------------------------------------------------------------------- Petitioners gathering signatures for medical marijuana initiative (The Daily Emerald, at the University of Oregon, in Eugene, over-emphasizes the "medical" aspect of the Oregon Cannabis Tax Act, a comprehensive marijuana-law reform initiative. The petition drive began April 19, after the ballot title was approved by the secretary of state's office April 2. The initiative needs 66,748 signatures to get on the November 2000 ballot.) Date: Mon, 03 May 1999 12:17:25 -0700 To: email@example.com From: "D. Paul Stanford" (firstname.lastname@example.org) From: "CRRH mailing list" (email@example.com) Subject: OR: Petitioners gathering signatures for marijuana initiative Pubdate: Mon, May 3 1999 Source: Daily Emerald, The (OR) Copyright: 1999 The Daily Emerald Web site: http://www.dailyemerald.com/ Author: G. Jaros Note: Though the title says medical marijuana, the petition is a comprehensive cannabis reform proposal, addressing the social, industrial and medical aspects of cannabis laws. *** Petitioners gathering signatures for medical marijuana initiative The legislation would legalize sale of the drug to those in medical need By G. Jaros Oregon Daily Emerald A petition drive to legalize marijuana has begun to circulate. The Campaign for the Restoration and Regulation of Hemp is heading the effort in hopes to qualify the initiative for the November 2000 elections. This latest marijuana initiative needs 66,748 signatures to qualify for a vote, said Paul Stanford, one of the three chief petitioners. "But we want to turn in 90,000 to make certain we have enough to cover for people who sign but aren't registered," he said. The petition drive began April 19 after getting approval by the secretary of state elections division on April 2. Stanford said they hope to finish gathering signatures early so that they can focus on an ad campaign. The vast majority of money for the campaign is coming from five Oregon residents, the biggest donor being a software engineer, Stanford said. The initiative seeks to replace all current local and state marijuana laws with the exception of DUII laws. The Oregon Liquor Control Commission would be changed to the Oregon Cannabis & Liquor Control Commission and would be in charge of regulation and taxation. The commission would license marijuana cultivation by qualified persons and purchase the entire crop. Marijuana would then be sold, at cost, to medical research facilities and pharmacies who in turn would sell the marijuana, untaxed, to those with medical need. The commission would also sell taxed marijuana to people 21 and older through current state liquor stores. Ninety percent of the taxes collected would go to the state general fund, according the initiative. Drug Enforcement Agency statistics show illicit marijuana sales generate a $2 billion a year industry nationwide. One of the chief petitioners is Dr. Phillip Leveque, a retired professor of pharmacology and toxicology, who became involved with the issue because of the Oregon Medical Marijuana Act. The act won voter approval on Nov., 3, 1998. Voters in Washington, California, Arizona, Alaska and Colorado also passed medical marijuana-use initiatives. But Leveque said that obstacles are still in place that make it very difficult or illegal for people to purchase marijuana. He believes this initiative would change that. "Marijuana is good for AIDS wasting disease, multiple sclerosis, glaucoma and chronic pain," Leveque said. "Mostly marijuana is a euphoriate, so it makes people feel better. It has been used for medicine for 5,000 years." The legalization effort, be it for medical use or industrial use, has been opposed in the past by law enforcement agencies around the state. Law enforcement agencies didn't want to make a statement about the new initiative until they learned more about it. But Sgt. Rick Gilliam, campus supervisor of the Eugene police, shared his concerns. "Marijuana is a gateway drug to harder drugs like heroin," Gilliam said. "So I think blanket use is not the answer to the drug problem. It will only exacerbate it." Backers of the initiative disagree. They point to courts in Alaska, Hawaii and Michigan that sight presidential commission findings and scientific studies on marijuana that say marijuana is not a "stepping stone" or a "gateway drug." Another opponent to the legalization of marijuana is House Speaker Lynn Snodgrass. "She is opposed and she's always been opposed," Snodgrass' spokesman Ron Blankenbaker said. "She has a strong religious background and has an aversion to drug use as such." But petitioners don't see it as a moral issue so much as an issue of freedom. "I truly believe that the future of freedom in America hinges on which way the war on drugs continues," Stanford said. "We now have more people incarcerated than any country in the world. To keep one person in prison for a year for marijuana costs $40,000. On that amount of money you could go to the University of Oregon or Harvard." *** To subscribe, unsubscribe or switch to immediate or digest mode, please send your instructions to firstname.lastname@example.org. *** Campaign for the Restoration and Regulation of Hemp CRRH P.O. Box 86741 Portland, OR 97286 Phone: (503) 235-4606 Fax:(503) 235-0120 Web: http://www.crrh.org/
------------------------------------------------------------------- Legislators Considering Measures To Block Local Authority (The Associated Press says Oregonians could find it tougher to "think globally, act locally" if the Legislature passes proposals limiting voters' and elected officials' rights to govern their own communities with local initiatives such as Corvallis' banning smoking in restaurants. Phil Fell, a lobbyist for the League of Oregon Cities, says he's never seen so many bills meant to shift power away from local governments.) Date: Wed, 5 May 1999 20:23:40 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US OR: WIRE: Legislators Considering Measures To Block Local Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Portland NORML (http://www.pdxnorml.org/) Pubdate: Mon, May 03 1999 Source: Associated Press Copyright: 1999 Associated Press LEGISLATORS CONSIDERING MEASURES TO BLOCK LOCAL AUTHORITY SALEM, Ore. (AP) -- Oregonians could find it tougher to "think globally, act locally" if the Legislature passes proposals limiting voters' and elected officials' rights to govern their own communities in areas such as smoking, annexation and "right-to-know" laws. Some lawmakers want to ban cities and counties from passing tough smoking laws like that approved by Corvallis voters. They want to stop other localities from passing a toxics "right-to-know-law" similar to the one Eugene voters enacted and to halt the spread of anti-growth charter amendments approved in Philomath and other cities, which require voter approval of new annexations. And lobbyists representing manufacturers, tobacco companies, restaurants and developers are cheering them on. Phil Fell, a lobbyist for the League of Oregon Cities, says he's never seen so many bills meant to shift power away from local governments. He said that to lobbying groups, the Capitol is something of a one-stop shopping center. "It's a lot easier to send someone here than to 240 cities," Fell said. The tension is not new to politics. In fact, that's what the Constitutional debates were largely about: How much power should the U.S. Constitution grant to the federal government and how much should remain with the states? That theme runs through this session's debate on several bills. Should Oregon have statewide policies, or let local voters and elected officials make their own rules? Dr. David Kliewer, an 82-year-old retired physician from Corvallis, spearheaded the 1997 effort to restrict child access to cigarettes and smoking in workplaces, including bars and taverns. Last fall, he successfully defended that ordinance against a voter initiative aimed at repealing the smoking ban in drinking establishments. Kliewer says leaving such decisions at the community level "gives people concrete evidence that they can do something about how their community is governed." Kliewer relied primarily on brochures and leaflets, newspaper ads, local news coverage, and letters to the editor. His crew fended off a campaign funded by large contributions by the cigarette industry and the Oregon Restaurant Association. Kliewer also had outside help, primarily from public health groups such as the American Cancer Society. Kliewer says he's not so confident that he'd want to take the no-smoking fight statewide. He said winning in communities such as Medford, Burns and Pendleton would be a much tougher sell. "Whether it's the tobacco industry or unions or whatever," said Kliewer, "the special interests can have a lot more impact at the statewide level than the local level." A bill before the Legislature may force citizen activists to take their anti-smoking activism to the statewide level. A bill filed by Rep. Ryan Deckert, D-Beaverton, wouldn't touch the Corvallis law, but it would prohibit similar laws from enacting similar policies. Only the state could regulate smoking in bars and taverns. The bill is expected to be taken up this week by the House Commerce Committee. Deckert says he's merely trying to protect one of the few remaining places where it's socially acceptable for adults to smoke. He offers a few reasons the state should overrule communities: Oregon already imposes statewide oversight on smoking through an indoor clean air act, and the state regulates drinking establishments. And Deckert contends that a patchwork of different smoking policies will drive business across city limits and beyond county lines where less stringent policies are in place. But he acknowledges that proposals to pre-empt local authority are usually more about political strategy than about local control vs. consistent statewide policy. He notes that many who criticize this session's proposals to pre-empt local control supported the 1993 Legislature's decision to ban local governments from enacting voter-passed anti-gay-rights laws. Deckert's bill is HB2806.
------------------------------------------------------------------- Wyden seeks federal role in managing severe pain (The Oregonian says Sen. Ron Wyden, D-Ore., plans to propose legislation today that aims to help seriously ill patients manage their pain and deter them from considering physician-assisted suicide. A secondary purpose of the bill is to blunt congressional opposition to Oregon's voter-approved Death With Dignity Act, which last year became a target of conservative Republicans.) Newshawk: Portland NORML (http://www.pdxnorml.org/) Pubdate: Mon, May 03 1999 Source: Oregonian, The (OR) Copyright: 1999 The Oregonian Contact: email@example.com Address: 1320 SW Broadway, Portland, OR 97201 Fax: 503-294-4193 Website: http://www.oregonlive.com/ Forum: http://forums.oregonlive.com/ Author: Jim Barnett, the Oregonian Wyden seeks federal role in managing severe pain * In a measure to be introduced today, the Oregon lawmaker takes steps to help patients avoid physician-assisted suicide WASHINGTON -- Sen. Ron Wyden, D-Ore., plans to propose legislation today that aims to help seriously ill patients manage their pain and deter them from considering physician-assisted suicide.But the bill is likely to produce a political side effect: It could blunt opposition to Oregon's Death With Dignity law, which last year became a target of conservative Republicans on Capitol Hill. Wyden's bill prescribes a series of short- and long-term initiatives intended to give patients better access to information about pain management and to provide comprehensive research into pain-management techniques used around the country. As helpful as those steps may be, the very act of introducing the bill raises awareness of and interest in an issue that the medical profession has neglected, pain-management advocates said. "It's a public health crisis," said Janet Forlini, a lawyer for Americans for Better Care of the Dying. "There is a wider recognition that people need to be treated better." Assisted suicide became legal in Oregon in 1997. The law is the only one of its kind in the world. Many opponents object to assisted suicide on the grounds that taking a life by any means is wrong. But supporters say people who are dying should have control over how much suffering they wish to endure. In 1998, congressional Republicans tried to block the Oregon law by outlawing the use of controlled substances in assisted suicides and threatening doctors with prosecution by the Drug Enforcement Administration. Lawmakers' efforts stalled in part because numerous medical groups -- including opponents and proponents of assisted suicide -- objected to the plan. Many said it would backfire, discouraging doctors from prescribing sufficient doses of painkillers and prompting desperate patients to find other ways to end their lives. Now, Wyden hopes to provide a more practical plan for legislators who want to reduce incidences of assisted suicide. Although Wyden personally opposes assisted suicide, he has been the Oregon law's chief defender in Washington. So if his bill helps that defense, he said, all the better. "I'm hopeful that this can bring together a centrist coalition in both political parties," Wyden said. "It's why we worked to win the support of a broad range of patient-advocacy and health-care groups. I believe we'll have support from senators across the philosophical spectrum." The main opponents of Oregon's law are Sen. Don Nickles, R-Okla., assistant majority leader, and Rep. Henry Hyde, R-Ill., chairman of the House Judiciary Committee. Both are expected to reintroduce legislation in coming weeks with modifications from last year's effort. But Wyden is lining up political firepower of his own. Sen. Connie Mack, R-Fla., the Senate's No. 3 Republican, has agreed to co-sponsor the bill and plans to appear at a news conference today with Wyden to introduce it. In the House, a companion bill will be introduced by Rep. Darlene Hooley, D-Ore., who is upbeat about the bill's prospects. "Assisted suicide is there because we didn't deal with pain management," Hooley said. "Hyde's bill not only stops suicide, it really stops pain management, which is what most people want. So I think this legislation is what really most members want." Among other things, the bill would: * Authorize $18 million to create six "family support" centers to provide information to patients and their families 24 hours a day. * Direct the surgeon general to report on the state of pain management in the United States. * Create an advisory committee on pain and symptom management at the U.S. Department of Health and Human Services. * Convene a national conference on the delivery of health services under the auspices of the National Institutes of Health. In an interview Friday, Wyden said he worked with Nickles for several months to produce a single bill that would address the concerns of both of them. Nickles made a good-faith effort, Wyden said, but the two could not resolve their differences on assisted suicide. Nickles declined to comment on specific legislation, but the senator is likely to reignite the debate shortly. "Sen. Nickles has a different approach and will be introducing his own comprehensive bill in the near future," a spokesman said. You can reach Jim Barnett at 202-383-7819 or by e-mail at firstname.lastname@example.org.
------------------------------------------------------------------- Advocates of better treatment of pain seek legislative cure (The Oregonian says Oregon legislators are slowly waking up to the need for better pain treatment. A half-dozen related bills are advancing in the Legislature, though none is expected to be approved. As in Washington, D.C., eagerness to eliminate pain as a motivator for physician-assisted suicide is creating momentum, along with a growing realization of the plight of people living with chronic pain.) Newshawk: Portland NORML (http://www.pdxnorml.org/) Pubdate: Mon, May 03 1999 Source: Oregonian, The (OR) Copyright: 1999 The Oregonian Contact: email@example.com Address: 1320 SW Broadway, Portland, OR 97201 Fax: 503-294-4193 Website: http://www.oregonlive.com/ Forum: http://forums.oregonlive.com/ Author: Erin Hoover Barnett, the Oregonian Advocates of better treatment of pain seek legislative cure * Bills aimed at relieving suffering make progress at the state level, but those with a price may fail Oregon lawmakers are slowly waking up to the need for better pain treatment. A half-dozen pain control bills are advancing in the Legislature. As in Washington, D.C., eagerness to eliminate pain as a motivator for physician-assisted suicide is creating momentum, along with a growing realization of the plight of people living with chronic pain. But this awareness in the Oregon Legislature is unlikely to be enough to push through bills that have significant price tags, several lawmakers said. Symbolic measures -- such as Senate Joint Resolution 28, which affirms the rights of pain patients to get treatment, and House Resolution 62, which encourages better education for doctors and medical students in pain management -- passed easily. While they don't mandate anything, they send the message that Oregonians should not have to live or die with ongoing, unrelieved pain. "It's time we recognize this as an issue," said Dr. Grant Higginson, the state health officer for the Oregon Health Division. Higginson served as chairman of the state's Pain and Symptom Management Task Force, which devised many of the bills. Sen. Joan Dukes, D-Astoria, who began working on pain issues in 1993, said other lawmakers are beginning to understand that chronic pain is inadequately treated, that aggressive pain control at life's end is appropriate, and that while people who need medication for pain may depend on the drugs, they are not addicts. The Pain and Symptom Management Task Force, created by the last Legislature, has sparked awareness and given chronic pain -- the kind that lasts or recurs for more than six months and hinders everyday activities -- the same significance as pain at the end of life. Bills under consideration include Senate Bill 1027, which gives universal access to hospice care. But this bill faces a tough battle because it comes with a price tag as high as $2.8 million per biennium. Senate Bill 1141, which creates a state advocate for people with pain and their caregivers, passed a Senate committee last week. It is less expensive, at $94,000 for the biennium. "Any significant increase in health care budgets I just don't think really has a prayer at this point," said Rep. Jeff Kruse, R-Roseburg, whose House Human Resources Committee is likely to be assigned some of the pain bills that pass the Senate. Kruse said Senate Bill 1140, which passed the Senate last week, may have a better chance because it relies on grant money to set up a pilot project. Teams of health practitioners -- from nurses and pharmacists to naturopathic physicians and acupuncturists -- would work with doctors who want assistance with chronic pain patients covered under the Oregon Health Plan. The team would help assess and treat the patients' pain for one year, educating both the doctors and the patients. You can reach Erin Hoover Barnett at 503-294-5011 or by e-mail at firstname.lastname@example.org
------------------------------------------------------------------- Here's My Marijuana Card, Officer (A glib and condescending Time magazine article notes Mel Brown, the police chief of Arcata, California, has taken to issuing laminated identification cards for "partakers of the infamous Humboldt bud" who are protected under Proposition 215. As one might expect, however, America's leading consensus-manufacturing magazine dismisses Brown's attempt to implement California's medical-marijuana law as just more inanity from the hippies who supposedly control Humboldt County. All of the magazine's bias is revealed in its contention that "You don't need much of an excuse" to get a physician's recommendation in Arcata.) Date: Wed, 28 Apr 1999 21:20:30 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US: Here's My Marijuana Card, Officer Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Support MAP! Pubdate: 3 May 1999 Source: Time Magazine (US) Copyright: 1999 Time Inc. Section: American Scene Page 7 Contact: email@example.com Fax: (212) 522-8949 Mail: Time Magazine Letters, Time & Life Bldg., Rockefeller Center, NY, NY 10020 Website: http://www.time.com/ Forum: http://cgi.pathfinder.com/time/community/0,2637,0,00.html Author: Margot Hornblower / Arcata HERE'S MY MARIJUANA CARD, OFFICER In The Capital Of Legal Pot, You Don't Need Much Of An Excuse IT IS NOT THAT MEL BROWN, police chief of this tie-dye-and-tofu town, set out to flout federal law. But here he is, a 53-year-old father of two who has never inhaled, issuing laminated and embossed get-out-of-jail-free cards for partakers of the infamous Humboldt bud, a potent local variety of marijuana. "You can photograph me," he tells a reporter genially, "but not reclining on a bearskin rug and smoking a joint." Arcata (pop. 16,000) lies in the heart of the Emerald Triangle, the three lush California counties of Humboldt, Mendocino and Trinity, 275 miles north of San Francisco as the spotted owl flies. In the '80s, capitalist hippies defended their marijuana plantations here with booby traps and shotguns. George Bush sent in U.S. Army troops to battle the domestic druglords. And even now, early fall is signaled less by migrating geese than by helicopters swooping over redwood forests and dropping camouflaged, machete-wielding agents into any telltale patch of sparkling green. Last year state and local officials eradicated 136,975 plants, many 10 ft. tall, with a wholesale value of $450 million. But what's a conscientious cop to do when California voters pass a ballot measure legalizing the cultivation and possession of marijuana for medical purposes? And when all it takes to prove need is the approval, written or oral, of a friendly doctor? And when not just patients with AIDS, cancer and multiple sclerosis are clamoring for the drug but also people with backaches, stress and drinking problems. One arrested planter told sheriff's deputies he was suffering from an ingrown toenail, an excuse that did not impress them. Lucy May Tuck, a volunteer who edits the newsletter at the Humboldt Cannabis Center, a co-op that grows the drug for medical use, has a physician's certificate to treat her hot flashes with the weed. Since Prop. 215 passed more than two years ago, says Police Chief Brown, "everyone we try to arrest has a recommendation from Dr. Feelgood." Though six states--Alaska, Arizona, California, Nevada, Oregon and Washington--have voted to legalize medical marijuana, federal law still requires them to prosecute any wheelchair-bound granny smoking a bong. But they aren't doing so, and that has federal drug czar Barry McCaffery muttering about a new "Whiskey Rebellion," the unsuccessful 1749 farmer's revolt against federal liquor taxes. In Arcata, however, where 74% of the voters approved the state's marijuana measure, Chief Brown considers his policy one of common sense. "Out of self-preservation," he says, he set up his own system. Now about 100 local residents have sat for mug shots, agreed to let Brown talk to their physicians, and walked away with a "City of Arcata Proposition 215 Identification Card." Flash it as you are toking up and you won't be arrested, unless you've got more than 10 marijuana plants--a limit imposed to distinguish users from illegal dealers. Other jurisdictions, including Mendocino County, plan to follow Arcata's example, and a task force appointed by Bill Lockyear, California's new attorney general, is looking at Arcata as a possible statewide model. Although other communities might be less mellow about the idea, no dissenters showed up at public hearings when Arcata's city council-composed of two Green Party members, a Libertarian and two Democrats--approved Brown's ID system. That's to be expected, perhaps, in a town that has declared itself a "Nuclear Weapons Free Zone"; that in 1991 passed a resolution--albeit quickly rescinded-offering sanctuary to Persian Gulf War resisters; and where students from Humboldt State University hold an annual Hempfest, promoting a nonpsychoactive form of cannabis for use in clothing, paper and food. "My Mexican-American aunties used marijuana poultices for their arthritis," says Arcata Mayor Bob Ornelas, a ponytailed electrician. Ornelas boasts of running marathon races while high on weed but insists, "I don't get stoned that much." *** Date: Thu, 29 Apr 1999 09:02:43 -0700 To: firstname.lastname@example.org From: email@example.com (Dale Gieringer) Subject: DPFCA: TIME rag Sender: firstname.lastname@example.org Reply-To: email@example.com (Dale Gieringer) Organization: DrugSense http://www.drugsense.org/dpfca/ Here's an article from TIME and my response below it. - Peter McWilliams HERE'S MY MARIJUANA CARD, OFFICER [snip] Editors, TIME Magazine, Your article "Here's My Marijuana Card, Officer" stated that the federal government is not prosecuting medical marijuana users in California. Not so. I am an AIDS patient who once used medical marijuana's antinausea properties to keep down my prescription AIDS medication. My viral load (the measure of active AIDS virus) was "undetectable" for two years. In July 1998, I was arrested on federal medical marijuana charges. I face a mandatory minimum 10-year sentence (possible life) and a $4 million fine. While out on bail I cannot use medical marijuana. I cannot keep down my AIDS medication. My viral load has skyrocketed to 250,000. (When my viral load was 12,500 in 1996, I had already developed an AIDS-related cancer.) For further details of my ordeal, please see www.petertrial.com. Sincerely, Peter McWilliams 8165 Mannix Drive Los Angeles, California 90046 *** Dale Gieringer (415) 563-5858 // firstname.lastname@example.org 2215-R Market St. #278, San Francisco CA 94114
------------------------------------------------------------------- Please fax the governor about medical marijuana (A news release from the Cannabis Freedom Fund asks California residents to take part in a campaign to persuade Governor Gray Davis to show humanitarian treatment to imprisoned medical marijuana patients and caregivers who were denied a Proposition 215 legal defense - in particular, Marvin Chavez and Dave Herrick.) From: "Peter McWilliams" (email@example.com) To: "Peter McWilliams" (firstname.lastname@example.org) Subject: Please fax the gov. about med. mj Date: Mon, 3 May 1999 06:53:43 -0700 ----- Original Message ----- From: bdeitch Sent: Sunday, May 02, 1999 4:51 PM Subject: ATTN: CALIFORNIA RESIDENTS ATTN: CALIFORNIA RESIDENTS PLEASE FORWARD THIS MESSAGE TO YOUR FRIENDS From: Robert Deitch - Nat'l Director Cannabis Freedom Fund (CFF) It's JAY DAY (May 1st) 1999, and all over California people are coming together to voice their opposition to marijuana's illegal status. Whether JAY DAY 1999 proves to make the PR impact its organizers hoped, they certainly deserve our respect and applause for the efforts they put forth in making JAY DAY a successful event. In conjunction with JAY DAY, the Cannabis Freedom Fund (CFF) is announcing the kick-off of a California FAX campaign, pleading with Governor Gray Davis to show humanitarian treatment toward those medical marijuana patients and care givers, currently in California prisons, that were denied a defense under Health and Safety code Section 11362.5 (Prop 215), by the California courts... in particular, Marvin Chavez and Dave Herrick. If the people of California don't consider these people criminals, under what authority are the California courts and police operating? Your voice is needed to help get the message across to Governor Davis that we the people of California have already decided to allow the medicinal use of marijuana, we don't want medical marijuana patients and care givers persecuted (they are sick people - not criminals), and we strongly object to our tax dollars wasted on arresting, sentencing, and incarcerating them. Help stop the injustice and inhumane atrocities taking place right here in the State of California. Get the California FAX Campaign letter to Governor Davis at... http://www.freecannabis.org, READ THE INSTRUCTIONS, and FAX it today. IF WE DON'T SPEAK UP, NOTHING IS GOING TO CHANGE, AND THE MORE WE SPEAK UP THE FASTER THINGS ARE GOING TO CHANGE.
------------------------------------------------------------------- The Big City - Severity of Drug Laws Troubles a Jury Foreman (New York Times columnist John Tierney recounts his recent stint on a jury in a trial involving an alleged $20 sale of angel dust, or PCP. A third of the jury was tempted to engage in nullification because of the minimum potential two- to four-year prison sentence, but thanks to a weak case, and a unanimous acquittal, the temptation was obviated.) Date: Tue, 4 May 1999 18:36:45 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US NY: Severity of Drug Laws Troubles a Jury Foreman Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Nathan Riley (email@example.com) Pubdate: Mon, 03 May 1999 Source: New York Times (NY) Copyright: 1999 The New York Times Company Contact: firstname.lastname@example.org Website: http://www.nytimes.com/ Forum: http://www10.nytimes.com/comment/ Author: John Tierney THE BIG CITY SEVERITY OF DRUG LAWS TROUBLES A JURY FOREMAN A jury was being selected for a drug case, and as soon as I confessed my occupation the prosecutor raised a question: did I have opinions on drugs that would prevent me from being a fair juror? "Well, I have opinions," I said, but I assured him I could set them aside. What else could I say without professional embarrassment? "No, I'm such a biased journalist that my judgment is hopelessly impaired." But then I was not only picked for the jury but also appointed foreman, and doubts set in. This case, which was tried last week in State Supreme Court in Manhattan, involved an alleged $20 sale of angel dust, as the drug PCP is called. It was our legal duty, Justice Richard D. Carruthers told us, to decide guilt or innocence without considering the sentence for the crime. But I wasn't sure that was our moral duty. Because of New York's notoriously strict laws, small-time drug dealers and even casual users can end up with longer prison sentences than violent criminals. Politicians from both parties have long acknowledged that the mandatory sentences are too severe, but the proposed reforms keep languishing in the State Legislature. Drug dealers and addicts, after all, do not have a political action committee dispensing campaign contributions. Was it fair for us to condemn someone to prison for years for selling a little PCP? A few legal scholars have argued that in nonviolent drug cases it's justifiable for jurors to protest unjust laws by refusing to convict. This form of protest, called jury nullification, was practiced last century by Northern juries that refused to send back runaway slaves, and by Prohibition-era juries that acquitted bootleggers. Some, perhaps most, of the senators who acquitted President Clinton of perjury believed him guilty but refused to convict because the punishment struck them as unfair -- very similar to the situation we might be in. Still, we had sworn to uphold the law, and we also had to consider the people living near the scene of the alleged crime, a housing project at West 112th Street and Lenox Avenue. The defendant, Steven Williams, 39, was accused of selling drugs late one night last August near a playground. Was it fair to impose my vision of justice on the neighbors who wanted to keep drugs away from their playground? The only sure moral course was to pray for a weak case, which was granted. There were serious discrepancies in the story of the sole eyewitness, the undercover police officer who said he had bought the drugs from Williams and a female accomplice. Moreover, the officers who later arrested Williams, relying on the undercover officer's description, found no drugs or money, and they didn't nab any female accomplice. The defense, arguing that the police had arrested the wrong man, provided an innocent explanation for Williams's presence near the playground that night: he was taking a meal break from a construction job in the subway tunnel nearby. "Does your average drug dealer do hard manual labor?" asked the defense lawyer, Samuel R. Rosen, in his closing argument. We began deliberations with a straw poll, which was 11 to 1 in favor of acquittal, and the sole holdout was quickly converted by the rest of us. Within an hour we returned to the courtroom, and it was with a clear conscience that I stood up and said, "Not guilty." We had followed the judge's instruction not to discuss the severity of the prison sentence. But afterward, I discovered that my concern at the drug laws was shared by a third of the jury. That ratio might provide a lesson to drug warriors in the State Legislature: if you want juries to convict dealers, make the punishment fit the crime. Afterward I also spoke with Williams, whose version of events that night continued to seem more convincing than the police version. "When they arrested me I had no idea why," he said. "I'm not an angel -- I did a year for welfare fraud once -- but I never sold drugs that night or any night. They got the wrong man." Even though only $20 of PCP was involved, Williams faced a minimum sentence of two to four years in prison, and possibly three and a half to seven years. "It's been been a nightmare for me and my family," said Williams, who lives with his wife and two children in Harlem. "There are guys beating up old ladies getting less time than I was facing. The drug laws aren't right. They're too cruel."
------------------------------------------------------------------- Spitzer Targets Dealers' Landlords (The Daily Gazette says New York state Attorney General Eliot Spitzer and city officials in Albany are scheduled to announce a joint initiative today intended to make all "drug dealers" homeless by imposing fees and jail time on landlords who ignore "drug" dealings in their buildings. The initiative would also provide for immediate eviction of "known" drug dealers - as distinct from people who would be able to defend their constitutional right to due process.) Date: Tue, 4 May 1999 19:06:20 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US NY: Spitzer Targets Dealers' Landlords Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Nathan Riley (email@example.com) Pubdate: Mon, 03 May 1999 Source: Daily Gazette (NY) Copyright: 1999 - The Gazette Newspapers Contact: firstname.lastname@example.org Website: http://www.dailygazette.com/ Author: Pam Allen, Gazette Reporter SPITZER TARGETS DEALERS' LANDLORDS ALBANY - Attorney General Eliot Spitzer and Albany officials today are scheduled to announce a joint initiative that would hold landlords accountable when they knowingly rent properties to drug dealers. The program is also aimed at drug-infested Albany neighborhoods by allowing immediate eviction of known drug dealers. Details of the crime effort were not available Sunday, but Spitzer spokesman Darren Dopp confirmed that Spitzer, Albany Mayor Gerald Jennings and Albany County Sheriff James L. Campbell would meet this morning to discuss specifics of the initiative. A 2 p.m. press conference is scheduled at Albany City Hall's Rotunda room. Campbell said he'd been asked by Spitzer's office to participate in Monday's announcement. "I know it involves absentee landlords and drugs. But beyond that, I really don't know the pertinent details," he said. Jennings could not be reached for comment. The attorney general's office was planning to meet with officials prior to this afternoon's announcement, Dopp said. "We are going to be working with the mayor and the sheriff to try to find ways of identifying locations where drug activity could be taking place," Dopp said. "Talks with [Jennings and Campbell] need to be completed in the morning, so [the press conference] is scheduled for the afternoon." Dopp did not provide specifics of the incentive. But The Daily Gazette learned that the measure would target landlords who ignore drug dealings in their buildings by imposing fees and jail time for those landlords who are aware of ongoing drug activities in their buildings. The initiative would also provide for immediate eviction of known drug dealers. The Attorney General's Office would like to expand the initiative statewide, but would begin at the local level, Dopp said. Sandra Hulbritter, president of the West Hill Neighborhood Association, said she was not aware of the specifics of the program, but had heard "scuttlebutt" about a meeting involving the officials at a weekend church gathering in Arbor Hill. She said she welcomed any efforts to make her neighborhood - which had seen three murders in recent weeks - safer for its residents and families. But right now, landlords were bound by certain fair housing and discrimination laws which may prevent them from being as selective as they'd like, the association president said. "Landlords in West Hill would like more control over who they rent to. I think it would be wonderful," Hulbritter said. She said there are times when a landlord can't control certain activities in a rental property, but many absentee landlords are aware of the goings-on and ignore them. "In West Hill, we favor the ability to be able to decide. I don't want addicts in my neighborhood," she said. During the most recent neighborhood meeting designed to address the concerns of Arbor Hill residents, Jennings acknowledged that "85 percent of the criminal activity we have here is related to drugs." The mayor said the city was taking specific steps to list all vacant properties in Arbor Hill, and order some of those structures to be demolished. He also announced plans to increase the number of police officers in the department's special investigations unit, which handles drug investigations.
------------------------------------------------------------------- McCaffrey's Response to Dr. Podrebarac (A list subscriber forwards a letter from the White House drug czar, General Barry McCaffrey, responding to a letter, appended, from Seattle physician Francis A. Podrebarac. Dr. Podrebarac urges the ONDCP chief to reschedule marijuana, as implicitly suggested by the March 17 IOM report and other authorities, but McCaffrey falls back on the "little future for smoked marijuana" position, adding that "Continued strict regulation of cannabis is essential. It is absolutely essential that we have strict regulation of this drug. We need to be sure that as we examine cannabinoid-based drugs for possible medical benefit that we do not contribute to increased abuse of this psychoactive substance.") From: "lifevine9" (email@example.com) To: "Hemp-talk" (Hempfirstname.lastname@example.org) Subject: HT: McCaffrey's Response to Dr. Podrebarac Date: Sat, 29 May 1999 16:37:46 -0700 Sender: email@example.com EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 May 3. 1999 Dr. Francis A. Podrebarac, M.D. Seattle, Washington Dear Dr. Podrebarac: It was good to talk to you in March. Director McCaffrey shared your letter of April 14th in which you offered several points for ONDCP consideration in light of the Institute of Medicine (IOM) study Marijuana and Medicine: Assessing the Science Base and asked me to respond. In our view, this IOM study is the most comprehensive summary and analysis of what is known about the use of marijuana and its constituent cannabinoids for medicinal purposes, marijuana's mechanism of action, peer-reviewed literature on the uses of marijuana, and costs associated with various forms of the component chemical compounds in marijuana. We believe the following points must be taken into account as a result of the IOM study's conclusions and recommendations: There is little future for smoked marijuana as a medically approved medication. As the study emphasizes, existing scientific evidence already indicates that smoking cannabis -- or smoking any plant material -- is carcinogenic and toxic to the lungs. Modern medicine identifies and then synthesizes active components in plants with potential medical benefits to allow for the most safe and effective scientific uses. Research into the physiological effects of marijuana and its constituent cannabinoids should continue. The identification of cannabinoid receptors in the brain provides a sound basis for further research. The report notes cannabinoid-based medicines may have the potential to contribute to symptom management programs for a number of afflictions and diseases. Bonafide clinical trials of smoked marijuana must be designed with rigor and conducted with care. Genuine clinical research in the specific areas recommended by the IOM study should be facilitated. Such clinical trials should facilitate the development of an inhaler or alternate rapid-onset delivery system for THC or other cannabinoid drugs. Continued strict regulation of cannabis is essential. It is absolutely essential that we have strict regulation of this drug. We need to be sure that as we examine cannabinoid-based drugs for possible medical benefit that we do not contribute to increased abuse of this psychoactive substance. We are hopeful that as a result of the IOM study, the discussion of the medical efficacy and safety of cannabinoids can take place within the context of medicine and science. Indeed, we are working closely with the Department of Health and Human Services to encourage bonafide clinical research of cannabinoids and to insure appropriate medical access to drugs and substances that are deemed safe and effective for medical use in treatment. Thank you again for sharing your views with us. Best wishes, Francis X. Kinney Director of Strategy *** *EDITOR'S NOTE: THE ABOVE WAS A RESPONSE TO THE FOLLOWING LETTER BY DR. PODREBARAC. ASTUTE READER WILL NOTICE THAT THE DOCTOR'S MAIN ARGUMENTS REMAIN UNANSWERED. *** [Portland NORML's two cents: If marijuana is so "strictly regulated," how come any high school or college kid can find it, but not grown-ups with a medical need? Current policy reveals plenty of strictness, but little regulation.] *** Barry McCaffrey White House Office of Drug Control Policy Executive Office of the President Washington, DC 20503 Dear Barry McCaffrey, Please allow me to introduce myself. My name is Francis A. Podrebarac, M.D. I live in Seattle, Washington, and I have been doing extensive studying on the benefits of marijuana as medicine. I would like to bring up several points that are not just opinion, but hard evidence that marijuana should be rescheduled for medical use. The recently released Institute of Medicine (IOM) study on the medical use of marijuana clearly supports rescheduling it for medical use. As you should already know, the IOM report concluded that the active ingredients in marijuana can help fight pain, nausea, anorexia, and anxiety in suffering patients. Hence, marijuana no longer fits the definition of a Schedule I drug. Moreover, the IOM report concluded that marijuana is not a "gateway" drug leading to harder drug use. Rather, alcohol and tobacco appear to be far more notorious for opening doors to harsher, more destructive drug abuse. Marijuana, on the other hand, was reported to be minimally addictive. Medical and scientific evidence supporting the rescheduling of marijuana is not new. Before it was prohibited, marijuana was widely prescribed by physicians in the United States and all over the world. In fact, studies during the Nixon administration supported the rescheduling of marijuana. Marinol was even funded and created by the government in the mid-1980's because marijuana was proving highly beneficial in AIDS patients. However, the federal marijuana access program, Compassionate Use Investigational New Drug Program, was dubiously closed by Health and Human Services (HHS) in 1992. (See Exhibits A and B enclosed: Book by R.C. Randall printed in November 1991 and Los Angeles Times article by Ronald J. Ostrow on January 31,1992.) Both sources point to AIDS discrimination as the reason it was closed. The closing of the Compassionate Use IND Program was illegal because it violated Title 3 of the Americas with Disabilities Act of 1990. Furthermore, HHS continuing to provide access to a few patients, even to this day, is illegal because they are providing legal medicinal marijuana access to a select few while denying access to the majority of suffering patients who might also benefit from medical use of marijuana. The New England Journal of Medicine (NEJM) also supports the rescheduling of marijuana for medical use. The editor-in-chief, Jerome P. Kassirer, M.D., suggested that a federal policy prohibiting physicians from helping their suffering patients by suggesting that they use marijuana is "misguided, heavy-handed, and inhumane." He recommended that marijuana be rescheduled and be made available by prescription and correctly noted that the DEA recommended marijuana be rescheduled in September 1998, after 2 years of extensive hearings into the matter. (See January 30, 1997, NEJM article enclosed as Exhibit C. A second article in the NEJM supporting the rescheduling of marijuana, dated August 7, 1997, by George J. Annas, J.D, M.P.H., is also enclosed as Exhibit D.) As you can see from the evidence that I have provided, there is a great injustice being done to Americans who are suffering and could benefit from using marijuana as medicine. I would be more than happy to testify before your committee, at any time, because I believe in truth in medical research and medical practice. I have seen what kind of a difference marijuana can make in the lives of people who are truly suffering, and I urge you, on their behalf, to please immediately reschedule marijuana and treat it accordingly. Our country doesn't need 50 different marijuana laws in 50 different states. Doctors and patients are not the enemy in the war on drugs, nor do we belong in the crossfire. You are the one who can turn this around and provide relief from suffering to millions of people across the nation. Thank you so much for your time. Sincerely, Francis A. Podrebarac, M.D. Graduate University of Kansas School of Medicine -- 1988 Diplomat American Board of Psychiatry and Neurology -- 1994 Diplomat Added Qualifications Exam Geriatric Psychiatry -- 1996 *** hemp-talk - firstname.lastname@example.org is a discussion/information list about hemp politics in Washington State. To unsubscribe, send e-mail to email@example.com with the text "unsubscribe hemp-talk". For more details see http://www.hemp.net/lists.html
------------------------------------------------------------------- What about Hatch's and Biden's challenge? (The Conservative News Service Bulletin Board notes the public debate over drug policy that Joe Biden and Orrin Hatch promised a year ago for the U.S. Senate Justice Committee has yet to materialize. Are they not men of their word? Are they chicken?) From: Swftl@aol.com Date: Mon, 3 May 1999 21:18:12 EDT Subject: [cp] Fwd: a challenge both of you Date: Mon, 3 May 1999 18:32:36 CDT Sender: Drug Policy Forum of Texas (DPFT-L@TAMU.EDU) From: Tammera Halphen (webdcyner@USA.NET) Subject: a challenge both of you Comments: To: firstname.lastname@example.org, email@example.com To: DPFT-L@TAMU.EDU This was posted on the Conservative News Service Bulletin Board. http://www.conservativenews.org/forum/GetMessage.asp?Forum=WarOnDrugs&ID=2168 Subject: From: Date: What about Hatch's and Bidon's challenge Freedom 5/3/99 3:13:50 PM Has anyone forgotten the very public "threat", and challenge, from Sen. Joe Bidon and Sen. Orrin Hatch from last spring? It was prominently reported in the New York Times. Sen. Joe "Big Mouth" Bidon challenged anti-prohibitionists to a public debate in the Senate Justice Committee. Sen. Orrin "See no Evil" Hatch threatened to call Soros and others before the Senate Justice Committee, to "expose" them. Well, it is a year later, we and all involved welcome the challenge, and yet they have not set the date and issued the invitations. Are they not men of their word? Are they chicken. C'mon, follow through on your rhetoric, let's rumble!
------------------------------------------------------------------- Important: Medical marijuana petition now online! (A list subscriber invites U.S. residents to go to http://www.215Now.com to have their opinion forwarded to "federal government officials who have direct influence over marijuana's legal status.") Date: Mon, 3 May 1999 14:49:55 -0700 (PDT) To: firstname.lastname@example.org From: email@example.com Subject: HT: IMPORTANT: Medical marijuana petition now online! Sender: firstname.lastname@example.org I'm participating in an Internet campaign to help patients get access to medical marijuana and to stop the government's attempts at obstructing the law in states that have passed medical marijuana initiatives. Please forward this message to any friends, family, co-workers, neighbors, or other people you know personally who may be interested. Then go to http://www.215Now.com and sign the petition. (The website was named for California's groundbreaking medical marijuana initiative, Proposition 215). You do not have to live in California to sign the petition. Anyone living in the 50 states can sign, and petitions will be customized to the signer's state of residence. Your petition will be forwarded to targeted federal government officials who have direct influence over marijuana's legal status. The objective of this campaign is to change that status so that doctors can legally prescribe marijuana for their suffering patients. For thousands of patients, this is literally a matter of life or death. The federal government has refused to respect the will of the voters in those states that have passed medical marijuana initiatives -- California, Arizona, Nevada, Oregon, Washington state, and Alaska. State governments have been dragging their feet -- fearful of what the federal government may do if those states attempt to implement their medical marijuana laws. Patients and physicians have been harassed, arrested, and prosecuted when they should be protected under the law. Doctors are afraid to "recommend" marijuana for their patients, lest the federal government revoke their scheduled-drug prescribing licenses. Meanwhile, patients are suffering -- their health and lives jeopardized by a government that should be protecting them, not arresting them. If we want to stop this senseless suffering, we must let our government officials know that for many patients, medical marijuana is a matter of life or death. Please forward this email to everyone you know who might be interested in helping, but please don't send it indiscriminately -- spam will only hurt our campaign. Then go to http://www.215Now.com and sign the petition. Thank you very much. *** hemp-talk - email@example.com is a discussion/information list about hemp politics in Washington State. To unsubscribe, send e-mail to firstname.lastname@example.org with the text "unsubscribe hemp-talk". For more details see http://www.hemp.net/lists.html *** From: "Tom Barrus" (email@example.com) From: "CRRH mailing list" (firstname.lastname@example.org) To: email@example.com Cc: firstname.lastname@example.org Subject: Terrific new med. CANNABIS site Date: Fri, 30 Apr 1999 16:30:20 PDT On Thu, 29 Apr 1999 03:45:58 -0700, "Peter McWilliams" (email@example.com) wrote: >The Libertarian Party of California has put together a terrific new site on >medical marijuana. > >It includes and e-mail petition you can sign. Please do this. > >Thank you. > >Enjoy, > >Peter
------------------------------------------------------------------- 'They' May Be Listening (Robyn E. Blumner, a columnist for the St. Petersburg Times, writes in the Oakland Tribune about Echelon, the U.S. National Security Agency's global communications surveillance system that allows government agents to intercept international phone calls, e-mails and faxes without a warrant or court order. In addition to spying on criminal and espionage activities, Echelon also has been known to eavesdrop on Princess Diana, Amnesty International, and help at least one American business engage in entrepreneurial espionage. So far Echelon has been operating under the radar screen of the American public. Because Echelon is steeped in secrecy, the NSA refuses even to acknowledge its existence. But if the NSA isn't willing to be accountable to the media, it should be accountable to Congress.)Date: Mon, 3 May 1999 13:42:32 -0700 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US: 'They' May Be Listening Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Jerry Sutliff Pubdate: Mon, 03 May 1999 Source: Oakland Tribune (CA) Copyright: 1999 MediaNews Group, Inc. and ANG Newspapers Contact: firstname.lastname@example.org Address: 66 Jack London Sq., Oakland, CA 94607 Website: http://www.newschoice.com/newspapers/alameda/tribune/ Author: Robyn E. Blumner 'THEY' MAY BE LISTENING YOU may not have heard of Echelon, but if you've called over to Europe lately, it has probably overheard you. Echelon is a global communications surveillance system that allows our government to listen in on international phone calls and intercept e-mail and faxes, all without a warrant or court order. In addition to spying on criminal and espionage activities, Echelon also has been known to eavesdrop on Princess Diana and Amnesty International. This may all sound like a bad movie by Albert Broccoli -- American spy agency run amok -- but the nightmare scenario is true. According to two recent reports made to the European Parliament, Echelon tries to intercept all international cellular, fiber-optic, microwave and satellite traffic from around the world, including North America. The voice and data communications are then sent through a filtering system that is programmed to look for certain code words and phrases, like names of individuals and organizations. The filters also search for particular people using voice recognition technology. Anything flagged by the filters is then sent to the intelligence agency that requested it. Echelon is a joint operation between the U.S. National Security Agency and the intelligence agencies of England, Canada, New Zealand and Australia. If the reports about the extent of spying are accurate, then American overseas conversations and data transmissions are being intercepted without any form of judicial or legislative oversight. So far Echelon has been operating under the radar screen of the American public. Internationally, though, government watchdogs and the media have been on to it for years. As early as the 1970s, British researchers uncovered information on a burgeoning international surveillance network. They discovered this by simply connecting the dots -- visually connecting the posted microwave towers in the United Kingdom, which were situated on hilltops always in line of sight to each other. After mapping this transmission path, they were arrested and charged with violating Britain's Official Secrets Act. In 1996, Echelon was further revealed in a book by New Zealand author Nicky Hager. "Secret Power" exposed the massive reach of Echelon and the fact that, as opposed to Cold War spy networks, it was designed to eavesdrop primarily on nonmilitary targets: businesses, political organizations, governments and individuals. Echelon is particularly disturbing to nations that are competing economically with its members. This month, in the Electronic Telegraph International News, Tony Paterson reported from Berlin that the United States is using Echelon to conduct industrial espionage against German businesses. A former NSA employee who refused to be identified appeared on German television last year and disclosed that the American government has spied on the German energy company Enercon. Satellite information was used to monitor phone and computer transmissions between the company's research facility and its production plant. Information on Enercon's secret invention, which turned wind power into electricity much more efficiently, was then turned over to an American firm, according to the NSA source. When Enercon attempted to market its product in this country, it found the American company had already obtained a patent on the idea and sought a court order to ban the sale of Enercon's products. But it's not just governments and businesses that have to worry. Apparently, international charities and human rights groups have been targets of Echelon's big ears. A British intelligence operative told London's Observer that both Amnesty International and Christian Aid have been spied on. Before her death, the NSA had been collecting the personal conversations of Princess Diana. An intelligence expert suggested it was possibly because our government didn't like her activism in support of a treaty to ban land mines. Because Echelon is steeped in secrecy, the NSA refuses to even acknowledge its existence. But if the NSA isn't willing to be accountable to the media, it should be accountable to Congress. Both the American Civil Liberties Union and U.S. Rep. Bob Barr, R-Ga., have called for congressional hearings into Echelon and whether it is violating federal foreign surveillance statutes and the Constitution. At a recent conference on computers, freedom and privacy, Barr called on Congress to "exercise aggressive oversight of government transmission, retrieval, storage and manipulation of private personal information." It is not hard to envision the Echelon system being used to infiltrate political advocacy organizations both here and abroad in the style of J. Edgar Hoover. Without congressional and judicial oversight, the NSA and the executive branch can use this ubiquitous spy machine to whatever mischievous and unconstitutional means they wish. Which is what they appear to be doing now. Robyn E. Blumner is a columnist at the St. Petersburg Times. E-mail: email@example.com
------------------------------------------------------------------- High Court To Decide On Stop-And-Search (An Associated Press article from the Chicago Tribune says the U.S. Supreme Court today agreed to decide whether police generally may stop and question someone who runs away after seeing them. The court said it would review an Illinois ruling. State prosecutors say such stops are justified in high-crime neighborhoods.) Date: Mon, 3 May 1999 18:11:01 -0700 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US: High Court To Decide On Stop-And-Search Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Jerry Sutliff Pubdate: 3 May 1999 Source: Chicago Tribune (IL) Copyright: 1999 Chicago Tribune Company Contact: firstname.lastname@example.org Website: http://www.chicagotribune.com/ Forum: http://www.chicagotribune.com/interact/boards/ Author: Richard Carrelli HIGH COURT TO DECIDE ON STOP-AND-SEARCH WASHINGTON (AP) -- The Supreme Court today agreed to decide whether police generally may stop and question someone who runs away after seeing them. The court said it will review an Illinois ruling that barred police most often from making such investigative stops, despite arguments by state prosecutors that they are justified in high-crime neighborhoods. Sam Wardlow was convicted of a weapons violation after he was arrested on a Chicago street in 1995 while carrying a loaded handgun in a bag. Police officers in a patrol car had seen Wardlow spot them and take off running. They pursued and eventually cornered him, and found the gun after a patdown search. Wardlow challenged his conviction for unlawful use of a weapon by a felon and the two-year prison sentence it carried. He said he had been subjected to an unlawful stop. His appeal raised the issue of whether his running away from police was enough to create a ``reasonable suspicion'' to justify the stop and patdown search. A state appeals court threw out his conviction, and the Illinois Supreme Court upheld that decision last September after ruling that ``such flight alone is insufficient to create a reasonable suspicion of involvement in criminal conduct.'' Police had acted on ``nothing more than a hunch,'' the state's highest court said, and in so doing violated Wardlow's constitutional protection against unreasonable searches and seizures. Most courts that have studied the issue have agreed with the Illinois court that such police tactics are unlawful. State courts in Alaska, California, Colorado, Maryland, Michigan, Nebraska, Nevada, New Jersey and Utah have said so. But state courts in Connecticut, Indiana, Louisiana, Minnesota, North Carolina, Ohio and Wisconsin have ruled that fleeing from police does create a reasonable suspicion of criminal conduct and justifies a police stop. Federal courts also have split on the issue. Illinois' appeal urged the justices ``to give needed guidance to lower courts and law enforcement officials throughout the nation.'' The case is Illinois vs. Wardlow, 98-1036.
------------------------------------------------------------------- Can Cops Stop Someone Who Runs Off? (A different Associated Press version) Date: Tue, 4 May 1999 03:21:14 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US: Wire: Can Cops Stop Someone Who Runs Off? Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: EWCHIEF@aol.com Pubdate: Mon, 3 May 1999 Source: Associated Press Copyright: 1999 Associated Press Author: Richard Carelli, Associated Press Writer CAN COPS STOP SOMEONE WHO RUNS OFF? WASHINGTON - The Supreme Court will try to decide whether people who run away after seeing a police officer can be chased, stopped and questioned. The justices agreed Monday to use a case from a Chicago high-crime neighborhood to clarify on-the-street police powers vs. individual rights. While many Americans might assume police have the power to chase and question someone who flees at the sight of them, lower courts have been deeply divided on the issue. The justices' decision, expected sometime in 2000, could resolve that split. At the heart of the dispute is the Fourth Amendment protection against unreasonable searches and seizures. Courts long have interpreted that protection to mean police without court warrants cannot stop and question someone without a "reasonable suspicion" of wrongdoing. State courts in Alaska, California, Colorado, Maryland, Michigan, Nebraska, Nevada, New Jersey and Utah have said police generally cannot make investigative stops after pursuing someone who flees after seeing them. But state courts in Connecticut, Indiana, Louisiana, Minnesota, North Carolina, Ohio and Wisconsin have ruled that fleeing from police can create a reasonable suspicion of criminal conduct and justify a police stop. Federal courts also have disagreed on the issue. The Illinois Supreme Court used the Chicago case to bar police most often from making such investigative stops. In appealing that ruling, state prosecutors said a definitive ruling is needed. "Every single day, law enforcement officers at all levels throughout our country are confronted with ... whether to chase and temporarily stop a person in a high-crime area who runs away at the mere sight of the police," the appeal said. The nation's highest court twice before had the opportunity to consider the issue in criminal cases, but left it undecided when in 1988 and 1991 it chose instead to focus on whether police seizures had occurred. Sam Wardlow was convicted of a weapons violation after he was arrested on a Chicago street in 1995 while carrying a loaded handgun in a bag. Police officers in a patrol car had seen Wardlow spot them and take off running. They pursued and eventually cornered him, and found the gun after a patdown search. The incident occurred in the 4000 block of West Van Buren Street, described by state prosecutors as an area of "high narcotics traffic" at that time. Wardlow challenged his conviction for unlawful use of a weapon by a felon and the two-year prison sentence it carried. He said he had been subjected to an unlawful stop. His appeal in an Illinois court raised the issue of whether his running away from police was enough to create a reasonable suspicion to justify the stop and patdown search. A state appeals court threw out his conviction, and the Illinois Supreme Court upheld that decision last September after saying "such flight alone is insufficient to create a reasonable suspicion of involvement in criminal conduct." Police had acted on "nothing more than a hunch," the state court said, and in so doing violated Wardlow's constitutional rights.
------------------------------------------------------------------- Supreme Court Looks At Chicago 'Pat-Down' Case (The UPI version) Date: Tue, 4 May 1999 19:20:30 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US: Wire: Supreme Court Looks At Chicago 'Pat-Down' Case Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: EWCHIEF@aol.com Pubdate: Mon, 3 May 1999 Source: United Press International Copyright: 1999 United Press International COURTS LOOKS AT CHICAGO 'PAT-DOWN' CASE WASHINGTON, May 3 (UPI) - In what could be another benchmark - or low water mark - for personal freedom, the Supreme Court has agreed to hear argument next term on whether police may conduct a "pat-down" search of someone who flees from them for no apparent reason in a high-crime area. The case accepted by the justices today involves an arrest in Chicago in 1995. City Police Officer Timothy Nolan, a 9-year-veteran dressed in uniform, was part of special team converging that September on what appeared to be "high narcotics traffic area" on West Van Buren Street. Nolan was in the last of a ``caravan'' of four cars cruising down the street. Nolan said he could not remember whether his car was marked or unmarked. The officer and his partner said Sam Wardlow was standing near the front of the high-traffic area, but took off running as he looked at the officers. Nolan said Wardlow was carrying a white bag under his arm. The officers used their car to corner Wardlow in an alley, where Nolan stepped out of the vehicle to talk to Wardlow. But first, he conducted a "protective pat-down" personal search of Wardlow. Veteran officers are allowed to perform such searches for their own safety under the Supreme Court's 1968 decision, Terry vs. Ohio. The searches can be conducted without direct evidence of a crime, but can only be performed when the veteran officer has "reasonable suspicion" that the target of the search has committed or is about to commit a crime. Out in the alley in 1995, Nolan's "pat-down" found a hard and heavy shape inside the white bag that turned out to be a Colt .38-caliber pistol loaded with five rounds of ammunition. In a bench trial, a state judge found Wardlow guilty of unlawful use of a weapon by a felon, rejecting Wardlow's motion to suppress the evidence. Eventually, however, the Illinois Supreme Court suppressed the evidence and reversed the conviction, citing the Fourth Amendment's ban against "unreasonable searches and seizures." Argument in the case should be heard next winter. Two members of the Supreme Court, important swing vote Justice Anthony Kennedy in a concurring opinion in 1988, joined by Justice Antonin Scalia, have already suggested that limited searches may be constitutional when someone flees police in a high-crime area for no apparent reason. (No. 98-1036, Illinois vs. Wardlow)
------------------------------------------------------------------- Number of Foreign Women Drug Couriers Rises in 1998 (According to Kyodo News, Kansai International Airport customs officials said Monday that the number of foreign women caught while trying to smuggle drugs into Japan for suspected trafficking rings rose substantially last year.) Date: Tue, 4 May 1999 19:20:36 -0700 From: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: Japan: Wire: Number of Foreign Women Drug Couriers Rises in Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: EWCHIEF@aol.com Pubdate: Mon, 3 May 1999 Source: Kyodo News (Japan) NUMBER OF FOREIGN WOMEN DRUG COURIERS RISES IN 1998 OSAKA, May 3 (Kyodo) -- The number of foreign women caught allegedly trying to smuggle drugs into Japan through Kansai International Airport for suspected narcotic rings rose substantially last year, airport customs officials said Monday. The officials said 10 cases occurred in 1998 in which suspected smugglers were caught trying to carry at least 1 kilogram of illegal drugs into the country, the most recorded for a yearlong period since the western Japan airport opened in September 1994. Of the total, foreign women acted as suspected drug couriers on six occasions. Before 1998, customs officials caught only one female foreign drug courier, in July 1995. Drug rings asked the women, particularly Caucasians, to carry narcotics thinking they would have a higher chance of getting their assigned package through Japanese customs, the officials said. For example, one German woman who arrived at the airport from Thailand in January 1998 was arrested for allegedly trying to smuggle 2 kg of marijuana resin concealed in a can of cheese. Upon questioning, she said she was paid the equivalent of 120,000 yen while vacationing in Thailand to carry the drug into Japan, according to customs officials. Women from Israel, Britain and South Africa were also among those arrested on a charge of possessing marijuana. With the exception of one case involving South Africa, Asian countries were the source of narcotics in all the cases. Payment for carrying the drugs ranged from 120,000 to 520,000 yen, the officials said.
------------------------------------------------------------------- KLA funding tied to heroin profits (The Washington Times breaks the American media's silence about heroin trafficking funding the Kosovo Liberation Army.) From: "ralph sherrow" (email@example.com) To: firstname.lastname@example.org Subject: Fwd: DPFCA: KLA funding tied to heroin profits Date: Tue, 04 May 1999 15:27:31 PDT From: "David Crockett Williams" (email@example.com) Subject: DPFCA: KLA funding tied to heroin profits Date: Tue, 4 May 1999 12:43:36 -0700 The Washington Times, May 3, 1999 KLA funding tied to heroin profits By Jerry Seper The Kosovo Liberation Army, which the Clinton administration has embraced and some members of Congress want to arm as part of the NATO bombing campaign, is a terrorist organization that has financed much of its war effort with profits from the sale of heroin. Recently obtained intelligence documents show that drug agents in five countries, including the United States, believe the KLA has aligned itself with an extensive organized crime network centered in Albania that smuggles heroin and some cocaine to buyers throughout Western Europe and, to a lesser extent, the United States. The documents tie members of the Albanian Mafia to a drug smuggling cartel based in Kosovo's provincial capital, Pristina. The cartel is manned by ethic Albanians who are members of the Kosovo National Front, whose armed wing is the KLA. The documents show it is one of the most powerful heroin smuggling organizations in the world, with much of its profits being diverted to the KLA to buy weapons. The clandestine movement of drugs over a collection of land and sea routes from Turkey through Bulgaria, Greece and Yugoslavia to Western Europe and elsewhere is so frequent and massive that intelligence officials have dubbed the circuit the "Balkan Route." Mr. Clinton has committed air power and is considering the use of ground troops to support the Kosovo rebels against Yugoslav President Slobodan Milosevic. Last week, Sen. Mitch McConnell, Kentucky Republican, and Sen. Joseph I. Lieberman, Connecticut Democrat, called on the United States to arm the KLA so ethnic Albanians in Kosovo could defend themselves against the Serbs. Mr. McConnell and Mr. Lieberman introduced a bill that would provide $25 million to equip 10,000 men or 10 battalions with small arms and anti-tank weapons for up to 18 months. In 1998, the U.S. State Department listed the KLA - formally known as the Ushtria Clirimtare e Kosoves, or UCK - as an international terrorist organization, saying it had bankrolled its operations with proceeds from the international heroin trade and from loans from known terrorists like Osama bin Laden. "They were terrorists in 1998 and now, because of politics, they're freedom fighters," said one top drug official who asked not to be identified. The U.S. Drug Enforcement Administration, in a recent report, said the heroin is smuggled along the Balkan Route in cars, trucks and boats initially to Austria, Germany and Italy, where it is routed to eager buyers in France, Germany, Italy, the Netherlands, Portugal, Spain, Switzerland and Great Britain. Some of the white powder, the DEA report said, finds its way to the United States. The DEA report, prepared for the National Narcotics Intelligence Consumer's Committee (NNICC), said a majority of the heroin seized in Europe is transported over the Balkan Route. It said drug smuggling organizations composed of Kosovo's ethnic Albanians were considered "second only to Turkish gangs as the predominant heroin smugglers along the Balkan Route." The NNICC is a coalition of federal agencies involved in the war on drugs. "Kosovo traffickers were noted for their use of violence and for their involvement in international weapons trafficking," the DEA report said. A separate DEA document, written last month by U.S. drug agents in Austria, said that while the war in the former Yugoslavia had reduced the drug flow to Western Europe along the Balkan Route, new land routes have opened across Romania, Hungary and the Czech Republic. The report said, however, the diversion appeared to be only temporary. The DEA estimated that between four and six metric tons of heroin leaves each month from Turkey bound for Western Europe, the bulk of it traveling over the Balkan Route. A second high-ranking U.S. drug official, who also requested anonymity, said government and police corruption in Kosovo, along with widespread poverty throughout the region, had contributed to an increase in heroin trafficking by the KLA and other ethnic Albanians. The official said drug smuggling is "out of control" and little is being done by neighboring states to get a handle on it. "This is the definition of the wild, wild West," said the official. "The bombing has slowed it down, but has not brought it to a halt. And, eventually, it will pick up where it left off." The heroin trade along the Balkan Route has been of concern to several countries: The Greek representative of Interpol reported in 1998 that Kosovo's ethnic Albanians were "the primary sources of supply for cocaine and heroin in that country." Intelligence officials in France said in a recent report the KLA was among several organizations in southern Europe that had built a vast drug-smuggling network. France's Geopolitical Observatory of Drugs said in the report that the KLA was a key player in the rapidly expanding drugs-for-arms business and helped transport $2 billion worth of drugs annually into Western Europe. German drug agents have estimated that $1.5 billion in drug profits is laundered annually by Kosovo smugglers, through as many as 200 private banks or currency-exchange offices. They noted in a recent report that ethnic Albanians had established one of the most prominent drug smuggling organizations in Europe. Jane's Intelligence Review estimated in March that drug sales could have netted the KLA profits in the "high tens of millions of dollars." The highly regarded British-based journal noted at the time that the KLA had rearmed itself for a spring offensive with the aid of drug money, along with donations from Albanians in Western Europe and the United States. Several leading intelligence officials said the KLA has, in part, financed its purchase of AK-47s, semiautomatic rifles, shotguns, handguns, grenade launchers, ammunition, artillery shells, explosives, detonators and anti-personnel mines through drug profits -- cash laundered through banks in Italy, Germany and Switzerland. They also said KLA rebels have paid for weapons using the heroin itself as currency. The profits, according to the officials, also have been used to purchase anti-aircraft and anti-armor rockets, along with electronic surveillance equipment. -------------------------------------------------------------------
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