's AIDS program in 1995, Australia's $10 million per year
spent on the needle and syringe program had by then prevented 2900 HIV
infections and saved $270 million. No evidence has been produced since
1995 that needle exchanges have ceased their work of salvation, and
all the available evidence suggests that the savings have continued
and have escalated.

Those savings result from the prevention of blood-borne diseases being
passed from user to user by means of shared needles. The evidence has
also been that they have not resulted in increased use or abuse of
drugs.

The photo provides absolutely no justification for the summary
suspension of a needle exchange quite the reverse.

There must be an election in the offing.

PETER WATNEY
Holt
-------------------------------------------------------------------

McLeish Set To Create A Taskforce Of Drug Busters (The Scotsman says Henry
McLeish, the Scottish home affairs minister, will create a taskforce to
oversee a new multi-million pound campaign against "drugs." Under the
proposals, the Scottish Crime Squad - which already spends 90 per cent of its
time tackling drugs, at an annual cost of 7 million - would be doubled in
size from 100 to 200 officers to create a new Drug Enforcement Agency. Drugs
squads in the eight individual police forces in Scotland would also be
increased in strength by 100 officers. Mr McLeish has also proposed changing
the law to allow the civil courts to confiscate the assets of suspected drug
dealers, a system already in place in the republic of Ireland and in the US.)

Date: Fri, 5 Feb 1999 06:34:10 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: UK: Mcleish Set To Create A Taskforce Of Drug Busters
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Martin Cooke (mjc1947@cyberclub.iol.ie)
Pubdate: 4 February 1999
Source: Scotsman (UK)
Copyright: The Scotsman Publications Ltd
Contact: Letters_ts@scotsman.com
Website: http://www.scotsman.com/
Forum: http://www.scotsman.com/
Author: Jenny Booth, Home Affairs Correspondent

MCLEISH SET TO CREATE A TASKFORCE OF DRUG BUSTERS

A ministerial taskforce will be created to oversee a new multi-million
pound campaign against drugs, it was announced yesterday.

Henry McLeish, the Scottish home affairs minister, has pledged that he
and his fellow ministers will work in a more targeted way to punish
drug dealers and bolster communities.

Opinion polling has shown that Scots regard drugs as one of the
biggest threats facing society, and that there is a general mood in
favour of more focused, immediate action.

"Tackling drugs requires maximum co-ordination across the highest
level of government," said Mr McLeish.

"That is why we need a ministerial taskforce to look at the four
elements of enforcement, education, effective treatment and social
exclusion."

On enforcement, Mr McLeish has consulted chief constables with a view
to doubling the number of drugs detectives in Scotland.

Under the proposals, the Scottish Crime Squad - which already spends
90 per cent of its time tackling drugs, at an annual cost of UKP7
million - would be doubled in size from 100 to 200 officers to create
a new Drug Enforcement Agency.

Drugs squads in the eight individual police forces in Scotland would
also be increased in strength by getting an extra 100 officers. Local
drugs squads would use intelligence gleaned from grassroots policing
to work closely with the DEA.

Mr McLeish has also proposed changing the law to allow the civil
courts to confiscate the assets of suspected drug dealers, a system
already in place in the republic of Ireland and in the US. Money
confiscated from suspected dealers would be used for community
projects and more effective treatment and rehabilitation for drug addicts.

"We need greater investment in drugs work in the wider community - Sam
Galbraith [the Scottish health minister] is doing that but we need
more," added Mr McLeish, speaking at a press conference at Longriggend
remand institution for young offenders.

"Helen Liddell [the Scottish education minister] will be making
further announcements next week on drugs education in every school in
Scotland, starting with a younger age group than is currently the case."

Prisoners at Longriggend - who cannot be named for legal reasons -
said that up to 80 per cent of the youngsters held at the institution
were drug users.

One 18-year-old Glasgow youth charged with murder, whose wrists were
scarred from many previous attempts at self-harm and suicide, told how
he had first taken drugs at the age of eight.

Another 18-year-old told how his spiralling list of charges for theft
and shoplifting were all committed to pay for his heavy use of heroin,
temazepam and valium.

Mr McLeish said that tackling social exclusion was a key way of
protecting communities from drugs, because of the proven links between
deprivation, crime and drugs.

"Virtually every one of the young people here on remand are from
backgrounds that could be described as deprived, disadvantaged or
socially excluded," said Mr McLeish.

"We need to work on better housing, creating jobs and opportunities
for young people and tackling homelessness as part of our long-term
agenda."

Other political parties have also been making policy statements on
drugs in the last week. Annabel Goldie, the deputy leader of the
Scottish Conservatives, has proposed confiscating all the possessions
of convicted drug dealers, and removing the right to bail of anyone
who is suspected of dealing drugs.

She has also called for specialised drugs courts to deal out
fast-track justice.

The Scottish National Party has called for a separate "drugs tsar" for
Scotland, and for the Scottish parliament to set up a standing
committee on drugs.

But Dave Liddell, the director of the Scottish Drugs Forum - an
umbrella agency which represents drugs projects throughout Scotland -
warned that the latest research evidence from England and the United
States showed that the most effective way to reduce drug use and
protect communities was to spend more on treatment and
rehabilitation.

One pound spent on treatment had been shown to save UKP3 in future
costs to the health service and criminal justice system, said Mr Liddell.

Mr McLeish has suggested that delegates from the Scottish parliament
should go on a fact-finding mission to the United States to study
innovative development on tackling drugs in cities like New York,
where drug use has been cut by 50 per cent.
-------------------------------------------------------------------

Chirac Calls For EU To Harmonise Anti-Drug Laws (Reuters says French
President Jacques Chirac told an audience in Lisbon, Portugal Thursday that
illegal drug use in Europe was reaching "dramatic" levels, and urged European
Union members to agree on common laws to help fight the problem - which he
previously has identified as the Netherlands.)

Date: Sat, 6 Feb 1999 09:16:00 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: WIRE: Chirac Calls For EU To Harmonise Anti-Drug Laws
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: Thu, 04 Feb 1999
Source: Reuters
Copyright: 1999 Reuters Limited.

CHIRAC CALLS FOR EU TO HARMONISE ANTI-DRUG LAWS

LISBON, Feb 4 (Reuters) - French President Jacques Chirac, warning
that illegal drug use in Europe was reaching dramatic levels, urged
European Union members on Thursday to agree common laws to help fight
the problem.

"It is not acceptable that European laws in this area are not
harmonised," he said during a visit to the European Monitoring Centre
for Drugs and Drug Addiction in Lisbon.

Although Chirac did not point the finger at any of France's EU
partners, Paris has been critical in the past of the more liberal
stance on drug-taking adopted by countries such as the
Netherlands.

"Europe must be aware of the severity of the problem," he said, adding
that the EU must dedicate sufficient resources and effort to fighting
"this drama."

The Monitoring Centre was set up in 1995 with the aim of gathering
information on drug abuse across Europe.

Chirac, who arrived in Portugal on Thursday for a 48-hour visit, said
the Centre was playing a vital role in building up the knowledge
needed to fight the problem effectively.
-------------------------------------------------------------------

Doping Summit Ends In Disarray (The Associated Press says the International
Olympic Committee "drug summit" in Lausanne, Switzerland, which ended
Thursday, laid the groundwork for major anti-drug initiatives in the future.
But AP editorializes that what progress was made fell far short of the tough,
immediate action the IOC needed to reassert its legitimacy. The IOC had to
back off the two main planks of the meeting: creating an international
anti-doping agency and imposing a mandatory minimum two-year sanction for
positive drug tests.)

Date: Fri, 5 Feb 1999 06:26:34 -0800
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Switzerland: Wire: Doping Summit Ends In Disarray
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: Thu, 04 Feb 1999
Source: Associated Press
Copyright: 1999 Associated Press
Author: Stephen Wilson, AP Sports Writer

DOPING SUMMIT ENDS IN DISARRAY

LAUSANNE, Switzerland - No matter how hard they tried to claim
victory, International Olympic Committee leaders couldn't disguise the
reality: Their authority has eroded even further.

In a blunt rejection of that leadership, the 15 European Union
governments refused to accept a watered-down final resolution at the
Olympic drug summit, which ended Thursday.

Their stance was a sharp setback for the IOC and its president, Juan
Antonio Samaranch, as they struggled to regain credibility in the wake
of the Salt Lake corruption scandals.

"These issues are bigger than the IOC," British Sports Minister Tony
Banks said. "It might come as a surprise to the IOC to find there is
actually something bigger than the IOC, but there is."

The U.S. Olympic Committee, the IOC's most important national branch
and a consistent ally of Samaranch, offered only lukewarm support.

When Samaranch called the meeting a "big victory" in the fight against
doping, USOC executive director Dick Schultz countered: "Everybody
tends to exaggerate."

"It's one of the IOC's first experiences with democracy and they had
to learn how to deal with it," he said.

While the conference laid the groundwork for major anti-drug
initiatives, the resolutions fell far short of the tough, immediate
action the IOC needed to reassert its legitimacy.

The IOC had to back off the two main planks of the meeting: creating
an international anti-doping agency and imposing a mandatory minimum
two-year drug sanctions.

"The IOC is too weak," said Roland Baar, a member of the IOC athletes'
commission.

Even a top IOC leader conceded the three-day meeting failed to
accomplish what the committee had hoped for.

"We haven't dealt with it," IOC vice president Dick Pound said. "We
are now in a position to do so."

The U.S. government, which had serious reservations about parts of the
IOC plan, voted for the revised package. But Barry McCaffrey, the
White House drug policy adviser who had attacked the IOC's
credibility and called for reforms, described the final declaration
only as a "good first step."

Samaranch fired back at McCaffrey in his closing news conference,
suggesting the White House was in no position to lecture.

"We are very thankful he is so interested in the IOC," Samaranch said.
"But we also told him he had many problems in his own country on doping."

Samaranch has withstood calls for his resignation from outside the
committee, and wrapped up the summit by saying the IOC emerged
"stronger" from the conference.

But the USOC appeared to back off its previous unqualified support for
him.

Two weeks ago, Schultz said the USOC fully supported Samaranch and
believed he was the only person capable of leading the IOC out of its
crisis.

On Thursday, he said:

"I don't see any reason to change the position at this point as long
as we are making progress and moving forward and that he can still
command the respect of IOC members.

"I don't think our position has changed. I think that we feel there
needs to be consistency to get through this crisis and that he is
probably in the best position to do that."

Samaranch has been in power since 1980 and plans to stay until his
term ends in 2001. He will put his leadership to a vote of confidence
at a special IOC assembly March 17-18. IOC members will also vote on
proposals to change the process for selecting host cities and expel
members implicated in the Salt Lake case.

The Sydney Morning Herald, whose parent company is a local partner of
the 2000 Olympics, said Thursday that Samaranch "must carry the
ultimate responsibility for crisis that is engulfing the Olympic
movement. He is not an answer to the problem. He represents the problem."

Meantime, the proposed anti-doping agency will be discussed again at a
meeting with sports and government leaders this spring.

The conference agreed to set up the agency, but details on the
structure, mission and financing were put off for up to three months.
Officials said the goal is to have the agency up and running before
the Sydney Games.

Banks and other government officials refused to give the IOC a leading
role in the doping agency, which would supervise worldwide drug
testing and policy on an initial $25 million budget.

"The chairing of that independent agency by president Samaranch would
compromise it," Banks, the British Sports Minister, said. "It would
not be independent. We cannot accept that."

Pound said governments could have a 50 percent role in the agency
but would be expected to contribute financially.

The IOC also was forced to allow each sport to ignore a minimum
two-year ban in drug cases where they find "exceptional
circumstances."

Some of the biggest sports, including soccer, cycling and tennis,
argued that a two-year ban for a first offense would never hold up to
challenges under right-to-work laws.

Banks warned that this opened an "enormous loophole."

"This is minimalist and permissive," he said. "It undermines the
two-year ban."

In November, the IOC threatened to expel from the Olympics those
sports that failed to adopt the two-year ban. Thursday's resolution
made no mention of expulsions.

In other developments:

USA Today said the son of IOC member Kim Un-yong of South Korea was
employed by a Utah company, Keystone Communications, at the request of
the Salt Lake bid committee. Kim is among at least three members under
investigation by the IOC.

Mark Tewksbury, the 1992 100-meter breaststroke gold medalist from
Canada, said he was quitting a string of Olympics-related positions
because he had "lost confidence in the leadership" of the games.

In a case going back more than 30 years, Japan's largest newspaper,
Yomiuri, said that Sapporo's bid committee gave $2,800 each to four
IOC members in 1964, apparently to win their votes in an unsuccessful
bid for the 1968 Winter Games. The Japanese city was chosen as the
site for the 1972 Winter Olympics.
-------------------------------------------------------------------

Weekly Action Report on Drug Policies, Year 5, No. 5 (A summary of European
and international drug policy news, from CORA in Italy)

Date: Sun, 07 Feb 1999 21:20:18 +0100
To: CORAFax (cora.belgique@agora.stm.it)
From: CORAFax (cora.belgique@agora.stm.it)
Subject: CORAFax #5 (EN)
Sender: owner-hemp@efn.org

ANTIPROHIBITIONIST OF THE ENTIRE WORLD ....
Year 5 #, February 4 1999

***

Weekly Action Report on Drug Policies

Edited by the CORA - Radical Antiprohibitionist Coordination, federated to
- TRP-Transnational Radical Party (NGO, consultive status, I)
- The Global Coalition for Alternatives to the Drug War

***

director: Vincenzo Donvito
All rights reserved

***

http://www.agora.stm.it/coranet
mailto:cora.news@agora.stm.it

CORA NEWS

ITALY-THE GOVERNMENT DOESN'T EVEN READ ITS OWN REPORTS ON THE SRUG QUESTION

The Vice Minister of Justice, Mr. Franco Corleone, when asked during a
question time what percentage of addicts is receiving methadone treatment,
delivered a wrong answer. His answer was in fact 4.3%, but the Government
says it is 3%. The Vice Minister, who is of the Green party, reminded
everyone that official papers have been sent around to invite institutions
to apply the law correctly, but also that this has had no effect. Above all,
the official report on drug addiction that was supposed to be presented by
the 31st of January was not presented at all. This is not surprising, if one
thinks that the Government does not even read its own official reports...

***

NEWS FROM THE WORLD

***

000476 03/02/99
OCEANIA / AUSTRALIA
ADDICTION
CORRIERE DELLA SERA

Heroin addicts who are going through methadone treatment have a seven times
greater chance of dying during the first two weeks of treatment than those
who don't take methadone. This is what a study by the 'Medical Journal of
Australia' says. It has, although, already been objected to by Professor
Alessandro Tagliamonte, who says this is just the beginning of a new crusade
against methadone.

***

000477 01/02/99
E.U. / GERMANY
ADDICTION
LA REPUBBLICA

The Mayor of Hamburg says he feels confident about the approval of a pilot
project for controlled distribution of heroin under medical control. The
project should start in various cities before the end of 1999.

***

000470 31/01/99
E.U. / ITALY
CONSUMERS
IL MESSAGGERO

28% of Italian adolescents have smoked a joint at least once in their lives.
This is the outcome of a research by the Univercity of Turin, which
questioned 2500 young people between 14 and 19.

***

000473 02/02/99
E.U. / NETHERLAND
INITIATIVE
NEUE ZUERCHER Z.

The latest report on drugs in Holland shows that consumption of illegal
substances is at the moment lower than expected. This is encouraging to
antiprohibitionists, but the Govermnment is still being cautious about the
question of legalisation, especially because of the international political
situation.

***

000474 03/02/99
E.U. / ITALY
LAWS
CORRIERE DELLA SERA

The Undersecretary of Justice, Franco Corleone, complains that the
indications provided by the former General Prosecutor, Galli Fonseca,
towards policies of harm reduction, have produced no effect whatsoever.

***

000475 31/01/99
E.U. / GB
PERSONALIT
THE TIMES 30/01 AND 01/02

Tom Spencer, a deputy of the European Parliament, was stopped at the airport
carrying gay pornographic material and some cannabis. Mr. Spencer declared
himself bisexual and in favour of legalising marijuana. He is a candidate
for the coming European elections, but has been now suspended from all
political activities by his political group in Brussels.

***

000471 29/01/99
EUROPE / SWITZERLAND
WAR ON DRUGS
NEUE ZUERCHER Z.

The Federal Democratic Union has deposited 50000 signatures to indict a
referendum against the law promulgated on the 10th of October of 1998, which
regulates controlled distribution of heroin. Once the signatures have been
verified, the referendum can take place on the 13th of June.

***

000472 28/01/99
AMERICA / COLOMBIA
WAR ON DRUGS
LE FIGARO

The recent earthquake has turned out to be very useful to the guerrilla,
because it gives it a chance to suspend the peace treaty with the
Government. This will prolong the de-militarization of the southern part of
the country, where the guerrilla is in control of drug production and
traffic. But the state has other priorities, at the moment.

***

000478 03/02/99
E.U. / GERMANY
WAR ON DRUGS
FRANKFURTER

The CDU party of Baden-Wuerttenberg is still following the Swedish model:
force all drug addicts to disintoxicate themselves. In the meanwhile,
although, it refuses to accept the 'Fixerstuben', centers for controlled
distribution of hypodermic needles.

***

CORAFax 1999

"To be removed from further mailings simply click on the link below; or just
(only) type Remove in the subject!"
mailto:cora.belgique@agora.stm.it?subject=CORAFax_Remove-Me-NOW!

-------------------------------------------------------------------

[End]

Top
The articles posted here are generally copyrighted by the source publications. They are reproduced here for educational purposes under the Fair Use Doctrine (17 U.S.C., section 107). NORML is a 501 (c)(3) non-profit educational organization. The views of the authors and/or source publications are not necessarily those of NORML. The articles and information included here are not for sale or resale.

Comments, questions and suggestions. E-mail

Reporters and researchers are welcome at the world's largest online library of drug-policy information, sponsored by the Drug Reform Coordination Network at: http://www.druglibrary.org/

Next day's news
Previous day's news

Back to the 1999 Daily News index for Jan. 29-Feb. 4

to the Portland NORML news archive directory

Back to the 1999 Daily News index (long)

This URL: http://www.pdxnorml.org/ii/990204.html