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Maine Medical Marijuana At Issue (Complete Version Of Letter To Editor
Of 'Morning Sentinel' By Don Christen Of Maine Vocals,
About Competing Medical Marijuana Ballot Initiatives)
Date: Sat, 24 Jan 1998 08:00:35 EST
Originator: medmj@drcnet.org
Sender: medmj@drcnet.org
From: Donald Christen
To: Multiple recipients of list
Subject: Maine Medical Marijuana at issue
Organization: Maine Vocals
Hello All,
This letter was run Jan. 23 in The Morning Sentinel, Waterville, Maine.
Just the beginning.
Don C.
MV/MCMM
This letter is in response to a letter by Stephany Hart, from
Mainers for Medical Rights, and an in house editorial which was written
by the Sentinel staff, (unsigned) partially entitled "Legislature Works
Best". We think it is correct that the voters are being confused, and they
should read what they are signing and voting for, but they are wrong
insinuating that the "legislature works best", and should read in this
issue and some others is, legislature fails to do their job, people
want polls to decide. Obviously this shows the need for the initiative
process here in Maine, and is needed in every other state also to
counter this type of inaction by "our representation" at state level.
It is fortunate for Veterinary Dr. Michael Lindey, who supports
the AMR/MMR initiative, listened to either his peers or advocates and
disregarded the law to self medicate himself. He did this in spite of
the fact he could have his license to practice medicine revoked,
possible civil sanctions and fine, and the racist label of being a
"Druggie" or "Pot Head" .
The Dr. and MMR coordinator don't seem to realize who has brought
this issue to the public in the first place. Maine Citizens for Medical
Marijuana, Maine Vocals, Maine BACH, and Maine Cannabis Alliance all
have been involved with the medical marijuana issue in our state for
years. (MCMM 1 yr.) We have educated many " ignorant" legislators and
citizens to the truth and facts, just as the Dr. may have found out
indirectly through us or another who has the same knowledge. Either way,
if many activists, nation wide had not been pushing the issue AMR
would not be here today.
Now you would have us go sit at the back of the bus? Oh Really
Best spokesman for the issue, maybe not, but who wants the job? In
the last decade , not many have stepped forward. I have gotten a label,
not because I have been busted, but because I have been outspoken and
aggressive activist for ending Cannabis prohibition, as well as for
medical marijuana, and I stand by my principals that prohibition is
wrong. Depriving sick or injured citizens medical marijuana is not only
wrong, it is a "real" crime, but the government still doesn't even want
to admit marijuana is a medicine. Remember Dr. that is why we are
petitioning, because we no longer are willing to accept their rhetoric.
We The People are writing this law, and we are not writing it for the
legislators approval, the governor approval, the judicials approval or
the cops approval. ( their already frothing at the bit to appose any
marijuana legislation ) We want the politics and cops removed from the
Drs. offices and our medicine cabinets, they are not qualified to
diagnose, or recommend therapy, are they?
The AMR proposal is an unworkable plan, and will endanger patients
either by putting them at risk of being constantly oversupplied, (a
crime and jailible offense) or under supplied because they are
constantly worried about breaking the law and going to jail. Experts
have been quoted " The AMR plan is botanically impossible", and anyone
who knows anything about marijuana cultivation is in agreement. Also
they limit the patients to 15 to 20% of those who can benefit
from medical marijuana. and the most obvious thing is there is NO
DISTRIBUTION PLAN, which the Dr. mentions in his statements as being
needed. The initiative defeats itself before it even gets to the polls,
but only if people know what they are signing or voting for. They plan
to sneak this initiative though without informing the public of all
these facts. Just compare the two initiatives and you will see.
The Maine Citizens for Medical Marijuana initiative, to avoid any more
confusion, will be called prop. 1014. (This was the birthday of departed
activist and glaucoma patient Carol Hurley.)
The MCMM proposal is not open ended as some would lead you to believe.
First, their is no need for limits, the patients should be able to have
what they need... Current law provides the protections against sales
and furnishing, which apply to all non-medical transactions. Patient can
have a bale of marijuana and as long as they use it for themselves,
what's the big deal?
Second, This proposal is for all medically needy, not just a select
few. If we can't pass legislation to benefit more than 15 to 20% of the
population, something is wrong, we can and must do far better.
Third, We have the mechanism for a distribution plan which will be the
first of its kind in the nation, actually providing medical marijuana
for the patients of Maine, in direct opposition to the federal laws.
This is an essential part of any medical marijuana initiative, and one
only needs to check out this now existing problem in California. No
distribution plan for prop. 215 threatens to close down all the buyers
clubs, leaving thousands of patients without anywhere to turn to get
their medicine. We cannot allow this to happen in Maine.
Maine Citizens for Medical Marijuana are all local Maine patients
and residents, who are all volunteers, and care about what they are
doing.
In contrast, Mainers for Medical Rights are a puppet org. for
Americans for Medical Rights, an out of state PR firm. All people are
on the payroll and they are paying by the sheet for their signatures.
These people are bought and paid for, and would not be here doing what
they are unless they are getting paid. Big money is trying to sell an
unsuspecting public down the river, and will unless the public is
informed. Never thought I'd be an informer, but we will be very
VOCAL about AMR''s deceitful plan in Maine. (AMR is also doing the same
thing in Alaska, Washington DC, Colorado, and any/all other states that have
an initiative process. All these states advocates, org. and groups are
also opposed to AMR's initiative language for their states and will also
actively oppose them.)
We would be willing to debate the issue anytime, anyplace to inform
the public of the facts about these competing initiatives. Why doesn't
the Bangor Daily, in the interest of public knowledge and information,
set up a debate or two with the MMR people and MCMM.
Let's let a well informed public decide instead of this chicanery...
Sincerely Vocal,
Don Christen
MV/MCMM
Tel 207-696-8167
E-Mail mevocals@somtel.com
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Ex-Agent's Past Catches Public Agencies Off Guard ('San Diego Union Tribune'
Examines Latest Entrepreneur Set To Get Rich Off Drug-Testing - Former DEA
Agent Rene De La Cova, The Man Who Slapped Handcuffs On Manuel Noriega
In Panama - And Then Served Time For Stealing $760,000)
Date: Fri, 23 Jan 1998 23:35:14 -0800
Subject: MN: US CA: Ex-Agent's Past Catches Public Agencies Off Guard
Sender: owner-mapnews@mapinc.org
Newshawk: Tom Murlowski
Source: San Diego Union-Tribune
Pubdate: Fri, 23 Jan 1998
Contact: letters@uniontrib.com
Website: http://www.uniontrib.com/
Author: Joe Cantlupe, Staff Writer
EX-AGENT'S PAST CATCHES PUBLIC AGENCIES OFF GUARD
As a U.S. Drug Enforcement Administration agent, Rene De La Cova was a hero
who slapped handcuffs on Manuel Noriega, helping turn the Panamanian
strongman into a convict.
A few years later, De La Cova himself became a criminal, serving prison
time for stealing $760,000 in laundered drug money while a DEA agent in the
Miami area.
Now he has surfaced in San Diego County -- in the drug-testing business.
De La Cova is a representative of Drug Testing Network, which collects
specimens for alcohol and drug tests on behalf of dozens of clients,
including San Diego Transit and the cities of Carlsbad and Oceanside.
The Vista-based company, owned by De La Cova's wife, Theresa, touts an
inexpensive mobile service that sends samples to independent laboratories
for testing.
Theresa De la Cova also is a former DEA agent. She was forced to resign in
1994 when her husband pleaded guilty to stealing the funds while working on
an undercover drug sting, according to court records in Miami.
Rene De La Cova, a supervisor of the DEA's Fort Lauderdale, Fla., office at
the time of his arrest, remains on probation after being sentenced to a
two-year federal prison term. The 48-year-old former agent has reimbursed
the government since the theft and served a partial term, records show. His
wife was not accused of wrongdoing.
Legally, there is nothing improper with De La Cova working in the
drug-testing field -- and, by all accounts, he's doing a good job. But The
San Diego Union-Tribune's inquiries about his record have stunned
representatives of local public agencies, raising questions about the
credibility and thoroughness of their reference checks of drug-testing
collection businesses.
It also points to the lack of regulations in this part of a
multibillion-dollar industry that generally is heavily scrutinized across
the nation.
"To tell you the truth, it shocks me," said Steve St. Pierre, manager of
human resources for San Diego Transit, which recently hired Drug Testing
Network, attracted by its comparatively low costs and mobile services.
The transit agency has budgeted about $20,000 annually for the services
under an arrangement St. Pierre said he would review. The cities of
Carlsbad and Oceanside spend less than $2,000 annually in contracts with
Drug Testing Network.
"Our program has never run smoother," St. Pierre said. "They are right on
the ball.
"When we were going through the process, I checked a number of references.
They had a list of clients. I called several of them to ask their
experience, and I got nothing but good remarks."
Arlene Berman, employee services manager for Oceanside, said she was
surprised by Rene De La Cova's past.
"They are very accommodating, and willing to go out of their way, very easy
to work with," Berman said of Drug Testing Network.
A federal court order filed in Miami states: "As directed by his probation
officer, De La Cova shall notify third parties of risks that may be
occasioned by defendant's criminal record."
Theresa De La Cova said she was assured by probation officials that
disclosure was not a requirement. Probation officials declined to comment
for this story.
St. Pierre and other officials in San Diego County said they were unaware
of the criminal conviction until informed by the Union-Tribune this week.
A consultant familiar with the drug-testing field expressed concern that
the felony conviction may have an impact on potential litigation.
"I don't mind that he is working, but he shouldn't be in the drug-testing
business; there are no checks and balances," the consultant said.
The federal Department of Transportation, which has initiated stringent
drug-testing procedures for "safety sensitive" employees, has no licensing
requirement for collection agencies, said Donald Carr, a safety specialist
for the agency.
Theresa De La Cova said her company has abided by the law.
"Would you bring up your past?" she asked.
"He made a mistake and paid for it going to hell and back," she said, her
voice breaking, in a recent telephone conversation. "It has nothing to do
with the business. We have a wonderful company.
"This is my business, my company. There are no regulations that prevent
him from being here."
As an employee, Rene De La Cova handles various duties for Drug Testing
Network, from marketing to watching over the collection process, to talking
at local schools about running a small business, said officials of some
agencies that have contracts with the company.
In 1989, while a station chief in Panama, Rene De La Cova made headlines
around the world when he placed the handcuffs on then-Panamian leader
Noriega, who was arrested on drug charges. Noriega was convicted in 1992
and is serving a 40-year prison term near Miami.
In 1993, Rene De La Cova's own fortunes reversed.
It started smoothly -- and legally. Posing as a money launderer, he
negotiated with drug traffickers, seizing $3 million for the federal
government. The DEA thought the case was wrapped up.
But then came another call.
According to court records:
(Picture) The drug trafficker told De La Cova that there was an additional
$760,000 to be picked up. De La Cova did not tell his superiors about the
extra cash.
(Picture) De La Cova picked up the money in Houston, stuffed the cash in
his luggage and flew back to Miami.
(Picture) Over the next few weeks, the money was placed in safety deposit
boxes or in bank and stock brokerage accounts around the country. De La
Cova arranged trips, and the money was used to buy airline tickets, meals
and jewelry.
Within 45 days, De La Cova pleaded guilty. Eventually he reimbursed the
government.
"I have no excuses for what I did," De La Cova told a judge. "I've had
pretty much an impeccable career. "
While her husband was in prison, Theresa De La Cova struggled to begin a
new business and moved full-time to San Diego's North County. She founded
a private investigation business, Kristy Investigative Services, of which
Drug Testing Network was a part.
Besides the drug-collection work, Drug Testing Network offers
drug-education programs.
"Join the growing number of businesses that are saying NO to drugs in the
workplace," says its brochure that helped win a contract with the city of
Carlsbad.
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The Week Online With DRCNet, Issue Number 26 (News Summary For Activists,
From The Drug Reform Coordination Network - Original Reports Include
'New York City Mayor Giuliani Is Caught Suppressing Report Of His Own
AIDS Commission On Needle Exchange'; 'New Hampshire Man Kept Behind Bars
For Refusing To Acknowledge God In His Recovery'; And An Editorial
By Adam J. Smith, 'From Dr. King's Dream To Drug War Nightmare')
Date: Fri, 23 Jan 1998 16:54:39 EST
Sender: drc-natl@drcnet.org
From: DRCNet manager@drcnet.org
To: Multiple recipients of list drc-natl@drcnet.org
Subject: The Week Online with DRCNet, Issue #26
***
Drug Reform Coordination Network (DRCNet)
Rapid Response Team
Please copy and distribute.
***
THE WEEK ONLINE with DRCNet
January 23, 1997 - ISSUE #26
This bulletin can also be browsed on our web site at
http://www.drcnet.org/rapid/1998/1-23.html.
(To sign off the list, mailto:listproc@drcnet.org with the
line "signoff drc-natl" in the body of the message. To
subscribe, visit http://www.drcnet.org/signup.html on the
web.)
Notes: Two boxes of Marijuana Myths, Marijuana Facts, are on
their way to DRCNet, and will be going out to those of you
who ordered them later this month or early next month.
We've extended this special offer -- donate $30 or more to
DRCNet, and get a free copy of this exciting book. For your
free copy, or just to make a donation, visit our secure
credit card form at http://www.drcnet.org/drcreg.html, or
send your check to DRCNet, 2000 P St., NW, Suite 615,
Washington, DC 20036.
Yesterday we distributed a short member survey to our
subscribers in the state of Virginia, in preparation for an
action alert going out sometime this weekend. If you didn't
receive, that means we don't have your state. Please
contact us so we can put you "in the loop" for state action.
***
TABLE OF CONTENTS
***
1. NEW YORK CITY MAYOR GIULIANI IS CAUGHT SUPPRESSING
REPORT OF HIS OWN AIDS COMMISSION ON NEEDLE EXCHANGE...
http://www.drcnet.org/rapid/1998/1-23.html#giuliani
2. ...BUT GETS $120 MILLION FROM CLINTON FOR MORE COPS FOR
HIS NEW ZERO TOLERANCE DRUG WAR
http://www.drcnet.org/rapid/1998/1-23.html#morecops
3. JUSTICE DEPARTMENT REPORT, 100,000 MORE AMERICANS
BEHIND BARS
http://www.drcnet.org/rapid/1998/1-23.html#dojreport
4. TWO SOUTHERN CALIFORNIA MEDICAL MARIJUANA CLUBS TARGETED
BY LAW ENFORCEMENT
http://www.drcnet.org/rapid/1998/1-23.html#socal
5. 17 YEAR-OLD FIRST TIME OFFENDER FACES 10 YEARS FOR ROLE
IN $20 MARIJUANA SALE: Excerpt from the NORML Weekly
News Bulletin.
http://www.drcnet.org/rapid/1998/1-23.html#17yearold
6. HHS TO CONDUCT BINDING REVIEW OF MARIJUANA'S PROHIBITIVE
STATUS: Excerpt from the NORML Weekly News Bulletin.
http://www.drcnet.org/rapid/1998/1-23.html#hhsreview
7. LEGAL MARIJUANA SMOKERS TESTIFY AT INSTITUTE OF
MEDICINE'S PUBLIC HEARING ON MEDICINAL MARIJUANA: Press
release from the Marijuana Policy Project.
http://www.drcnet.org/rapid/1998/1-23.html#neworleans
8. FORUMS: Boston 1/29, Minneapolis 2/5, San Francisco, 2/5
http://www.drcnet.org/rapid/1998/1-23.html#forums
9. NEW HAMPSHIRE MAN KEPT BEHIND BARS FOR REFUSING TO
ACKNOWLEDGE GOD IN HIS RECOVERY
http://www.drcnet.org/rapid/1998/1-23.html#sinnerrepent
10. PENN STATE PROFESSOR PROTESTS POT LAWS WITH ONE-MAN
SMOKE-IN
http://www.drcnet.org/rapid/1998/1-23.html#pennstate
11. MIAMI SCHOOL DRUG TEST PLAN ALTERED
http://www.drcnet.org/rapid/1998/1-23.html#dadecounty
12. EDITORIAL: From Dr. King's Dream to Drug War Nightmare
http://www.drcnet.org/rapid/1998/1-23.html#editorial
***
1. NEW YORK MAYOR GIULIANI SUPRESSED REPORT CALLING FOR
INCREASED NEEDLE EXCHANGE IN CITY
According to a story in the January 26 New York Observer (on
newsstands 1/22) the administration of New York City Mayor
Rudolph Giuliani has withheld a report, prepared by his own
Office of AIDS Policy Coordination last June, calling for
the city to invest in needle exchange. The 37 page report,
obtained by The Observer, finds that a $2 million investment
by the city in needle exchange programs would likely prevent
at least 2,000 cases of HIV, and would ultimately save the
city in excess of $54 million in Medicaid expenditures.
The Observer reports that the report was written under the
auspices of the H.I.V. Health and Human Services Planning
Council of New York City, a federally mandated 45 member
body which is charged with determining spending priorities
for anti-AIDS funding that the city receives under the Ryan
White Act. It was apparently never shown to the Council,
however, as one member told The Observer that she "had never
heard about it." Apparently, only high-level aides of the
Mayor had ever seen the document prior to this.
It is not surprising that the report was covered up, as
Giuliani was engaged in a mayoral campaign during and after
which he has touted his plan for a "zero-tolerance" drug
war, which will include approximately 1,600 new police
officers paid for with federal money. In a story in the New
York Daily News (1/22), Giuliani denied having read the
report, or having suppressed it. About needle exchange, the
Mayor said, "It's something I'm skeptical about, but it
doesn't mean I'm not willing to look at the argument on the
other side. But I don't think it's a good idea to give
people needles in order to inject heroin into their arms."
Keith Cylar is the Co-Executive Director of Housing Works, a
full service harm-reduction agency working specifically with
an HIV positive population. He spoke with The week Online
concerning the report and its suppression.
"The nicest thing that I can say is that this is just
another indication of the fact that Rudolph Giuliani has
blood on his hands. He is a murderer, not only for the
suppression of the information contained in this report, and
for his refusal to support syringe exchange in the face of
all of the evidence which supports it, but for his
continuous attacks of the budget for vital services for
those suffering from this disease. It goes without saying
that most of these people are substance users or are gay or
lesbian. Where is the quality of life under this
administration for these people? Clearly their lives are
not the mayor's concern."
***
2. NEW YORK CITY GETS FEDERAL MONEY FOR GIULIANI'S DRUG WAR
On January 15, President Clinton announced that the Justice
Department would be giving $120 million to the city of New
York to pay for the 1,600 additional cops that Mayor
Giuliani promised in his inaugural address. The money
represents more than the total of $118 million in Justice
department money which will be divided up among 620 other
law enforcement agencies around the country.
Giuliani said the money, and the additional police, would be
used to target illegal drug use and sales. New York City's
crime rate has dropped precipitously in recent years, but,
according to the mayor, the drug trade "is probably the
thing that's holding us back the most right now."
***
3. NUMBER OF INCARCERATED AMERICANS UP ANOTHER 100,000
IN 1997
As of June 30, 1997, there were more than 1,700,000
Americans behind bars, up from 1,600,000 one year earlier,
according to figures released by the Justice Department on
Sunday. That total means that as of the middle of last
year, one of every 155 Americans were incarcerated either in
federal or state prisons, or in local jails. At the dawn of
the War on Drugs, in 1972, there were 200,000 Americans
incarcerated.
The increase of 6% was only slightly below the average
increase of 6.5% during the years 1990-1997. The largest
increase was in local jails, at 9.4% while state and federal
prison populations grew by about 4.7%.
Jerome Miller, author of Search and Destroy: African
Americans and the Criminal Justice System, a fellow at the
National Center on Institutions and Alternatives, spoke with
The Week Online about these figures.
"That number, one in every 155 Americans incarcerated is
shocking in its own right. But if they wanted to let the
public in on a real tragedy, they could have easily included
the fact that the number for African American males is one
in ten incarcerated. Almost 600,000 in prisons alone. And
it's very clear that the drug war is the driving force
behind these numbers."
"According to the FBI statistics, only 23% of new admissions
to jails are for violent offenses, and even that is inflated
to a large degree both by how we define a violent offense,
and by the fact that prosecutors are encouraged by the
system to overcharge. Somewhere between 70 and 80% of those
involved no actual physical contact, but only a threat or
perceived threat. Of course, much of the real violence, and
that certainly does exist, is itself driven by the black
market in drugs and the effects of prohibition."
***
4. TWO SOUTHERN CALIFORNIA MEDICAL MARIJUANA CLUBS TARGETED
BY LAW ENFORCEMENT
Marvin Chavez, founder of the Orange County Cannabis Co-op,
was arrested in his home last Thursday night and has been
charged with eight felony counts of conspiracy and marijuana
sales. Chavez, who has operated the co-op out of his home
since the passage of proposition 215 in November of 1996,
was released Friday on his own recognizance. In order to
comply with a recent court decision which declared sales of
medicinal marijuana, the co-op has been accepting donations
from patients rather than charging for their services.
In Thousand Oaks, California, Mayor Mike Markey and City
councilman Andy Fox sent a letter requesting that federal
prosecutors investigate the Ventura County Medical Cannabis
Center. "Since our society has spent considerable time and
effort to teach children to 'Just Say No' to these drugs, we
fear the impact that these unregulated facilities will have
on our local children" the letter said.
Advocates note that the only reason "unregulated" medical
marijuana outlets exist in the first place is that despite
the passage of the initiative, there has been no regulated
distribution scheme put into place by state or local
officials in California. The recent federal court decision,
which has led to a civil lawsuit against six currently
operating outlets, makes it illegal for patients to procure
marijuana by any means outside of growing their own, or
having a friend grow it for them. This, according to
medical marijuana patients and activists, constitutes an
unreasonable burden on an affected population which includes
many seriously and terminally ill people.
Supporters of Chavez insist that the Orange County Co-op
provided marijuana only to those with a demonstrated medical
need. Chavez, through his attorney, Bob Kennedy, said that
"the club will continue to meet its obligation for those
unfortunate individuals who are in need of medicinal
marijuana." Prosecuting Deputy D.A. Carl Armbrust, however,
seemed determined to make sure that everyone involved would
face criminal penalties. "We know that Chavez has some
volunteers" he told the Orange County Register, "we're
trying to figure out where they are and if they're going to
continue this co-op."
Dave Fratello, spokesman for Americans for Medical Rights,
told The Week Online, "For the police, shutting down these
distribution facilities is like shooting fish in a barrel.
They have been operating openly and counting on the good
will of local officials to work with them in finding the
most appropriate ways to implement the law. Obviously, that
faith is not being rewarded. The truth is, however, that
even if federal and local authorities are successful in
shutting down every one of these outlets, the need for, and
the procurement of marijuana for medicinal use is not going
to disappear, it will simply recede back underground, which
will, of course, have serious consequences for a lot of
seriously and terminally ill people. What will disappear is
the opportunity to regulate distribution, and thus to insure
that medicinal marijuana stays out of the hands that the
government claims to be so concerned with."
***
5. 17 YEAR-OLD FIRST TIME OFFENDER FACES 10 YEARS FOR ROLE
IN $20 MARIJUANA SALE
(From the NORML Weekly News, 1/22, courtesy the NORML
Foundation, http://www.norml.org)
January 22, 1998, Fayette, MO: A Missouri judge sentenced
an adolescent first time offender to ten years in state
prison after finding him guilty of selling $20 of marijuana
within 2,000 feet of the Central Methodist College. State
law classifies the offense as a Class A Felony that carries
a sentencing range of ten years to life.
Billy Polson, 17, helped Alex Martinez acquire 3.4 grams of
marijuana from students at the Missouri college campus.
Martinez -- who dated Polson's sister at the time -- later
revealed that he was working undercover for the Boonville
Police Department. He also admitted purchasing malt liquor
for the defendant shortly before Polson agreed to sell him
marijuana.
Missouri attorney and NORML board member Dan Viets -- who
represented Polson -- called the felony conviction "horribly
unfair."
"I told the judge that if he wanted to help Polson get along
with his life, then giving him a felony conviction record
was the worst thing he could do," Viets said. He explained
that the judge had the option of placing Polson on probation
without a conviction. Viets also said that the prosecutor
in the case, Greg Robinson, could have charged Polson with a
lesser offense to avoid the excessive sentence. Viets said
that Robinson wished to make an example out of Polson before
the upcoming elections.
Attorney Tanya Kangas, Director of Litigation for The NORML
Foundation, questioned why law enforcement would use its
limited resources to target someone like Polson. "Alex
Martinez was a reserve officer with the Boonville Police
Department," she explained. "He was paid to become intimate
with a young woman to gain the trust of her younger brother.
The police department paid Alex to encourage a minor to
drink alcohol. The department paid Alex to arrange a
transaction close to the college to increase Bill's sentence
under a law designed to protect elementary school children
from drug dealers. Except here in this case, the law served
to incarcerate a kid who is younger than the attendees of
the nearby school. Since when is this the proper role of
law enforcement?"
Polson is presently serving his ten year sentence in a
Missouri Department of Corrections bootcamp facility. The
judge has the option of placing Polson on probation within
120 days.
For more information, please contact either Tanya Kangas of
the NORML Foundation @ (202) 483-8751 or Dan Viets of The
NORML Legal Committee @ (573) 443-6866.
***
6. HHS TO CONDUCT BINDING REVIEW OF MARIJUANA'S PROHIBITIVE
STATUS
(From the NORML Weekly News, 1/15, courtesy the NORML
Foundation, http://www.norml.org)
January 15, 1998, Washington, D.C.: The Drug Enforcement
Administration (DEA) recently determined that sufficient
grounds exist to justify proceedings re-evaluating
marijuana's prohibitive Schedule I status. As a result, the
agency has formally requested the Department of Health and
Human Services (HHS) to conduct "a scientific and medical
evaluation of the available data and provide a scheduling
recommendation" for marijuana and other cannabinoid drugs.
The DEA's action is in response to an administrative
petition filed by former NORML National Director Jon Gettman
and Trans High Corporation -- publisher of High Times
Magazine -- on July 10, 1995. The petition argues that
marijuana and cannabinoid drugs lack the "high potential for
abuse" required for Schedule I and Schedule II drugs under
the provisions of the Controlled Substances Act (CSA).
Gettman notes that the DEA has never before voluntarily
referred a marijuana petition to HHS for binding review.
"People are sent to jail every day because of mistaken
assumptions about the abuse potential of marijuana," Gettman
said. "[This] petition observes that HHS has never
produced a finding that marijuana actually has the high
potential for abuse similar to heroin or cocaine required
for Schedule I or Schedule II status. Furthermore, the
legislative history of the CSA indicates that Congress only
intended for marijuana to remain in Schedule I or Schedule
II if such a finding could be produced. This petition
challenges the government to produce such a finding or be
legally required to end marijuana prohibition by removing
marijuana from Schedule I."
Gettman initially asked the Department of Justice in 1994 to
request this evaluation from HHS. At that time, DEA
Administrator Thomas Constantine argued that the agency was
"unaware of any new scientific studies of marijuana that
would lead [it] to re-evaluate [marijuana's] classification
at this time." Constantine then challenged Gettman to
provide documentation indicating that new research had taken
place. Gettman responded by filing his 1995 petition.
"The recent referral of the petition to HHS is an
acknowledgment by DEA of deficiencies in their familiarity
with scientific studies of marijuana, and of the validity of
[my] argument and its documented scientific basis," Gettman
said.
Petitioners are represented by Michael Kennedy, Esq. of New
York City, a member of the NORML Legal Committee. For more
information, please contact either the law offices of
Michael Kennedy @ (212) 935-4500 or Allen St. Pierre of The
NORML Foundation @ (202) 483-8751.
***
7. LEGAL MARIJUANA SMOKERS TESTIFY AT INSTITUTE OF
MEDICINE'S PUBLIC HEARING ON MEDICINAL MARIJUANA
(Press release from the Marijuana Policy Project,
http://www.mpp.org)
January 22, 1998
NEW ORLEANS -- Two of the eight patients in the entire
nation who have legal permission to use medicinal marijuana
testified at the Institute of Medicine's (IOM's) public
hearing on Thursday, January 22, in New Orleans at the
Marriott Hotel.
IOM is conducting an 18-month "comprehensive review" of "the
health effects and potential health risks of marijuana use."
This research and subsequent report was commissioned for
$1 million by the White House Office of National Drug
Control Policy in January 1997.
IOM's first hearing was held in California in December, and
another is scheduled for February 23-24 in Washington, D.C.
The topic of the New Orleans hearing was "Acute and Chronic
Effects of Marijuana," which focused mainly on the potential
health risks of marijuana use.
IOM is not allowed to address policy and legal issues.
Instead, the study is limited to scientific and clinical
issues. Nevertheless, Marijuana Policy Project Director of
Communications Chuck Thomas says, "It is important to make
the study investigators aware that thousands of marijuana-
using patients are living in fear of arrest and prison --
and IOM's recommendations should reflect this emergency."
Barbara Douglass and Irvin Rosenfeld receive legal marijuana
from the federal government to treat multiple sclerosis and
pain caused by bone tumors, respectively. This program,
which now serves eight (8) patients nationwide, has been
closed to all new applicants since 1992. Douglass and
Rosenfeld testified that their marijuana use has not caused
any negative health effects, despite their use of several
joints a day for decades.
Greg Scott, an illegal user of medicinal marijuana,
explained how marijuana helped treat his AIDS conditions and
contrasted the effects of marijuana with the debilitating
effects of the many prescription drugs he has taken,
including morphine. Scott said, "Every day, I risk arrest,
property forfeiture, fines and imprisonment."
Jim Montgomery, who was imprisoned for using medicinal
marijuana, will explain how the horrendous health conditions
in prison caused him to have his leg amputated -- which is
unquestionably more damaging than his medical use of
marijuana.
The MPP's Chuck Thomas said, "Patients face one year in
prison for a joint, five years for a plant. Marijuana works
as a medicine for some people. Research should not detract
from the number one goal of getting smokable marijuana
approved as a legal medicine."
***
8. FORUMS
Boston, Thursday, 1/29: IS THE DRUG WAR FOREVER? The drug
war at 25: looking back, looking ahead.
Inaugural forum of the Voluntary Committee of Lawyers,
moderated by New York Times columnist Anthony Lewis.
Opening remarks written for the occasion by former US
Attorney General Elliot Richardson, a board member of the
VCL, will be read. Panelists will include John G.S. Flym,
Northeastern University Law School, David Lewis, M.D.,
Center for Alcohol and Addiction Studies and Physician
Leadership on National Drug Policy, and the Hon. Nancy
Gertner, U.S. District Court of Massachusetts. From 6:00-
8:00pm, C. Walsh Theatre, Suffolk University, Temple Street
(behind the State House). For more information, call
Richard M. Evans at (413) 586-1348 or Michael Cutler at
(617) 739-9093.
Minneapolis, Thursday, 2/5: MANDATORY MINIMUM SENTENCES: ARE
THEY WORTH THE COST? Featuring Jonathan Caulkins, Ph.D.,
lead author of last year's RAND Corporation study on the
cost-effectiveness of mandatory minimum sentences, and Julie
Stewart, President of Families Against Mandatory Minimums.
Sponsored by the Open Debate Project, a joint project of the
Minnesota Drug Policy Council and the Minnesota Consortium
for Addiction Studies. Reception 6:00-7:00pm, forum 7:00-
9:00pm, U of M Law School, Auditorium, Room #25, 229 19th
Avenue South. For further information, call Scott Warnick
at (612) 292-9815 or Mark Willenbring at (612) 839-4482, or
e-mail warn0121@tc.umn.edu or wille001@tc.umn.edu.
San Francisco, Thursday 2/5: HEPATITIS C: THE NEW EPIDEMIC,
sponsored by The Lindemith Center-San Francisco. With
Joanne Imperial, MD, Stanford University, Joey Tranchina,
Director of Harm Reduction Projects for HCV Global
Foundation and Executive Director of the AIDS Prevention
Action Network, Reda Sobky, MD, Medical Director of HAART,
Fort Help and Castro Valley Methadone Clinics, and John
Irwin, Ph.D., patient. At the San Francisco Medical
Society, 1409 Sutter St., RSVP at (415) 921-4987.
***
9. NEW HAMPSHIRE MAN KEPT BEHIND BARS FOR REFUSING TO
ACKNOWLEDGE GOD IN HIS RECOVERY
Bill Yates is a 38 year-old inmate at the New Hampshire
State Prison. He is a former heroin addict who will be
eligible for early release in October. That release is
unlikely to be granted, however, because Yates refuses to
participate in the prison's only substance abuse recovery
program. The program, called Summit House, is one of many
12-step programs modeled on Alcoholics Anonymous, and is
based in large part on admitting powerlessness over an
abused substance and turning oneself over to the power of
God. Bill Yates objects.
Yates is an advocate for Rational Recovery, a non-religious
program for abusers which emphasizes people taking control
of their lives, rather than relinquishing control to a
higher religious force. Rather than the 12-step "one day at
a time" philosophy which binds participants to a lifelong
recovery process, Rational Recovery emphasizes a "big plan"
for total, final recovery. Yates claims to have quit using
heroin, a life-change which he sees as permanent, without
12-step. He refuses, therefore, to be forced into a
religious program, against his beliefs, as a condition of
gaining his freedom. This time, it is the New Hampshire
Department of Corrections which objects.
Steve Kennet, director of substance abuse programs for the
New Hampshire Department of Corrections, told the Concord
Monitor, "The people who created Rational Recovery, as far
as I can see, have problems with God. They can't separate
out God from spirituality. They don't like the idea of
being powerless. If you're an alcoholic, the fact remains,
you are powerless." Yates' application for sentence
reduction was recently rejected by warden Michael
Cunningham, who wrote in his decision, "I believe a sentence
modification should not be granted until he completes the
Summit House program." Mr. Yates is currently filing a
federal lawsuit on his own behalf.
Jack Trimpy is the founder of Rational Recovery. He spoke
with The Week Online. "First of all, we reject the notion
that everyone with a substance abuse problem needs to remain
an addict for the rest of their lives, surrounding
themselves with other such self-defined people, and
continuing to profess their powerlessness over their own
lives. Alcoholics Anonymous has spawned an entire twelve-
step industry, and in cases like Mr. Yates' it is working
hand in hand with the state. People are classified
according to a presumed genetic defect, their future
behavior is predicted, and they are monitored and tracked by
these programs for the benefit of the referring court. This
collaboration, using the medical model of the powerless
individual, has turned these programs into a fellowship of
informers."
"In addition, there is no question that the programs are
religious based." (The twelve-step pledge includes the
following statements: We admitted that we are powerless
over {alcohol/drugs} and that our lives had become
unmanageable; We made a decision to turn our will and our
lives over to the care of God as we understood him; We were
entirely ready to have God remove all these defects from our
character.) "Under the U.S. Constitution, the government
has no business forcing, or even referring people into such
programs," says Trimpy, "and certainly, the act of keeping
someone imprisoned on the basis of their unwillingness to
accept and participate in the tenets of these programs is an
affront to the principle of religious freedom."
DRCNet Executive Director David Borden comments, "AA and
other 12-step programs have been a terrific help for a large
number of people. The Dept. of Corrections' mistake,
besides the religious and constitutional issues, is thinking
it's the only acceptable mode of recovery or that it will
work for everyone."
To find out more about Rational Recovery, including how to
subscribe to the Journal of Rational Recovery, check out
their web site at http://www.rational.org/recovery. An
online directory of recovery programs, including 12-step
programs like AA, as well as secular programs like RR, can
be found at http://www.netwizards.net/recovery/.
***
10. PENN STATE PROFESSOR PROTESTS POT LAWS WITH ONE-MAN
SMOKE-IN
Julian Heicklen, a 65 year-old chemistry professor at
Pennsylvania State University, staged a one-man "smoke-in"
last Thursday, right in front of the university gates. The
professor, reclining in a lounge chair and surrounded by
approximately 50 students and supporters, lit a joint for
the first time in his life. "I'm not doing this for the
marijuana," he told the Centre Daily Times (PA), "I'm doing
this because we have a right to make free choices."
Heicklen, a member of his local Libertarian Party, said that
he was carrying $1,500 on him in case of arrest. Police,
who were present during the protest, declined to arrest him,
however, claiming that they didn't believe that the
substance he was smoking was in fact marijuana. Heicklen
promised to repeat the act next week.
***
11. MIAMI SCHOOL DRUG TEST PLAN ALTERED
The Miami-Dade County School Board's plan to randomly drug
test all students in grades 9-12 has been altered in the
face of a legal challenge by the Florida chapter of the
ACLU. As originally intended, students would have had to
have parental consent to be subject to the tests, and
positive results would have gone back to those parents.
Schools would only receive cumulative results, without
names.
Some critics argued that since there was no money available
to provide treatment or special programs for teens who
tested positive, the plan would be ineffective. Other
critics, like the ACLU, argued that randomly testing
students without probable cause to believe that they had
done anything wrong violated constitutionally protected
rights. The new plan would allow students to refuse to be
tested.
***
12. EDITORIAL: FROM DR. KING'S DREAM TO DRUG WAR NIGHTMARE
This past Monday, the nation celebrated the birthday of Dr.
Martin Luther King, Jr. Dr. King's legacy of non-violence
and equality still resonates in a country which has come a
long way, but which still has a long way to go, in
confronting and overcoming prejudice and discrimination on
the basis of skin color. For many, Dr. King's birthday is a
day of pride and of hope. But for those who are advocating
and carrying out America's drug war, it ought to be a day of
great shame.
African Americans comprise approximately 12% of the
population of the US, and account for about 13% of drug
users. Despite this fact, African Americans make up more
than 50% of all new prisoners in the US, the highest
percentage in the nation's history. It is no secret that
the bulk of those entering the system are jailed on drug
charges.
There are several reasons why the war on drugs
disproportionately impacts African Americans. First, it
must be remembered that the laws against many currently
illegal substances were written specifically to impact
racial minorities. During congressional testimony at the
time, it was claimed that both marijuana and cocaine caused
Black men to rape white women. Opium was originally
outlawed because it was said that Chinese immigrants, high
on opium, could work interminable hours, thus giving them an
unnatural advantage over white workers.
In the years between the implementation of anti-drug laws in
the early part of the century, and today, those laws,
written with the full intention of "controlling" feared
minorities, have been used toward precisely those ends.
Another reason for the current disparity in the drug war's
impact is that it is far easier to enforce drug laws in poor
neighborhoods. The dearth of legitimate economic
opportunities tends to bring the drug trade front and center
in the local economy. Policing in these communities is
often far more aggressive than in whiter, wealthier areas.
It is common, for example, for "drug sweeps" to be
instituted in which virtually everyone on a block is made to
lay on the street while searches and questioning are
conducted. Tactics such as this would cause considerable
outrage, and no small legal backlash, if conducted in more
opulent, if no less drug infested locales, such as Wall
Street.
There are other harms perpetrated on African American
communities in the name of the War on Drugs. One of the
most destructive and pernicious is the widespread use of
informants. "Whatever little you gain by this practice"
argues Jerome Miller, a long-time corrections administrator
and author of the book Search and Destroy: African Americans
and the Criminal Justice System, "you lose a great deal more
in terms of social cohesion. You create a Stasi-like system
where no one can be trusted." Miller says that with long
mandatory minimum sentences in place for prosecutors to hang
over the heads of minor players, there is incentive for
young, frightened arrestees to exaggerate and make things up
in order to get themselves off the hook.
"Aside from the psychological damage that this does to a
community, it has the additional effect of creating random
violence. If the word gets out on the street that someone
is a snitch, their lives aren't worth all that much. And it
doesn't even have to be the truth. Also, often you'll see
people committing horrendous acts just to prove that they're
not working with the police. Several years ago in
Washington DC, for instance, a young man walked into a
police station with a gun, opened fire, killed a number of
officers, and then shot himself. The story behind that
incident, which went nearly unmentioned in the press, was
that the police had put the word out on him in an effort to
pressure him into cooperating with them. He did it to prove
that he wasn't a rat."
Perhaps the most ironic and troubling aspect of the war's
effects on African American communities is that there is
still very little protest against Prohibition coming from
this most victimized segment of the population. The
government has done a good job of selling the idea that it
is drugs themselves, rather than economic factors and
Prohibition, which is causing crime and violence. This
absence of critical analysis of the larger issue of
Prohibition is by no means confined to African American
communities. In fact, the majority of Americans have bought
the prohibitionist rhetoric, but it is in the black
community where the War is being carried out in earnest.
Cheryl Epps is a former Assistant District Attorney. She
prosecuted narcotics cases in Manhattan. She is also an
African American. "There is an enormous amount of
destruction being done by substance abuse in poor
communities" she says. "A lot of that stems from economic
hopelessness, and some is the result of a lack of available
resources to deal with mental health issues. So when Black
folks look around their neighborhoods, it's quite natural
for them to point to the drugs and say 'whatever you have to
do, get rid of this.'"
"In addition, the Drug War model is the only alternative
that has been presented, the only strategy anyone has seen.
The people who are profiting from the mass incarceration,
and the politicians that they pay to put in office, have led
America to believe that as bad as things are now, any change
in the status quo would lead inevitably to anarchy. It's
therefore very difficult, politically, for the leaders of
these communities to start talking about 'we need to
legalize drugs.' This is true all over America, of course,
but the problem is magnified in communities of color. The
fact is, though, that with one out of three young African
American males already caught up in the criminal justice
system, the drugs are still there, and they're not going
away. How many more young Black lives is the country
willing to sacrifice?"
And there are still more problems. The drug war, and the
covert nature of the drug trade under Prohibition, has
succeeded in casting large segments of the poor population,
most notably the young, as suspects in the eyes of the
police. A young black male runs the risk -- in fact the
near-certainty -- of being accosted by the police simply for
being young and black. The overwhelming majority will be
arrested or detained at least once before the age of thirty,
regardless of how law abiding they might be. All of these
factors, of course, have bred disrespect for the law and for
those who are paid to enforce it, and have created the
cultural view of the police as an invading army. This view
inevitably reveals itself in the popular culture. These
cultural media, whether songs, movies or videos, are in turn
blamed by opportunistic politicians for being a causal,
rather than symptomatic aspect of urban problems.
Dr. King's dream, that one day the color of a man's skin
would be of no more importance than the color of his eyes,
that a man would be judged solely on the content of his
character, is certainly closer to reality in America today
than it was on the day he lost his life. But in the context
of America's domestic war, a war being carried out with a
vengeance against African Americans, it is quite clear that
the color of a man's skin means everything.
So the next time you hear a politician talking about
"getting tougher" in the "War on Drugs," remember that it is
really a war on people of color. And when they talk about
the war "protecting our children," remember that it is
harmful to our children, but it is most definitely
protecting the profits of the enormous and growing prison-
industrial complex. And then, take a moment to remember Dr.
King. And ask yourself whether it is time to put his dream
into practice.
Adam J. Smith
Associate Director
DRCNet
JOIN/MAKE A DONATION http://www.drcnet.org/drcreg.html
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[End]
to 1998 Daily News index for January 22-28