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

NORML Weekly Press Release (Policy change may allow for non-government funded
medical marijuana research; American Drivers Association campaigns against
traffic searches; Californian with pot prescription convicted by feds for
cultivation; Arizonans 2 to 1 back pot by prescription.)

From: NORMLFNDTN@aol.com
Date: Tue, 25 May 1999 18:02:09 EDT
Subject: NORML WPR 5/26/99 (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 25, 1999

***

Policy Change May Allow For Non-Government Funded Medical Marijuana Research

May 25, 1999, Washington, D.C.: Department of Health and Human
Services officials announced new regulations Friday that may allow
researchers access to medical marijuana for non-federally funded
research. The policy change, scheduled to take effect on December 1,
1999, adopts recommendations of a 1997 National Institutes of Health
(NIH) panel that urged officials to supply medical marijuana for non-NIH
funded research.

"This is a step in the right direction," NORML Executive Director R.
Keith Stroup, Esq. said. "But it is also further evidence that the
wheels of change grind exceedingly slowly for medical marijuana reform."

Health officials said that the new policy will facilitate medical
marijuana clinical trials. "The goal of this program must be to
determine whether cannabinoid components of marijuana administered
through an alternative delivery system can meet the standards enumerated
under the federal Food, Drug, and Cosmetic Act for commercial marketing
of a medical product," the guidelines state.

Present NIH policy allows only those funded by the agency to use
marijuana for research purposes.

Under the new guidelines, non-NIH funded researchers must still
submit their protocol to institutional peer review, secure a DEA
registration to conduct marijuana research, reimburse the National
Institute on Drug Abuse (NIDA) for the cost of the marijuana, and gain
NIH approval for their study. Researchers who wish to conduct human
trials must also proceed through the FDA process for filing an
Investigational New Drug (IND) application.

Stroup cautioned that the new policy offers little hope for
individual patients wishing to gain legal access to the government's
supply of medical marijuana. "Despite recommendations from the Institute
of Medicine to allow single patient medical marijuana trials, the NIH
guidelines rebuff any efforts to allow individual patients access to the
drug," he said.

The regulations stipulate that "single-patient requests for marijuana
... would not ... be supported under this program." In March, the IOM
advised the government to treat medical marijuana patients with chronic
conditions as "n-of-1 clinical trials, in which patients are fully
informed of their status as experimental subjects ... and in which their
condition is closely monitored a documented under medical supervision."

"Federal officials are selectively implementing those recommendations
from the IOM and NIH that pose little threat to medical marijuana
prohibition, while ignoring any findings that challenge current federal
policy," Stroup concluded.

For more information, please contact Allen St. Pierre or Paul Armentano of
the NORML Foundation @ (202) 483-8751. The NIH guidelines are available
online at: http://www.nih.gov/grants/guide/notice-files/not99-091.html.

***

American Drivers Association Campaigns Against Traffic Searches

May 25, 1999, Dallas, TX: A national truck drivers association is
funding billboards to warn drivers about consenting to roadside searches
by police.

"Our members are like most people; they don't know they have a
constitutional right to say 'no' when an officer asks to search" their
vehicle, said American Drivers Association (ADA) President J.D. Davis,
whose association represents 86,000 members.

The ADA recently paid for a billboard along Interstate 20 in Texas
that reads: "Just say no to vehicle searches. Protecting your rights.
American Drivers Association."

Davis said he hopes to erect billboards on every Texas interstate by
year's end.

Police may only search a vehicle if they have the driver's permission
or probable cause to believe a crime is being committed; however, many
drivers are unaware that they may legally refuse an officer's request.

Last year, police confiscated 21 tons of marijuana during almost
11,000 vehicle searches in Texas, the Dallas Morning News reported.

For more information, please contact NORML Litigation Director Tom
Dean @ (202) 483-8751.

***

Californian With Pot Prescription Convicted By Feds For Cultivation

May 25, 1999, Sacramento, CA: A federal jury convicted a California
resident on marijuana cultivation charges after a judge ruled that the
defendant's medically supervised use of the drug did not protect him from
federal prosecution.

"It is a sad day when the federal government elects to prosecute a
patient who clearly qualifies for the medical use of marijuana under
state law," NORML Executive Director R. Keith Stroup, Esq. said. "It is
unconscionable to treat seriously ill patients as criminals, even if
federal law permits it."

A jury found patient B.E. Smith guilty on marijuana possession and
cultivation charges for planting an 87-plant garden in 1997. Smith, who
possessed a doctor's recommendation to use marijuana, notified state and
local authorities that he was growing marijuana for medical use. State
authorities declined to prosecute Smith because of his apparent
compliance with Proposition 215, the state's medical marijuana law, but
federal prosecutors pursued the case.

U.S. District Judge Garland E. Burrell, Jr. ruled before the trial
that California's law legalizing medical marijuana could not shield Smith
from federal prosecution. Smith is the first California patient
convicted in federal court since the passage of Prop. 215.

Smith's attorneys said they will appeal the ruling to the 9th U.S.
Circuit Court of Appeals.

For more information, please contact NORML Litigation Director Tom
Dean @ (202) 483-8751.

***

Arizonans 2 to 1 Back Pot By Prescription

May 25, 1999, Phoenix, AZ: A majority of Arizonans oppose a federal policy
that punishes doctors who prescribe marijuana.

"Arizonans, like Americans everywhere, want the federal government to
stop prohibiting access to medical marijuana," NORML Foundation Executive
Director Allen St. Pierre said. He noted that Arizonans voted on two
consecutive occasions to allow doctors to prescribe medical marijuana to
patients.

The statewide survey showed 66 percent of respondents opposed federal
sanctions for doctors who approve marijuana therapy. Federal law permits
justice department officials to revoke the license of doctors who
prescribe marijuana, regardless of state law, but constitutional
protections allow physicians to discuss medical marijuana with their
patients.

For more information, please contact Allen St. Pierre or Paul Armentano of
the NORML Foundation @ (202) 483-8751. To view the results of previous
medical marijuana polls, please visit:
http://www.norml.org/medical/polls.html.

				- END -

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

Bill clarifying assisted-suicide law passes House by a wide margin (The
Oregonian notes the Oregon legislature has once again contradicted the will
of Oregon voters by changing the Death With Dignity Act. Gov. Kitzhaber is
expected to sign the bill. Passed by the Senate on April 26 and by the House
Monday on a 42-17 vote, the measure allows Catholic-affiliated medical
facilities to prohibit physicians from participating in assisted
suicide-related activities on their premises, lets pharmacists opt out of
filling a lethal prescription as a matter of conscience, prohibits
physician-assisted suicide by those who are disabled or elderly but not
terminally ill, clarifies residency requirements under the law, and
discourages patients from "committing assisted suicide alone" or in a public
place.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Tue, May 25 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: Erin Hoover Barnett, the Oregonian

Bill clarifying assisted-suicide law passes House by a wide margin

* Gov. John Kitzhaber is expected to sign the measure despite objections by
Catholic leaders

SALEM -- The Legislature completed work Monday on a bill to fine-tune
Oregon's landmark law allowing doctor-assisted suicide, fending off
last-minute opposition from the Oregon Catholic Conference.

The measure, which passed the House on a 42-17 vote, goes to Gov. John
Kitzhaber, who is expected to sign it. Among other things, the bill
clarifies residency requirements under the law, which has been approved
twice by voters and upheld by the courts.

"With the reaffirmation of the voters of the Death With Dignity law, I think
it was time for us to address some improvements to the bill. I think this
accomplishes that," said Rep. Lane Shetterly, R-Dallas, who carried the bill
during House debate. An identical measure passed the Senate on April 26.

Oregon's law is the only one in the nation that allows doctors to prescribe
lethal drugs to terminally ill patients. The 1999 Legislature's handling of
the issue contrasts sharply with two years ago, when legislative opponents
forced the issue back to the ballot. Sixty percent of voters reaffirmed the
law in a November 1997 election.

With that overwhelming result, lawmakers this time confined themselves to
clarifying a few parts of the original law under Senate Bill 491.

For example, the bill requires qualified patients to prove Oregon residency
with a driver's license or other official document, and it discourages
patients from committing assisted suicide alone or in a public place.

The measure allows pharmacists to opt out of filling a lethal prescription
as a matter of conscience, and it prohibits the use of assisted suicide by
those who are disabled or elderly but not terminally ill.

"We think it's a reasonable fine-tuning of the Oregon Death With Dignity
Act," said Mark Gibson, health policy adviser to the governor.

The key conflict has centered on how to assure a health care institution's
right to prohibit assisted suicide on its premises without making it too
hard for qualified patients to pursue this the legal option.

Rep. Bill Witt, R-Cedar Mill, the only House member besides Shetterly to
speak about the bill Monday, conferred before and after the vote with Robert
Castagna, executive director of the Oregon Catholic Conference, which
opposes doctor-assisted suicide.

"I don't think the bill provides sufficient protections to doctors and
religious hospitals to really immunize them against participation in
assisted suicide," Witt said, claiming the bill has "serious flaws."

Language dealing with the rights of institutions and doctors who oppose
assisted suicide was crafted by a work group that included Providence Health
Systems, the Oregon Medical Association, hospital and long-term care
lobbies, and Oregon Right to Die. The group was convened by the bill's
sponsor, Sen. Neil Bryant, R-Bend.

Under language agreed to by the group, a health care center may prohibit
participation in assisted suicide on its premises. But the measure also says
doctors can give a patient information about assisted suicide if the patient
asks.

Also, doctors may refer the patient to another doctor for help with assisted
suicide, or assist a patient with the suicide option outside their place of
work.

The work group's ability to reach a compromise helped the bill clear the
Senate. But the language angered the Catholic Conference and Physicians for
Compassionate Care, which also opposes doctor-assisted suicide.

"This bill tramples constitutional religious freedom rights of health care
institutions conscientiously opposed to physician-assisted suicide,"
Castagna said.

This month in a committee hearing, Castagna said the bill subverts the will
of such health care institutions by allowing doctors to refer patients for
suicide-related services or make a deal with their patients to help them off
the premises.

But Shetterly, chair of the committee, established at the hearing that
doctors already have the right to contract separately with patients for
medical services.

Assisted-suicide supporters, who cheered Monday's vote, said the Catholic
Conference is simply out to stop the practice.

"The will of the Oregon voters is finally being heard," said Hannah Davidson
of the Portland-based Oregon Death With Dignity Legal Defense and Education
Center.

The bill's supporters included 25 Democrats and 17 Republicans, some of
whom, like Shetterly, actually oppose assisted suicide. The "no" votes came
exclusively from Republicans and Pendleton independent Bob Jenson.

You can reach Erin Hoover Barnett at 503-294-5011 or by e-mail at
ehbarnett@news.oregonian.com.

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

Opponents fume over cigar tax rollback (The Associated Press says the Oregon
House of Representatives voted 33-27 Tuesday for HB 3371, which would roll
back a voter-approved tax hike on cigars out of concern some cigar stores
might close because of out-of-state competition. Tom Novick of Oregon Health
Leadership Against Tobacco said voters approved the tax increase because they
wanted to steer people away from tobacco, and predicted that the bill would
meet with a quick veto by Gov. John Kitzhaber if it passes in the Senate.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Tue, May 25 1999
Source: The Associated Press (OR)
Copyright: 1999 The Associated Press
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Contact: http://www.oregonlive.com/cgi-bin/feedbk.cgi
Author: Brad Cain, Associated Press

Opponents fume over cigar tax rollback

SALEM, Ore. (AP) -- Some lawmakers fumed, but the House passed a bill
Tuesday to roll back a voter-approved tax hike on cigars after hearing that
some cigar stores might close because of out-of-state competition.

Opponents, including various public health groups, say voters knew what they
were doing when they decided to hike taxes on all tobacco products in 1996.

When the smoke cleared, the House had voted 33-27 for a bill to replace the
current tax, which amounts to 65 percent of the wholesale price of cigars,
with a maximum tax of 50 cents per cigar.

Backers of the bill said many cigar smokers are buying their stogies from
mail-order companies or over the Internet to avoid Oregon's high taxes.

Rep. Bill Witt said he's gotten letters and e-mail from more than 25 cigar
store owners saying they've suffered a loss of business and have had to lay
off employees.

"Many of them talk about the likelihood they will have to shut their
business down," the Portland Republican said.

But opponents said the bill seeks to change state tax policy so that buyers
of high-end, premium cigars will only have to pay a 50-cent tax, not the
current tax that can amount to several dollars per cigar.

Rep. Mike Lehman, D-Coos Bay, called the tax cut "an embarrassment" for the
House.

"Thank goodness we don't have a lot of people watching us pass a tax break
for cigar smokers," Lehman said, gesturing toward the half-empty galleries
where members of the public can watch debates.

There was disagreement on the House floor about whether the bill would
result in an overall reduction in state tax revenue.

Witt said the bill might actually increase revenue because more people would
buy cigars in Oregon and pay taxes on them.

But others noted that legislative fiscal analysts weren't able to come up
with a specific estimate, although they said they anticipate a "negative"
impact on overall revenue.

That issue aside, Tom Novick of Oregon Health Leadership Against Tobacco
said voters approved the tax increase because they wanted to steer people
away from tobacco use and raise some money for health programs.

Novick predicted that the bill would meet with a quick veto by Gov. John
Kitzhaber if it passes in the Senate.

"We don't think the governor is interested in decreasing tobacco taxes," he
said.

The bill number is HB3371.

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

State Drops All Charges Against Brady (California NORML forwards a news
release from Ralph Ellison saying California marijuana journalist and
medical-marijuana patient Pete Brady no longer faces four years in state
prison for interviewing Libertarian gubernatorial candidate Steve Kubby.
However, Brady does still face an unspecified sentence in prison on one
remaining charge, a misdemeanor violation of possessing marijuana while
on federal probation. A hearing is scheduled for mid-June.)

Date: Tue, 25 May 1999 08:29:35 -0700
To: dpfca@drugsense.org, R1obert@aol.com
From: canorml@igc.apc.org (Dale Gieringer)
Subject: DPFCA: Brady Case Dropped
Sender: owner-dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/

Mega-thanks for your part in this great victory! I am stoked.

P

***

STATE DROPS ALL CHARGES AGAINST BRADY
BY RALPH ELLISON

The prosecution has dropped all charges against California marijuana
journalist and medical pot user Pete Brady.

The surprise announcement means Brady now faces only one remaining
charge arising from his arrest in connection with the Steve Kubby case- a
misdemeanor violation for possessing marijuana while on federal probation.

Resolution of Brady's federal charge may be interesting, especially in
light of the handling of a federal trial involving medical pot grower and
activist B.E. Smith. Last week, Smith was found guilty in federal district
court for growing 87 marijuana plants. The judge ruled Prop. 215 had no
bearing on Smith's case, and ordered the jury not to allow California's
medical marijuana law to affect their decision about Smith's guilt.

Attorney Tim Zindel, a federal public defender who represented one of
Smith's co-defendants, said that federal refusal to accept Prop 215 cut the
heart out of Smith's defense.

"Sooner or later, legislative or other action has to be taken to
resolve the many issues that have complicated Prop 215," Zindel said. "It's
legal as far as California law is concerned, but federal judges take an
oath to uphold federal law rather than state law. Judges are in a very
difficult position."

Smith's trial was marked by a visit from actor-activist Woody
Harrelson, who managed to tell the jury that Smith's case involved medical
marijuana. US District Judge Garland Burrell threatened the actor with
contempt charges and possible jail time.

Harrelson responded with an angry glare and a rhetorical question: "How
do you sleep at night?"

Brady says he will be sleeping much better, now that he is not facing
the possibility of four years in prison.

"I am so relieved. I have been living with anxiety and sadness about
this for too long. I think this has been a learning process for Butte
County and the medical marijuana community," Brady said. "The District
Attorney's office is signalling its willingness to work humanely with
medical marijuana defendants. They could have continued to press charges
against me, up to and including a trial. To say that I am grateful to them
for dropping the charges is an understatement."

Brady hopes that the federal probation violation will now be dismissed,
and that Butte County will give back the 64 grams of "organic medicine"
seized from him in January.

"I also hope prosecutors will dismiss charges against the Kubbys and
all other medical marijuana defendants. Medical marijuana is about healing.
We need a truce in this drug war, so people on all sides of the issue can
be compassionate with each other and work toward win-win outcomes," Brady
said.

A hearing in the federal case is schedule for mid-June.

				END

***

Dale Gieringer (415) 563-5858 // canorml@igc.apc.org
2215-R Market St. #278, San Francisco CA 94114

***

Date: Tue, 25 May 1999 16:50:19 EDT
Sender: friends@freecannabis.org
From: Tim Perkins (tperkinsj@worldnet.att.net)
Subject: State Drops All Charges Against Pete Brady

Date: Tue, 25 May 1999 05:44:44 -0700
From: Steve Kubby (steve@kubby.org)

Tue, May 25, 1999

Friends,

Pete Brady is a genuine war hero. He withstood being raided and jailed,
then endured months of threats and intimidation by police. Pete even
defended himself through most of his court hearings. It wasn't easy for
Pete to summon up such courage, but he certainly rose to the occasion. Now
prosecutors have dropped all state charges against Pete. For his bravery and
honor, we should all salute Pete as a real hero in the war on drugs.

-Steve

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

B.E. Smith - The Aftermath (A list subscriber forwards an e-mail from Tom
Ballanco, one of Smith's attorneys, about the federal cultivation trial in
Sacramento that ended Friday with a conviction. "There is a need for action
on two fronts, legal and public/political." Plus commentary from Mike Gray
and other list subscribers.)

From: "Peter McWilliams" (peter@mcwilliams.com)
To: (marswebz@aol.com)
Subject: A letter from B.E. Smith's attorney
Date: Tue, 25 May 1999 19:13:42 -0700

Here is a letter from Tom Ballanco, B.E. Smith's attorney - and my attorney
as well. He is working on my case, as he did in Smith's case, without any
payment.

He deserves all the support we can give him. This is a very difficult time
for him. His client and friend is in jail. Please send Tom a note to cheer
him up. Any donations to help with Smith's appeal would be appreciated as
well. You can put it on your Visa or MasterCard if you like. Just include
the card number and the expiration date.

Tom's e-mail is marswebz@aol.com

Take care.

Peter McWilliams

***

WHO: B.E. Smith

WHAT:	Convicted of manufacturing and possessing marijuana under federal
law. No evidence related to his medical need or Proposition 215 was
permitted in the trial.

WHERE: U.S. District Courthouse, Sacramento

WHEN: May 21, 1999

WHY: The court allowed the federal government to "lie by omission" in
ruling that no evidence related to B.E. Smith's use of medical marijuana was
the direct result of the Post Traumatic Stress he suffers from his two tours
in Vietman. The court even limited the amount Smith himself could talk about
his Vietnam experiences. The prosecution was allowed to paint Smith as a
renegade marijuana grower and dealer while the defense was prevented, as a
matter of law, from responding to any of those allegations. The court's
charge essentially instructed the jury that they must find Smith guilty.

***

Dear Friends,

In the three short days since B.E. was convicted, I have already run
over a thousand different reasons why it happened or how we could have
prevented it. However the truth of the situation that is so hard for me to
face, especially today - ten years to the day from my graduation from West
Point - is that the federal government saw too big of a prize in B.E. Smith.
Loosing the first federal prosecution for Prop. 215-related offenses was not
an option for Uncle Sugar.

We all realized that the feds were willing to prosecute patients and
caregivers who simply grew their own medicine or medicine for consenting
adult friends who requested such assistance. But it was shocking, at least
to me, to realize that the federal prosecutors and judiciary, are willing to
lie, obfuscate and go to herculean lengths to prevent justice from entering
the decision-making process. Every time we started to gain some headway
towards a defense, the judge would stop the proceedings, order us to proffer
exactly where we were going with the defense and then rule against allowing
the defense as a matter of law. Even when the prosecutor slipped up, the
judge was there to cover his slack. I know this sounds unbelievable, but if
you were there, you would know it to be true. The only positive thing about
this appeal is that it is going to bring the judge's conduct out into the
spotlight. Which brings me to my suggestions for action.

There is a need for action on two fronts, legal and public/political. On the
legal side, I will be filing a motion for reconsideration regarding B.E.'s
release pending sentencing and an appeal of that ruling if necessary. Next I
will prepare to argue at B.E.'s sentencing hearing scheduled for August 6,
1999. Finally is the appeal of the judge's rulings during the trial and
pretrial motions phase. Unfortunately the appeal itself is not perfected
until after sentencing. I have been using the pronoun "I" throughout this
discussion, but I do not mean that. I have not yet discussed appellate
strategy with Robert Booker, my co-counsel during the trial, so I do not know
the degree to which he would like to be involved, but I will be working with
David Michael from San Francisco, an expert in appellate work before the
Ninth Circuit. A necessary component of the appellate process is going to be
fundraising for transcripts, research and experts.

On the public/political side of the house, there is a need to communicate to
Judge Burrell that B.E.'s public and political support is stronger than the
puppet strings that bind this judge. The first time we noticed a change in
the judge was when the jury was present, the second time was when there was
press in the courtroom. The reason Burrell got away with what he did is
because too often he was outside the public eye. Woody Harrelson's testimony
was remarkable because the judge was afraid of engaging him. Any other
witness who tried what Woody did (telling the whole truth) would have seen
the inside of a jail that same day. However the judge could not engage Woody
lest the whole trial enter a new level of public awareness. We need that
level of public awareness from here on out. Remember B.E., "the last free
man in America" is in there for all of us. For all you patients, he very
much wanted to go first because he figured he is in better shape to sit this
out than anyone else who is sick or in pain. For everyone else, B.E. did not
do this to test the law with a small "l" that is Proposition 215, he did it
to test the Law, that is the American judicial system. We are in trouble
folks, you can believe it now or later, but take a look around, this is a
call to action while it is still possible. We need a letter writing campaign
to the Probation and Sentencing Department in the Eastern District of
California. That department will be making a recommendation regarding B.E.'s
sentencing in August. It must be inundated with letters from citizens and
prominent persons (celebrities, politicians, law professors etc.). I will be
circulating an outline letter with the appropriate address in a few days.

I am certainly not suggesting that the responses to this trial be limited to
the things I have discussed, these are merely the things that have come up so
far. Please keep me in the loop and, on behalf of B.E., his family, and our
future, I thank you for your time and efforts to ensure that Justice not
desert us in our time of need.

Thanks,

Tom Ballanco

***

Date: Tue, 25 May 1999 17:13:44 -0700
From: Mike Gray (hmgray@ix.netcom.com)
From: "CRRH mailing list" (restore@crrh.org)
To: Todd McCormick (todd737@earthlink.net)
CC: CRRH mailing list (restore@crrh.org)
Subject: Re: FW: B.E. Smith -- The Aftermath

My fellow Americans:

Like the rest of you I am horrified by the outrageous behavior of the feds in
the trial of B.E. Smith but I am not shocked.

I was around in the '60s and I can assure you that when the government
decides to fuck you over in federal court they hold all the cards and will
not hesitate to use them.

As in the '60s, we are in a mortal battle with the Dark Force and the level
of hysteria we're seeing from Washington is an indication that we're beating
the shit out of them in the court of public opinion. We're winning, they're
losing, but if anyone thinks they're going down easy, forget it. The battle
will only get bloodier and their use of and manipulation of the courts will
only become more exotic. They have most of these federal judges by the nuts
because they're all hoping to move up the ladder and there's only one way
that happens.

This is a just cautionary note. Don't ever underestimate the federal
bureaucracy's capacity for treachery. There's a $30 billion budget at
stake here after all. And keep your powder dry.

Mike Gray

***

Date: Sat, 22 May 1999 21:55:30 -0600 (MDT)
From: ammo (ammo@levellers.org)
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Subject: B.E. Smith and Jury Nullification
Sender: owner-drctalk@drcnet.org

Below is a post from Clay Conrad, Board Member of the Fully-Informed Jury
Assn. about the trial of B.E. Smith. I got the post from a FIJA
discussion list and am reposting it here because I think it's good info.

Laura

--- Forwarded message ---
Date: Sat, 22 May 1999 08:35:42 EDT
From: LSFIJA@aol.com
Reply-To: fija-list@free-market.net
To: fija-list@free-market.net
Subject: Re: FIJA-List: Fwd: B. E. Smith guilty

Unfortunately, juries are unlikely to nullify in a medical marijuana case, if
they don't even know it IS a medical marijuana case. There are two things I
can see that Smith could have done to get this through to the jury:

Testify - and have his lawyer argue that although he did possess marijuana,
he didn't do so intentionally. His intent was to relieve his suffering.

Act as his own lawyer, and just keep mentioning this issue, even though the
Government objected and the Judge bellowed.

I don't know if Smith testified. I can see the testimony going like this:

***

Q.: Mr. Smith, did you in fact possess marijuana on (date)?

A.: Yes, I did.

Q.: Did you do so intentionally?

A.: No. My only intent was to relieve my suffering.

Q.: What suffering was that?

A.: (ptsd...)

Q.: So, weren't you aware it was marijuana at the time you grew it?

A.: No, I thought of it as medicine. My doctor said it was helping me.

Q.: Did your doctor prescribe you other medicine for this condition -
medicine you could buy at a pharmacy?

A.: Yes, but it didn't work as well as the plants I grew at home, and those
other medicines made me sleepy all the time...

Q.: Did the marijuana in fact relieve xxx....

A.: Yes. A very small amount of it would.

***

Cross:

Q.: You admit that you grew these marijuana plants then?

A.: Yes, but I didn't do so with the intent to grow marijuana.

Q.: (not wanting to get into intent...)
	You knew they were marijuana?

A.: I thought of them as medicine.

Q.: What kind of medicine did you think this marijuana was?

A.: (two choices...)
Respectful: Good medicine, herbal medicine that was helping relieve my
anxiety.
Smart-assed: Medicine approved by the voters of this state.

The defense argument would center on intent - and by focusing on intent, he
should be able to get all the conscientious arguments in.

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

Customary Abuse: Time for Congress to rein in overzealous drug searches (A
staff editorial in the Houston Chronicle says widespread allegations of abuse
require federal legislation to ensure that U.S. Customs Service agents do not
single out international travelers based on race, detain them for days
without charges and subject them to humiliating body cavity searches,
shackles and laxatives, all without allowing them access to a lawyer.)

From: Swftl@aol.com
Date: Tue, 25 May 1999 15:55:39 EDT
Subject: [cp] Fwd: CUSTOMARY ABUSE - Time for
Congress to rein in overzealous drug

Date: Tue, 25 May 1999 05:02:08 -0700
Sender: Drug Policy Forum of Texas (DPFT-L@TAMU.EDU)
From: Art Smart (ArtSmart@NEOSOFT.COM)
Subject: CUSTOMARY ABUSE - Time for Congress to rein in overzealous
drug searches
To: DPFT-L@TAMU.EDU

Newshawk: Art Smart (ArtSmart@neosoft.com)
Pubdate: Tue, 25 May 1999
Source: Houston Chronicle (TX)
Page: editorial page
Copyright: 1999 Houston Chronicle
Contact: viewpoints@chron.com
Website: http://www.chron.com/
Forum: http://www.chron.com/content/hcitalk/index.html
Author: Houston Chronicle Editorial Board

http://www.chron.com/content/story.html/editorial/258940

CUSTOMARY ABUSE

Time for Congress to rein in overzealous drug searches

It should not take federal legislation to ensure that U.S.
Customs Service agents do not single out international
travelers based on race, detain them for days without
charges and subject them to humiliating body cavity
searches, shackles and laxatives, all without allowing them
access to a legal representative. Apparently it will.

Widespread allegations of abuse at the hands of its
officials prompted the Customs Service last month to create
an independent panel to review the policies and procedures
inspectors use to identify airline passengers who might be
smuggling drugs. Now, U.S. Rep. Ron Lewis, D-Ga., says he is
preparing legislation that would require that travelers be
given access to a lawyer within 24 hours of being detained,
that a magistrate approve any detention beyond 12 hours and
that Customs inform travelers of their rights and search
procedures.

The need for such legislation becomes ever more obvious.
Travelers, without charges or lawyers' representation, often
have been held for hours or days at a time and made to
undergo humiliating body cavity searches. One woman
delivered her baby prematurely just days after being
administered a powerful laxative and shackled to a hospital
bed for two days to be monitored for the emergence of drugs.
None appeared, and her lawsuit is pending.

A jury awarded another woman $450,000 last year in a lawsuit
contending similar abuses by Customs officials. The Customs
Service faces at least 12 lawsuits over body searches,
including an effort by dozens of black women to initiate a
class-action suit in Chicago alleging they were singled out
because of their race and gender.

National statistics show 43.3 percent of those subjected to
body searches or X-rays last year were black or Hispanic.
Yet figures showing drugs were found on 2.8 percent of
Hispanics searched, 6.7 percent of whites and 6.3 percent of
blacks, offer no support for disproportionate searches of
minority passengers.

Customs officers at airports and border crossings have
leeway to abuse their authority. They do not need probable
cause or warrants to initiate searches. Officers can force a
person to undergo a strip search based on the merest
"reasonable suspicion" that they might be hiding drugs. It
is time for Congress to end the abuse by reining these
officials in.

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

Focus: Marcus Gumz, Weedstock Warrior (The Wisconsin State Journal says
Friday marks the beginning of Weedstock '99 in Fairfield. Local farmer Marcus
Gumz has sponsored the camping, music and hemp festival on his land three
times since 1995. He's 70 years old and says he's adamantly opposed to
smoking, whether it's tobacco or marijuana. Before the county took most of
his property, he gave "a big check" to Ronald Reagan and was an active
Republican. His activities, especially Weedstock, have made for uncomfortable
moments for his two children in state government. Gumz said he hosts
Weedstock - which he'd like to rename "Mintstock" - because he needs the
money and because he admires event organizer Ben Masel, who has long
campaigned for marijuana-law reform. "I believe in the U.S. Constitution, the
right to free assembly and free speech. When you've got a Gestapo government
that works like jack-booted fascists, that's wrong," says Gumz.)

Date: Fri, 28 May 1999 00:55:30 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US WI: Focus: Marcus Gumz, Weedstock Warrior
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Frank S. World
Pubdate: Tue, 25 May 1999
Source: Wisconsin State Journal (WI)
Contact: wsjopine@statejournal.madison.com
Website: http://www.madison.com/
Copyright: 1999 Madison Newspapers, Inc.
Author: Susan Lampert Smith

FOCUS: MARCUS GUMZ, WEEDSTOCK WARRIOR

Festival Host Has Battled Government Hammer And Tong On Variety Of Issues

TOWN OF FAIRFIELD -- Starting Friday, the sweet scent of marijuana
smoke will again roll down Leech Creek valley as thousands arrive for
Weedstock '99.

Their host, local farmer Marcus Gumz, has welcomed Weedstock, a
festival of camping and music that promotes growing hemp, to his land
three times since 1995. He's 70 years old and says he's adamantly
opposed to smoking, be it tobacco or marijuana. He likes "Lawrence
Welk music," not the music of Weedstock headliners such as Bongzilla.
Before his fortunes changed, he gave "a big check" to Ronald Reagan
and was an active Republican.

So why Weedstock?

Gumz's neighbor, Brent Bailey, has the simplest answer.

"I think he does it because he can," said Bailey, who calls Gumz an
intelligent and friendly neighbor. "Whether he does it for financial
gain or to prove a point, I can respect it either way."

Gumz has a history of opposition to government so fierce it makes the
lighting of a marijuana cigarette seem merely recreational.

"Everybody's got a hobby, and suing people is Marcus' (hobby)," said
Gene Wiegand, administrative coordinator for Sauk County, in which
Gumz's property lies. Wiegand said the county has been sued by Gumz
"many, many times in the past."

"Marcus is a very bright man and he's set up these multi-level
corporations, so the litigation is very complex and goes on and on,"
said Wiegand, who said that while the county hasn't lost to Gumz, it
and its insurance company have spent thousands on legal bills.

Gumz has battled other levels of government, most famously following
what his lawyer called a "military raid" on his property by armed
agents of the state Department of Natural Resources in 1981. Gumz says
that raid gave him a heart attack and led to the death of his wife.

He's paid a price for eschewing the taxes, regulations, Social
Security payments, and other government interventions most Americans
accept without question.

Once the area's largest landowner, Gumz lost his home in a foreclosure
and now alternately lives in a former potato shed, where raccoons keep
him company at night, and in a dilapidated shack of a farmhouse,
filled with clutter and law books. His activities, especially
Weedstock, have made for uncomfortable moments for the two of his
children in state government, daughter Sheryl Albers, a Republican who
represents the area in the state Assembly and son Mark Gumz, an aide
to the area's senator, Dale Schultz.

Both children declined to talk on the record about their father;
Albers voted for a bill that would make it easier for counties to ban
events such as Weedstock.

"My father and I aren't always on the same page, and this is one of
those times," Albers said.

For his part, Gumz claims not to see any problem with hosting
Weedstock.

"Why should they be embarrassed of me?" Gumz asked, saying Weedstock
is no different than the annual marijuana rally at the state Capitol.
"Are they embarrassed when they have all those pot smokers parading in
Madison?" Many skirmishes Gumz, who grew up on a farm in northwestern
Indiana, moved to this valley between Baraboo and Portage in 1949,
because the muck soil created when farmers ditched and drained the
wetlands was good for growing mint. He and his wife, Norma, who died
in 1988, raised eight children here.

"This soil is ideal for growing vegetables, it's organic and it's a
shame to waste it," said Gumz, showing off some peppermint waiting to
be transplanted. Like some of his neighbors, he opposes a U.S. Fish &
Wildlife Agency plan to return the area to a wetland.

"They want to take this land and turn it back into a worthless swamp."

A tour of the valley with Gumz involves stops at the sites of his many
skirmishes with the government.

On the western end, in the mid-1970s, the DNR cited him for illegally
placing a cattle crossing in Leech Creek without a permit.

"They were very, very jealous," Gumz said, of agency officials. "They
wanted this land (along the creek) but I put in a higher bid."

Gumz said the state also unfairly cited him for having poor conditions
for migrant workers on his farm. But the biggest battle came in 1981.
Gumz had been deepening a ditch that keeps the fields drained and was
cited by the DNR for dredging without a permit. He still believes that
he didn't need a permit, since the valley had been dredged, drained
and farmed since 1906.

The DNR saw it differently, and in March 1981, Gumz and his wife
looked out the window of their farmhouse to see "an armed SWAT team"
of DNR agents who seized his dredging equipment. Gumz, who was
unarmed, later pleaded guilty to ramming an agent's car.

Today he claims the agents parked so he couldn't avoid the collision.
His hearing attracted 100 supporters to the courthouse in Baraboo,
many of them farmers concerned by the DNR's tactics.

Gumz, who suffered a heart attack that night after he was taken away
in handcuffs, sued the DNR in federal court. A jury agreed that the
DNR had used excessive force, and 1984 awarded Gumz $60,000; but the
state appealed, and the U.S. 7th District Court of Appeals in Chicago
ruled against Gumz and, instead of receiving money, he was billed for
the state's legal bills.

"They used me as an example to humiliate me and my family," said Gumz,
who, rather than paying himself, filed a claim of $1.3 million for the
jury award plus interest. In the years following the raid, Gumz's wife
died, and he lost most of his land in a foreclosure. His nephews now
own much of the land.

"They've stolen from me, they've taken away my home, my farm and my
life," Gumz said about the DNR. "They've taken 20 years from me. I
think the DNR should get on their knees and apologize."

Gumz said he once drained water out of a drainage ditch when he saw
two wardens paddling onto his property, forcing them to drag their
canoe back up a nearly empty ditch because he refused to let them set
foot on his land.

Some not amused

Those on the receiving side don't find Gumz amusing. Former Fitchburg mayor
and DNR administrator Doug Morrissette was in the car Gumz rammed during the
raid. In subsequent years, Morrissette said, Gumz harassed him at work and at
home and filed a lien against his house.

"He can go to hell as far as I'm concerned," Morrissette said.

Not surprisingly, Gumz sees the recent federal proposal to buy the
farm land and turn it into the Aldo Leopold Wildlife Refuge as part of
a larger plot to take over his land.

"The DNR doesn't have enough guts to say: 'We want your land and we've
wanted it all along.' So they get the feds to do it," Gumz said. "It's
no different than Serbia kicking the (ethnic Albanians) out, only they
(the Serbs) are more honest about it."

Gumz still farms, and has run unsuccessfully for a number of public
offices. Besides the Weedstock festivals, he has hosted a "rave" in
1996 and may have another this year, although he refused to confirm
it. Raves are underground dance parties that organizers have been
hosting for years at area farms and abandoned warehouses.

He also delivers handwritten screeds on various issues -- he's against
using tax money to protect land in the Baraboo Hills, for example --
to government officials. His messages are sometimes more creative.
He's dropped off muck farm onions at Morrissette's office, and last
month, when he got out of the Veterans Hospital in Madison, where he
was treated for a pulmonary embolism, he pocketed a roll from his
lunch tray and delivered it to the office of U.S. Rep. Tammy Baldwin,
D-Madison, as evidence of bad food in federal hospitals.

"Since she's so interested in health care, I thought she'd want to see
it," said Gumz, who has a sense of humor despite his problems and his
general feelings of persecution.

Gumz said he hosts Weedstock -- which he'd like to rename "Mintstock"
-- because he needs the money and because he admires event organizer
Ben Masel, who has fought his own legal battles for marijuana legalization.

Why Weedstock?

"There's no law against it," said Gumz. "I believe in the U.S.
Constitution, the right to free assembly and free speech. When you've
got a Gestapo government that works like jack-booted fascists, that's
wrong."

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

Concord Family Sues Over Search By Police (The Charlotte Observer, in North
Carolina, says Leonard Mackin, Charlene Howie and four children had their
home raided May 22 by Concord police using a mistaken search warrant. A
lawsuit filed on their behalf Friday in the U.S. District Court for the
Middle District of North Carolina in Greensboro charged police with negligent
judgment and targeting African Americans.)

Date: Fri, 28 May 1999 00:50:27 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US NC: Concord Family Sues Over Search By Police
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Mike Gogulski
Pubdate: Tue, 25 May 1999
Source: Charlotte Observer (NC)
Copyright: 1999 The Charlotte Observer
Contact: opinion@charlotte.com
Website: http://www.charlotte.com/observer/
Author: Kerry Prichard

CONCORD FAMILY SUES OVER SEARCH BY POLICE

CONCORD

-- A family whose home was raided by Concord police using a mistaken
search warrant has filed a federal lawsuit charging police with
negligent judgment and with targeting African Americans.

City officials say the raid was legal and was based on information
provided by a reliable informant whose tips had led to at least nine
drug and gun arrests in the past two years.

Attorney Sharon Jumper of Charlotte is representing Concord residents
Leonard Mackin, Charlene Howie and four children, who are African Americans.

The suit was filed Friday in the U.S. District Court for the Middle
District of North Carolina in Greensboro. It alleges members of the
Concord Police Department, including Detective Larry Welch, violated
Mackin, Howie and the children's "federal and state constitutional
rights when they burst into the plaintiffs' home brandishing weapons
on the evening of May 22, 1998."

The city of Concord is named in the suit "for the actions of its
agents and employees, as well as for negligent training and
supervision of its agents and employees."

The suit asks for unspecified damages and also alleges trespass, false
imprisonment, assault, battery and intentional infliction of emotional
distress.

Jumper said Mackin and Howie fear they may lose their jobs as a result
of their lawsuit. Mackin is a sanitation worker for the city of
Concord, and Howie is a bus driver for the Cabarrus County Schools,
Jumper said.

Concord police say they sought and received a search warrant for the
house at 66 Powder St. N.W. because they had been informed cocaine was
being trafficked there.

According to the lawsuit and police reports of the incident, 11 police
officers entered the house about 7:55 p.m. with guns drawn and ordered
the residents to lie down on the floor.

It was not until several minutes had passed, and after Howie had
repeatedly told officers they had the wrong house, that Welch
recognized Mackin as a fellow city employee.

"Leonard, is that you?" Welch asked.

Welch then told officers to release Howie and Mackin. Welch said
police had to be in the wrong house because he knew Mackin was not
involved in trafficking drugs, according to police reports. Police
apologized immediately, then returned later in the evening and
apologized again.

Concord Police Chief Robert Cansler said the search warrant was
accurately based on the informant's tip, but the informant was
confused between the house at 66 Powder St. N.W. and a similar-looking
residence at a similar address on Powder Street Southwest.

"We don't contend that there wasn't something that could have gone
better," Cansler said. "The legal standard for doing a search is
probable cause. The very nature of the word `probable' -- it just
doesn't mean you are right 100 percent of the time."

Jumper said she intends to prove that the Concord Police Department
targets African Americans.

"It is something that we're seeing -- a pattern of negligent judgment
-- when you see police going regularly to the houses of African
Americans in Concord," Jumper said.

On April 13, a 15-year-old African American boy was shot in the
buttock by Concord police Officer Lennie Bryan Rivera during a search
of a home for drugs. Thomas Roosevelt Edwards Jr. told police he was
getting down on the floor as ordered by police when he was shot.
Rivera is on administrative duty pending the investigation's outcome,
Cansler said.

Cansler said he and his department would stand up under any scrutiny
of the way officers execute search warrants and of the way they treat
people of all races. He said there have been problems with fewer than
1 percent of search warrants during his nine years as chief.

"You can't tell me this was racially motivated, either. (Detective)
Welch also is an African American," Cansler said.

"We don't contend that there wasn't something that could have gone
better."

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

If Big Brother Has A Name, It's Bill McCollum (St. Petersburg Times columnist
Robyn E. Blumner recaps the campaign against the Fourth Amendment that the
U.S. representative from Florida has waged so sucessfully to date.
Apparently, McCollum is not satisfied hacking away at privacy and the
Constitution from his lowly House seat; he has announced plans to run for the
Senate after Connie Mack retires. Since the man is a poster child for
government at its biggest and most intrusive, it's astounding that he is so
popular among Republicans. But it looks like he has a good shot at winning
the primary.)

Date: Sun, 30 May 1999 07:24:03 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US FL: If Big Brother Has A Name, It's Bill McCollum
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Manny J Lovitto
Pubdate: April 25, 1999
Source: St. Petersburg Times (FL)
Copyright: 1999 St. Petersburg Times
Contact: letters@SPTimes.com
Website: http://www.sptimes.com/
Forum: http://www.sptimes.com/Interact.html
Author: Robyn E Blumner

IF BIG BROTHER HAS A NAME, IT'S BILL MCCOLLUM

Rep. Bill McCollum thinks it's his business to know yours. The
Altamonte Springs Republican has seen the enemy, and it is your
privacy, and he has devoted himself to eradicating it.

From giving the FBI expanded wiretapping authority to trying to give
the agency a window into our encrypted data, McCollum has decided his
role in Congress is to make sure our telephone conversations and
e-mail are all within easy earshot and eye-shot of the government.

His dogged and extreme efforts to invade your privacy recently earned
him the less-than-coveted Orwell Award, given at the Computers,
Freedom and Privacy '99 Conference in Washington, D.C. The dishonor is
given to those who have done the most to promote Big Brotherism. The
trophy sports a head on its side with a boot on top, smashing the side
of the face.

"Out of all members of Congress in the last five years, McCollum has
been the most pro-active in introducing new surveillance technology,"
said David Banisar, Policy Director for the Electronic Privacy
Information Center. "He's by far the worst of the bunch."

Banisar points out that, as chairman of the Judiciary Committee's
crime subcommittee overseeing the FBI, the Drug Enforcement
Administration and the Federal Bureau of Prisons, McCollum has been a
"cheerleader," not a supervisor.

When, in 1998, FBI Director Louis Freeh was shopping around a wish
list of added powers for the agency that he wanted slipped quietly
into a large appropriations bill, McCollum stepped up to oblige. He
added roving wiretap authority - which allows the FBI to wiretap
phones wherever a suspect goes without an additional court order - as
an amendment to the huge Intelligence Authorization Act for Fiscal
Year 1999 while the bill was in conference committee.

Not only had roving wiretap authority not been in either the House or
Senate versions of that bill, Congress had rejected a narrower
formulation of roving wiretaps when it came up during the debate on
the 1996 Anti-Terrorism Act. Members thought it gave too much power to
the FBI without sufficient judicial oversight. Nonetheless, it was
made part of the huge spending measure last year and is now federal
law.

Now McCollum has taken up the banner for another of Freeh's pet
projects: encryption.

In 1997 Freeh testified before the Senate Judiciary Committee that the
proliferation of strong encryption threatens "the public safety of our
citizens." His gripe with encryption is that it allows people to
communicate without the FBI and other law enforcement agencies being
able to eavesdrop. So, in the same way the FBI (with a big push from
McCollum), got Congress to force the telecommunications industry to
retrofit their phone system to accommodate wiretapping, Freeh called
on Congress to impose a "key recovery" scheme on all manufacturers of
computers and software with encryption capabilities. He wants Congress
to require them to hold a decryption key that would be available to
the government with a court order.

McCollum to the rescue.

In March, McCollum attempted to gut the pro-encryption Security and
Freedom through Encryption Act, or SAFE. The SAFE bill, which is
widely applauded in the computer and civil liberties community, would
remove current barriers to the export of strong encryption,
restrictions that are hurting our international competitiveness in
computer products. (Who overseas would want to buy American computers
if he knows the U.S. government can listen in?)

McCollum tried to amend the bill in the House Judiciary Committee to
require manufacturers to crack any encryption they wish to export,
either by building in a back door or by holding a decrypting formula.
Manufacturers would be responsible to provide law enforcement with a
decrypted transcript of any communications it had "lawful authority"
to seize. Although the amendment was ruled out of order, McCollum is
undaunted and will, according to committee staff, try to inject it
into the bill as it moves through different committees.

His idea would not only handicap U.S. computer makers vis-a-vis the
rest of the world, but would burden them with the secretarial function
of providing reams of transcripts to our government. McCollum's "keep
the genie in the bottle" approach to encryption is laughable, since
very strong encryption software is already freely available on the
Internet.

McCollum is also behind a push to make our Social Security card
tamper-proof and as secure against fraudulent use as a passport, which
probably means a picture, fingerprint or other biometric system would
have to be employed. His legislation would only hasten the
transformation of our Social Security card into a de facto national ID
card, which then could be useful for another McCollum legislative
initiative that would require a Social Security number to vote.

Apparently McCollum is not satisfied hacking away at privacy and the
Constitution from his lowly House seat; he has announced plans to run
for the Senate after Connie Mack retires. Since the man is a poster
child for government at its biggest, it's astounding that he is so
popular among Republicans. But it looks like he has a good shot at
winning the primary.

If "Senator Spook goes to Washington," there won't be an anti-privacy
award bad enough to do him justice.

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

DEA Chief Announces His Resignation (The New York Times says after 39 years
in law enforcement, Thomas Constantine abruptly announced Monday that by July
1 he would vacate the top office at the Drug Enforcement Administration,
which he has headed since March 1994. Now 60 years old, he wants to return to
New York and spend more time with his family. Constantine's readiness to
assail Mexico's record on drugs set him apart from other senior
administration officials. "What was also important for me was a strong
reputation for integrity. I wanted to be able to leave here with it," he
said.)

Date: Tue, 25 May 1999 09:49:23 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: D.E.A. Chief Announces His Resignation
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Robert Field http://www.csdp.org/
Pubdate: Tue, 25 May 1999
Source: New York Times (NY)
Copyright: 1999 The New York Times Company
Section: Editorial
Contact: letters@nytimes.com
Website: http://www.nytimes.com/
Forum: http://www10.nytimes.com/comment/
Author: Christopher S. Wren

D.E.A. CHIEF ANNOUNCES HIS RESIGNATION

After 39 years in law enforcement, Thomas Constantine abruptly announced
Monday that he would step down as the administrator of the Drug Enforcement
Administration, which he has headed since March 1994.

Constantine said his decision was not motivated by political
considerations. Now 60 years old, he said, he wants to return to New York
and spend more time with his family. But he has disagreed, sometimes
forcefully, with the rest of the Clinton administration's portrayal of
Mexico as a full ally in fighting the flow of drugs into the United States.

Testifying before the Senate Caucus on International Narcotics Control on
Feb. 24, Constantine asserted that Mexican drug trafficking organizations
posed the worst criminal threat to the nation that he had seen in nearly 40
years in law enforcement. Two days later, Secretary of State Madeleine
Albright declared that Mexico was cooperating fully with the United States
in drug-fighting efforts.

Constantine's readiness to assail Mexico's record on drugs set him well
apart from other senior administration officials. But Gen. Barry McCaffrey,
the White House director of national drug control policy, who supported
certifying Mexico, praised Constantine effusively Monday for "his
dedication, persistence, seriousness and integrity." McCaffrey said, "He
did a superb job as the nation's top drug cop."

Constantine, who said he had planned to announce his retirement last month,
expects to leave office by July 1.

"My sense with these things is to make it as quick as you can, and as short
a time between when you announce it and you actually go," Constantine said
in an interview at the headquarters of the federal drug agency in
Arlington, Va. He added, "What was also important for me was a strong
reputation for integrity. I wanted to be able to leave here with it."

He declined to go into details.

Constantine was superintendent of the New York State Police, when President
Clinton appointed him head of the Drug Enforcement Administration on March
11, 1994. As administrator he added more than 1,100 agents, raising the
agency's total strength to more than 9,000 agents and supporting employees.

McCaffrey said that Constantine had "made an enormous difference" in
refocusing the agency to give more assistance to local sheriffs and police
chiefs who were fighting drug trafficking in their areas. This involved
dispatching teams agents, who arrested more than 8,000 suspected drug
traffickers around the country.

Under Constantine, the drug agency also helped the Colombian police
dismantle the Cali drug cartel.

Constantine's successor has not been named. A likely candidate is the
agency's deputy administrator, Donnie Marshall, a veteran agent who was
previously the chief of operations.

Constantine said he hoped to return to New York to teach and to consult for
law enforcement organizations.

"It is totally and completely a personal decision," he said, but then
hinted at a sense of isolation in Washington. "I probably could have stuck
around to the end of this administration," he said, "but it would be
disingenuous."

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

DEA Director Retiring After 5 Years at Post (The Washington Post version)

Date: Tue, 25 May 1999 17:43:16 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: DEA Director Retiring After 5 Years at Post
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Jo-D Harrison Dunbar
Pubdate: Tue, 25 May 1999
Source: Washington Post (DC)
Page: A13
Copyright: 1999 The Washington Post Company
Address: 1150 15th Street Northwest, Washington, DC 20071
Feedback: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website: http://www.washingtonpost.com/
Author: Douglas Farah, Washington Post Foreign Service

DEA DIRECTOR RETIRING AFTER 5 YEARS AT POST

Mexican Gangs Called Growing Threat

Thomas Constantine, director of the Drug Enforcement Administration for the
past five years, announced his retirement yesterday, and warned that Mexican
drug trafficking gangs pose a growing threat to the United States.

Constantine, who added 1,200 agents to the nation's primary counterdrug
force and oversaw a revamping and modernization of the agency's intelligence
operations, said he had sent a resignation letter to Attorney General Janet
Reno and would leave his post by early July after 39 years in law
enforcement work.

The DEA has 8,000 special agents and support personnel working in 200
domestic offices and 80 foreign offices in 56 countries. Earlier this year a
new $29 million training facility was opened in Quantico, Va.

Constantine, who took over the DEA in May 1994, said the most important
achievement of his tenure was working with the Colombian National Police to
dismantle the Cali cocaine cartel, which by the early 1990s had grown to
become the world's most sophisticated drug trafficking syndicate.

The Colombian police, with help from the DEA and CIA, arrested the six top
Cali cartel operatives in the summer of 1995. While the leaders received
relatively light sentences and continue to run part of their drug empires
from prison, the sophisticated networks that moved hundreds of tons of
cocaine from Colombia to the United States and Europe were significantly
disrupted.

"What we did there was very, very effective," Constantine said in a
telephone interview. "Those were our most significant organized crime arrests."

In contrast, Constantine said, his biggest frustration was the rapid
expansion of Mexican drug syndicates across the United States and the
inability of Mexican law enforcement to tackle them.

"There has been explosive growth of criminal drug mafias from Mexico," he
said. "We just turned around and they were everywhere, in New York, in
Baltimore, in Atlanta. ... What is frustrating is that we know who the 20 or
25 top drug dealers in Mexico are, but the Mexican law enforcement is so
weak it seems unable even to find them, never mind arrest them or extradite
him."

Because of the growing strength and impunity with which the groups operate,
Constantine said, the Mexican organizations pose "a growing threat" to both
Mexican institutions and U.S. citizens.

While saying he had no disagreements with the Clinton administration's drug
policy, Constantine said fighting drugs is receiving cyclical rather than
sustained attention from policymakers.

"I give the most best, most honest analysis I can, and give that to the
people who make policy," he said. "But attention is cyclical; it responds
only to a crisis. If it were a war, there would be sacrifices made to win
the war. You can't win a war without sacrifices."

Constantine, 60, began his career as a deputy sheriff in Erie County, N.Y.,
in 1960 and became a state trooper in 1962. In 1986 he was named
superintendent of the New York State Police. He said he plans to teach in
New York to be closer to his six children and 11 grandchildren.

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

Drug enforcement leader resigns (The Agence France-Press version)

Date: Tue, 25 May 1999 19:18:28 -0700
To: restore@crrh.org
From: "G. A ROBISON" (GALAN@prodigy.net), by way of "D. Paul Stanford" (stanford@crrh.org)
From: "CRRH mailing list" (restore@crrh.org)
Subject: Confirming Constantine's resignation

-----Original Message-----
From: ANTIX (willpe@swbell.net)
To: Undisclosed-Recipient:;@mail-gw2adm.rcsntx.swbell.net;
Undisclosed-Recipient:;@mail-gw2adm.rcsntx.swbell.net;
Date: Tuesday, May 25, 1999 4:05 PM
Subject: Drug enforcement leader resigns

Copyright (c) 1999 Agence France-Press

WASHINGTON (May 25, 1999 12:52 p.m. EDT ) -

Director Thomas Constantine of the U.S. Drug Enforcement Administration (DEA)
announced Tuesday he would resign and criticized Mexico as ineffective in
fighting the illegal drug trade.

Constantine, 60, who has led the agency for five years, sent a letter to
Attorney General Janet Reno asking that his resignation become effective in
early July, the DEA said.

In an interview with the Washington Post published Tuesday, Constantine said
the DEA itself had been effective in combating narcotics trafficking,
particularly in efforts to dismantle the Cali drug cartel in cooperation with
Colombian national police.

But he criticized Mexico, saying that organized crime had grown explosively
there and that the Mexican judicial system was too weak to arrest drug
lords.

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

Court Bans Media From Police Raids In Homes (The Chicago Tribune says the
U.S. Supreme Court ruled unanimously Monday that police officers cannot bring
the media along when they go inside a person's house to execute a warrant or
make an arrest. However, the television show, "Cops," isn't about to go off
the air.)

Date: Tue, 25 May 1999 16:23:01 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Court Bans Media From Police Raids In Homes
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Steve Young
Pubdate: Tues, 25 May 1999
Source: Chicago Tribune (IL)
Copyright: 1999 Chicago Tribune Company
Contact: tribletter@aol.com
Website: http://www.chicagotribune.com/
Forum: http://www.chicagotribune.com/interact/boards/
Author: Jan Crawford Greenburg

COURT BANS MEDIA FROM POLICE RAIDS IN HOMES

WASHINGTON -- In a ruling emphasizing the sanctity of the home, the Supreme
Court said Monday that police officers cannot bring the media along when
they go inside a person's house to execute an warrant or make an arrest.

The court unanimously ruled that law-enforcement authorities violate the
Constitution when they allow the media to come inside.

The practice is so intrusive, the court said, that it violates the 4th
Amendment's prohibition against unreasonable searches and seizures.

Law-enforcement authorities and media organizations had argued in favor of
the practice. They maintained that it furthered police objectives by
educating the public and was important for accurate reporting on police
issues.

They also argued that it could serve to minimize police abuses and to
protect suspects.

The practice of media ride-alongs has become increasingly popular in recent
years. The television show "COPS," for example, is devoted exclusively to
following police officers on the beat, and it has spawned several imitators.

Monday's ruling will have an impact on those shows, but it won't kick them
off the air. Lawyers noted that the camera can still go along, so long as
it stops at the front door--or unless the residents give them permission to
come inside.

"This still means media ride-alongs with police will be permitted in the
vast majority of circumstances--anytime you do an activity in public, and
most drug arrests and raids occur in public places," said Richard Cordray,
who represented federal law-enforcement officers in two cases before the
court. "The only limit is if you go into a home, the media can't go in."

Some issues remain unresolved. The court did not mention whether the media
can go with police into an office building or an apartment building lobby.

Those gray areas could lead some officers to turn down media ride-along
requests, fearful of prompting new litigation, some lawyers said.

But in the two cases before the Supreme Court, two couples said it was
simply too intrusive.

The first case concerned Charles and Geraldine Wilson, a Maryland couple
roused from bed early one morning when police entered their home to arrest
their son. He wasn't there, but, unbeknownst to the Wilsons, a reporter and
photographer for The Washington Post were present with the officers.

The other case involved Paul and Erma Berger, a Montana couple who sued
officers of the U.S. Fish and Wildlife Service after the agents allowed a
Cable News Network crew to come along during a search of their ranch.

The federal agents were looking for evidence that Paul Berger poisoned bald
eagles. The Bergers also sued CNN, and that suit is pending.

The court said the same principles applied in both cases against the
law-enforcement officers. It issued a summary ruling in the Berger case,
even though the facts were slightly different.

A federal agent, for example, entered the Bergers' home wearing a hidden
CNN microphone that transmitted sound to a CNN technical crew.

In siding with the two couples, the court said the police and media's
concerns about the public interest simply weren't enough to justify such an
invasion into a person's very private space.

Police are justified in bringing third parties along, the court said, only
when they are needed in executing the warrant.

Where police enter a home with a warrant to search for stolen property, for
example, a third person may be needed to identify the property, the court
noted.

In his majority opinion, Chief Justice William Rehnquist made several
references to the sanctity of the home--an ideal that predates the
Constitution, having been recognized by courts in England as early as 1604.

"In 1604, an English court made the now-famous observation that `the house
of every one is to him as his castle and fortress,' " Rehnquist noted. "The
4th Amendment embodies this centuries-old principle of respect for the
privacy of the home."

The 4th Amendment generally requires police to obtain a warrant before
searching a home, unless they get the person's consent or have some type of
emergency. It also requires that any police action inside be related to the
objectives in the warrant.

"Certainly the presence of reporters inside the home was not related to the
objectives of the authorized intrusion," the court said. The court did not
hold the officers liable in the two cases because the law was unsettled
when they gave the media permission to accompany them.

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

Cop Show's Goof Frees Pot Dealer, Stings Landlady (The Province, in
Vancouver, British Columbia, describes how charges came to be stayed against
an unnamed marijuana cultivator who caused $40,000 in damages to a rental
house in Burnaby. A ruling by an unspecified court in Vancouver means the
grower's rights were violated when a camera crew for the television show, "To
Serve and Protect," went into the house after the police went in.)

Date: Tue, 25 May 1999 14:51:56 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Canada: Cop Show's Goof Frees Pot Dealer, Stings Landlady
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: creator@mapinc.org
Pubdate: Tue, 25 May 1999
Source: Vancouver Province (Canada)
Copyright: The Province, Vancouver 1999
Contact: provletters@pacpress.southam.ca
Website: http://www.vancouverprovince.com/
Author: Peter Clough

COP SHOW'S GOOF FREES POT DEALER, STINGS LANDLADY

Critics Called It A Public-Relations Farce

They said To Serve and Protect, the Lower Mainland's weekly TV circus
of nightclub brawls, lippy teens and domestic disputes, was nothing
but pure entertainment.

They said it served no purpose and protected no one.

They couldn't have asked for better proof than a case that emerged out
of Burnaby last week. Several months after police pulled the plug on
the show, leaving addicted viewers with nothing but re-runs, the
operator of a major basement-grow operation has walked away a free
man. He can thank To Serve and Protect.

The crook's landlady, left with a $40,000 home-repair bill, says she's
furious at how our judicial system let her down.

``Mary'' -- she fears reprisals -- thought she was doing the sensible
thing when she rented out her house through an agency in March 1997.

``They called and said they were very good tenants,'' she recalls.
``It was a man, his wife and her sister, or something like that.''
Mary lived right around the corner and, while she never saw the wife
or sister, often exchanged courtesies with the man who had signed the
post-dated cheques.

Eight months later, she was driving home from work when she noticed a
crime unit in the drive.

``The officer explained that there was a grow operation in there,''
she says. ``When I walked in, it was devastating. Everything was
ripped up. The floors were jack-hammered, all these tanks were fixed
into it, the carpets were all ripped out, and in the walls and ceiling
there were holes everywhere. He had 300 plants in the basement.''

Her tenant had already fled when the drug squad burst through the door
-- followed by a crew from To Serve and Protect.

But when he turned himself in a few days later, it seemed to be an
open-and-shut case. Mary was asked to appear in court last week to
identify him. She was, she says, looking forward to seeing justice
done. She had spent $40,000 on repairs and lost a further $14,000 in
rent.

``The money's not important,'' she insists. ``And it's not like I have
money to throw around. But they destroyed something I worked very hard
for.''

Then she got the call. ``They said don't bother coming to court,
because the charges have been stayed. Serve and Protect went into the
house after the police went in and that apparently infringes on his
rights. I was a little angry, to say the least.''

She says she doesn't believe that the camera crew jeopardized the case
-- especially as the tenant had already fled the scene.

``Our judicial system failed,'' she says. ``These people went in and
destroyed someone else's property. They made big bucks out of it and
they got off because some lawyer or whoever found this little
technicality and said no, you can't charge him. It's
outrageous.''

She recently rented the house to someone else. She did the interviews
personally this time -- and followed the advice of the police in
asking her tenants to agree in writing for her to inspect the house
once every two months.

RCMP spokesman Cpl. Grant Learned says the Burnaby case was one of
several to be dropped as the result of a Vancouver ruling in which
charges were dismissed because a CBC camera crew had entered someone's
property without being named on the search warrant.

He says it was one of a number of reasons why police pulled out of To
Serve and Protect.

Meanwhile, he says, landlords should routinely monitor rental
properties and look for signs such as: Guard dogs, blacked-out windows
and tenants who appear to be unusually shy.

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

Pot crusader starts club in Calgary (The Calgary Herald says Grant Krieger,
convicted last December of marijuana trafficking, plans to open a
medical-marijuana dispensary, the Universal Compassion Club, in Calgary by
mid-June. Krieger said he stopped visiting his probation officer in March
because he questions the legitimacy of any law that denies him access to a
drug to help him cope with multiple sclerosis. "I was nothing more than a
political prisoner," Krieger said. "Society doesn't have the right to tell me
how to heal my body or what I may or may not use in the process.")

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Cc: editor@mapinc.org
Subject: Canada: Pot crusader starts club in Calgary
Date: Tue, 25 May 1999 07:26:43 -0700
Lines: 43
Newshawk: creator@mapinc.org
Source: Calgary Herald (Canada)
Contact: letters@theherald.southam.ca
Pubdate: Tue, 25 May 1999
Author: Brock Ketcham, Calgary Herald

Pot crusader starts club in Calgary

A Calgary club that will provide seriously ill patients a safe and reliable
supply of marijuana to alleviate their suffering will be operating by
mid-June, said a pot crusader.

Grant Krieger, convicted last December of marijuana trafficking, said he
stopped visiting his probation officer in March because he questions the
legitimacy of any law that denies him access to a drug to help him cope
with multiple sclerosis (MS).

A Regina judge gave the 44-year-old Calgarian an 18-month suspended
sentence in January and ordered him to report regularly to a probation
officer.

Krieger, who could be hauled back to court on a breach of probation charge,
said he is lying low while he lines up sources of supply for his club,
Universal Compassion Club. He said he will become a supplier as well.

``I was nothing more than a political prisoner,'' Krieger said. ``Society
doesn't have the right to tell me how to heal my body or what I may or may
not use in the process. I just called (a Calgary probation officer) up and
told her I was finished playing that game.''

But Det. Pat Tetley of the Calgary Police Service drug unit cautioned there
is no room for philosophical argument where the law is concerned, and
police will prosecute users and suppliers.

``Marijuana is illegal,'' said Tetley, the unit's drug expert. ``As long as
the drug remains illegal, we'll enforce the laws that apply to it. That's
the way it is.''

Krieger said his club has 25 members who suffer from diseases such as MS,
fibromyalgia, cancer, glaucoma and AIDS.

Most of their supply comes from Calgary growers, he added.

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

Pot: Woman says pain, fatigue is lifted (A sidebar in the Calgary Herald
features fibromyalgia sufferer Mara Czayka, who recalled how the quality of
her life improved dramatically after meeting Krieger last March.)

Date: Tue, 25 May 1999 21:25:01 -0700
Subject: Pot - Woman says pain, fatigue is lifted
From: "Debra Harper" (daystar1@home.com)
To: mattalk (mattalk@listserv.islandnet.com)

FYI - This appeared in the newsprint edition Pg.A2 as a continuation of the
story "Pot crusader starts club in Calgary"

***

Newshawk:daystar1@home.com
Source: Calgary Herald (Canada)
Contact: letters@theherald.southam.ca
Pubdate: Tue, 25 May 1999
Author: Brock Ketcham, Calgary Herald

Pot: Woman says pain, fatigue is lifted

Fibromyalgia sufferer Mara Czayka, 37, who lives on an acreage in the Turner
Valley area, recalled how the quality of her life improved dramatically
after a fateful meeting with Krieger last March in his home.

Czayka, who suffered from unremitting pain, extreme fatigue, tremors and
memory loss and often was bedridden. was at wit's end. Her doctors could do
little. A friend suggested she see Krieger. He handed Czayka a pipe and she
took a couple of puffs.

"Suddenly my shaking stopped," she said. "It was great. I was in rough
shape. I was shaking. I remember sitting on the couch and Grant offered me
the cannabis. I remember thinking half an hour later, "I'm carrying a
conversation."

Czayka, who appears vital and healthy, said she is living a more normal
life. She takes about four or five puffs as often as 10 to 15 times a day.

During a Herald interview, Czayka suddenly displayed shortness of breath and
tremors. Thirty seconds later, she asked the reporter if he would mind if
she lit up.

Czayka pulled a joint from a "medicine" can. After about five quick puffs
and two minutes, she was back to normal. "This stuff is beautiful," she
said. "It is the champagne of (pot).

"I'll do whatever it takes to help push (compassion clubs) through," she
said. "When Grant came into my life, it was a blessing."

Brenda Fischer, 37 of Calgary, who suffers from Ehler-Danlos syndrome - a
rare, incurable, genetic connective-tissue disorder - said she, too will do
whatever she can to make Krieger's club a success.

About 1 1/2 years ago, Fischer's physician wrote a "To-whom-it-may-concern"
letter that said only long-term narcotics would ease her pain. "She finds
that marijuana helps her pain and her insomnia and I have agreed with this,
as I have no other therapies to offer her," the doctor wrote.

A Health Department memo obtained last month by Southam News suggest
Canadian drug and tobacco strategies could be undermined if marijuana were
allowed for medical use while the government is trying to stamp out smoking
and illegal drug use.

Nonetheless, Health Minister Allan Rock said in March that Ottawa will start
clinical trials of medical marijuana.

Krieger said an 800-member club is flourishing in Vancouver. But London,
Ont. police recently forced the closure of a club by arresting and
prosecuting its suppliers, he said.

Krieger's conviction was his second on a marijuana-related offence. A
Calgary judge gave him a $550 fine in October 1998, after he lit a joint in
front of the Court of Queen's Bench and told onlookers he planned to give
some to another man with MS. He said he is living apart from his wife and
three children to shield them from police.

Krieger said he intends to organize a nationwide network of clubs. For now,
though, he's focusing on the Calgary club, and he's making his network large
enough so that if police catch any supplier, it will affect only a small
part of the organization.

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

Medical marijuana debate in Canadian House of Commons (An English-language
transcript of this evening's historic debate over whether to end Canada's
ban on medical marijuana also shows how each MP voted in the 203-29 final
tally.)

Date: Fri, 28 May 1999 15:11:45 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Canada: Medical Marijuana debate in House of Commons
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Matt Elrod
Pubdate: Tue, 25 May 1999
Source: Debates of the House of Commons of Canada (Hansard)
Website: http://www.parl.gc.ca/
Note: Below is the debate and historic vote of Tuesday evening in Canada,
with results opposite of a similar vote last year in the U.S. Congress. 209
votes for, only 29 against in Canada. The vote results and who voted which
way are at the end of this item.
Also: The debate and results in French are also at the above website.
Related: http://www.mapinc.org/drugnews/v99.n558.a07.html

PRIVATE MEMBERS' BUSINESS

[Translation]

LEGALIZATION OF MARIJUANA FOR HEALTH AND MEDICAL REASONS

The House resumed from April 14, 1999, consideration of the motion, of the
amendment and of the amendment to the amendment.

Mr. Bob Kilger (Stormont-Dundas-Charlottenburgh, Lib.): Mr. Speaker,
discussions have taken place between all parties and the member for
Rosemont concerning the taking of the division on M-381 scheduled at the
conclusion of Private Member's Business today. You would find consent for
the following:

That, at the conclusion of today's debate on Motion M-381, all questions
necessary to dispose of the said motion shall be deemed put, a recorded
division deemed requested and deferred until Tuesday, May 25, 1999, at the
expiry of the time provided for Government Orders.

The Acting Speaker (Mr. McClelland): The House has heard the terms of the
motion. Is it the pleasure of the House to adopt the motion?

Some hon. members: Agreed.

[English]

Mr. Keith Martin (Esquimalt-Juan de Fuca, Ref.): Mr. Speaker, the bill
relates to something that is at the forefront of a number of people's
minds. It deals with the legalization of marijuana for medicinal purposes.

Tragically there are a number of people in our country who are suffering
from debilitating diseases or are in the process of dying who need hospice
care and therapeutics to relieve their suffering. In some cases we have
been unable to prevent the suffering they endure in their dying moments or
in their time of need and some of those people have turned toward smoking
marijuana to relieve that suffering.

We do not know if the effects of marijuana consumed under those conditions
are due to a medical or therapeutic effect due to the intrinsic
pharmaceutical property of marijuana or whether this is a placebo effect.
As a physician, I personally do not care. In my view, if somebody is dying
they should be able to participate in whatever it takes to relieve their
suffering as long as it does not hurt anybody else.

We have no interest in legalizing marijuana or any other currently illegal
drug for general consumption. Some would disagree, but the reason for this
is that there is an overwhelming body of evidence to show that marijuana is
a harmful drug.

There are over 200 substances within marijuana. Some of those substances do
have a detrimental effect to a person's functioning in the short term and
in the long term. This is particularly profound among children who sustain
cognitive disabilities as a result of the chronic consumption of marijuana.
We have no interest whatsoever in furthering that. In fact, we would like
to prevent it. The bill deals with the medical use of marijuana.

1110

The government needs to work with the medical community and stakeholders to
ensure there is a well defined group of people allowed to use marijuana
under certain conditions. We do not want this to become a loophole whereby
people can say they have a headache and need to take marijuana.

I congratulate the Minister of Health for asking the Department of Health
to undertake studies on the medical effects of marijuana under these
circumstances. We would like to do our best to ensure people are taking
substances based on good medical science and not for other reasons.

Another problem in our country is how we are dealing with the overall drug
consumption. We tend to try to manage these problems rather than to prevent
them. I have spent quite a bit of time working in drug rehabilitation and
detox centres. What we are doing right now by and large simply does not
work. Our response to the terrible problems that drugs are inflicting on
our society is to try to prevent this when teenagers are doing it or when
adults are doing it. We try to deal with the management of the problem
rather than dealing with children very early on in trying to prevent it.

We, along with other countries, invest a lot of money internationally
trying to deal with the countries that are producing it. We try to deal
with the peasants in Columbia and in southeast Asia who are producing and
growing poppies in order to get money to put bread on their tables. Who can
argue with these very poor people who want to be able to grow these drugs
in order to survive? I would argue that most people in similar
circumstances, being faced with abject poverty and an inability to care for
themselves and their families, would do whatever it took to ensure that
occurs.

To invest money on that side is a losing proposition and we have been
unsuccessful. We spend a lot of money dealing with the producers of drugs
rather than dealing with the demand. We and other countries must focus more
on preventing the consumption within our own countries of illegal
substances such as pot, heroin, cocaine, Ritalin, T's and R's and a
kaleidoscope of illegal drugs used by many people. If we put more money
into prevention to deal with the demand within our own country the supply
would have to dry up. If nobody would want to consume the substances
production would have to stop. Rather than investing huge amounts of money
in drug interdiction in other countries like Columbia, Burma and others, we
need to look closer to home and try to deal with our consumption.

We found out that if we start dealing with children very early on when they
are eight to ten years of age, we will get the best bang for our buck.
Dealing with children early on will have the most profound effect on our
future ability to prevent children and therefore adults from consuming
drugs. The head start program has had a profound effect in parts of our
country, in particular in Moncton, New Brunswick, and in other parts of the
world such as Ypsilanti, Michigan and Hawaii. The Minister of Labour has
been a leader in pursuing this as has the secretary of state for youth who
has taken a very big interest in this issue and has pursued it with great
vigour.

If we all get behind the concept of a national head start program that uses
existing resources, we can start dealing with children in the first eight
years of life. We will deal not only with consumptive practices in
teenagers and adults, but we will also try to address the very important
issue of fetal alcohol syndrome, fetal alcohol effects and the effect of
drug consumption while a woman is pregnant. This is no small problem. The
leading cause of preventable brain damage in our country is fetal alcohol
syndrome. It is epidemic.

1115

The problems for people suffering from fetal alcohol syndrome cannot be
understated. These people have an average IQ of 68. They have physical
deformities. They have a number of other problems such as cognitive
deficiencies. When children who have FAS of FAE go to school, their ability
to interact with their peers, to study in school and to concentrate is
marred forever. They have irreversible brain damage.

When the child tries to interact at school teachers are often ill equipped
and under tasked to deal with them. The child becomes marginalized. The
child does not get the help the little one needs and progressively becomes
more isolated. Developmental and behavioural problems occur which can
manifest themselves not only in behavioural problems at school but also
tragically can lead to drug consumption and criminal behaviour.

It is a terrible vicious cycle which is very difficult to break. Imagine if
that cycle could be broken and the child's brain had never been damaged by
being subjected to alcohol and drugs in utero. The child would have a
fighting chance and could potentially be on a much more level playing field.

I implore the government to look at the national head start program. Look
at what the Minister of Labour has done. Look at what the Secretary of
State for Children and Youth is doing on this issue. Work with members
across party lines to prevent social problems rather than to manage them.
The benefits of doing this are dramatic on a number of levels. They found a
50% reduction in youth crime and a 40% reduction in teen pregnancies which
is a one-way route for poverty usually for both the mom and the child. They
found a massive decrease in welfare. Children stayed in school longer.

In short, the head start program dealing with existing resources,
strengthening the parent-child bond, teaching parents how to be good
parents, learning the importance of play, discipline, setting boundaries,
ensuring that children's basic needs are met, the importance of nutrition
for a growing child all sound basic, but members would be surprised how
many communities across the country lack them. We have to address this now.
The longer we do not deal with the preventative aspects for children in the
first eight years of life, the longer we will have the tragic situations we
see in so many communities today.

In closing, the motion is a good one. It needs to be applied to the
medicinal use of marijuana. We would like to see medical studies to
substantiate this. We would also like to ensure that this is not going to
be a route to legalizing marijuana which we are opposed to.

Ms. Elinor Caplan (Parliamentary Secretary to Minister of Health, Lib.):
Mr. Speaker, I would like to address the control of marijuana today from
the legislative standpoint and legal obligation. The legislative challenges
are imposing but the government is committed to meeting them. The focus of
my debate today will be exclusively on the use of marijuana for medical
purposes and on the legislative and international commitments to which
Canada is deeply committed.

The medicinal use of marijuana is not only a complicated medical and legal
issue, it is a complicated legislative issue. Any move to relax controls
over cannabis brings into play domestic laws and international treaties,
violations of which bring very serious consequences. The legal realities
cannot be ignored. That is why I am speaking to the subamendment that has
been proposed. It is troublesome from the obligations and legal realities
especially of international treaties.

Should marijuana be used for medical purposes it must be done without
undermining domestic efforts to control the illicit marijuana market.
Canada cannot contravene important international agreements that combat the
global trade of illicit drugs. In view of this commitment as well as many
other concerns, the government is now preparing a plan specifically
intended to help Canadians who are suffering facilitate access to marijuana
for medical purposes only.

1120

Allow me to outline these legal obligations and how our agenda for research
will address them in Canada.

Cannabis is controlled under the Controlled Drugs and Substances Act and
the narcotics control regulations. The CDSA has a clear purpose to control
substances that can alter mental processes. These are substances that can
harm the mental health of individuals in society if used and distributed
without appropriate supervision. The CDSA therefore prohibits the
production, importation, exportation, distribution, sale and possession of
marijuana in Canada.

The narcotics control regulations meanwhile permit exceptions to the
control of substances if certain conditions are met. The regulations
authorize the granting of licences to permit the manufacture, import,
transport and distribution of narcotics, including marijuana, for medical
and scientific purposes. The current regulations therefore permit the use
of marijuana for medical and medicinal purposes. The narcotics control
regulations contain mechanisms to grant appropriate licences and so on and
so forth.

In short, the use of marijuana for medical purposes is already possible,
provided the product is of good quality and originates from a licit, that
is a legal, licensed supplier and is distributed and used in a proper
scientific or medical context. That is where we run into the complexity of
this issue. We face many difficulties relating to the securing of safe,
legal, that is licit, and reliable sources of marijuana for medicinal
purposes.

Canada must comply with international obligations under a series of
treaties designed to control drugs worldwide. I will expand on this very
briefly. For cannabis to be used in therapeutic situations it must
originate from a legal source and be of medicinal quality.

The government cares and has compassion for Canadians who are suffering
from serious illnesses. For this reason our plan will include access to a
safe quality supply of marijuana. We do not want Canadians to gamble with
their health in using drugs of unknown quality and drugs which may in fact
do more harm. As well, its distribution would need to comply with the
requirements of the food and drugs act and regulations to ensure product
safety, efficacy and quality.

Health Canada is exploring avenues to provide Canadians with access to
medicinal marijuana in a controlled medical setting. In fact Health Canada
has already taken the initiative of exploring and possibly securing legal,
licit, quality sources of marijuana for medicinal use for the vital
research we want to conduct.

There are a few countries, the United States and others, where marijuana is
being legally cultivated in limited quantity under strict government
control specifically for its use in research. Researchers can obtain
marijuana from those sources. The domestic supply here in Canada is also
being explored.

The cultivation of marijuana in Canada however involves more than domestic
health and safety issues. International obligations must be met. Marijuana
is controlled primarily by the 1961 United Nations single convention on
narcotic drugs. Canada is a signator and we have ratified that convention.
Under this and other conventions, Canada is obliged to exercise control
over production and distribution of narcotics and psychotropic substances.
We must combat drug abuse and illicit trafficking and report our activities
to international bodies. These are our treaty obligations.

As well I would point out that at the present time there is no scientific
evidence on marijuana's medicinal values and the safety or efficacy of
marijuana. This has not been established in any country.

The government is committed to enabling scientific research into the
potential benefits and hazards of marijuana. We want to compile the needed
evidence to meet our legislative challenges, and they are many as I have
outlined, but more important to help Canadians who are suffering and those
who are terminally ill and who feel medicinal marijuana might be of benefit
to them. We want to help. It must however be done without compromising
Canadian standards for health, safety and security.

I am sure hon. members would agree that this is a prudent yet compassionate
and carefully considered plan of action.

1125

[Translation]

Mr. Maurice Dumas (Argenteuil-Papineau-Mirabel, BQ): Mr. Speaker, I am
pleased to speak to Motion M-381, presented by my colleague from Rosemont,
which reads as follows:

That...the government should undertake all necessary steps to legalize the
use of marijuana for health and medical purposes.

As the Bloc Quebecois critic for seniors and seniors' organizations, I
would like to congratulate the F‚d‚ration de l'fge d'or du Qu‚bec, the
FADOQ, which has supported the application for the legalization of
marijuana for health and medical purposes.

It has indicated its support by encouraging the Minister of Health to work
expeditiously in this matter. The F‚d‚ration's decision was unanimous, that
is 18 members of its 18 member board of directors espoused the cause, while
noting that they did not encourage the use of drugs either natural or
synthetic.

I should mention that the F‚d‚ration represents nearly 275,000 seniors in
Quebec and that its outgoing president, Philippe Lapointe, a very lively
85-year old, is from my riding of Argenteuil-Papineau-Mirabel.

In addition, we note that seniors are speaking out more and more. They are
defending their ideas and their rights. This year, 1999, has been declared
the International Year of Older Persons, and this week is seniors' week. I
would also like to mention that the fourth World Conference on Aging will
be held at the Montreal Convention Centre from September 5 to 9, 1999.

I reiterate my request to the public at large, so we may obtain as many
signatures as possible on the postcards the Bloc Quebecois sent out to make
people aware of this issue. In fact, the Bloc Quebecois send out over
10,000 postcards, and the response has been positive.

People cannot be insensitive to the suffering of thousands of people in ill
health. Many patients who might use this medication are currently forced to
take many pills a day and are at risk of becoming sick to their stomach. In
a 1997 CTV-Angus Reid poll of 1,500 adults, 83% of Quebeckers and Canadians
were in favour of legalizing the use of marijuana for health purposes.

The National Pensioners and Senior Citizens Federation, the Canadian AIDS
Society, the Canadian Hemophilia Society, the Coalition qu‚b‚coise des
organismes communautaires de lutte contre le sida, and the dailies Le
Soleil, Le Devoir, Le Droit, The Globe and Mail and The Ottawa Citizen all
support this initiative.

This is an issue of compassion. The chairwoman of the board of the
Vancouver Compassion Club, an organization with a membership of over 700
individuals, also supported the motion. She signed the postcard sent to
federal parliamentarians, asking them to support the motion to legalize the
use of marijuana for medical purposes. The club is a non-profit
organization which has been providing safe and high quality marijuana since
1996 to seriously ill individuals.

I addressed this issue on December 9, 1997, before the House of Commons
Standing Committee on Health. At the time, I asked the Deputy Minister of
Health to provide clarifications on the use of marijuana for health
purposes in the fight against AIDS, to alleviate the suffering of AIDS
victims.

I raised this issue following representations made by Jean-Charles
Pariseau, of Hull, who regained some strength after inhaling marijuana. Mr.
Pariseau is a terminally ill AIDS patient. He uses marijuana to relieve
nausea and stimulate his appetite. His attending physician, Dr. Donald
Kilby, from the University of Ottawa's health services, supported his
representations.

Today, Jean-Paul Pariseau will be protesting in front of Parliament, here
in Ottawa, and I want to salute him and reiterate my support for his cause.

1130

Fortunately, there are some judges who are showing some compassion. The
Ontario court has already found part of the Narcotics Act to be
unconstitutional, particularly where the use of marijuana for health
purposes is concerned. Another Ontario judge has recognized the right of a
Toronto man, Terry Parker, to grow and smoke marijuana for his own medical
use.

It is hard to call upon judges to make a decision on a societal debate. It
is unacceptable for a chronically ill person to be liable for six months in
prison, in addition to a $1,000 fine, for using medication that may have
been recommended to him by his physician.

As I said in my first speech in this House on the legalization of marijuana
for health and medical purposes, there have been a number of changes in
federal policy on drugs in Canada. The first federal legislative measure in
this area, in fact, dates back to 1908 and was particularly aimed at those
who smoked opium.

The Minister of Health needs to do more than mandate federal public
servants to submit a plan including the holding of clinical trials. He
seems incapable of setting any real and reasonable deadline.

In conclusion, I must again point out that this is a matter of compassion.
I am proud that the Bloc Quebecois has raised this matter for the first
time with Motion M-381 by my colleague from Rosemont, and I strongly
encourage all hon. members to support this motion.

[English]

Mr. Peter Stoffer (Sackville-Musquodoboit Valley-Eastern Shore, NDP): Mr.
Speaker, I rise on behalf of the New Democratic Party to thank the member
for Rosemont for bringing the motion forward.

It was interesting to hear the government side speak about the fact that we
must concentrate on health care and health care matters when it was the
Liberal government that took $21 billion out of health care spending and
replaced only $11.5 billion after five years. In many ways I wish the
government would back up its statements and arguments with the resources
that are required.

It is also ironic the Minister of Health recently said that there would be
studies and clinical tests on the medical use of marijuana for those who
have serious illnesses. It is just being done now. Marijuana has been
around for thousands and thousands of years and in 1999 the federal
government is to conduct studies and clinical tests on the use of marijuana
for medicinal purposes.

I do not think any one in the House could actually dictate to people who
are seriously ill, who have AIDS and other ailments of that nature, what
they should and should not do to feel better. Yes, we have to put
precautions in place. Yes, we have to make sure that the safeguard of all
Canadians, especially when it comes to their health, is paramount in any
decisions that the House makes or in any recommendations from individuals.

However, we have to take ourselves out of our suits once in a while and
place ourselves in the position of those people who are severely disabled
through various diseases, especially, for example, when it comes to the
issue of AIDS.

In the United States 36 states out of the union have passed legislation
endorsing the medical use of marijuana despite a federal U.S. ban. I am
sure that ban is in place as the member from the Liberal Party indicated.
There are cross-country obligations and international treaty organizations
which have to be adhered to in the legal matter. If the Canadian government
really wished to and if the people of Canada were really behind it, ways
could be found to speed track the issue forward so that relief could be
found for those people.

As the father of two young girls there is no question I am very concerned
about the future of Canada, what substances will be adhered to, what will
be in the schools and playgrounds and everywhere else. The relaxation of
any concern when it comes to their health is very serious.

We should try to assist people who are seriously ill and have relied on
alternate means of remedies to achieve relief from their pain and
suffering. This is one reason the motion brought forward by the member for
Rosemont is very appropriate at this time.

1135

I wholeheartedly encourage the government to go forth with its studies in
terms of the medicinal use of marijuana. I encourage the member for
Rosemont to continue the debate to bring this very serious issue to the
forefront.

These are issues which a lot of people do not like to talk about because
they give the perception of being seedy subjects. People think we should
not be talking about issues of this nature. The House of Commons is exactly
where issues of this nature should be discussed and where regulations and
legislation should be passed. This is where people on all sides of the
debate should have an opportunity to discuss such an important subject.

I trust we will have a pleasant time in the House for the next four weeks
as we debate this issue and many other important issues brought before the
House.

Mr. Peter MacKay (Pictou-Antigonish-Guysborough, PC): Mr. Speaker, I thank
my colleague from Nova Scotia for the brevity of his remarks so that I
might participate. I say at the outset that the Progressive Conservative
Party agrees with comments which have been made with respect to Motion No.
381 put forward by the member for Rosemont. This is an issue of compassion.

A very important comment was made by a previous speaker regarding the
government's tendency to borrow opposition motions and previous
governments' initiatives. Although no one has a patent on good ideas,
Canadians have witnessed a government that has established a record of
policy plagiarism.

The hon. member for Rosemont brought forward a motion which calls upon the
government to bring about change in our health care system, our medical
practice, that would allow for the medical prescription of marijuana in
pain control. The most important point to keep in mind about the issue is
that the motion is aimed at those who are affected and are currently
suffering from very serious illnesses such as AIDS, cancer, MS and
glaucoma. These individuals are suffering every day and it appears very
little can be done with current medical procedures to ease the pain and
ease the mind, particularly knowing that many of these diseases are fatal.

Forcing people to acquire a painkiller like the currently illegal marijuana
certainly adds to the mental anguish. We are on the horns of a classic
dilemma. We have a legally restricted activity, a social wrong that was
created by law, yet a humane need to ease suffering.

I want to be clear. My position or that of the Conservative Party should
not be mistaken as advocating drug use for any non-medical purpose. In fact
it is quite the contrary. We are advocating a shift in the approach taken
to the enforcement of drug use, particularly marijuana that is used for a
very limited purpose, that being the medical tranquillity of suffering.

The key words here are health and medical purposes. We are talking about
the compassionate use of a substance which is presently illegal in all
circumstances. A number of substances are currently being used in the
practice of medicine which are prescribed by doctors quite often to control
pain, substances such as codeine, morphine and heroin which are perfect
examples of drugs that in other circumstances would certainly be deemed
illegal. Heroin, for example, has been used with a doctor's prescription
since 1985 to ease the pain and suffering of Canadians fighting side
effects of illnesses.

We can separate crime from medicine with very definitive, decisive laws.
Further research may lead to a chemical production of a byproduct of
marijuana which might be taken in a different form, that is taken orally
through a pill. The use of a drug to relieve pain in those suffering from
terminal illnesses, not for recreational use, is the aim of this motion.
Delay in bringing this about will cause further pain and suffering for
those afflicted.

On May 6 Jim Wakeford, a Toronto man suffering from advanced AIDS, applied
for and finally received permission from Health Canada to use marijuana
after fighting in the courts for years. Courts have recognized the humane
need. Legislators like the Parliament of Canada should lead, not follow, on
an issue such as this one. We cannot make criminals out of those needing
our compassion or those who are trying to ease suffering.

1140

The Compassion Club of Vancouver, also mentioned in the debate, supplies
marijuana at no cost, free, solely to ease the pain of sick people on the
lower mainland. This club is illegal but receives referrals from agencies
of individuals suffering from AIDS or multiple sclerosis. It is a secure
environment with a very good quality of marijuana, unlike that often found
on the streets which might be laced with another substance.

The health minister promised in March that he would take steps toward
helping seriously ill Canadians who require medical access to marijuana.
The guidance document makes no reference to the severity of illness. It
does not distinguish between terminal and non-terminal cases. There is a
number of ambiguities.

The health minister is simply taking too long. Hilary Black, the Compassion
Club founder, has stated that the slow speed of the minister's initiative
means that more people will have to come into her clinic. Those individuals
will continue to suffer until legislation is passed.

A fast response and a strict guide or criteria are needed, as is a clear
definition that doctors' prescriptions will be granted therefore avoiding
litigation, confusion and further delay.

A number of facts about marijuana have been touched upon already. One
matter to keep in mind is that when it comes to glaucoma it reduces eye
pressure, which reduces pain. It reduces spasms in victims who are
suffering from multiple sclerosis. It reduces nausea in the treatment of
cancer patients. It helps alleviate depression and regain appetite in those
suffering from AIDS. There are no real side effects, aside from some
dulling of the senses. As we know, some of the side effects from the
horrific treatments which are undergone, in particular I am thinking of
radiation, are sometimes worse than the actual symptoms of the illness the
patient is suffering.

The Canadian Medical Association since 1981 has advocated the
decriminalization of the possession of marijuana. It is encouraging to see
that we in this place and in other parts of the country are finally
catching up. The Canadian Police Association has taken a very positive view
of this step. There are certainly noble reasons to permit the medical use
of marijuana.

The Canadian Medical Association however recommends that the federal
government, with respect to the jurisdictional aspect, move toward changes
in our Narcotics Control Act and our Food and Drugs Act to keep up with
this current trend. This position raises concerns about the herbal medicine
aspect and the fact that it cannot be patented. The association states that
there is a possibility that there will be exploitation of research if
guidelines are not put in place. The government can address these problems
and make changes to other legislation which will have to be amended.

There is also concern, I might add, on a number of levels, one being the
chemical content that may come into play. These plants vary from plant to
plant with respect to dosage. There is also concern about the
standardization and the reproductability of clinical trials which will be
problematic when it comes to putting the medical use forward. It would be
almost impossible to conduct blind trials without having some consistency
in the approach. There is also concern about the delivery of the drug and
it not being reliable from patient to patient as the dose depends on the
delivery technique.

These are obviously scientific matters that will have to be addressed in
order for there to be consistency and in order for there to be safety, one
of the underlying elements which always has to be kept in mind.

There is concern as well about research in this area. Quality research,
random control trials and a guide to decision making are very appropriate
when it comes to the needed standardized approach. There is no consistency
in terms of the product available at this time. The dosage, the length of
use and the possibility of addiction are areas that will have to be further
researched.

Different drugs will have a different effect on individuals. There is also
the aspect of the synergistic effect that marijuana might have when taken
in conjunction with other chemicals and in consideration of a person's
bodily make-up.

The patient's perspective is something that has to be emphasized. A person
who requires marijuana and feels the physical need to use it to reduce
suffering even with the mental effect it has certainly legitimizes the
efforts to move toward the decriminalization of marijuana for this very
limited purpose.

We cannot ignore that drugs are a consistent problem in today's society,
but this is not a step toward legalizing marijuana in its entirety. I do
not advocate that position at all. With the checks and balances that are
needed there seems to be an opportunity before us. If the government is
diligent and forward looking in its approach I am sure we can move this
matter forward. 1145

We support this initiative cautiously and encourage the government to move
swiftly and decisively. I congratulate the member for Rosemont for taking
this initiative and we look forward to further debate on the issue before
the House.

[Translation] The Acting Speaker (Mr. McClelland): Pursuant to the order
adopted earlier today, all questions necessary to dispose of the said
motion are deemed put, and a recorded division deemed requested and
deferred until the expiry of the time provided for Government Orders later
this day.

[English] Orders of the day will commence at noon. SUSPENSION OF SITTING

Ms. Marlene Catterall: Mr. Speaker, I think you might find the consent of
the House to suspend the sitting until 12 noon. The Acting Speaker (Mr.
McClelland): Is that agreed?

Some hon. members: Agreed. (The sitting of the House was suspended at
11.46 a.m.)

1200

[Translation]

SITTING RESUMED

(Division--Vote No 454)

YEAS-POUR

Members--D‚put‚s

-- Ablonczy -- Adams -- Alarie -- Alcock -- Anders -- Anderson -- Assad --
Asselin -- Augustine -- Axworthy -- (Winnipeg South Centre) -- Bachand --
(Richmond -- Arthabaska) -- Bachand -- (Saint-Jean) -- Baker -- Barnes --
Beaumier -- B‚lair -- B‚langer -- Bellehumeur -- Bellemare -- Bennett --
Benoit -- Bergeron -- Bernier -- (Bonaventure -- Gasp‚ --
Iles-de-la-Madeleine -- Pabok) -- Bertrand -- Bevilacqua -- Bigras --
Blaikie -- Blondin-Andrew -- Bonin -- Boudria -- Bradshaw -- Brien --
Brison -- Brown -- Bryden -- Bulte -- Byrne -- Caccia -- Cadman -- Calder
-- Cannis -- Caplan -- Cardin -- Carroll -- Casey -- Casson -- Cauchon --
Chamberlain -- Chan -- Charbonneau -- Chr‚tien -- (Frontenac -- M‚gantic)
-- Clouthier -- Coderre -- Collenette -- Comuzzi -- Crˆte -- Cullen --
Dalphond-Guiral -- Davies -- Debien -- Desjarlais -- Desrochers -- Dhaliwal
-- Dion -- Discepola -- Dockrill -- Dromisky -- Drouin -- Dub‚ --
(L‚vis-et-Chutes-de-la-ChaudiŠre) -- Dub‚ -- (Madawaska -- Restigouche) --
Duhamel -- Dumas -- Duncan -- Earle -- Easter -- Eggleton -- Epp --
Finestone -- Finlay -- Folco -- Fontana -- Fournier -- Fry -- Gagliano --
Gagnon -- Gauthier -- Gilmour -- Girard-Bujold -- Godfrey -- Godin --
(Acadie -- Bathurst) -- Godin -- (Chƒteauguay) -- Grewal -- Guarnieri --
Guay -- Guimond -- Harb -- Harvard -- Harvey -- Ianno -- Jackson -- Jaffer
-- Jennings -- Johnston -- Jones -- Jordan -- Karetak-Lindell -- Kerpan --
Keyes -- Kilger -- (Stormont -- Dundas -- Charlottenburgh) -- Kilgour --
(Edmonton Southeast) -- Konrad -- Kraft Sloan -- Laliberte -- Lalonde --
Lastewka -- Lavigne -- Lee -- Lefebvre -- Leung -- Lill -- Limoges --
(Windsor -- St. Clair) -- Lincoln -- Longfield -- Loubier -- Lowther --
Lunn -- MacAulay -- MacKay -- (Pictou -- Antigonish -- Guysborough) --
Mahoney -- Malhi -- Maloney -- Manley -- Marchand -- Marchi -- Mark --
Martin -- (Esquimalt -- Juan de Fuca) -- Mass‚ -- Matthews -- McCormick --
McDonough -- McGuire -- McKay -- (Scarborough East) -- McTeague --
McWhinney -- M‚nard -- Mercier -- Meredith -- Mifflin -- Mills --
(Broadview -- Greenwood) -- Minna -- Mitchell -- Murray -- Myers -- Nault
-- Normand -- Nunziata -- Nystrom -- O'Brien -- (Labrador) -- O'Brien --
(London -- Fanshawe) -- Pagtakhan -- Paradis -- Parrish -- Patry --
Peterson -- Pettigrew -- Picard -- (Drummond) -- Pickard -- (Chatham --
Kent Essex) -- Plamondon -- Power -- Proctor -- Provenzano -- Ramsay --
Redman -- Reed -- Richardson -- Riis -- Robillard -- Robinson -- Rocheleau
-- Rock -- Saada -- Sauvageau -- Schmidt -- Scott -- (Fredericton) -- Scott
-- (Skeena) -- Shepherd -- Solberg -- St. Denis -- Stewart --
(Northumberland) -- St-Hilaire -- Stoffer -- Strahl -- Szabo -- Telegdi --
Thibeault -- Torsney -- Tremblay -- (Lac-Saint-Jean) -- Vanclief -- Vautour
-- Wappel -- Wasylycia-Leis -- Whelan -- Wood -- 203

NAYS-CONTRE

Members--D‚put‚s

-- Abbott -- Bailey -- Breitkreuz -- (Yellowhead) -- Chatters -- Cummins --
Goldring -- Grey -- (Edmonton North) -- Hanger -- Herron -- Hill -- (Prince
George -- Peace River) -- Hilstrom -- Hoeppner -- Hubbard -- Manning --
Mayfield -- McNally -- Morrison -- Muise -- Pankiw -- Penson -- Pillitteri
-- Ritz -- Serr‚ -- Steckle -- St-Julien -- Vellacott -- Wayne -- Wilfert
-- Williams -- 29

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

Honey-Trap Girl Pulled A Flanker (The Scotsman describes how journalist
Louise Oswald from News of the World interviewed Lawrence Dallaglio, the
famous English rugby captain, under false pretenses, getting him to boast
about cocaine highs, speed trips, the joys of ecstasy and drunken sex orgies
with a dozen Dutch prostitutes. The so-called "honey trap" is a fabled
technique for exposing an individual's illegal-drug use, perfected by tabloid
papers down the decades.)

Date: Tue, 25 May 1999 14:52:10 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: UK: Honey-Trap Girl Pulled A Flanker
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: shug@shuggie.demon.co.uk
Pubdate: 25 May 1999
Source: Scotsman (UK)
Copyright: The Scotsman Publications Ltd 1999
Contact: Letters_ts@scotsman.com
Website: http://www.scotsman.com/
Forum: http://www.scotsman.com/

HONEY-TRAP GIRL PULLED A FLANKER

Journalist Louise Oswald questioned Lawrence Dallaglio intimately over
drinks in a London hotel room. MATT WELLS

WHEN Lawrence Dallaglio was approached by an attractive "public
relations executive" proposing a lucrative sponsorship deal, it would
hardly have been an unusual occurrence.

After all, sports stars are often asked to lend their considerable
appeal to endorse a vast array of consumer goods.

But when the executive in question invited the England rugby captain
to a London hotel, plied him with drink and questioned him intimately
about his scoring, he should have realised that she was not interested
in his sporting prowess.

Yet as Louise Oswald's interrogation deepened, Dallaglio's replies
became ever more lurid. As the sportsman boasted about cocaine highs,
speed trips and the joys of ecstasy, Oswald could hardly have believed
the ease by which she had lured him. (The reporter even got an
unexpected bonus - Dallaglio's unexpected confession to drunken sex
orgies with a dozen Dutch prostitutes. They gave another two pages of
material for the News of the World's five-page spread at the weekend.)

The so-called "honey trap" is a fabled technique perfected by tabloid
papers down the decades. It is almost so common that it is a wonder
that so many high-profile figures fall for it. Yet it seems that men's
base weakness for buxom blondes should never be underestimated.

Dallaglio was not the first to have succumbed in such persuasive
circumstances. Dawn Alford, an investigative reporter with the Mirror,
used her charms to great effect on the teenage son of the Home
Secretary. William Straw offered to sell her cannabis, thinking that
she was just another London party girl.

Tom Parker Bowles, the godson of the Prince of Wales and son of his
friend Camilla Parker Bowles, recently confessed his cocaine use to
another pretty young NoW staffer, Nadia Cohen. She had spent days
wooing Parker Bowles at the Cannes Film Festival in southern France,
where he had been working as a film publicist.

Many other News of the World "stings" have ensnared high-profile
stars with their noses in the coke-filled trough. In October 1998, the
Blue Peter presenter Richard Bacon was forced to quit after being
exposed as a cocaine user. The Radio 2 disc jockey Johnny Walker
remains suspended after being filmed allegedly snorting cocaine.

The scene of the sting almost always involves a swanky hotel room.
There are good reasons for this - they make the "victim" feel pampered
and relaxed, while their privacy provides an ideal place to make
good-quality tape (and in the latest case, video) recordings.

Nevertheless the increasingly high profiles enjoyed by the
honey-trappers have prompted questions about their role. But the
editor of the News of the World, Phil Hall, was at pains to defend his
journalists' tactics yesterday.

His paper's investigation of Dallaglio had been "proper and bona
fide", conducted in the public interest and under Press Complaints
Commission rules.

He said that tapes and videos had been made, and promised to hand them
over to the Rugby Football Union.

The undercover reporters had obtained the England captain's
"confession" fairly, he said, adding: "It was a complete and
unheralded confession. Every quote in there was on tape. There were
four hours of tape and they are in context and I am sure that the
rugby union people will let you know that in time."

Phil Hall said that Oswald had been accompanied by a male colleague,
Phil Taylor. "The two of them were in the room most of the time. Mr
Taylor had to go to the toilet every now and then, as did Miss Oswald.
They were sitting in the room for four hours with him. The worst of
the confessions were in fact made to Mr Taylor rather than to Mr Oswald."

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

Dallaglio Gives Up England Captaincy (The Scotsman says Lawrence Dallaglio
resigned as captain of the English rugby team last night, after allegations
that he had taken drugs during a British Lions tour and had indulged in sex
with groups of prostitutes. But the Wasps flanker strongly denied having ever
dealt in or taken illegal substances. He admitted only to a "naive error in
judgment" and claimed he had fallen victim to an "elaborate set-up" by the
News of the World.)

Date: Tue, 25 May 1999 16:23:06 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: UK: Dallaglio Gives Up England Captaincy
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Shug http://www.ukcia.org'
Pubdate: Tue, 25 May 1999
Source: Scotsman (UK)
Copyright: The Scotsman Publications Ltd 1999
Contact: Letters_ts@scotsman.com
Website: http://www.scotsman.com/
Forum: http://www.scotsman.com/
Author: Matt Wells

DALLAGLIO GIVES UP ENGLAND CAPTAINCY

Disgraced Rugby Player Apologises For Embarrassment But Denies Newspaper's
Drug Allegations

LAWRENCE Dallaglio resigned as captain of the English rugby team last
night, after allegations that he had taken drugs during a British Lions
tour and had indulged in sex with groups of prostitutes.

But the Wasps flanker strongly denied having ever dealt in or taken illegal
substances. He admitted only to a "naive error in judgment" and claimed he
had fallen victim to an "elaborate set-up" by the News of the World.

The Rugby Football Union, which governs the game in England, announced last
night that it was investigating the paper's claims and said that Dallaglio
would face severe consequences if found guilty.

However, in an indication that the RFU stands behind the highly respected
player, Clive Woodward, the England coach, said he believed Dallaglio's
denial of the allegations. "I believe he is innocent," he said at the RFU's
headquarters in Twickenham, west London.

Dallaglio, 26, was interviewed for three hours yesterday by a panel of five
senior RFU officials, including Brian Baister, the chairman of the union's
management board, and Francis Baron, the chief executive.

At the meeting, it was made clear to him that he could not continue as the
England captain for the forthcoming tour of Australia and this autumn's
Rugby World Cup. He has been replaced by the Leicester Tigers' lock, Martin
Johnson.

Dallaglio denied that he had used drugs at any time during his rugby
career. He also insisted that, contrary to the newspaper reports, he did
not know of any other member of the British Lions' team who had used drugs
during the 1997 tour of South Africa.

"The circumstances in which the supposed admissions were obtained amounted
to an elaborate set-up by the writers of the News of the World article (by
their own admission) to which I naively fell victim."

Dallaglio admitted that, in a meeting with two undercover reporters at a
London hotel, he had said some of the things that had been attributed to
him. However, he indicated that he had "played along" with the reporters'
line of questioning.

"An atmosphere was created in which they gave the impression that they were
well versed in matters pertaining the use of illegal drugs and that they
would be impressed if I were to play along with it, disappointed if I did
not."

The player said that many "qualifying remarks" which he claims to have made
during the meeting had not been printed. He had, for example, turned down
the opportunity to take drugs at the encounter.

"By pandering to the whims of these people, I appreciate that I made an
error in judgment which stems from naivety and foolishness on my part. In
hindsight, it appears that the entire basis of the meeting and most, if not
all, of what was supposed to have been said in it was complete fabrication
by all concerned."

Dallaglio repeated his view that the use of any illegal drugs in sport was
wrong. Apologising for the embarrassment that the episode had caused his
family and the game, he added that, of the many random drugs tests he had
undergone in his career, all had proved negative.

He is said to have been "devastated and shocked" by the allegations in the
paper. At yesterday's meeting with the RFU officials, however, he did not
indicate any intention to sue.

The player has provided the RFU with blood and urine samples. All other
players on the Australia tour will be tested for drugs. Rugby officials
repeated their strong opposition to the use of drugs in any sport.

The investigation into Dallaglio's conduct is expected to take some time.
The News of the World has provided rugby officials with four hours of video
and audio tape. It is expected that the panel which will lead the inquiry
will include a senior lawyer as well as officials from the sport, but the
RFU said that it was not in a position to name the inquiry team members.

Woodward, who is known to be close to the former England captain, said he
hoped that the allegations would be proved unfounded. He said of Dallaglio:
"He has my full support in his efforts to clear his name."

Bill Beaumont, a former England captain and the chairman of the national
playing committee, said he was saddened by the allegations. "I am
disappointed that someone should lose the captaincy for something which
happened off the field rather than on the field. It is always disappointing
to read about the game on the front of the newspaper rather than on the
back of it."

The News of the World said that it stood by its story. The paper's editor,
Phil Hall, defended the technique of sending two reporters posing as
executives with the cosmetics firm Gillette, as part of the operation to
trap Dallaglio.

The player's admissions had been obtained fairly, he said. "It was a
complete and unheralded confession. Every quote in there was on tape. There
were four hours of tape and they are in context, and I am sure that the
Rugby Union people will let you know that in time."

The sports minister Tony Banks backed Dallaglio's decision to resign. Mr
Banks said: "These are serious allegations and the RFU is right to treat
them seriously.

"Lawrence Dallaglio has given great service to the sport of rugby union,
and his country, and his responsible decision to step down as England
captain in the current circumstances is to be applauded.

"I hope the current controversy can be resolved as soon as possible, to the
benefit of Lawrence, rugby union,and sport in this country in general."

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Half Rugby Union Players Admit To Illegal Drug Use (According to the
Independent, in Britain, rugby star Lawrence Dallaglio's alleged drug use, if
proved, would be more an indicator that he was "in step with his generation"
than a sign that his recreational habits were particularly abnormal, says an
expert in substance abuse, Dr Philip Robson, a consultant psychiatrist in
substance abuse at the Chiltern Clinic in Oxford. A survey last December by
the Independent into drug use in British sport showed nearly half of the
rugby union players who responded admitted using an illegal substance for
recreation purposes, including 12 per cent who had tried ecstasy and 4 per
cent who had tried cocaine. The most popular drug was cannabis, with 43 per
cent of the rugby union respondents admitting to having tried it at some
time.)

Date: Thu, 27 May 1999 20:56:54 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: UK: Half Rugby Union Players Admit To Illegal Drug Use
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: 25 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: Nick Harris

HALF RUGBY UNION PLAYERS ADMIT TO ILLEGAL DRUG USE

Lawrence Dallaglio's alleged drug use, if proved, would be more an
indicator that he was "in step with his generation" than a sign that his
recreational habits were particularly abnormal, according to an expert in
substance abuse.

"If drug use is not the norm, then it is far from unknown," Dr Philip
Robson, a consultant psychiatrist in substance abuse at the Chiltern Clinic
in Oxford, said yesterday.

Dr Robson, who works closely with Oxford University and wrote Forbidden
Drugs, a book which "seeks to demystify the subject of drugs", added that
people should not assume that people who use recreational drugs are all
addicts who will irreversibly damage their health. "Long-term studies show
that occasional and modest use [of drugs such as cannabis and cocaine]
shows that the impact to physical health is very little," Dr Robson said.
"There is no reason why that should be different just because someone is a
well-known sportsman."

Dallaglio was quoted in the News of the World on Sunday saying he had used
cocaine, cannabis and ecstasy. Dr Robson said that problems of drug use can
become severe when addictions develop and impure substances are taken, and
that the issue of drug abuse was extremely serious. But he added that to
tackle the problem most effectively, it is important to keep the risks in
perspective.

"The way we change our views on the subject over time is remarkable," he
said, and added that it would not be especially unusual for a 26-year-old
man to use drugs.

Dallaglio would be far from alone among top-level English rugby players if
he is proved to have used recreational drugs. In an Independent survey into
drug use in British sport last December, nearly half of the rugby union
players who responded admitted to having used an illegal substance for
recreation purposes, including 12 per cent who had tried ecstasy and 4 per
cent who had tried cocaine. The most popular drug was cannabis, with 43 per
cent of the rugby union respondents admitting to having tried it at some time.

Among rugby league players who responded to the survey, 54 per cent
admitted trying cannabis and 15 per cent ecstasy. Among football players,
22 per cent admitted having taken cannabis, 9 per cent ecstasy and 7 per
cent cocaine. The survey was conducted anonymously and replies were
received from more than 300 top-level British sportsmen and women. "There
is too much concern over recreational drugs," wrote one footballer, who
echoed the views of many who replied.

Recreational drug use in society as a whole is not vastly different to the
drug use uncovered in the survey. A Health Education Authority national
drugs survey in 1996 showed that 36 per cent of British people aged between
11 and 36 had used cannabis. In the same age group, 16 per cent had
used amphetamines, 9 per cent LSD, 9 per cent magic mushrooms, 7 per cent
ecstasy and 4 per cent cocaine. A spokeswoman for the HEA said that its
main priority was to educate about the effects and dangers of drugs. "Our
bottom line is that the safest option is not to use drugs," she said, but
added that many people will do so anyway. "We need to make sure that they
are armed with all the information available."

Release, the national drugs and legal charity, took a similar stance. "Lots
of people experiment with drugs at some point, and most of them stop at
some point," Ian Robinson, a spokesman said. "We're not going to stop
people taking drugs. What we can do is minimise the harm that drugs do." Mr
Robinson said that if he were asked to assess such a case, he would take a
practical, rather than a moral view of a player.

"Is he a good rugby player? Is he a good captain? Does this affect his
ability to do his job? These are the type of questions we would address,"
Mr Robinson said. The big dangers of being associated with drug use are the
legal effects and the effect on employment prospects, he added. Lawrence
Dallaglio now knows that all too well.

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Drug Addiction Russia's Main Enemy Say Specialists (According to Itar-Tass,
American-style private enterprise is alive and well in Russia. Just as in the
United States, a group of professional "drug specialists" gathered to issue a
statement that "Drug addiction is the main enemy of Russia" and to seek
funding for themselves and their counterproductive programs.)

Date: Tue, 25 May 1999 20:28:00 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Russia: Wire: Drug Addiction Russia's Main Enemy Say
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: EWCHIEF
Pubdate: Tue, 25 May 1999
Source: ITAR-TASS (Russia)
Copyright: 1999 ITAR-TASS.

DRUG ADDICTION RUSSIA'S MAIN ENEMY SAY SPECIALISTS.

BELOKURIKHA, Altai Territory, May 25 (Itar-Tass) - Participants in the All-
Russian Conference of chief drug specialists of the Russian Federation's
public health organizations drew the following conclusion: "Drug addiction
is the main enemy of Russia". The conference started its deliberations on
Tuesday in the Altai resort city of Belokurikha, situated in southwestern
Siberia.

The chairman of the State Duma Public Health Committee, Nikolai
Gerasimenko, who is also a corresponding member of the Russian Academy of
Medical Sciences, told Itar-Tass: "We gathered here due to the fact that
the expanding scale of drug addiction, toxic cases, and alcoholism in
Russia puts into jeopardy the future of rising generations and the destiny
of the country as a whole."

Drug barons, apart from ruining Russians, are responsible for the deaths of
thousands of people, he stressed. Statistics show that up to 80,000 young
people under 30 annually die due to this reason, although in real fact "the
harvest" of deaths from drugs is much higher.

Deputy head of the Altai Territory administration Yakov Shoikhet, Dr.Sci.
(Medicine), noted that the most worrisome situation with drug addiction has
developed in Siberia which is flooded with drugs, including hard ones, from
the Central Asian countries, coming through Kazakhstan.

The geographic position of Altai -- it has 850 kilometres of common border
with Kazakhstan -- and the presence of the diversified network of highways
and railways, enable drug dealers to supply narcotics to Siberia, and then
throughout Russia, virtually without any hindrance.

The situation in Siberia is aggravated by migration processes, caused by
the deteriorating political situation in Central Asia. Altai alone
registered 44,000 refugees and settlers, some of whom are also responsible
for drug supplies.

Unfavourable ecological and demographic factors brought the Altai Territory
to fourth place among the 89 Russian regions in the number of drug addicts
and second place in the number of drug and toxic cases among children and
teenagers.

According to Shoikhet, it was the unfavourable drug situation in Siberia
that determined Altai as the venue for the working conference of
all-Russian drug specialists.

Conference participants will share work experiences and exchange new
development studies in preventive activities, treatment, and rehabilitation
of drug and alcohol addicts. During the four days of its work, conference
participants intend to discuss pressing issues of organisation and the
prospects and directions of further development of the Russian drug and
alcohol prevention service. Discussion will also center on its cooperation
with other bodies and departments interested in control over alcoholism and
drug addiction, as well as in prevention of illegal trafficking of drugs.
There will also be discussions on proposals for changing and improving
legislation in this important field of work for the country.

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

Govt Sets Up Federal Extra-Budgetary Drug Control Fund (Itar-Tass, in Russia,
says the extra-budgetary fund was approved by the cabinet to fight illegal
drug trafficking, psychotropic substance abuse, and to consolidate the
material and technical facilities of law enforcers and others waging the drug
war.)

Date: Tue, 25 May 1999 20:27:57 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Russia: Wire: Govt Sets Up Federal Extra-Budgetary Drug
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: EWCHIEF
Pubdate: Tue, 25 May 1999
Source: ITAR-TASS (Russia)
Copyright: 1999 ITAR-TASS.

GOVT SETS UP FEDERAL EXTRA-BUDGETARY DRUG CONTROL FUND.

MOSCOW, May 25 (Itar-Tass) - The Russian government set up a federal
extra-budgetary fund to counter illegal drug trafficking and psychotropic
substance abuse. The cabinet approved the Fund Regulations, reported the
government information directorate on Monday evening. An appropriate
government decision was signed by Prime Minister Sergei Stepashin.

The federal extra-budgetary fund was set up to finance additional measures
to fight illegal trafficking of drugs, substances and their precursors as
well as to consolidate the material and technical facilities of law
enforcement and other bodies which carry out this activity.

The Fund Regulations determine the procedure of forming fund resources.
They are formed from voluntary contributions, charity donations of firms,
offices, organisations, nongovernment associations and individual citizens
as well as cash contributions from foreign legal persons and citizens. It
may include other receipts in compliance with Russian legislation.

The Regulations also spell out the procedure for using fund resources.
Money will be channeled, above all, for additional funding of
purpose-oriented programs and measures to combat illegal trafficking of
drugs, psychotropic substances and their precursors.

Fund resources will help to carry out measures to fight drug addiction.

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

[End]