------------------------------------------------------------------- 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 firstname.lastname@example.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: email@example.com Address: 1320 SW Broadway, Portland, OR 97201 Fax: 503-294-4193 Website: http://www.oregonlive.com/ Forum: http://forums.oregonlive.com/ Author: Erin Hoover Barnett, the Oregonian 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 firstname.lastname@example.org.
------------------------------------------------------------------- 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: email@example.com, R1obert@aol.com From: firstname.lastname@example.org (Dale Gieringer) Subject: DPFCA: Brady Case Dropped Sender: email@example.com 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 // firstname.lastname@example.org 2215-R Market St. #278, San Francisco CA 94114 *** Date: Tue, 25 May 1999 16:50:19 EDT Sender: email@example.com From: Tim Perkins (firstname.lastname@example.org) Subject: State Drops All Charges Against Pete Brady Date: Tue, 25 May 1999 05:44:44 -0700 From: Steve Kubby (email@example.com) 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" (firstname.lastname@example.org) To: (email@example.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 firstname.lastname@example.org 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 (email@example.com) From: "CRRH mailing list" (firstname.lastname@example.org) To: Todd McCormick (email@example.com) CC: CRRH mailing list (firstname.lastname@example.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 (email@example.com) To: "DRCTalk Reformers' Forum" (firstname.lastname@example.org) Subject: B.E. Smith and Jury Nullification Sender: email@example.com 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: firstname.lastname@example.org To: email@example.com 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: firstname.lastname@example.org 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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US WI: Focus: Marcus Gumz, Weedstock Warrior Sender: email@example.com Reply-To: firstname.lastname@example.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: email@example.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."
------------------------------------------------------------------- Marijuana As Medicine (A letter to the editor of the Philadelphia Inquirer from medical-marijuana user Ed Forcion, who was arrested for lighting up during a protest, says patients feel vindicated by the March 17 Institute of Medicine report that supports the use of marijuana as a medicine. "Vindication isn't what is right, though. What is right is dismissal of all charges against citizens who can prove they use marijuana for medical needs.") Date: Tue, 25 May 1999 11:52:16 -0700 From: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US PA: MMJ: PUB LTE: Marijuana As Medicine Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Frank S. World Pubdate: Tue, 25 May 1999 Source: Philadelphia Inquirer (PA) Section: South Jersey Copyright: 1999 Philadelphia Newspapers Inc. Contact: Inquirer.Opinion@phillynews.com Website: http://www.phillynews.com/ Forum: http://interactive.phillynews.com/talk-show/ Author: Ed Forchion MARIJUANA AS MEDICINE I was in a serious car accident on Jan. 5, 1997. I have chronic pain in my back and other complications. I have chosen to use marijuana as a natural but illegal substance for my medical needs. I, like millions of others, consider marijuana a much safer medicine than many that have been prescribed to me in the past. Last year, I was protesting Rep. Robert E. Andrews' planned vote against the "Medical Marijuana Bill" before Congress. I demonstrated my use of marijuana as a medicine twice, once at Andrews' office in Haddon Heights and again at the Democratic Party headquarters in Cherry Hill. I was arrested. Citizens such as myself who have decided to use whatever medicine works for us, regardless of its legal status, feel vindicated by a new federal report that supports the use of marijuana as a medicine. Vindication isn't what is right, though. What is right is dismissal of all charges against citizens who can prove they use marijuana for medical needs. Or make marijuana legal. Ed Forchion, Browns Mills *** [Forchion maintains an interesting web site at:] http://www.jersey.net/~njdevil
------------------------------------------------------------------- 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: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US NC: Concord Family Sues Over Search By Police Sender: firstname.lastname@example.org Reply-To: email@example.com 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: firstname.lastname@example.org 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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US FL: If Big Brother Has A Name, It's Bill McCollum Sender: email@example.com Reply-To: firstname.lastname@example.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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: US: D.E.A. Chief Announces His Resignation Sender: email@example.com Reply-To: firstname.lastname@example.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: email@example.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: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US: DEA Director Retiring After 5 Years at Post Sender: firstname.lastname@example.org Reply-To: email@example.com 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: firstname.lastname@example.org From: "G. A ROBISON" (GALAN@prodigy.net), by way of "D. Paul Stanford" (email@example.com) From: "CRRH mailing list" (firstname.lastname@example.org) Subject: Confirming Constantine's resignation -----Original Message----- From: ANTIX (email@example.com) 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: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: US: Court Bans Media From Police Raids In Homes Sender: firstname.lastname@example.org Reply-To: email@example.com 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: firstname.lastname@example.org 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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: Canada: Cop Show's Goof Frees Pot Dealer, Stings Landlady Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: email@example.com Pubdate: Tue, 25 May 1999 Source: Vancouver Province (Canada) Copyright: The Province, Vancouver 1999 Contact: firstname.lastname@example.org 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: email@example.com (Matt Elrod) To: firstname.lastname@example.org Cc: email@example.com Subject: Canada: Pot crusader starts club in Calgary Date: Tue, 25 May 1999 07:26:43 -0700 Lines: 43 Newshawk: firstname.lastname@example.org Source: Calgary Herald (Canada) Contact: email@example.com 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" (firstname.lastname@example.org) To: mattalk (email@example.com) FYI - This appeared in the newsprint edition Pg.A2 as a continuation of the story "Pot crusader starts club in Calgary" *** Newshawk:firstname.lastname@example.org Source: Calgary Herald (Canada) Contact: email@example.com 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: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: Canada: Medical Marijuana debate in House of Commons Sender: firstname.lastname@example.org Reply-To: email@example.com 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: firstname.lastname@example.org (MAPNews) To: email@example.com Subject: MN: UK: Honey-Trap Girl Pulled A Flanker Sender: firstname.lastname@example.org Reply-To: email@example.com Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: firstname.lastname@example.org 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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: UK: Dallaglio Gives Up England Captaincy Sender: email@example.com Reply-To: firstname.lastname@example.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."
------------------------------------------------------------------- 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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: UK: Half Rugby Union Players Admit To Illegal Drug Use Sender: email@example.com Reply-To: firstname.lastname@example.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Martin Cooke (email@example.com) Pubdate: 25 May 1999 Source: Independent, The (UK) Copyright: 1999 Independent Newspapers (UK) Ltd. Contact: firstname.lastname@example.org 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.
------------------------------------------------------------------- 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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: Russia: Wire: Drug Addiction Russia's Main Enemy Say Sender: email@example.com Reply-To: firstname.lastname@example.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: email@example.com (MAPNews) To: firstname.lastname@example.org Subject: MN: Russia: Wire: Govt Sets Up Federal Extra-Budgetary Drug Sender: email@example.com Reply-To: firstname.lastname@example.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. -------------------------------------------------------------------
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