-------------------------------------------------------------------
NORML Weekly Press Release (Long-term marijuana smoking doesn't impact
cognition, study says; Medical marijuana patient exempt from criminal
prosecution, Canadian appellate court rules; U.K. government to subsidize
hemp housing; Police may not detain passenger during traffic stop, Florida
appellate court rules.)
From: NORMLFNDTN@aol.com
Date: Thu, 13 May 1999 14:05:39 EDT
Subject: NORML WPR 5/13/99 (II)
To: undisclosed-recipients:;
NORML Weekly Press Release
1001 Connecticut Ave., NW
Ste. 710
Washington, DC 20036
202-483-8751 (p)
202-483-0057 (f)
www.norml.org
foundation@norml.org
May 13, 1999
***
Long-Term Marijuana Smoking Doesn't Impact Cognition, Study Says
May 13, 1999, Baltimore, MD: Long-term use of marijuana does not lead to a
decline in mental function, according to the results of a large-scale John
Hopkins University study.
"There is no convincing evidence that [even] heavy long-term marijuana use
impairs memory or other cognitive functions," said NORML board member Dr.
John P. Morgan of City University of New York (CUNY) Medical School. "During
the past 30 years, researchers have found, at most, minor cognitive
differences between chronic marijuana users and nonusers, and the results
differ substantially from one study to another."
The most recent John Hopkins study examined marijuana's effects on cognition
on 1,318 participants over a 15 year period. Researchers gave subjects
specialized tests, called Mini-Mental State Examinations (MMSE), in 1981 and
1982. Subjects took follow-up MMSE tests 12 to 15 years later and scientists
measured rates of cognitive decline among marijuana smokers and nonsmokers.
Researchers reported "no significant differences in cognitive decline between
heavy users, light users, and nonusers of cannabis." They also found "no
male-female differences in cognitive decline in relation to cannabis.
"These results ... seem to provide strong evidence of the absence of a
long-term residual effect of cannabis use on cognition," they concluded.
The study is the first to investigate the long term effects of marijuana on
cognition in a large epidemiological sample.
Researchers did conclude that cognition declines over long time periods in
all age groups, but found this decline "closely associated with aging and
educational level, [and] ... not ... associated with cannabis use."
The study appears in the May 1, 1999, issue of the American Journal of
Epidemiology.
For more information, please contact John P. Morgan of CUNY Medical School @
(212) 650-8255 or Allen St. Pierre @ (202) 483-8751. To read an abstract of
this study online, please visit: http://www.jhsph.edu/Publications/JEPI/may199/may1con.htm
***
Medical Marijuana Patient Exempt From Criminal Prosecution, Canadian
Appellate Court Rules
May 13, 1999, Toronto, Ontario: An AIDS patient awaiting permission from the
government to use marijuana may smoke it legally in the interim, according to
a ruling this week by the Ontario Superior Court. The judge granted AIDS
activist Jim Wakeford a "constitutional exemption" from criminal prosecution
under Canada's drug laws so he may possess and grow medical marijuana without
having to "fear being treated like a common criminal."
"This decision shows that a court would be willing to provide constitutional
remedies if the government is unwilling to help" medical marijuana patients,
said Wakeford's attorney, Prof. Alan Young. "Anybody who is in a similar
situation to Jim's could apply for a constitutional exemption while the
government scrambles to figure out its marijuana policy."
Wakeford filed a civil suit against Parliament last year asking the court to
exempt him from criminal marijuana penalties. Justice Harry LaForme
dismissed his demand, noting that Wakeford could request a special exemption
to use medical marijuana from the Ministry of Health. Wakeford, along with
19 other patients, placed requests, but Justice Department lawyers admitted
that the Health Ministry only adopted preliminary guidelines this week to
review the applications. They testified that they did not know when the
Health Ministry might approve Wakeford.
Judge LaForme called Wakeford a "bona fide" medical marijuana user, and ruled
he should not face arrest or prosecution for his marijuana use while
officials review his application.
Young said that the Court's ruling could influence Parliament to "accelerate"
its medical marijuana application process. Government officials now know
that the courts "will intervene if they don't take action," he said.
Health Minister Allan Rock said the Justice Department will not appeal the
ruling.
Presently, Parliament has one bill before them that seeks to legalize medical
marijuana. They are scheduled to vote on the legislation, M-381, in June.
For more information, please contact R. Keith Stroup, Esq. of NORML @ (202)
483-5500 or attorney Alan Young of Osgoode Hall Law School @ (416) 736-5595.
***
U.K. Government To Subsidize Hemp Housing
May 13, 1999, Bury St. Edmunds, England: England's government is getting
into the hemp housing business. The Housing Corporation, a government agency
that develops low-cost housing, will spend more than $150,000 building two
homes out of compressed hemp fiber, the Financial Times reported Wednesday.
"Hemp composites, including paneling and fiberboard, comprise one of the
fastest growing segments of the wood products industry," NORML Foundation
Executive Director Allen St. Pierre said. He noted that several European
countries, including France and Germany, already use hemp hurds in housing
construction.
The Housing Corporation will construct the homes using a method popularized
in France that secures a mix of hemp and hydraulic lime on a timber frame.
Many companies are exploring the use of hemp as a building material
because it provides significant thermal and sound insulation, is fire
repellent, and recyclable.
For more information, please contact Allen St. Pierre of The NORML
Foundation @ (202) 483-8751 or NORML board member Don Wirtshafter of The
Ohio Hempery @ (740) 662-4367.
***
Police May Not Detain Passenger During Traffic Stop, Florida Appellate
Court Rules
May 13, 1999, Palm Beach, FL: Police officers may not arbitrarily
prevent passengers from leaving a vehicle during a routine traffic stop,
the Florida District Court of Appeals ruled last week. The unanimous
decision reversed a lower court's denial of a motion to suppress evidence
found during a search of passenger Jeff Wilson. Wilson later pled guilty
to possession of marijuana, cocaine, and drug paraphernalia.
"A command preventing an innocent passenger from leaving the scene of
a traffic stop to continue on his independent way is an ... unreasonable
interference ... on personal liberty ... [and] the freedom of movement,"
the Court ruled. "A wholly innocent passenger should have the right to
choose whether to continue on with his business or return to the vehicle
by his driver-companion's side."
NORML Foundation Litigation Director Tom Dean praised the decision.
"The court correctly held that without reasonable suspicion that a
passenger is involved in criminal activity or presents a threat to an
officer's safety, police lack authority to interfere with his or her
liberty and privacy," he said.
For more information, please contact NORML Executive Director R.
Keith Stroup, Esq. or Tom Dean of The NORML Foundation @ (202) 483-8751.
- END -
-------------------------------------------------------------------
Use in Oregon increasing for pill that packs power of pot (The Associated
Press says Oregon doctors are increasingly prescribing Marinol, Roxane
Laboratories' prescription drug consisting of synthesized THC, the primary
cannabinoid in marijuana. The Oregon Health Plan covered more than twice as
many Marinol prescriptions in the first three months of this year as it
covered during the same period in 1998. Dr. Rick Bayer, a chief petitioner
for the Oregon Medical Marijuana Act, pointed out that Marinol is only the
first isolated cannabinoid. "I'd like to see the most beneficial ones
available in different forms including pills, inhalers and patches," said Dr.
Bayer. He also pointed out that medical marijuana does not necessarily have
to be smoked.)
Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Thu, May 13 1999
Source: The Associated Press (OR)
Copyright: 1999 Oregon Live LLC
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: no byline
Use in Oregon increasing for pill that packs power of pot
SALEM, Ore. (AP) -- Despite Oregon's new medical marijuana law, many doctors
treating cancer and AIDS patients still fear they risk prosecution if they
recommend something the federal government considers illegal.
Still others are concerned that they may be doing their patients more harm
than good with a drug that is smoked into the lungs.
In increasing numbers, doctors are turning instead to federally approved
drugs such as Marinol, a synthetic version of THC, the key chemical
component in marijuana.
Even though the drug has been available for years, the manufacturers of the
drug, Columbus, Ohio-based Roxane Laboratories, said Marinol use has risen
since six states including Oregon approved the use of medical marijuana with
a doctor's consent. The company says about 10,000 patients use the
prescription drug nationwide.
In Oregon, statistics are limited. But one indicator is the Oregon Health
Plan, which covered more than twice as many Marinol prescriptions in the
first three months of this year as it covered during the same period in 1998.
"The problem I have with medical marijuana is that as a physician you like
to know what the potency of the agent is. Is it prepared appropriately?"
said Dr. William Pierce, a Salem oncologist. "And then there's the whole
smoking thing and putting a gas into one's lungs. There may be people with
lung conditions who shouldn't consume it."
That was the case with John Derdenger of Salem, who lost his appetite and 40
pounds after two surgeries to remove a cancerous bladder.
Derdenger thought about using medical marijuana to combat nausea and
increase his appetite. But his doctors steered him to Marinol because they
feared smoking marijuana could further irritate his lungs, which are already
scarred by emphysema.
There is a quiet debate among some doctors and proponents of the law about
the capsule versus the medical value of the weed.
Supporters of Oregon's medical marijuana law say Marinol is only the first
step in the right direction. It is the only agent, or cannabinoid, in
marijuana that has undergone research and been developed into a prescription
drug. Patients who use marijuana are able to get the benefits of dozens of
other agents in marijuana, proponents of the law argue.
"I look at Marinol as a prototype," said Dr. Rick Bayer, the chief
petitioner of Oregon's law. "It's just the beginning. It's the first
isolated cannabinoid. I'd like to see the most beneficial ones available in
different forms including pills, inhalers and patches."
Bayer also pointed out that medical marijuana does not necessarily have to
be smoked. A device is available to heat the marijuana to a degree where it
gives off a steam or a vapor. Patients can get the same effects by inhaling
the steam, he said.
Medical marijuana may also be more viable, Bayer said, for patients who
can't digest even a tiny capsule like Marinol.
-------------------------------------------------------------------
Oregon doctors are wary of prescribing marijuana (A different Associated
Press version)
Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Thu, May 13 1999
Source: The Associated Press (OR)
Copyright: 1999 The Associated Press
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: no byline
Oregon doctors are wary of prescribing marijuana
* Despite the new state law, they fear prosecution and are concerned about
harm to the smoker's lungs
SALEM -- Despite Oregon's new medical marijuana law, many doctors treating
cancer and AIDS patients still fear they risk prosecution if they recommend
something the federal government considers illegal.
Still others are concerned that they might be doing their patients more harm
than good with a drug that is smoked into the lungs.
In increasing numbers, doctors are turning instead to federally approved
drugs such as Marinol, a synthetic version of THC, the key chemical
component in marijuana.
Even though the drug has been available for years, the manufacturers of the
drug, Columbus, Ohio-based Roxane Laboratories, said Marinol use has risen
since six states including Oregon approved the use of medical marijuana with
a doctor's consent. The company says about 10,000 patients use the
prescription drug nationwide.
In Oregon, statistics are limited. But one indicator is the Oregon Health
Plan, which covered more than twice as many Marinol prescriptions in the
first three months of this year as it covered during the same period in 1998.
"The problem I have with medical marijuana is that as a physician you like
to know what the potency of the agent is. Is it prepared appropriately?"
said Dr. William Pierce, a Salem oncologist. "And then there's the whole
smoking thing and putting a gas into one's lungs. There may be people with
lung conditions who shouldn't consume it."
That was the case with John Derdenger of Salem, who lost his appetite and 40
pounds after two surgeries to remove a cancerous bladder.
Derdenger thought about using medical marijuana to combat nausea and
increase his appetite. But his doctors steered him to Marinol because they
feared smoking marijuana could further irritate his lungs, which are already
scarred by emphysema.
There is a quiet debate among some doctors and proponents of the law about
the capsule versus the medical value of the weed.
Supporters of Oregon's medical marijuana law say Marinol is only the first
step in the right direction. It is the only agent, or cannabinoid, in
marijuana that has undergone research and been developed into a prescription
drug. Patients who use marijuana are able to get the benefits of dozens of
other agents in marijuana, proponents of the law argue.
"I look at Marinol as a prototype," said Dr. Rick Bayer, the chief
petitioner of Oregon's law. "It's just the beginning. It's the first
isolated cannabinoid. I'd like to see the most beneficial ones available in
different forms including pills, inhalers and patches."
***
[quote and comment by Portland NORML:]
"The problem I have with medical marijuana is that as a physician you like
to know what the potency of the agent is. Is it prepared appropriately?"
said Dr. William Pierce, a Salem oncologist.
The problem with the above is prohibition. If it's a good thing to give
consumers choices in other areas of their lives, why isn't it a good thing
to give medical-marijuana patients the ability to shop around for their own
medicine? It should also be noted that distributing NIDA ditchweed leaf is a
worse alternative for most patients than letting them shop and/or cultivate
for themselves. Bay area cannabis clubs were enthusiastic about trying to
produce standardized products with quantified cannabinoid makeups, but the
Feds shut them down.
-------------------------------------------------------------------
Drug use by Oregon inmates drops (According to the Oregonian, records from
the Oregon Department of Corrections show the percentage of positive drug
tests produced by supposedly random tests of state prisoners has fallen to
less than then 1 percent for 12 consecutive months. The average was 9 percent
in 1989, when testing began. "The drug of choice is tobacco," said Les
Dolecal, inspector general for the state's prison system. Drug tests don't
check for nicotine. An estimated 68 percent of the state's inmate population
has a history of "substance abuse," according to admission records - about
the same percentage of people sentenced to hard time for felony illegal-drug
offenses combined with alcohol-related excesses. The newspaper omits the
cost of more than 50 dog-searches per day and drug tests for 5 percent of
8,500 inmates every month, together with the particular technology used and
false-positive rate.)
Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Thu, May 13 1999
Source: Oregonian, The (OR)
Copyright: 1999 The Oregonian
Contact: letters@news.oregonian.com
Address: 1320 SW Broadway, Portland, OR 97201
Fax: 503-294-4193
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: Michelle Roberts, the Oregonian
Drug use by Oregon inmates drops
* The prison system puts a damper on illegal substances, but the prisoners
still try to smuggle in tobacco
As Oregon inmates sink more effort into sneaking cigarettes and other
tobacco products into state prisons, their use of illegal drugs continues to
decline, according to records released this week.
For the first time in the history of the Oregon Department of Corrections,
the percentage of positive drug tests among randomly selected state
prisoners has fallen to less than then 1 percent for 12 consecutive months,
agency records show.
And of the 406 inmates subjected to urinalysis in March, all tested negative.
"The drug of choice is tobacco," said Les Dolecal, inspector general for the
state's prison system. "Tobacco is a problem we're dealing with daily. But
what's positive is that we're seeing less focus by inmates on getting
illegal drugs."
Each month, a computer program randomly selects 5 percent of the state's
8,500 inmates to be tested for opiates, amphetamines, cocaine and marijuana.
The department does not test for nicotine.
Over the past 10 years, the number of positive drug tests among inmates have
steadily declined, from an average of 9 percent in 1989, when testing began,
to an average of .28 percent so far this year.
In the three years since the department implemented a no-smoking policy for
inmates, the percentage of inmates testing positive for drugs has almost
halved from an average of 0.93 percent in 1996 to 0.53 in 1998.
An estimated 68 percent of the state's inmate population has a history of
substance abuse, according to admission records.
Since the smoking ban was implemented, tobacco has become the hottest item
in the prisons' underground black market.
But tobacco doesn't account for the entire decline in illegal drug use, said
Dolecal, who credited "staff diligence," aggressive drug treatment programs
and the use of drug-sniffing dogs to weed out stashes behind prison walls.
For example, in April there were 1,467 dog searches - about 50 a day - of
inmate cells throughout the state. Dogs turned up 34 stashes that month,
Dolecal said.
Oregon consistently is among the lowest states in the nation for inmates
testing positive for drug use, according to the Criminal Justice Institute.
In 1996, when the national average was 9.3 percent, Oregon was the lowest
with less than 1 percent of inmates testing positive.
In addition to the cell searches, investigators pore over inmate mail and
collect information about conspiracies to bring in illegal drugs.
"We're getting smarter about how we track drug activity," Dolecal said.
You can reach Michelle Roberts at 503-294-5041 or by e-mail at
Michelleroberts@news.oregonian.com.
-------------------------------------------------------------------
Epitope Announces Orasurer(r) Oral Fluid Drugs-Of-Abuse Testing Product To Be
Used for STC Technologies/Lab One Agreement (A company press release on PR
Newswire provides an update on the campaign by Epitope, based in Beaverton,
Oregon, to cash in on the drug-testing industry with a technology that uses
saliva samples. The company doesn't bother to mention any false-positive
rate, since courts generally won't allow such evidence to be heard, even when
plaintiffs or defendants can afford the expert testimony.)
Date: Fri, 14 May 1999 00:07:05 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: Wire: Epitope Announces Orasurer Oral Fluid
Sender: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: EWCHIEF
Pubdate: Thu, 13 May 1999
Source: PR Newswire
Website: http://www.prnewswire.com/
Copyright: 1999 PR Newswire
EPITOPE ANNOUNCES ORASURE(R) ORAL FLUID DRUGS-OF-ABUSE TESTING PRODUCT
To Be Used for STC Technologies/Lab One Agreement
BEAVERTON, Ore., May 13 /PRNewswire/ -- Epitope (Nasdaq: EPTO) announced
today that its OraSure(R) oral specimen collection device will be used for
drugs-of-abuse testing under an agreement recently signed by STC
technologies, Inc. and LabOne, Inc. (Nasdaq: LABS). STC has contracted with
LabOne to provide oral fluid analysis for STC's Intercept(TM) Drugs of Abuse
product line in the North American work site testing market.
Recent studies of STC's Intercept Drugs of Abuse system indicate that it can
accurately test for the NIDA 5 panel -- THC, Opiates, Cocaine, PCP and
Amphetamines/Methamphetamines -- using oral fluids collected with the
OraSure collection device. An individual being tested with Intercept is
asked to place the OraSure collection device in his or her mouth for two to
five minutes. Once the collection pad is saturated, it is placed in a
collection vial. The vial is then sent to LabOne for analysis. Results are
reported within 24 to 72 hours.
John W. Morgan, Epitope's president and chief executive officer, commented,
"We are pleased about the solid progress being made with our two business
partners, STC Technologies and LabOne, in addressing the tremendous market
need for drugs-of-abuse testing in the workplace. Both companies have made a
significant financial investment in drugs-of-abuse testing and a commitment
to the needs of employers. We are excited about the strong growth
opportunity the workplace environment presents."
Drug testing is now used in 90 percent of Fortune 1000 companies because
maintaining a drug-free work environment can significantly improve safety
and productivity, while reducing absenteeism and theft. The most common
means to test for substance abuse involves collecting urine or blood
samples, both of which can be considered invasive or inconvenient.
The availability of the Intercept oral fluid test will allow administrators
to test for impairment on demand, and will eliminate scheduling costs and
streamline the testing process. It also will allow illicit drug testing to
be performed using oral fluid rather than blood or urine. Pilot programs in
key markets are expected to begin in the Fall.
Epitope, Inc. is an Oregon-based corporation that develops and markets
medical devices and diagnostic products. Its focus is on products that use
oral fluid in the detection of HIV infection, with emphasis in the life
insurance and public health markets, drugs of abuse and other analytes.
Statements in this press release about future sales levels or other future
events or performance are forward-looking statements. The company's actual
results could be significantly different. Factors that could affect results
include the extent of future use of oral fluid testing with OraSure in the
insurance industry or other key markets; loss or impairment of sources of
capital; ability of the company to develop product distribution channels;
ability of the company to develop new products; development of competing
products; changes in international, federal or state law or regulations;
uncertainties related to customers' and suppliers' ability to achieve year
2000 compliance; and loss of key personnel. Although forward-looking
statements help to provide complete information about the company, readers
should keep in mind that forward-looking statements are much less reliable
than historical information.
SOURCE Epitope
05/13/99
CONTACT: Charles E. Bergeron of Epitope, Inc., 503-520-6256; or Lisa
Carlton-Wilson of In-Site Communications, 212-759-3929, for Epitope//Company
News On-Call: http://www.prnewswire.com/comp/285632.html or fax,
800-758-5804, ext. 285632//Web site: http://www.epitope.com/ (EPTO LABS)
CO: Epitope; STC Technologies, Inc.; LabOne, Inc. ST: Oregon IN:MTC SU: CON
{PRNewswire:WallStreet-0513.01972} 05/13/99
-------------------------------------------------------------------
Medical pot case ends in mistrial: Jury deadlocks on intent to sell (The
Sacramento Bee says the marijuana trafficking trial of Dr. Michael Baldwin, a
medical marijuana patient and dentist in Rocklin, California, and his wife,
Georgia, ended in a mistrial Wednesday after a Placer County jury announced
it was hopelessly deadlocked. "The big hang-up," said David Brownstein, the
jury foreman, "is that there are no guidelines in Placer County that would
define how many plants someone can have before that person should be
arrested." "We have lost everything. They've totally destroyed our lives,"
said Dr. Baldwin. The District Attorney's office said no decision had been
made on whether to retry the case.)
From: CLaw7MAn@webtv.net (Mike Steindel)
Date: Thu, 13 May 1999 18:50:35 -0700 (PDT)
To: cp@telelists.com
Subject: [cp] sacbee Local News: Medical pot case
ends in mistrial: Jury deadlocks on intent to sell
This is from the Sacremento Bee... I thought for sure this case would
end with a not guilty verdict. It seems that jurors or at least half of
them think you can actually grow 27 pounds of cannabis indoors under
HID's from 146 plants. It seems to me that juries need to be told the
truth about hydroponics. I think we need to get info out there on what
the realities are so these cases don't go to uninformed jurors.
***
Medical pot case ends in mistrial: Jury deadlocks on intent to sell
By Art Campos
Bee Staff Writer
(Published May 13, 1999)
The medical marijuana trial of a Rocklin dentist and his wife ended in a
mistrial Wednesday after a jury announced it was hopelessly deadlocked
as to whether the pair intended to sell any of the marijuana.
The Placer County Superior Court jury was split 6-6 in the case of
Michael Baldwin and 7-5 favoring acquittal of his wife, Georgia.
After the trial, the District Attorney's Office said no decision has
been made on whether to retry the case.
The Baldwin case was being closely watched throughout the state because
of its implications for Proposition 215, the Compassionate Use Act
approved by voters in 1996.
Two weeks ago, Judge James D. Garbolino acquitted the Baldwins of
marijuana cultivation charges, ruling that the prosecution had failed to
prove the 146 plants being grown in the couple's Loomis home were more
than enough to ease their medical afflictions -- Michael Baldwin's
migraine headaches and back pain and Georgia Baldwin's migraines and
endometriosis.
That left the jury with only one question -- whether the Baldwins, who
had written recommendations from a physician for marijuana treatment for
their ailments, intended to sell any of the marijuana.
One prosecution expert testified that the plants seized last September
would have yielded 27 pounds of processed marijuana. He also said a
digital gram scale and empty box of plastic baggies were found in the
Baldwins' home.
Deputy District Attorney David Tellman argued that the evidence was
"consistent with the grower's intent to sell."
Jury Foreman David Brownstein said the panel wrestled with the question
for four days but couldn't come up with an answer.
"We couldn't get into someone's mind to prove the intent to sell," he
said. "Some of the members felt (the Baldwins) were growing much more
marijuana than they could possibly use for themselves. If you have more
than you can use, then what are you going to do with the rest of it?
"The big hang-up," Brownstein said, "is that there are no guidelines in
Placer County that would define how many plants someone can have before
that person should be arrested."
Michael Baldwin, hoping for an acquittal, was seething after the
mistrial. He said he felt some jurors were "preprogrammed" to believe
that anyone with marijuana is guilty of an offense.
"It's totally obvious that we didn't break the law," Baldwin said. "But
no matter what evidence we offer, they'll still say we were guilty
because cannabis was involved."
He then shouted to no one in particular, "We have lost everything.
They've totally destroyed our lives."
Defense attorney Laurence Lichter urged that the charges be dropped.
Although disappointed by the deadlock, Lichter said he hopes the
prosecutors will see that they'll never get a conviction with the
evidence they've presented.
"I thought they had zero evidence," he said. "It was all circumstantial."
http://www.sacbee.com/news/news/local09_19990513.html
-------------------------------------------------------------------
Ventura Writes Tell-All Biography (The Associated Press says Minnesota Gov.
Jesse "The Body" Ventura's new autobiography, "I Ain't Got Time to Bleed:
Re-working the Body Politic From the Bottom Up," admits he used marijuana and
steroids.)
Date: Fri, 14 May 1999 00:07:13 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US MN: Wire: Ventura Writes Tell-All Biography
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: EWCHIEF
Pubdate: Thu, 13 May 1999
Source: Associated Press
Copyright: 1999 Associated Press
VENTURA WRITES TELL-ALL BIOGRAPHY
ST. PAUL, Minn. (AP) In his new autobiography, Gov. Jesse "The Body"
Ventura brags about losing his virginity at 16 to win a bet, tells of
visiting prostitutes in Nevada, admits he used marijuana and steroids and
confides he doesn't wear underwear.
Published by Random House/Villard, "I Ain't Got Time to Bleed: Re-working
the Body Politic From the Bottom Up" is available online and hits stores
later this month.
For some lawmakers, the former pro wrestler's $19.95 tell-all is a
tell-too-much.
"If Minnesotans didn't know Jesse Ventura when they elected him, they
certainly do now. I guess that proves that ignorance is bliss," said state
Sen. Roy Terwilliger, a Republican. "Frankly, I miss the bliss."
Ventura, who shocked Minnesota's political establishment with his
third-party upset victory last fall, confesses to everything from juvenile
"mischief" stealing a ladder and throwing it through a school window to some
serious adult carousing.
He says he and his high school friends had a bet over who would be first to
lose his virginity. Ventura won on New Year's Eve, in his good friend Jerry
Flatgard's bed.
"But don't worry, Jerry wasn't with me. We weren't that close!" Ventura writes.
As he escorted the girl out of the house, he gave the thumbs-up to his
buddies when she wasn't looking. "And it was funny, but after that night I
was never again with her. It was just one of those things," he says.
The book is blunt, blustery and profane, like Ventura the man. He boasts
that he was the first Minneapolis high school swimmer to break one minute in
the 100-yard butterfly, and he declares: "I was the greatest announcer
wrestling's ever had."
Even his account of a visit to a Nevada bordello during his Navy days is a
cause for self-congratulation. He tells of selling his belt made of
machine-gun shell casings to a hooker in return for her services, plus
$10.
"I'm probably one of the only people in the world who's gone into a Nevada
ranch and been paid," he writes. "I used that $10 to go to another one."
(During the campaign, Ventura called prostitution a victimless crime and
suggested that Minnesota consider legalizing it.)
Most of the first 38 pages of the 208-page volume are a recap of where he
stands on such issues as urban sprawl and the role of government. As for his
election, he says: "The bottom line is that my opponents were boring."
The former Navy SEAL describes his 17 months of duty in Southeast Asia late
during the Vietnam War as more partying than fighting. He says he loved life
in the Philippines, with lots of drinking, sex and indecent exposure during
"skivvy checks" on bar tabletops.
Navy SEALs don't wear underwear, Ventura relates, and the skivvy checks were
done to prove it.
"To this day, I still honor that tradition most of the time," he writes.
Ventura signed the book deal for "mid-six figures" a month after his election
and dictated most of it into a tape recorder for a ghostwriter. He has said
some of the proceeds will go toward teaching young Minnesotans about
politics.
-------------------------------------------------------------------
Attorney Arrested In Narcotics Bust (The New Haven Register says Richard P.
Silverstein, a prominent local defense attorney, was arrested Wednesday
afternoon after allegedly being observed by undercover drug prohibition
agents buying crack cocaine in Fair Haven, Connecticut.)
Date: Thu, 13 May 1999 04:57:11 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CT: Attorney Arrested In Narcotics Bust
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: Thurs, 13 May 1999
Source: New Haven Register (CT)
Copyright: 1999, New Haven Register
Contact: letters@nhregister.com
Website: http://www.ctcentral.com/cgi-bin/w3com/start?ctcentral+FrontPage
Forum: http://www.ctcentral.com/
Author: William Kaempffer and JoAnne Viviano
Note: some interesting comments from an observer here.
ATTORNEY ARRESTED IN NARCOTICS BUST
NEW HAVEN - A prominent local defense attorney was arrested Wednesday after
being observed by undercover drug agents allegedly buying crack cocaine,
police said.
Richard P. Silverstein was arrested in Fair Haven at 4:30 p.m. after he
briefly tried to flee, according to police.
Authorities later impounded his Jaguar while he was being processed for drug
possession and other charges at police headquarters.
He was released after posting bond. The amount was unavailable late
Wednesday.
According to police Capt. Brian Sullivan, narcotics officers with Reclaim
Our Cities Connecticut Youth, or ROCCY, were conducting surveillance near
the intersection of Ferry and Clay streets in Fair Haven when Silverstein
pulled up in his car.
"We were on a surveillance and he was observed buying" drugs, Sullivan said.
"Two members of the New Haven Police Department assigned to the ROCCY unit
made the arrest."
Before they could, however, Silverstein, 42, drove off and reportedly tried
to destroy the drugs, according to police.
"Subsequently, police did stop him. He was taken into custody and found in
possession of several pieces of crack cocaine," Sullivan said.
He faces counts of possession of narcotics, possession within 1,500 feet of
a school and interfering with a police officer.
A man who answered the telephone at Silverstein's law office said "no
comment" when asked about the charges.
Many who knew Silverstein described him as a dapper attorney with a quick
wit.
Silverstein is one of a handful of New Haven defense lawyers who regularly
try criminal jury cases in Superior Court in the city.
New Haven attorney William F. Dow III cautioned against jumping to
conclusions based on the arrest.
"If we've learned anything from recent history, it is that just because
somebody is arrested does not mean they are guilty," Dow said. "That's what
the Constitution provides and that's the way I look at charges like these."
He called Silverstein a "well-known, well-recognized" lawyer who "fights
fiercely for his clients."
Attorney Hugh F. Keefe, also of New Haven, said he was "very surprised" to
hear of the arrest.
"I regard him highly," Keefe said. "He is generally well-respected by
lawyers and he has had good success.
" . . . I just hope that, if there's a problem, it's treated immediately,"
Keefe added. "I question many times the involvement of the criminal justice
system in cases where there is a substance problem."
Silverstein this week has been working on jury selection in Superior Court
for the murder trial of his client, Roshawn Green. The trial is expected to
start on Monday.
Green, 17, of 685 Congress Ave., is charged in the January 1997 slaying of
Noel "Willito" Santiago, 16, near Congress Avenue and White Street.
Santiago was shot once in the head while a passenger in a vehicle driven by
his girlfriend, according to court documents.
-------------------------------------------------------------------
Action Class for Therapeutic Cannabis - 170 Plaintiffs to Testify (A list
subscriber forwards an update from Lawrence Elliott Hirsch, the lead attorney
for the federal class-action lawsuit in Philadelphia that seeks to end the
ban on medical marijuana. Plaintiffs and attorneys have agreed to request a
90-day delay in the discovery process.)
Date: Sun, 16 May 1999 15:00:51 -0400
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
From: Paul Wolf (paulwolf@voicenet.com)
Subject: FWD: Action Class for Therapeutic Cannabis -- 170 Plaintiffs
to Testify
Sender: owner-drctalk@drcnet.org
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
)
KIYOSHI KUROMIYA, et al., )
Plaintiffs, )
)
v. ) CIVIL ACTION NO. 98-3439
)
THE UNITED STATES OF AMERICA, )
Defendant )
____________________________________________)
May 13, 1999
Dear Members of the Action Class and also Supporters and Interested Parties to
the Class Action Lawsuit for Therapeutic Cannabis,
A few days ago, the government attorney, Karen Temple contacted me to request
an extension of the present "Discovery" deadlines. After some discussion, we
agreed that we would file a "Joint Motion to Modify Scheduling Order,"
extending the "Discovery Cutoff" for 90 days. Yesterday that "Joint Motion to
Modify Scheduling Order" was executed, signed by counsel, and filed for
consideration by Judge Katz. Since both parties agreed that a reasonable
extension was in the interests of justice, it is likely that Judge Katz will
grant the motion. We will advise you as soon as Judge Katz enters his Order.
All Plaintiff Class Representatives and Petitoners should continue to provide
the information requested for completion of answers to the government
interrogatories. We must use all of the newly available time in the most
positive, constructive way. We will be organizing and building on our network.
Look for exciting changes on the "Fairlaw" website and the "ActionClass"
website over the next few weeks. We will report on all major developments as
soon as they happen.
Love & Respect,
Lawrence Elliott Hirsch, Chief Counsel
http://www.fairlaw.org/
-------------------------------------------------------------------
Bus Driver Had Been Fired for Drugs (The Associated Press account of a bus
crash Sunday in New Orleans that killed 22 passengers sensationally
emphasizes the probably irrelevant fact that the driver, Frank Bedell, tested
positive for cannabis metabolites and had been fired previously for similar
violations.)
Date: Fri, 14 May 1999 00:55:38 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US LA: Wire: Bus Driver Had Been Fired for Drugs
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: EWCHIEF
Pubdate: Thu, 13 May 1999
Source: Associated Press
Copyright: 1999 Associated Press
Author: Alan Sayre, Associated Press Writer
BUS DRIVER HAD BEEN FIRED FOR DRUGS
NEW ORLEANS (AP) The driver of a charter bus that crashed and killed 22
people was fired from bus companies in 1996 and 1989 after testing positive
for marijuana four times, authorities said Thursday.
A federal investigator also confirmed a report that Frank Bedell, 46, tested
positive for marijuana when he was hospitalized Sunday after the bus veered
off a highway and plunged into an embankment.
It was not clear how long before the crash Bedell might have smoked
marijuana or whether the presence of the drug in his system contributed to
the accident, said Ken Suydam, the lead National Transportation Safety
Board investigator.
"It's another piece of the puzzle we have to put together," Suydam said.
The cause of the crash has yet to be determined. Bedell remains in a
hospital and is unavailable for comment.
Investigators are looking into reports that a car may have cut in front of
the bus just before it crashed. They have found no evidence that the bus had
any mechanical problems that might have contributed to the accident.
Bedell's medical history, which includes kidney and heart problems, has not
been linked to the accident by investigators. Investigators say the case
shows gaps in the system to make sure bus drivers are medically sound.
Bedell's history of testing positive for marijuana happened while employed
as a municipal bus driver in New Orleans and in suburban Jefferson Parish.
Authorities previously said he tested positive for cocaine in 1997 after
applying for a job with Greyhound.
Sometime after being hired in New Orleans in 1976, Bedell was given a drug
test because he had been absent for work for eight days, Suydam said. After
testing positive for marijuana, Bedell spent several months attending
classes in an employee assistance program.
But he later tested positive again for the drug and was fired in March 1989,
Suydam said.
In 1992, Bedell was hired as a driver for suburban buses. He failed a
marijuana drug test the next year, Suydam said. Bedell spent two months in a
drug rehabilitation program, but tested positive again for the drug in 1996
and was terminated a week later.
Authorities said Bedell passed at least three drug tests while working for
Custom Bus Charters, the company that provided the bus for the Mother's Day
gambling excursion to a Mississippi casino.
Custom president Donna Begovich said in a statement Thursday she was shocked
to learn Bedell tested positive for marijuana after the crash.
"Of course, Custom had no way of knowing Frank's drug usage at any time,"
Begovich said. "Frank Bedell passed his pre-employment drug test, the city's
drug test, a police background check and three subsequent random drug tests
within an 18-month period. What else could we have done?"
Custom officials have also said companies Bedell worked for previously never
told them that he had failed drug tests.
-------------------------------------------------------------------
Court Upholds Ruling In 'Narc' Case (The Daily Times says the Maryland Court
of Appeals on Tuesday upheld a lower court ruling that Bernadette DiPino, an
Ocean City police officer, had no probable cause to arrest Wayne Nelson Davis
in 1991. Davis is seeking damages, alleging DiPino acted maliciously when he
was arrested and jailed for two days after he identified her in public as a
"narc.")
Date: Fri, 14 May 1999 20:52:38 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US MD: Court Upholds Ruling In 'Narc' Case
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: combexeast@aol.com
Pubdate: Thu, 13 May 1999
Source: Daily Times, The (MD)
Contact: newsroom@shore.intercom.net
Author: David Suznavick
COURT UPHOLDS RULING IN 'NARC' CASE
OCEAN CITY - The Maryland Court of Appeals upheld a lower court ruling
Tuesday that a resort police officer had no probable cause to arrest an
Ocean City man in 1991.
Ocean City officials claim Wayne Nelson Davis hindered officer Bernadette
DiPino in her capacity as an undercover narcotic investigator.
Davis alleges DiPino acted maliciously when she sought hindering charges
against him after he allegedly identified her in public as a "narc."
DiPino and another officer were leaving a downtown Ocean City bar when Davis
allegedly made the comment to a friend, according to police records.
Though prosecutors eventually dropped the charges, Davis spent two nights in
jail before selling his car to post a $50,000 bond. He is seeking
compensation and punitive damages because of false arrest, false
imprisonment, malicious prosecution and abuse of process charges.
The high court ruling Wednesday means the civil lawsuit will return to the
Worcester Circuit Court and must incorporate the lower court decision.
The decision likely will help Davis' case.
According to Peter Wimbrow, Davis' attorney, the case will center on whether
or not DiPino had probable cause and whether or not Davis' comments
constituted protected speech.
The case reached the high court after the Worcester Circuit Court refused to
consider Davis' charges, stating DiPino had probable cause.
The ruling was overturned last year when the Court of Special Appeals ruled
the circuit court erred, stating the officer had to be performing her duties
at the time.
The high court agreed, stating "that was no evidence that DiPino ... was
engaged in any police activity when Davis made his remark.
The court also agreed with the lower court opinion that Davis' comments were
protected speech.
Referring to a U.S. Supreme Court decision, the court stated, "there is
utterly no evidence in this record that Davis made his remark ... with the
intent to incite or produce imminent lawless action. Nor, under the
circumstances, were his words likely to incite or produce any such action
against DiPino ..."
Citing the complexity of the court's 40-page decision, neither Wimbrow nor
Town Attorney Guy Ayres would comment on what impact Wednesday's decision
would have on the case.
-------------------------------------------------------------------
Science and the End of Marijuana Prohibition (Jon Gettman, the former
director of NORML who has been petitioning the federal government since 1995
to reschedule marijuana, shares the text of his lecture today at the 12th
International Conference on Drug Policy Reform. Most people assume marijuana
was classified as a Schedule 1 drug because it satisfied the required
criteria. Instead it was the old con job called the bait and switch. There
are three secrets to the success of marijuana prohibition. First, they made
the fine print deceptive and difficult to understand. Second, they make it
take forever to even attempt to change it. Third, they made sure there was a
fall guy to deflect responsibility from the key decision-makers. Just what is
the drug problem? Is it a health problem, is it a law enforcement problem?
The drug problem is that the federal government of the United States won't
follow the law when it comes to marijuana's regulation, and they never have.)
Date: Thu, 13 May 1999 21:46:27 -0400
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
From: Jon Gettman (Gettman_J@mediasoft.net)
Subject: Science and the End of Marijuana Prohibition
Reply-To: Gettman_J@mediasoft.net
Sender: owner-drctalk@drcnet.org
Science and the End of Marijuana Prohibition
By Jon Gettman
Presented at the 12th International Conference on Drug Policy Reform
May 13, 1999
The basic purpose of this short presentation is to explain why marijuana is
presently a prohibited schedule 1 drug and to explain how the rescheduling
process is being used to change this.
There are three secrets to the success of marijuana prohibition. 1) They made
the fine print deceptive and difficult to understand. 2) They make it take
forever to even attempt to change it. 3) They made sure there was a fall guy to
deflect responsibility from the key decision-makers.
All three of these secrets provide the basis for various traps waiting for
anyone who dares to challenge this established order. For example -- I could
spend all my time here today trying to explain the fine print. Instead I'm
going to read you an August 14, 1970 letter from the Nixon Administration to
Congress that explains why marijuana was originally placed in Schedule 1 in
1970.
"Dear Mr. Chairman: In a prior communication, comments requested by your
committee on the scientific aspects of the drug classification scheme
incorporated in H.R. 18583 were provided. This communication is concerned with
the proposed classification of marihuana.
"It is presently classed in schedule I(C) along with its active
constituents, the tetrahydrocannibinols and other psychotropic drugs.
"Some question has been raised whether the use of the plant itself
produces "severe psychological or physical dependence" as required by a
schedule I or even schedule II criterion. Since there is still a considerable
void in our knowledge of the plant and effects of the active drug contained in
it, our recommendation is that marihuana be retained within schedule I at least
until the completion of certain studies now underway to resolve the issue. If
those studies make it appropriate for the Attorney General to change the
placement of marihuana to a different schedule, he may do so in accordance with
the authority provided under section 201 of the bill. . .
"Sincerely yours, (signed) Roger O. Egeberg, M.D."
The reference to "certain studies" is to the then-forthcoming National
Commission on Marihuana and Drug Abuse. This commission recommended the
decriminalization of marijuana, and also advised that the arbitrary
distinctions between licit and illicit drugs be dropped.
It was clear in 1970 that marijuana did not have the high potential for abuse
required for Schedule 1 status, and it was even more clear after the
Commission's reports were released. However no Attorney General has ever taken
steps to remove marijuana from schedule 1, and most people assume it was placed
there because it satisfied the required criteria. Instead it was the old con
job called the bait and switch.
The second secret is that it takes forever to even try to change marijuana's
status. The previous time an attempt was made took 22 years. The present
challenge actually is about 5 years old and will likely take another 2 to 5
years to resolve depending on the ethics of the scientists on the government
payroll's. One of the traps here is the difficulty to focus and maintain
support for such a challenge for so long a period of time.
That was going to be the topic of my presentation today, until I remembered the
third secret of prohibition. I never get to talk about this one because of all
the time required by the first two. However you can read a lot about the legal
and scientific doctrine of the petition on-line -- at www.hightimes.com and at
www.norml.com -- you will find full text versions of the rescheduling petition,
additional articles about the challenge, and several exhibits.
The third secret behind the success of marijuana prohibition is that they made
sure there was a fall guy to deflect responsibility from the key
decision-makers.
The Drug Enforcement Administration had a conference last year and during his
remarks Thomas Constantine, the present administrator of DEA, rejected the
assertion that alcohol and tobacco are gateway drugs. "[T]hat argues in the
face of logic. Because from my era everybody smoked and everybody drank and
there was no drug use."
But, as DEA told CNN when they referred the petition to HHS in 1997, "We are
not scientists over here." That is correct, instead the public servants over
at DEA are the fall guys . . . and gals . . .who deflect responsibility from
key decision makers.
As I've introduced and discussed these three secrets of prohibition I've kept
referring to "they". Who are they, you might wonder? It really doesn't matter
so much as it does that "they" are not the key decision makers in the public
policy process used to reschedule marijuana.
I want to talk about a man named Alan Turing for just a minute. This may seem
like a digression but it is, in fact, the whole point of my remarks today. I
don't know a lot about this man, indeed what I do know of him I learned just
yesterday from a wonderful book entitled "Frontiers of Complexity" by Peter
Coveney and Roger Highfield.
Along with John von Neumann, Alan Turing devised "the mathematical, logical,
and physical foundations of the electronic digital computer." Turing also
helped break the German's secret codes during World War 2, is considered a
pioneer in the study of complex systems and is the father of artificial
intelligence. Alan Turing was an Englishman whose life work has made profound
contributions to the betterment of society. In 1950 someone broke into his
apartment, and in the police investigation that followed Turing had to confess
that he was gay. Well, in that time and place this too was prohibited
activity. Alan Turing was convicted of "gross indecency" in Great Britain,
forcefully subjected to unneccessary medical treatment, denied a visa to visit
the United States to collaborate with von Neumann and other scientists (in
part because as a homosexual he was presumed to be a security risk), and in
June 1952 Alan Turing committed suicide at age 41 by taking several bites from
an apple he had laced with cyanide.
There are individuals in society, any society, that seek to impose their will
on others at any cost. Even at the cost of a national treasure like Alan
Turing.
This is certainly a good time to draw a parallel between this story and
marijuana prohibition today. Certainly prohibition is a policy that is
pursued and supported by individuals as a great crusade that must be won at any
cost, even at the cost of 700,000 or more arrests per year, because in their
opinion this is required for the moral betterment and/or cleansing of society.
However there is more than this that makes Alan Turing worth thinking about. A
lot of people do not think that marijuana prohibition is all that great of an
injustice, or that the costs are not unbearable for society. Many people who
support prohibition believe it is worth any cost to maintain, even breaking the
law itself. Because marijuana's Schedule 1 status is against the law, the law
that requires that a drug has to have the highest potential for abuse to
justify a prohibition under the laws of the United States. The supporters of
prohibition have found it convenient to ignore this small but important
detail. They want to get the rest of the country to support their moral
crusade against marijuana use even at the expense of equal treatment under the
law -- the most precious value of our society. Turing is also one of the key
pioneers in a field that is now called "complexity". In formal discussion
complexity represents the magnitude of problem solving required to reach a
desired solution. One of my professors often uses an example of the modern
self-focusing camera as an example of complexity. It contains 7 fundamental
technologies and it is beyond the capacity of a single repair-person to learn
and understand them all.
There are problems in this world that are beyond the comprehension of any
individual and must be solved by communities of intellect. Drug policy
problems, I believe, fall into this category - and one of the lessons I want to
emphasize is that we must continue to function as a community working on
different facets of a common problem.
However scientists are the current focus. John von Nuemann, Turing's American
colleague, helped build one of the first computers in order to solve the
complex calculations required to make the first hydrogen bomb. The making of
the atomic and hydrogen bombs is a classic example of how science functions as
a community to solve complex problems, in this case discovering the secrets of
the atom.
Scientists who work for governments sometimes must make ethical choices between
following orders or following scientific principles. Even today we hear about
the conflicts faced by scientists at the Los Alamos laboratory between the need
to participate in open scientific exchange with international colleagues and
the need to maintain security for classified information. This conflict
permeates every aspect of scientific activity, and the question of the hour is
how much they influence the scientific work at the Department of Health and
Human Services when it comes to marijuana prohibition.
So now I want to talk about the Department of Health and Human Services (HHS),
the aforementioned and mysterious key decision makers. HHS calls the shots
when it comes to marijuana prohibition, and the cops at DEA and the general
over at ONDCP take the heat. That's how the process is set up, and it is
amazing that HHS gets away with it.
For example HHS must produce a medical and scientific evaluation for any drug
subject to the scheduling process, and scheduling is based on this document.
However this key document is not even made available to the public - it is
only available by way of a Freedom of Information Act request. If you called
DEA today and asked to see ANY scheduling evaluation provided for them by HHS,
you will be told that DEA can not release another agency's work product and
that a FOIA request is required.
That's another way of saying the documents are classified, or too sensitive for
wide public circulation. However we're not talking about the atomic bomb,
we're talking about evaluations of controlled substances that determine, in the
case of marijuana, whether or not millions of people will be subject to
criminal prosecution or not. One of the defining characteristics of scientific
output is that it is subject to public review, that it be made available to
the community - both to other scientists and indeed to the general public.
This example should set off alarm bells within the scientific community -- it
is a procedural technicality, but procedural technicalities are what scientific
ethics are all about.
Now I will cut to the chase, as they say. Here is the point of the petition,
in a nutshell. If the federal government wants to keep marijuana in schedule
1, or if they believe that placing marijuana in schedule 2 is a viable policy,
then we're going to cross-examine under oath and penalty of perjury every HHS
official and scientist who claims that marijuana use is as dangerous as the use
of cocaine or heroin. Scheduling is based on scientific analysis, not DEA policy
or preference. They hide the evaluations from public critique to obscure this
fact, and to make sure that criticism of scheduling decisions falls on DEA and
not HHS. This process allows HHS to escape public accountability for their
decisions. They are not scientists at DEA. HHS findings on scientific and
medical issues are binding on DEA. So it is fairly clear who's in control of
this process - HHS is.
Here is another important aside. Until 1988 no scientist in the world knew how
marijuana caused its characteristic effects. The discovery of the cannabinoid
receptor system revolutionized understanding of marijuana. Research findings
from 1988 to 1994 provide the key scientific basis for marijuana's
rescheduling. In correspondence Thomas Constantine stated in 1995 that DEA
did not know of any information that would require new proceedings. After
receiving my petition and studying it for 30 months DEA admitted in December
1997 that it provided sufficient grounds for the removal of marijuana and all
cannabinoid drugs from schedules 1 and 2. It turns out that there was
sufficient information on record, and I conclude that DEA just wasn't aware of
its significance. After all, they're not scientists over there, are they?
But they are scientists over at HHS. They knew about these new research
findings; a few of the most important were discovered in the labs at the
National Institute of Mental Health. Federal law requires HHS to summarize and
publish marijuana research findings every three years, yet this process ground
to a halt as soon as Donna Shalala took office as the Secretary of Health and
Human Services, just as the key receptor discoveries occurred. I want to be
very clear about this. These discoveries were well publicized in the press and
in scientific journals - but they were never summarized in the triennial
reports to Congress and the people that are required by law.
Now the law also requires that marijuana have a high potential for abuse to be
a schedule 1 drug, or even a schedule 2 drug. Why, when it comes to
marijuana, is it okay for the federal government to ignore the laws we the
people passed in our democratically elected legislature? Why is it that they
seek to maintain marijuana prohibition at any cost? At a cost to the rule of
law, and at the cost of over 700,000 arrests per year?
Why is it that the scientists at HHS have known that marijuana does not belong
in schedule 1 or schedule 2 and have never acted to remove it? It seems
logical that if High Times and I could file a rescheduling petition that HHS
could too. In fact the CSA states that HHS can begin proceedings itself,
without waiting for an interested party to file a petition. I suggest that one
of the reasons the rescheduling petition is currently stalled over at HHS is
that several scientists on the public payroll over there are wrestling with
their consciences over these very issues. Will the loss of scientific
integrity become another casualty to maintaining marijuana prohibition at all
costs? I stated earlier that marijuana's rescheduling will take 2 to 5 years to
resolve depending on the ethics of the government's scientists. If they
acknowledge that marijuana does not have the same abuse potential as heroin,
than marijuana prohibition in the United States will have to end. And in
another aside I don't have time to explain more completely, if prohibition ends
in the US it must also end world-wide because US law requires that we amend
international drug control treaties to correspond with our own findings on
scientific and medical issues.
I have raised these three secrets to prohibition's success for another reason,
so I'll repeat them once again. 1) They made the fine print deceptive and
difficult to understand. 2) They make it take forever to even attempt to change
it. 3) They made sure there was a fall guy to deflect responsibility from the
key decision-makers. Another advantage this strategy provides for supporters of
prohibition is that is makes it easy for them to change the subject or confuse
the issues of debate.
Over the last ten years the marijuana policy debate has shifted from whether or
not marijuana arrests are justified to whether or not marijuana has medical
use. The rescheduling petition is based solely on the abuse issue. If accepted
medical use was as relevant as DEA and its public supporters argue, than DEA
would not have accepted the Gettman/High Times petition for filing in July 1995
or referred it to HHS for review in December, 1997.The medical marijuana issue
is important because therapeutic users bear the greatest injustice as a result
of DEAs flawed interpretations of the Controlled Substances Act, however
legally it is only relevant if marijuana has a high potential for abuse. As
the petition argues, as the recent Institute of Medicine report confirms, and
as I have stated repeatedly here today - marijuana does not have the high
potential for abuse required for Schedule 1 or Schedule 2 status. While public
debate has shifted to the issue of marijuana's medical use there has been an
unprecedented increase in arrests for marijuana possession and sales offenses.
It may very well be that this shift in public debate has removed a historic
constraint on marijuana arrests, and that this lack of public condemnation has
encouraged law enforcement to make as many arrests for marijuana use as
possible. By accepting medical use as the primary reference point for debate
the reform movement implies that we are willing to concede the legal validity
of the federal government's interpretation of the Controlled Substances Act.
Surely this has not been the intent of the reform movement, but it is
nonetheless an appearance we must, in my opinion, work harder to correct.
Ethan Nadlemann long ago raised the following point - just what is the drug
problem, he asked? Is it a health problem, is it a law enforcement problem,
what is it? The drug problem is that the federal government of the United
States won't follow the law when it comes to marijuana's regulation, and they
never have. That's it. That's the problem. It is my hope that with
rescheduling proceedings on marijuana we can finally focus the country's
attention on the ultimate root cause of this injustice we call marijuana
prohibition.
Thank you.
-------------------------------------------------------------------
Industry Opposes Push for Anti-Alcohol Ad Campaign (The Los Angeles Times
says the U.S. alcohol industry has launched a vigorous counteroffensive to a
move afoot in Congress to include anti-alcohol messages in the White House
drug czar's five-year, $1-billion anti-drug advertising blitz. General Barry
McCaffrey's office says it hasn't included anti-alcohol messages because it
lacks the legal authority to do so. McCaffrey himself has said that "the most
dangerous drug in America today is still alcohol" and cited its role in
100,000 deaths and $150 billion in socioeconomic and medical costs each
year.)
Date: Fri, 14 May 1999 03:59:29 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Industry Opposes Push for Anti-Alcohol Ad Campaign
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Peter McWilliams" (peter@mcwilliams.com)
Pubdate: May 13, 1999
Source: Los Angeles Times (CA)
Copyright: 1999 Los Angeles Times.
Contact: letters@latimes.com
Fax: (213) 237-4712
Website: http://www.latimes.com/
Forum: http://www.latimes.com/HOME/DISCUSS/
Author: Sonia Nazario, Times Urban Affairs Reporter
Industry Opposes Push for Anti-Alcohol Ad Campaign
* Health: L.A. lawmaker seeks to expand anti-drug blitz out of concern for
Mexican Americans. Sellers' group decries attack on 'legal product.'
The alcohol industry has launched a vigorous counteroffensive to a
move afoot in Congress to include anti-alcohol messages as part of the
federal government's five-year, $1-billion youth anti-drug advertising
blitz.
Efforts to include more ads against underage drinking began when Rep.
Lucille Roybal-Allard (D-Los Angeles), concerned about high rates of
problem drinking among Mexican American men, questioned why alcohol
messages are not part of the government's paid media efforts to combat
substance abuse.
Today, the congresswoman is expected to introduce an amendment in a
House Appropriations subcommittee to require that messages against
excessive underage drinking be part of the campaign.
David Rehr, senior vice president of the National Beer Wholesalers
Assn., lobbied subcommittee members Wednesday to vote against the
expected amendment.
"Everyone wants to get rid of underage drinking," but the alcohol
industry is best suited to formulate and distribute that message, Rehr
said. "Tax dollars shouldn't be used to put out of business a legal
product."
Launched with fanfare last year, the Youth Anti-Drug Media Campaign
has provided a steady drumbeat of ads aimed at adolescents and their
parents that propound the dangers of illegal drug use. It is part of a
government effort to reduce youth drug use 20% by 2002. Currently,
officials said, an estimated 95% of teens see or hear seven such
messages each week. Yet none of the paid ads deal with alcohol abuse,
a problem that studies show afflicts four times as many Americans as
drug abuse.
At a March 25 hearing, Roybal-Allard, head of the Congressional
Hispanic Caucus, asked why alcohol isn't being tackled in the
campaign. Citing two recent articles in The Times, she noted the
disproportionate toll of heavy alcohol use and abuse on Mexican
American men and quizzed the White House anti-drug czar, Gen. Barry R.
McCaffrey, about what his White House Office of National Drug Control
Policy is doing to tackle the issue.
"The problem," Roybal-Allard told McCaffrey, "has grown to epidemic
proportions and is threatening many of our Mexican American
communities, such as those in my congressional district." Heavy
problem drinking, according to a 1998 federal study, is one-third
higher among Mexican American men than among any other ethnic subgroup
surveyed.
McCaffrey's office says it hasn't included anti-alcohol messages
because it lacks the legal authority to do so. The agency added that
media outlets paid to put out the ads must air an equivalent amount of
free public service announcements about substance abuse, of which 15%
are about alcohol or drunken driving.
Advocates for making alcohol a bigger part of the campaign say alcohol
abuse is as great a menace to youths as abuse of other drugs.
McCaffrey himself has said that "the most dangerous drug in America
today is still alcohol" and cited its role in 100,000 deaths and $150
billion in socioeconomic and medical costs each year.
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Drug Museum's Shining Example Of Decadence (Illustrating how drugs can drive
some people who don't use them mad, the Daily Telegraph, in Britain, says the
U.S. Drug Enforcement Administration museum, which opened its doors to the
public on Tuesday, "lays bare the wilful self-delusion of the 1960s and
1970s, when Baby Boomers swept aside a mass of historical evidence and argued
that drugs were intrinsic to life, liberty and the pursuit of happiness,
rather than the low road to ruin." The only problem is, as the newspaper
proceeds to explain, the museum actually documents "drug" use going back to
1900, before Baby Boomers and even before drug prohibition, when just one of
every 200 Americans was a "drug addict." If the Baby Boomers created the
problem, the Telegraph doesn't explain why they also built a museum for the
DEA and otherwise ratcheted up the drug war during their watch.)
Date: Fri, 14 May 1999 19:17:41 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Drug Museum's Shining Example Of Decadence
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: 13 May 1999
Source: Daily Telegraph (UK)
Copyright: of Telegraph Group Limited 1999
Contact: dtletters@telegraph.co.uk
Website: http://www.telegraph.co.uk/
Author: Hugo Gurdon
DRUG MUSEUM'S SHINING EXAMPLE OF DECADENCE
By Hugo Gurdon in Pentagon City
THE most telling exhibits in America's newest museum are burnt and bent
teaspoons, stained rags, used soda bottles and a diamond-encrusted Colt 45.
They expose the sordid, deadly reality and phoney glamour of their subject,
which is drugs. Gathered in glass display cases are the paraphernalia of
America's century-long battle for and against the right to "get high" -
bongs, psychedelic posters, liquorice rolling papers, Tommy guns and grenades.
The Drug Enforcement Administration museum, which opened its doors to the
public on Tuesday, lays bare the wilful self-delusion of the 1960s and
1970s, when Baby Boomers swept aside a mass of historical evidence and
argued that drugs were intrinsic to life, liberty and the pursuit of
happiness, rather than the low road to ruin. One of the exhibits is a 1937
poster, captioned The Devil's Roost, in which the vultures of "vice",
"want", "insanity", "misery" and "crime" perch on a reaper-like figure
marked "Dope". A few feet away is a 1908 New York Times front page taken up
with a story under the headline "The growing menace of the use of cocaine".
Dominating one wall is a black and white picture of the actress Dorothy
Davenport, "shooting up" with a syringe in the 1923 film Human Wreckage.
More than 100 feature films were made in the silent era focusing on the
perils of drugs.
In 1900, one in every 200 Americans was a drug addict. Many of them swigged
laudanum. By the Second World War, though, drug addiction was a marginal,
statistically negligible vice in America. Decades of evidence, and policing
by federal agents armed with a Tommy gun and two grenades each as standard
issue, had worked.
Then came the Sixties and gurus such as Allen Ginsberg, demonstrating in
New York with a poster bearing the legend "Pot is a reality kick". The drug
culture was born again. Traditional drug stores, oddly-titled corner shops
that sold everything from ice-cream to toothpaste, gave way to "head shops"
that sold drug paraphernalia such as hookahs and roach clips - tweezers to
hold a joint when it was too small and hot for bare fingers.
Redolent of the drug culture's seediness are the opium-stained rags, pipes
made from old 7-Up bottles and elasticated arm-bands to make a junkie's
veins bulge to make injections easier. So, too, are the photographs of
dealers shot dead, and addicts in the final contortions of a fatal overdose.
Perhaps the most telling artifact in the museum is the gleaming, silver
Colt 45 handgun, with the diamond-studded grip. It was owned by Rafael
Caro-Quintero, a Mexican drug dealer. It is the quintessence of the phoney
heroism and deceptive glitter at the heart of the drug culture.
Caro-Quintero glares out from a photograph nearby, disheveled and dressed
in nothing but dirty jeans at the time of his arrest. He murdered a DEA
agent and is now behind bars.
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Pound for pound - B.C. marijuana exchanged for cocaine in California (The
Richmond Review, in British Columbia, attempts to re-launch a myth local
police spread a year ago, before it was debunked by other police in Calgary.)
Date: Thu, 13 May 1999 16:35:26 -0800
To: mattalk@listserv.islandnet.com
From: "H. Couch" (hcouch@wkpowerlink.com)
Subject: B.C. marijuana exchanged for cocaine in California
Richmond Review (B.C., Canada) - May 13, 1999
http://www.rpl.richmond.bc.ca/community/RichmondReview/NewIssue/news.html
POUND FOR POUND
B.C. marijuana exchanged for cocaine in California
Christopher Foulds and Martin van den Hemel
MetroValley reporters
It's not just the usual suspects.
U.S. Customs and Drug Enforcement Agency in Washington State have twice in
the past week arrested and charged senior citizens with trying to sneak
drugs across the 49th parallel.
On Wednesday morning, agents stopped a vehicle on the south side of the
border, just east of Abbotsford and Sumas, and took into custody a Richmond
father and son who were allegedly carrying 20 kilograms (45 pounds) of
marijuana into the U.S.
John R. Rahberger Sr., 65, a retired baker, and son John R. Rahberger Jr.,
35, were arrested at 5:45 a.m. Rahberger Sr. was released Friday on $1,000
bail and is currently in the custody of the U.S. border patrol.
Rahberger Jr. was released after posting a US $10,000 bail and is also in
the custody of the border patrol. He has apparently signed an extradition
waiver, meaning if he returns to Canada, he won't fight an extradition
application by the U.S.
Both face state drug trafficking charges in Whatcom County.
U.S. Customs special agent Patrick Guimond told The Review Tuesday that
the pair are relatively lucky that they weren't prosecuted under U.S.
federal charges, which likely would have netted them a couple of years in
jail. Instead, they face from a month to a few months in jail if convicted.
The father and son were pulled over after the car they were riding in was
observed to have only one occupant while coming in to the Sumas area-known
for its high level of drug trafficking-and leaving the area with two
occupants. That, combined with the hour of the morning, made drug agents
suspicious.
Officers found about 20 kilograms of marijuana concealed inside a hockey
bag lying in the trunk of an older model Buick full-sized sedan.
The day of the arrest (May 5) happened to be the birthday of Rahberger
Sr., Guimond noted.
Guimond said that B.C. grown marijuana sells for about US $3,000 per pound
in Washington State. And farther south, in California, it can reap about US
$6,000 per pound.
And in some cases, marijuana has been exchanged pound for pound for
cocaine, he said.
"That's a reality. To what extent it's happening, I can't hazard a guess."
On May 2, U.S. drug agents arrested a 67-year-old man and charged him with
trying to smuggle into Canada 10 kilograms of cocaine.
Leslie Molnar, a Canadian citizen now living in Sumas, was driving his
Plymouth Neon through U.S. Customs at about 11 a.m. when the cocaine was
allegedly found in the side panels of the rear seats.
Agents then searched Molnar's Sumas home and allegedly found another 11
pounds of cocaine and $10,800 in U.S. currency. Agents said the 33 pounds
of cocaine - believed to have been picked up in California - is worth an
estimated $309,000 (US) if sold at wholesale prices in Canada; much more if
sold incrementally on the streets.
U.S. Customs has seen an exponential increase in the amount of marijuana
being transported south of the border, he said.
The amount of cocaine heading into Canada has also increased
significantly, he said.
Richmond RCMP Supt. Ernie MacAulay said the type of sentences and fines
marijuana growers face if caught and convicted in B.C. doesn't seem to be
deterring them.
Drug growers may have the attitude that if they have 20 hydroponic grow
operations going in Richmond, and only a handful get shut down, that's
simply the cost of doing business, MacAulay said.
Early last year, when Ottawa stopped funding three drug squad positions at
the Richmond detachment, MacAulay said that his department had numerous
potential searches it simply didn't have the resources to execute.
MacAulay said that if the sufficient manpower were available at the time,
the drug squad would have had the grounds to perform 17 or 18 searches the
following day.
"We always have a backlog of places we could raid," he said.
RCMP Sgt. Bill Twidale of the airport drug squad said that he's also heard
about the trade of marijuana for cocaine, although he's never seen it
personally.
U.S. Customs' Guimond said cocaine, which is generally sold in kilogram
increments, sells for about US $15,000 per kilo, or about US $7,000 per
pound.
-------------------------------------------------------------------
Heroin UK - Close-Knit Gangs Who Deal In Death (The Independent says British
police and MI5 have identified 30 drug gangs who are controlling the
distribution of heroin throughout Britain and Ireland. Detectives also
believe there is a new threat from South American drug barons, notably
Colombians, who are planning to ship large quantities of heroin into Europe.
Most British heroin is controlled by Turkish groups based in north London and
Liverpool, the two main distribution points. But criminal gangs from Kosovo
and Armenia are also heavily involved. These groups are estimated to import
between 85 per cent and 90 per cent of the heroin in the UK. Police and
customs admit record heroin seizures have had almost no impact on
availability or street price, which remains extremely low.)
Date: Fri, 14 May 1999 20:48:27 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: UK: Heroin UK - Close-Knit Gangs Who Deal In Death
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: Thu, 13 May 1999
Source: Independent, The (UK)
Copyright: 1999 Independent Newspapers (UK) Ltd.
Contact: letters@independent.co.uk
Address: 1 Canada Square, Canary Wharf, London E14 5DL
Website: http://www.independent.co.uk/
Author: Jason Bennetto, Crime Correspondent
HEROIN UK - CLOSE-KNIT GANGS WHO DEAL IN DEATH
THE POLICE and MI5 have identified 30 drug gangs who are controlling the
distribution of heroin throughout Britain and Ireland. Detectives also
believe there is a new threat from the South American drug barons, notably
from Colombia, who are planning to ship large quantities of heroin into
Europe for the first time.
The National Criminal Intelligence Service, drug squads, customs officers
and MI5 have been tracking the distribution of heroin in the UK, which has
seen a huge increase in the amount on sale during the past few years.
Most of the UK heroin gangs are Turkish groups based in north London and
Liverpool, which are the two main distribution points for drug trafficking
throughout the country and to Dublin. But criminal gangs from Kosovo and
Armenia are also heavily involved. These groups are estimated to import
between 85 and 90 per cent of the heroin in the UK.
Each organisation has about 12 "active players" or senior figures, as well
as dozens of runners, drivers and organisers. The leading figures almost all
have long criminal records. Intelligence suggests that the gangs are
increasingly turning to murder to maintain their control over the drug
trade.
The gangs launder much of the huge profits from the heroin trade through
restaurants, pubs and clubs. The criminals are also involved in vice,
prostitution and protection rackets. The police have found it very difficult
to infiltrate the gangs because they are close-knit, often only employing
family members or long-term friends.
There is also some evidence of a small number of white criminal families
starting to go to Europe to buy heroin directly rather than waiting for it
to be smuggled across the Channel.
Most of the heroin smuggled into the UK comes in trucks via Dover. A tiny
amount is swallowed or hidden by couriers and brought into the country via
airports and through the Channel Tunnel. The majority of the drug comes from
opium grown in Turkey, Pakistan, and Afghanistan, and arrives via countries
such as the Netherlands, Germany, the Czech Republic, Slovakia, Bulgaria and
Hungary.
Once the drug is brought in on trucks it is sent to London and Liverpool.
The Merseyside gangs supply the drug to Glasgow and the whole of Scotland,
Dublin, Manchester and the North-west. Bradford, Hull, Birmingham and
Bristol are secondary distribution points. As the drug gets broken down into
smaller packages local dealers distribute it to towns and rural areas.
The police and customs admit that despite record heroin seizures they have
had almost no impact on availability of the drug or the street price, which
remains extremely low.
Vince Harvey, director of the UK division of the National Criminal
Intelligence Service, said: "Heroin offers the highest profits and attracts
the most serious criminals. A significant number of these criminal
organisations have some connection with Turkey. The key players are well
established in the UK.
"London and Liverpool are the strongholds. Manchester, Birmingham, Glasgow
and Bristol are the secondary bases. It is a well-established route - heroin
is available everywhere you want it now."
On future trends for the dealers, he said: "There are some indications that
the South Americans are now moving away from only selling cocaine and are
growing heroin."
Mr Harvey is part of a government working party that is drawing up measures
to allow the assets of suspected criminals to be seized without first
obtaining a conviction. The Home Office is expected to bring in new laws to
allow police and customs officials to confiscate money and assets of
suspected drug dealers. The alleged criminals will have to prove that they
legitimately obtained their possessions and cash, or face losing them.
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[End]
to the 1999 Daily News index for May 7-13