-------------------------------------------------------------------
The NORML Foundation Weekly Press Release (House Okays Legislation
To Test Driver's License Applicants, Others For Drugs; Senate To Take Up
Resolution Rejecting Medical Marijuana; Voters In Nation's Capitol
Will Decide On Medical Marijuana; Government Website
Uses Anti-Drug Trafficking Funds To Launch State Propaganda Campaign
Against Medical Marijuana; Reminder - Year's Largest Marijuana Reform Rally
To Take Place Next Week)
From: NORMLFNDTN@aol.com
Date: Thu, 24 Sep 1998 18:19:14 EDT
Subject: NORML WPR 9/24/98 (II)
The NORML Foundation Weekly Press Release
1001 Connecticut Ave., NW
Ste. 710
Washington, DC 20036
202-483-8751 (p)
202-483-0057 (f)
www.norml.org
foundation@norml.org
September 24, 1998
***
House Okays Legislation To Test Driver's License Applicants, Others For
Drugs
September 24, 1998, Washington, D.C.: House members overwhelmingly
approved legislation last week encouraging states to drug test all
teenage driver's license applicants. The provision, included in H.R.
4550, further recommends that states adopt policies denying licenses to
applicants who test positive for drug metabolites.
"It is unfair and likely unconstitutional to arbitrarily subject one
segment of the population to this degrading and unreliable procedure only
on the basis of their age," said attorney Tanya Kangas, director of
litigation for The NORML Foundation.
In the past, President Bill Clinton has endorsed the idea of drug
testing expectant teen drivers.
A second provision in the legislation provides grants to non-profit
organizations promoting drug-free workplaces, and prompts states to offer
financial incentive programs encouraging small businesses to adopt drug
testing procedures.
"The passage of this legislation needlessly interferes with the
privacy of approximately 50 percent of the nation's workforce," Kangas
said. "Drug testing, particularly urinalysis, is an intrusive search and
lacks the ability to determine job impairment. In addition, these
procedures unfairly target marijuana smokers who may test positive for
weeks after the drug's euphoric effects have worn off."
Urinalysis is the most common type of drug test used by employers and
law enforcement. The test detects the presence of non-psychoactive
metabolites that indicate past use of certain licit and illicit
substances. A positive test result, even when confirmed, does not
indicate drug abuse or addiction, recency, frequency, amount of drug use,
or impairment.
Language in H.R. 4550 also encourages states to adopt laws allowing
law enforcement to check motorists for the presence of drug metabolites,
and urges voters to reject state efforts to modify existing criminal drug
laws.
The House passed the measure by a vote of 396 to 9.
For more information, please contact either Keith Stroup, Esq. of
NORML @ (202) 483-5500 or Tanya Kangas, Esq. of The NORML Foundation @
(202) 483-8751.
***
Senate To Take Up Resolution Rejecting Medical Marijuana
September 24, 1998, Washington, D.C.: The Senate will likely vote
soon on a companion bill rejecting the use of marijuana as a medicine.
The measure, Senate Joint Resolution 56, is identical to a House
resolution passed last week opposing state efforts to legalize marijuana
as a medicine.
Senate Joint Resolution 56, sponsored by Charles Grassley (R-Iowa),
Orrin Hatch (R-Utah), and John Kyl (R-Ariz.), expresses a "sense of the
Congress" only and does not propose any new criminal sanctions on medical
marijuana.
House members approved the measure last week by a vote of 310-93.
Backers of the measure removed language defining marijuana as "a
dangerous and addictive drug [that] should not be legalized for medical
use" to assure the resolution's passage.
For more information, please contact either Paul Armentano or Keith
Stroup, Esq. of NORML @ (202) 483-5500.
***
Voters In Nation's Capitol Will Decide On Medical Marijuana
September 24, 1998, Washington, D.C.: Voters in the District of
Columbia will decide whether to allow the use of marijuana as a medicine
this fall, election officials concluded last week. The decision reversed
a previous determination by the D.C. Board of Elections disqualifying
Initiative 59, the District's medical marijuana proposal, from the
November 3 ballot.
Officials approved the initiative shortly after a D.C. Superior Court
Judge ordered the BOE to include nearly 5,000 additional signatures
gathered in support of the proposal.
"We are certainly pleased that D.C. voters are going to have a chance
to decide for themselves on this important initiative," said James
Millner, a spokesman for the Whitman-Walker health clinic.
Initiative 59 seeks to exempt patients who use marijuana under a
doctor's supervision from the District's criminal marijuana penalties.
The measure also proposes allowing residents to "organize not-for-profit
corporations for the purpose of cultivating, purchasing, and distributing
marijuana exclusively for ... medical use."
In what could possibly become a stumbling block for the D.C.
initiative, Congress appears poised to approve legislation mandating that
no federal funds "may be used to conduct any [District] ballot initiative
which seeks to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance ... or
[marijuana] derivative." If approved by the Senate, the measure would
prevent city officials from printing the ballot and processing its
results, the Associated Press reported.
For more information, please contact Keith Stroup, Esq. of NORML @
(202) 483-5500.
***
Government Website Uses Anti-Drug Trafficking Funds To Launch State
Propaganda Campaign Against Medical Marijuana
September 24, 1998, Spokane, WA: Federal tax dollars earmarked for
anti-drug trafficking efforts are being used by the Washington state
Lieutenant Governor's office to sponsor a website highlighting the
alleged dangers of marijuana. The timing of the newly established site,
launched only weeks before state voters will decide on a ballot measure
to allow seriously ill patients to use marijuana under the supervision of
a physician, drew sharp criticism from the drug reform community who
speculate that the state's anti-pot campaign may violate federal tax laws.
"The misuse of public funds to propagandize against the 1998 medical
marijuana initiatives is repugnant," charged Allen St. Pierre, executive
director of The NORML Foundation. St. Pierre noted that present laws
prohibit tax dollars from being used to fund a political campaign. He
urged concerned citizens to contact: The United States Department of
Justice, Attention - Deputy Attorney General Eric Holder, Constitution
Ave., 10th St. NW, Washington, D.C. 20530 or call (212) 514-2101.
"Ask Deputy Attorney General Holder not to allow moneys intended for
street level law enforcement to be used to fund propaganda against voter
initiatives," St. Pierre said.
The Lieutenant Governor's office found itself embroiled in a similar
controversy in 1997 when it used $170,000 in federal funds to sponsor a
high-profile anti-marijuana campaign months before voters decided on a
drug reform initiative.
For more information, please contact Allen St. Pierre of The NORML
Foundation @ (202) 483-8751.
***
REMINDER: YEAR'S LARGEST MARIJUANA REFORM RALLY TO TAKE PLACE NEXT WEEK
September 24, 1998, Boston, MA: NORML's Massachusetts affiliate expects
over 70,000 people to assemble on the Boston Common next Saturday for its
Ninth Annual Freedom Rally. In past years, the Freedom Rally has drawn
crowds approaching 100,000 people, making it the largest marijuana reform
event in the nation.
Speakers at the event include NORML board member Richard Evans, legal
medical marijuana patient Elvy Musikka, White Panther Party founder John
Sinclair, and Common Sense for Drug Policy head Kevin Zeese, along with
several musical guests.
For more information, please contact Caroline Toth of Mass Cann NORML @
(617) 864-7633.
- END -
-------------------------------------------------------------------
The People Vs William Conde ('Eugene Weekly' Makes It Pretty Clear
That Officials In Linn County, Oregon, Who Raided The Lumberyard
Of The Longtime Marijuana Law Reform Activist Were Motivated By Politics)
Date: Fri, 25 Sep 1998 21:53:43 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: The People vs William Conde
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Olafur Brentmar
Pubdate: 24 Sep 1998
Source: Eugene Weekly
Contact: editor@eugeneweekly.com
Website: http://www.eugeneweekly.com
Author: Cheri Brooks
THE PEOPLE VS. WILLIAM CONDE
Sheriff Pulls Plug On Marijuana Activist As Election Nears.
Is The Timing Just A Coincidence?
It's no secret that William Conde smokes pot. If he didn't want you to know
that he wouldn't hoist a 30-foot joint on the back of his truck and drive
through downtown Eugene during the Celebration Parade. He wouldn't operate
an electronic billboard about two marijuana-related measures on the
November ballot: "No on 57. Yes on 67." He wouldn't wear cannabis-leafed
tie-dyes. He wouldn't host events on his property such as the Cannabis
Carnival Unity Fair.
Yet after 20 years' outspokenness on marijuana issues and a dozen years of
holding mini-Country Fairs on his Harrisburg property, William Conde is
suddenly in trouble with the Linn County sheriff.
Acting on "very serious allegations of illegal activity," sheriff's
deputies raided Conde's home and redwood lumber business on Sept. 15,
seizing computers, equipment, legal and financial files and other personal
property. Conde was arrested for possession of just over an ounce of
marijuana. The sheriff's department also issued him dozens of citations,
totaling nearly $50,000, for violating county ordinances during two recent
concert events held on his property: the Weed Festival, held last July, and
the Cannabis Carnival, held over Labor Day weekend.
Sheriff Dave Burright says undercover narcotics officers witnessed
"absolutely outrageous, shocking illegal activity" at the Cannabis
Carnival, such as the use and sale of illegal drugs. Law enforcement
officers raided Conde's home and business seeking to uncover illegal drug
use, records of drug transactions, and lists of attendees, vendors, and
security personnel at the festival. Burright says he had "excellent
information" that Conde kept such records on his computer, and that's why
all computers were seized.
Conde says the police terrorized his wife and children and confiscated
property that was unrelated to the warrant's specifications, such as a
computer belonging to his four-year-old daughter, printers, scanners,
financial records and all the hardware and software from his lumber
business, and a computer whose sole function is operating the electronic
billboard visible from I-5. Some of the confiscated PCs contain years'
worth of information, not only from Conde's lumber business, but also
mailing lists and records for two marijuana-related political action
committees with which Conde is involved.
Conde's attorney, Brian Michaels, says the search was heavy-handed and
over-broad and that law enforcement officials had no probable cause for
many of the items they took. "They did exactly what the courts said they
can't do," Michaels says. "They took everything."
Many think the raid was politically motivated. John Sajo of Voter Power, an
organization working to defeat Measure 57 (a referendum on recriminalizing
less than ounce of marijuana) and to pass Measure 67 (the Oregon Medical
Marijuana Act), finds it revealing that the police shut down Conde's
electronic billboard. "That computer was running the sign that is visible
from the freeway that says, 'Vote no on 57. Vote yes on 67.' What else can
you call it when they take that computer?" Sajo asks. "There's no way, even
in a far-fetched interpretation, that you could say that computer had
anything to do with any illegal activity."
Sheriff Burright calls the assertion that Conde is being harassed because
of his political views "total hogwash." He points to Conde's refusal to
obtain a mass-assembly permit from the county and to bring his facilities
up to code, as well as the illegal drug use taking place on his property.
But he says the fact that county officials raided Conde's home one day and
served him with multiple citations the next is a coincidence.
Michaels says both actions came as a "huge surprise," and that up until
recently Conde enjoyed a cordial relationship with Linn County officials,
with whom he has conducted ongoing negotiations about holding concerts on
his property. He obtained a permit for his wooden stage, and health
officials have certified food booths before every event. However, the Linn
County Planning Department has refused to permit the concert site's
plumbing, electricity and vault toilets, Conde says, until he agrees to
sign a mass-assembly permit.
Michaels says Linn County's mass-assembly permit violates the First
Amendment. In a federal court case brought by the Southern Oregon Barter
Fair, Michaels struck down the state's mass-gathering act on constitutional
grounds. Conde says Linn County's mass-assembly ordinance is similarly
unfair and arbitrary. "The minute you sign a mass assembly permit, you sign
away all your rights. You give them the right to come in and shut you
down." Conde notes that neighboring businesses that host large events, such
as the Harrisburg racetrack and Safari Coaches, have not been asked to
obtain mass-assembly permits beforehand.
Sajo sees a pattern of harassment triggered by a simmering political
climate. The Medical Marijuana Act appears to have a chance of passing and
the recriminalization measure, supported by the Oregon legislature and the
governor, may be brought down by the voters.
"What they'd like to do is to put Bill Conde out there and make him be the
issue, when he's not," he says. "The issue with 57 is: Should we let
dangerous criminals out of jail to make room for pot smokers? On 67 it's:
Should we be arresting patients for their medicine? But they'd rather have
the issue be Conde, because he's a controversial character."
-------------------------------------------------------------------
Detectives - Even The Security Guards Sold Drugs At Three-Day Festival
('The Associated Press' Version, A Rewrite From Yesterday, Doesn't Say
Whether The Police Will Now Confiscate Everything Belonging To
Portland Trail Blazers Owner Paul Allen If They Catch Someone Using
Or Selling Illegal Drugs During A Concert Or Other Event At The Rose Garden
Arena In Portland)
Associated Press
found at:
http://www.oregonlive.com/
feedback (letters to the editor):
feedback@thewire.ap.org
Detectives: Even the security guards sold drugs at three-day festival
The Associated Press
9/24/98 5:11 AM
HARRISBURG, Ore. (AP) -- A man who threw a three-day marijuana festival
earlier this month encouraged attendants to "light it up" and showed a joint
to his 4-year-old daughter and asked if she knew what it was, according to
an affidavit.
Even the security guards at Bill Conde's annual "Cannabis Carnival" were
using and peddling drugs, undercover Linn County sheriff's deputies said.
"People were walking around calling out `shrooms, nuggets,' like peanut
vendors at a ball game," a detective wrote, referring to street terms for
hallucinogenic mushrooms and marijuana bud.
Conde, an outspoken marijuana activist who has hosted numerous
marijuana-themed events, said he didn't see the alleged drug sales and tried
to prevail on fairgoers not to buy or sell drugs. The outdoor music festival
drew hundreds of people to his property Sept. 4-6.
But detectives say they bought drugs 26 times during the event and were
approached by sellers numerous other times peddling marijuana, mushrooms and
blotter acid.
According to the affidavit, filed last week, Conde told undercover
detectives who approached him before the event that they could smoke
marijuana there "as long as you don't try to peddle it or are blatant about
using it."
On stage at the event, he allegedly asked the crowd to avoid "blatant
transactions."
While on stage, detectives said, Conde took a rolled joint from his pocket
and showed it to his 4-year-old daughter, asking her if she knew what it
was. She didn't answer, but Conde allegedly said she once picked up a bud
and told him, "Daddy, this smells good."
Detectives said he then urged everyone to "light it up."
"Conde lit his joint and the majority of spectators did the same," according
to the affidavit.
Conde hasn't denied smoking pot or allowing others to smoke it on his
property, saying using or possessing less than an ounce isn't a crime. Under
Oregon law, it is considered a violation and can result in a citation
similar to a traffic ticket.
And he says detectives are making too much of his daughter's exposure to
marijuana.
"I could compare it to maybe a guy drinking a beer and his daughter knowing
what a beer looks like," he said. "My children have never smoked any pot."
Conde said detectives effectively shut down his redwood lumber business when
they searched his property last week, taking computers and business records,
among other items.
He was charged with a felony count of possessing marijuana after detectives
allegedly found just more than an ounce of the drug during the search. He
also is facing about $45,000 in fines for alleged violations of county
building, sanitation and mass gathering codes.
Conde continued to call the search politically motivated, saying the
affidavit didn't justify why detectives had the right to search his house
and business. The carnival site, just north of Conde's lumberyard and home,
wasn't searched, he said.
"There's nothing in that affidavit that determines that they could go into
my house or Conde's Redwood Lumber," he said. "Yet that's where they struck.
Their investigation was trying to do something to me, rather than trying to
find out what's going on."
He also denies that his security force was involved in any of the drug
transactions. But he said if he finds that any guard was selling drugs,
he'll never hire him again.
"If I find any security guards doing that, shame on them," he said. "They
were specifically instructed not to tolerate that."
(c)1998 Oregon Live LLC
Copyright 1997 Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten, or redistributed.
***
Date: Fri, 25 Sep 1998 02:17:15 -0700
From: Paul Freedom (nepal@teleport.com)
Organization: Oregon Libertarian Patriots
To: Cannabis Patriots (Cannabis-Patriots-L@teleport.com)
Subject: CanPat - Let's Bust Paul Allen!
Sender: owner-cannabis-patriots-l@lists.teleport.com
Reply-To: cannabis-patriots-l@teleport.com
I had an idea of applying equal justice under the law.
I propose the State Police arrest Paul Allen and
confiscate the " Rose Garden Arena." I propose this
on the grounds he allowed The Rolling Stones to play at
his facility where I heard cocaine was being used. I saw
no evidence of Speed, Cocaine, Heroin or other hard drugs
at Conde's and the police couldn't buy any! So much for
John English's theory about pot festivals and heroin. Sure
a few diehards still eat mushrooms that grow naturally.
So we must hold Paul Allen responsible for this Rolling
Stones concert where people worship the heroin burnout
Keith Richard! How many cocaine buys do you think the
narcs could have made at The Rose Garden Arena? Thousands? :-)
Or let Bill Conde go and stop the HYPOCRISY.
For Victory!
PF
http://www.teleport.com/~nepal/canpat.htm
-------------------------------------------------------------------
Kitzhaber Expands His Prevention Plans ('The Oregonian' Notes Oregon Governor
John 'Prisons' Kitzhaber Is Running For Re-Election And Was Flanked
By Supporters In Law Enforcement Wednesday During A Campaign Appearance
At The Portland Police Memorial, Where He Said He Would Ask The Corrections
Department To Come Up With $50 Million Out Of Its Current Budget,
Including $30 Million To Combat Juvenile Crime And $20 Million
For Drug Treatment Programs)
The Oregonian
letters to editor:
letters@news.oregonian.com
1320 SW Broadway
Portland, OR 97201
Web: http://www.oregonlive.com/
Kitzhaber expands his prevention plans
* The governor wants $20 million for drug and alcohol treatment and $30
million to fight youth crime
Thursday, September 24 1998
By Jeff Mapes
of the Oregonian staff
Flanked by supporters in law enforcement, Gov. John Kitzhaber made a new
pitch Wednesday for about $50 million for expanding programs to combat
juvenile crime and drug and alcohol addiction.
Kitzhaber, a Democrat running for re-election, made a campaign appearance at
the Portland Police Memorial to again promote his $30 million plan to
prevent juvenile crime and also announced that he will seek as much as $20
million to expand drug and alcohol treatment programs.
Mindful of tighter projections for the next two-year budget and a
Legislature resistant to new spending, Kitzhaber said he hopes to pay for
the new programs by taking money out of existing ones.
Kitzhaber accepted the endorsement of the police chiefs' and sheriffs'
associations -- and 30 of the 36 district attorneys -- as he insisted that
the state has done enough to build new prisons and that it is time "to get
at the roots of criminal activity."
Kitzhaber's crime-prevention proposals -- contained in the second of three
"white papers" he intends to release during the campaign -- were dismissed
as ineffective by Republican candidate Bill Sizemore.
"It's another one of the many examples of the governor thinking he can solve
problems by just throwing money at them," said Sizemore, executive director
of Oregon Taxpayers United. Sizemore said he would tackle juvenile crime by
promoting tougher discipline and more effective learning in schools.
Sizemore also said law-enforcement officials endorsed Kitzhaber just because
they think he will win re-election.
However, Kitzhaber was praised by such figures as Clackamas County Sheriff
Ris Bradshaw and Multnomah County District Attorney Mike Schrunk, who said
he has worked well with local officials.
Kitzhaber said the sheriffs' and police chiefs' associations have endorsed
his juvenile-crime effort, as have the League of Oregon Cities and
Associated Oregon Counties. Kithzaber has asked each county to develop a
plan reducing crime among 11- to 17-year-olds by using programs that have
succeeded somewhere in Oregon or in other states.
Kitzhaber said he has asked the Corrections Department to find $30 million
in savings out of the 1999-2001 budget to pay for his crime-prevention proposal.
Some legislative critics have suggested the state instead focus on younger
children by putting the money into preschool programs and efforts to prevent
child abuse. But Kitzhaber insisted he also is addressing those areas by
proposing in his education white paper to spend $3 million to $4 million
more on Head Start and on making a more concerted statewide effort to deal
with domestic and child abuse.
Kitzhaber was vague about his plans for expanding drug and alcohol abuse
programs, saying the Department of Human Resources still is working on a
proposal to give him. The department's director Gary Weeks, said the agency
would present a $25 million plan, but Kitzhaber said he is considering
spending $10 million to $20 million.
In any case, Kitzhaber said he wants to pay for the drug and alcohol
treatment by finding savings in other human-resources programs. The human
resources department is spending about $70 million on treatment programs in
the 1997-99 budget cycle. The Corrections Department and Oregon Youth
Authority also have treatment programs for inmates.
However, Kitzhaber said the state is serving fewer than half of the people
who seek treatment. Barbara Cimaglio, who heads the state's Office of Drug
and Alcohol Abuse Programs, said state programs have served about 100,000
people in the past two years.
-------------------------------------------------------------------
Governor Seeks $50 Million For Youth Programs ('The Associated Press'
Version)
Associated Press
found at:
http://www.oregonlive.com/
feedback (letters to the editor):
feedback@thewire.ap.org
Governor seeks $50 million for youth programs
The Associated Press
9/24/98 4:01 PM
PORTLAND, Ore. (AP) -- Gov. John Kitzhaber made a new pitch for about $50
million to support his plans to prevent juvenile crime and substance abuse
during a campaign appearance at the Portland Police Memorial.
Mindful of budget constraints, Kitzhaber said he hopes to pay for the new
programs by taking the money out of existing ones.
Kitzhaber, a Democrat, accepted the endorsement of the police chiefs' and
sheriffs' associations, and 30 of the state's 36 district attorneys, as he
insisted that it is time "to get at the roots of criminal activity."
Kitzhaber's crime-prevention proposals, contained in the second of three
"white papers" he intends to release during the campaign, were dismissed as
ineffective by Republican candidate Bill Sizemore.
"It's another one of the many examples of the governor thinking he can solve
problems by just throwing money at them," Sizemore said.
However, Kitzhaber said the sheriffs' and police chiefs' associations have
endorsed his juvenile-crime prevention efforts, as have the League of Oregon
Cities and the Associated Oregon Counties.
Kitzhaber has asked each to develop a plan reducing crime among 11- to
17-year-olds by using programs that have succeeded somewhere in Oregon or in
other states.
Kitzhaber was praised by such figures as Clackamas County Sheriff Ris
Bradshaw and Multnomah County District Attorney Mike Schrunk, who said he
has worked well with local officials.
Kitzhaber said he has asked the Corrections Department to find $30 million
in savings out of the 1999-2001 budget to pay for his crime-prevention proposal.
Kitzhaber said he also is proposing to spend $3 million to $4 million more
on Head Start and on making a more concerted statewide effort to deal with
domestic and child abuse.
Kitzhaber was vague about his plans for expanding drug and alcohol abuse
programs, saying the Department of Human Resources still is working on a
plan to present to him.
Director Gary Weeks said his agency would present a $25 million plan, but
Kitzhaber said he is considering spending $10 million to $20 million.
Kitzhaber said he hopes to pay for the additional treatment by finding
savings in other human resources programs.
The human resources agency is spending about $70 million on treatment
programs in the 1997-99 budget cycle. The Corrections Department and Oregon
Youth Authority also have treatment programs for inmates.
However, Kitzhaber said the state is serving fewer than half the people who
seek treatment.
Speaking later to the National Community Policing Conference in Portland,
Kitzhaber told about 470 law enforcement officials that Oregon had done
enough to build new prisons.
"It's time to make the investment in prevention just as serious as the
investment we've made in punishment," he said.
(c)1998 Oregon Live LLC
Copyright 1997 Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten, or redistributed.
-------------------------------------------------------------------
Jail Inmate Died Of Cyanide Poisoning ('The Associated Press'
Indicates It's Not Known Who Or How Someone Smuggled In The Drug
That Killed A Man Convicted Of Attempted Rape In Eugene, Oregon)
Associated Press
found at:
http://www.oregonlive.com/
feedback (letters to the editor):
feedback@thewire.ap.org
Jail inmate died of cyanide poisoning
The Associated Press
9/24/98 5:18 AM
EUGENE, Ore. (AP) -- Cyanide poisoning killed an inmate who died within an
hour of being booked into the Lane County Jail on a conviction for attempted
rape, sex abuse and assault.
Christopher Todd Day, 29, was facing at least 75 months in prison in a March
14 attack on a woman he had followed home from a Eugene nightclub.
He had no prior criminal record.
Detective Spence Slater said it had not been determined Wednesday how Day
got the poison, how he concealed it or when he took it.
"This (cyanide) had to be pretty pure and pretty small," Slater said. "I am
interested in knowing where he got it."
Deputies followed all the usual search and security procedures in
transporting Day from the courthouse to the jail on Aug. 4, he said.
Day was taken into custody immediately after the verdict was read.
"The cold, hard fact is he had made a decision this was going to occur if he
was found guilty," Slater said.
Deputies did a pat down outside the courtroom to look for weapons, then took
Day to a holding cell in the courthouse, Slater said.
Before placing him in the cell, deputies turned Day's pockets and socks
inside out to search for weapons and contraband. His tie, belt and shoes
were removed under normal procedures to prevent suicide, Slater said.
At the jail, Day was searched again before he was issued jail clothing.
"Under the guidelines, they don't strip-search someone unless they're in on
a drug offense," Slater said. "Obviously, he had something hidden somewhere."
Day was interviewed to determined whether he had suicidal thoughts.
He assured the deputy that he did not, and that he would inform jail
officials if he did, Slater said.
About 50 minutes later, Day didn't respond when jail deputies checked on
him. They began CPR and summoned medical help.
(c)1998 Oregon Live LLC
Copyright 1997 Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten, or redistributed.
-------------------------------------------------------------------
Marvin Chavez Trial Monday (A List Subscriber
Invites Medical Marijuana Reformers To The Santa Ana County Courthouse
Beginning September 28 To Witness The Absurd Trial Of The Director
Of The Now-Defunct Orange County Patient, Doctor, Nurse Support Group)
From: Remembers@webtv.net (Genie Brittingham)
Date: Thu, 24 Sep 1998 16:37:56 -0700 (PDT)
To: she-who-remembers@makelist.com
Cc: dpfca@drugsense.org, friends@freecannabis.org,
Subject: DPFCA: Fwd: Marvin Chavez trial monday
Sender: owner-dpfca@drugsense.org
Reply-To: dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/
That's at the Santa Ana Courthouse. Andrea asks that anyone who can,
come early; (7:00am or after) to hand out jury nulification literature.
She Who Remembers
http://www.geocities.com/CapitolHill/Senate/7525
http://www.remembers.com
***
From: "ralph sherrow" (ralphkat@hotmail.com)
To: ralphkat@hotmail.com
Subject: Marvin Chavez trial monday
Date: Thu, 24 Sep 1998 15:17:31 PDT
Hey everbody, James Silva, the lawyer, new address is
James Silva
33 Clubhouse #3
Venice, Ca. 90291
310-450-2690
Monday, the 28th of september is Marvin Chavez's trial date. It's on the
11th floor, #41 at 9:00am. James Silva, lawyer of record, and David nick
will be handling the case. Be there and show your support.
Thanks for all you've done in the past. for further info: call James
Silva, phone number above, or Andrea Nagy.
-------------------------------------------------------------------
Study Finds Medical Benefits In Marijuana ('The Sacramento Bee' Version
Of Yesterday's News About Research By Ian Meng And Scientists
From The University Of California In San Francisco Showing How Cannabinoids
Affect Brain Cells That Control Pain)
Date: Thu, 24 Sep 1998 19:33:32 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Study Finds Medical Benefits In Marijuana
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Source: Sacramento Bee (CA)
Contact: http://www.sacbee.com/about_us/sacbeemail.html
Website: http://www.sacbee.com/
Pubdate: September 24, 1998
STUDY FINDS MEDICAL BENEFITS IN MARIJUANA
SAN FRANCISCO (AP) -- A new study showing how the active ingredient in
marijuana works on the brain apparently backs claims that smoking pot
relieves pain.
Like morphine, the substance known as THC affects an area at the base of
the skull that blocks pain impulses, the University of California at San
Francisco study said.
The findings are in Thursday's issue of the journal Nature.
They appear to give credence to the claim that marijuana has medical
benefits at a time when communities are considering whether to legalize pot
use for illnesses.
In laboratory experiments, researchers gave rats tiny doses of a synthetic
form of tetrahydrocannabinol, a cannabinoid, and then measured how long it
took the rats to move their tails from a heat source. Cannabinoids are the
major active ingredient in marijuana.
Researchers focused on a region deep in the brain called rostral
ventromedial medulla, or RVM, which researcher Ian Meng described as a
relay station for pain signals similar to the volume knob on a stereo.
THC, like morphine, turns down the volume -- minimizing the intensity of
pain sensations reaching other parts of the brain -- by switching off
certain cells.
That suggests that marijuana-like drugs might be developed as effective
painkillers without the unwanted side effects of opiates like morphine,
which is highly addictive and can cause nausea. Marijuana-like drugs, in
contrast, are less addictive, tend to counteract nausea and stimulate
appetite.
"I think in the future you'll see different kinds of drug combination
therapies, where you can use cannabis-like drugs with a lower dose of a
morphine compound and possibly reduce side effects," Meng said.
The findings were cheered by marijuana users who say the drug helps them
cope with diseases such as AIDS and cancer.
"These patients ... should not be going to jail," said Chuck Thomas of the
Marijuana Policy Project.
Five states and the District of Columbia have initiatives similar to
Proposition 215, the 1996 ballot measure that lets Californians with
doctors' notes grow and use marijuana for pain relief.
-------------------------------------------------------------------
Scientists High On Medical Benefits Of Marijuana
('The Toronto Globe And Mail' Version)
Date: Thu, 24 Sep 1998 21:50:50 PDT
From: Carey Ker (carey.ker@utoronto.ca)
Subject: Canada: Scientists high on medical benefits of marijuana
To: mattalk@islandnet.com
Source: The Globe and Mail, September 24, 1998, Page A6
Newshawk:carey.ker@utoronto.ca
contact: letters@GlobeAndMail.ca
Author: Carolyn Abraham, medical reporter
Scientists high on medical benefits of marijuana
* Study that verifies pot's pain killing potential expected to add spark to courtroom
battles
Science is assembling convincing evidence that Queen Victoria was not merely
catering to royal whim when she used marijuana to numb her menstrual cramps.
Resarchers at the University of California have discovered that cannabis triggers a
pain-suppressing circuit in the brains of rats, which demonstrates that the drug is
indeed a painkiller.
Marijuana has long been touted as a pain reliever, but controversy has remained
partly because it has been difficult to demonstrate that the drug has an analgesic,
or pain-diminishing effect.
But the San Francisco-based scientists, whose findings are in today's issue of the
weekly magazine Nature, conclude that the active ingredients in cannabis are
centrally acting analgesics.
Dr. Ian Meng said he suspects his team's findings could have far-reaching
implications. In the the growing marijuana debate, evidence in a respected journal
can soon become legal evidence in a courtroom.
"It's more than likely that people who say, 'I have to smoke a joint to relieve my
pain,' are telling the truth. We have to really ask ourselves if it's ethical to deny
them something that could relieve their pain," Dr. Meng said in an interview this
week.
Bill Corrigal, director of bio-behavioral research at the Centre for Addiction and
Mental Health in Toronto, said understanding the molecular impact of cannabinoids
on the brain could lead to a synthetic for of marijuana.
"If you talk about cannabinoids as medicine, people automatically think you want to
decriminalize marijuana, but it could be made into a pill in the future that could be
worthwhile," Dr. Corigall said.
Dr. Meng's team found that cannabinoids bind to certain brain-cell receptors and
prevent pain signals from travelling to the brain. Marijuana activates the part of the
brain called the rostral ventromedial medulla, or RVM, which controls the amount of
pain allowed to pass through the spinal cord.
Researchers conducted the test by giving rats a synthetic form of marijuana. They
evaluated the rats' response when their tails were placed over a halogen heat
source.
Rats who had not been given cannabinoids flicked their tails away in four seconds.
The other rats allowed their tails to remain until the 10-second cutoff, when
researchers removed their tails from the heat source for fear of tissue damage.
This showed the cannabinoids activated the same kind of neuron that morphine
activates.
Scientists also conducted a test measuring co-ordination, which deternined that the
rats given cannabinoids were not simply too impaired to react to pain.
Marijuana's side effects are milder than morphine, with a much lower risk of
addiction. As a result, the researchers said cannabinoids could be used in
combination to lower morphine dosages.
Dr. Corrigall said the dosage of marijuana as an analgesic, however, cannot be
regulated and ultimately people should not resort to smoking it to relieve their pain.
"This is the nineties and we know that smoking is bad for you, with all the other
carcinogens that come with it," he said.
-------------------------------------------------------------------
Cannabis Can Kill Pain, Say Experts (The Version In The Aberdeen, Scotland,
'Press And Journal' Says That Last Night, The Home Office Signalled
That The Government Would Amend Drug Laws If The Results Were Confirmed
And The Medicines Control Agency Issues Marketing Authorisation)
Date: Sat, 26 Sep 1998 08:38:11 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: UK: Cannabis Can Kill Pain, Say Experts
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: jmpetrie@wintermute.co.uk
Pubdate: 24 Sep 1998
Source: Press and Journal (Aberdeen, Scotland)
Contact: editor@pj.ajl.co.uk
Website: http://www.pressandjournal.co.uk/
CANNABIS CAN KILL PAIN, SAY EXPERTS
CANNABIS can kill pain, scientists confirmed last night.
They discovered that the drug acts on a circuit of the brain stem in a
similar way to morphine.
The results of the research -- published today in Nature magazine -- will
delight campaigners who want cannabis legalised for medical use.
Last night the Home Office signalled that the Government would amend drug
laws if the results are confirmed and the Medicines Control Agency issues
marketing authorisation.
Scientists at the University of California, found that cannabis acts in a
similar way to morphine in producing pain-relieving analgesia in a part of
the brain stem called the rostral ventromedial medulla.
Marijuana and its active constituent, D-9-THC, have been touted as
potential pain-relieving drugs, but until now there has been no conclusive
demonstration of this.
The House of Lords is due to report in November on cannabis and the Royal
Pharmaceutical Society is working on guidelines for research into the drug.
The British Medical Association wants the drug medically legalised.
A spokeswoman for the Home Office said: "If the benefits of cannabis-based
medicine are demonstrated scientifically and the marketing authorisation
was issued by the Medicines Control Agency, the Government would be looking
to propose amendments to the misuse of drugs legislation."
-------------------------------------------------------------------
Action Alert - 'The Los Angeles Times' And The Hemp Oil Defense
(A List Subscriber Says The West Coast's Largest Newspaper
Has Prohibited Its Employees From Consuming Health-Food Products
Made With Legal Hemp Seed Oil, Which The Body Converts Into Cannabis
Metabolites, Leading To Falsely Positive Urine Tests - The Cat's
Out Of The Bag - Please Write A Letter To The 'Times' Expressing
Your Disgust)
Date: Thu, 24 Sep 1998 02:24:00 EDT
Errors-To: jnr@insightweb.com
Reply-To: friends@freecannabis.org
Originator: friends@freecannabis.org
Sender: friends@freecannabis.org
From: theHEMPEROR@webtv.net (JR Irvin)
To: Multiple recipients of list (friends@freecannabis.org)
Subject: ACTION ALERT! LAT and the hemp oil defense
Action Alert! DISTRIBUTE!
This one is hot off our manager's reports.
Sept. 22nd-23rd
The LA Times announced to supervisors and managers that the LA Times
will not allow workers to consume legal hemp health nutritional
products.
The managers report stated that "Hemp oil, Hemp seed and seed sweatie
goodies will cause a positive drug test on accident related drug testing
programs within the Times". The report concluded that "employees are not
to eat these products".
The drug testing industry's own MRO alert in Jan. '98 warned
companies not to use this tactic for fear of "giving the game away".
and also said "(this) would probably enjoin employers from taking any
adverse employment action....when there is no independent cause to
suggest illegal marijuana use." Then with the last sentance of the MRO
report gloomily concludes "that knowledge becomes their ("Our")
automatic defense."
In recent months, two federal courts have ruled in favor of the Hemp
seed nutrition defense.
This article comes from the same paper that 5 months ago ran a headline
story stating "Marijuana proven as pain killer". Please write your letters
of disgust to the Times at
letters@latimes.com &
ocletters@latimes.com
The Times won't know what hit them. They just printed the reports yesterday.
Fire away!
JRI
----------included article------------
Hemp-Oil Urinalysis Acquittal Puts Piss-Testing in a Hard Place
An Air Force master sergeant's acquittal on urinalysis-based drug
charges has caused the drug-testing industry to gird for an anticipated
flood of litigation from non-drug users who have wrongfully lost their
jobs or been denied employment.
PLEASE DISTRIBUTE
In US v. Gaines, a military case involving a 41-year-old airman at Dover
Air Force Base in Delaware, all charges were dropped last December after
a toxicologist explained to the jury that the THC found by drug-testers
in his urine was attributable to the ordinary hemp-oil dietary
supplements, bought at a local grocery store, which he'd been taking
regularly for years. According to a report in last July's issue of The
Journal of Analytical Toxicology, "A dose consistent with the
manufacturer's recommendation of one to four tablespoons per day (15-60
mL) would be sufficient to cause a positive finding for cannabinoid
metabolites in a workplace urine drug-testing procedure designed to
detect marijuana use." (HighWitness News, Feb. '98 ['High Times'].)
The precedent established in the Gaines case, abetted by a growing body
of scientific evidence illustrating the forensic inadequacies of
commercial drug-testing, has deeply concerned the industry's proponents.
To its credit, the leading monthly newsletter directed toward
drug-testers has confronted the issue head-on.
MRO Alert, published by the American Association of Medical Review
Officers in Chapel Hill, NC, has devoted plenty of space in recent
issues to acknowledging the knotty scientific and ethical issues posed
by drug-testing's questionable reliability. Its target audience of
medical review officers--individuals hired by corporations and public
agencies to maintain the legal "confidentiality" of their drug-testing
programs--have been enjoying a crash course in constitutional law, among
other instructive topics.
"It could be argued that federally mandated drug-testing fails the
Supreme Court's constitutional test of reasonableness," the MRO Alert
cautioned in its January 1998 issue, "if drug-testing procedures cannot
distinguish between the use of commercially distributed hemp oil and
illegal use of marijuana." Citing the Gaines precedent, it suggested,
"Not only is there a prospective problem of prosecuting future
urinalysis cases, but there could well be new appeals filed on old cases
based on this new defense." This warning is directed primarily to
government agencies and contractors, who are required to follow a
modicum of scientific procedure to qualify for "a narrow exception to
the Fourth Amendment requirement that a search requires a warrant based
on probable cause." (Private employers who consider themselves
unburdened by Fourth Amendment constraints may ill-advisedly believe
they can use even shoddier drug-testing procedures.) "It is simply a
matter of time," predicted MRO Alert, "before federal drug-testing
programs will be legally challenged on this constitutional issue." A
well-reasoned challenge, it added, might result in a federal court
enjoining the practice entirely, and also "would probably enjoin
employers from taking any adverse employment action....when there is no
independent cause to suggest illegal marijuana use."
Last year, the federal Department of Transportation ruled that its
supervisors could not accept hempseed oil as an explanation of a
THC-positive test sample, because it would supposedly not qualify as a
"medical" explanation. Since untold numbers of non-drug-users are
currently taking regular doses of nutritional hemp oil for its proven
content of omega acids, though - and taking it in preference to less
easily digestible supplements, with the specific medical intention of
maintaining their health - the DoT's administrative ukase may not
vanquish basic legal challenges. "There is a reasonable expectation,"
MRO Alert considers, "that DoT's policy and drug-testing program may be
challenged on the basis of THC contamination and the reasonableness of
its policy.
"Companies might try ordering their employees to avoid certain general
health-food items as a condition of employment, of course - but then what
about the majority of non-drug-using employees who would be denied
access to all these perfectly legitimate articles of commerce? On the
other hand, specifically forbidding hemp-oil preparations would just
give the "game" away: "A prevalent concern about giving individuals
notice of hemp oil is," the MRO Alert gloomily concludes, "that
knowledge becomes their ("Our") automatic defense."
-- "Never doubt that a small group of thoughtful committed people can
change the world. Indeed it is the only thing that ever has." -
Margaret Mead
by: Arthur Livermore
alive@pacifier.com"
503-436-1882
HEMP SEED / OIL PERCENTAGE LAYOUT
In 1991 UCLA Biochemistry Dept. head Dr. Roberta Hamilton ED.D Ph.D
found that Hemp seed is the most nutritional food source so far
discovered by man.
* Essential Fatty Acids Per 1 tbsp = 14 g. Serving
(OIL ONLY)
Omega 6..................56.9% 7.96 g
(Linoleic acid *EFA)
Omega 3..................19% 2.66 g
(Alpha - linolenic acid *EFA)
GLA......................1.9% .266 g
(Post blocked Omega 6)
Omega 9..................12% 1.68 g
(Oleic acid)
Other fatty acids........10.1% 1.41 g
Nutritional info
Calories.................120
Calories from fat........120
% Daily Value based on 2000 calorie diet
Total Fat................14 g 22%
saturated................1 g 5%
Polyunsaturated..........10 g
Monounsaturated..........3 g
Cholesterol..............0 mg 0%
Sodium...................0 mg 0%
Carbohydrates............0 mg 0% *oil only
Protein..................0 mg 0% *oil only
Hemp "oil" is not a significant source of fiber, sugars, Vit. A, Vit. C,
calcium or iron
Hemp seed/oil is the most nutritional food source so far discovered by
man.
In 1991 Dr. Roberta Hamilton, head of the UCLA Biochemistry dept.
discovered that hemp seed oil contains ALL EFA's (Essential Fatty Acids)
And amino acids. This was the first food souce discovered to contain
all, and not to mention the oils were in the exact proportions needed
for the human body.
It's low in saturated fats at 8% of total volume, the oil contains 55%
linoleic acid (LA) and 25% linolenic acid (LNA) Only flax has more
linolenic acid at 58% but hemp has the highest in total amounts at 80%
of total volume.
These oils are essential for our immune system, and are the basis of our
cellular structure. Hemp seed protein is also 65% globulin edesin
(easily digestible) Only soy bean has a higher amount of protein, but
hemp seed protein is far more digestible. Hemp seed is also an extremely
high source of fiber.
It is said that a man can survive off of 2 grams of hemp seed with water
per day. In Australian history books it is said that between 1842-44 the
settlers near what is now Sydney report to have survived a 2 year
drought off only hemp seed and leaves for foliage and vitamin C.
Budhist's believe that Budha lived for 2-5 years off of 5 seeds per day
on his journey to enlightenment.
-- (JR Irvin)
-------------------------------------------------------------------
Fourth-Graders Suffer Illness After Possibly Ingesting LSD
('The San Jose Mercury News' Says Fourteen Youngsters Aged 9 And 10
In The Los Angeles Suburb Of Pacoima Got Sick Or Dizzy Or Began Hallucinating
Wednesday After A Girl Found A Box Containing A Powder And A Vial Of Liquid
Near Her Home And Shared It With Classmates)
Date: Sun, 27 Sep 1998 06:48:37 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Fourth-Graders Suffer Illness
After Possibly Ingesting Lsd
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Marcus/Mermelstein Family (mmfamily@ix.netcom.com)
Pubdate: Thu, 24 Sep 1998
Source: San Jose Mercury News (CA)
Contact: letters@sjmercury.com
Website: http://www.sjmercury.com/
FOURTH-GRADERS SUFFER ILLNESS AFTER POSSIBLY INGESTING LSD
LOS ANGELES (AP) -- Fourteen youngsters got sick or dizzy or began
hallucinating Wednesday when a fourth-grader brought what a doctor believed
to be LSD and shared it with classmates, authorities said.
Dr. Michael Sarti of Providence-Holy Cross told reporters he believes the
children tasted LSD, despite early reports the substance was cocaine. He
said some of the children ``were seeing colors and things that aren't there.
It sounds like an hallucinogen, like LSD. We had a hiatus on LSD, but it
seems to be coming back in vogue.''
The 9- and 10-year-old children tasted or ingested the substance at Haddon
Avenue Elementary School when a girl student passed it around, apparently
starting in the yard early in the day and later in class.
One child went home sick early in the day and 13 others were later taken to
two hospitals after illness began to spread. Three youngsters were
hospitalized overnight for observation.
Police said a preliminary investigation revealed that the girl found a box
containing a powder and a vial of liquid in a box near her Pacoima home.
Police Lt. Rick Papke said some of the children ingested the substance,
others merely licked it and were sickened.
``They were completely disoriented, acting irrationally,'' Papke said.
``Their symptoms were of those who had ingested a controlled substance.''
But late Wednesday it was still not known exactly what the substance was.
``The children believed it was cocaine,'' said Socorro Serrano, a
spokeswoman for the Los Angeles Unified School District. ``They passed it
around in the playground before school and out of curiosity started to taste
it.''
Edgar said the girl who brought the substance was among those affected.
``She was writing in her journal,'' the boy said. ``She said she had a hard
time spelling her name. It's because she was so dizzy.''
Parents gathered anxiously outside the school when word of the trouble
spread.
``This school is pretty safe,'' said Edwin Ramirez, a parent who volunteers
to help provide security at Haddon. ``The worst thing we've had here before
was a kid with a broken finger. I don't know how this could have happened.''
1997 - 1998 Mercury Center.
-------------------------------------------------------------------
ACLU Wants To Outlaw Officials Having To Take Drug Tests
(The Louisiana 'Advocate' Says The Louisiana Chapter Of The American Civil
Liberties Union Filed A Federal Lawsuit Wednesday Challenging
The Constitutionality Of A 1997 State Law That Requires Random
Drug Testing Of Elected Officials)
From: "W.H.E.N. - Bob Owen" (when@olywa.net)
To: "-News" (when@hemp.net)
Subject: ACLU against officials having to take piss tests
Date: Thu, 24 Sep 1998 20:36:33 -0700
Sender: owner-when@hemp.net
Source: The Advocate (La)
Pubdate: 9/24/98
Online: http://www.theadvocate.com
Feedback: comments@theadvocate.com
Writer: Joe Gyan Jr.
Newsjunkie: ccross@november.org
ACLU wants to outlaw officials having to take drug tests
NEW ORLEANS -- The Louisiana chapter of the American Civil Liberties
Union filed a federal lawsuit Wednesday challenging the
constitutionality of a portion of a 1997 state law that requires random
drug testing of elected officials.
***
[photo caption:] Attorney Sam Dalton, left, joins Joe Cook, executive
director of the state American Civil Liberties Union, center, and Phillip
O'Neill, a Jefferson Parish justice of the peace, at a Wednesday news
conference in New Orleans to discuss O'Neill's challenge to a state law
requiring elected officials to submit to random drug testing.
***
Rules for the drug tests were approved two weeks ago by a joint
legislative committee. Testing is scheduled to begin in January.
"The time is now ripe to stop this Orwellian nonsense before one
publicly elected official has to stand in line and pee for the state,"
Joe Cook, executive director of the ACLU of Louisiana, said during a
news conference called to announce the filing of the suit.
Ironically, the suit was randomly allotted to U.S. District Judge Ginger
Berrigan, a former Louisiana ACLU president. Cook said he does not think
the judge's past ACLU affiliation is grounds for her recusal.
The ACLU filed the suit on behalf of Jefferson Parish Justice of the
Peace Phillip O'Neill, 64, of Marrero. The ACLU hopes to have the suit
certified as a class action on behalf of the 4,000 elected officials in
the state. The named defendants are Gov. Mike Foster, the state Board of
Ethics, state Department of Health and Hospitals Secretary David Hood
and Commissioner of Administration Mark Drennen.
The Ethics Board was given the responsibility of adopting rules for
conducting the tests on elected officials.
"It chills the right of any citizen to run for elected office if they
know they will be subjected to the urine police," said Sam Dalton, a
cooperating ACLU attorney on the case. "You're going to lose a lot of
leaders if this keeps up, so we sued to stop it."
Cook said any elected officials who exercise their First Amendment
freedom of speech right by refusing to take the drug test, or Fourth
Amendment right to be free from unreasonable search and seizure, or
Fifth Amendment right not to incriminate themselves "will likely kiss
their public career good-bye."
"This is demeaning," added O'Neill, a lawyer and former LSU Law School
graduate. "It's not necessary."
The goal of the program is to test about 10 percent of Louisiana's 4,000
elected officials next year and gradually increase that number in
following years until about half of the elected officials are tested
each year.
The drug testing program for elected officials is just one part of a
far-reaching program pushed through the Legislature last year by Foster.
A program to test welfare recipients was started about two months ago,
and programs are being developed or studied for state employees, state
contractors and anyone who receives anything of value from the state,
including students who receive college scholarships or financial aid or
participate in the TOPS tuition program.
By Nov. 1, all state agencies under the governor are supposed to revise
their drug testing policies to include pre-employment checks, random
testing for state workers in safety-sensitive positions and tests in
cases where there is a reasonable suspicion of drug abuse.
Cook said the federal suit only challenged the constitutionality of drug
testing elected officials. He said the ACLU has the other aspects of the
law "under consideration."
The U.S. Supreme Court threw out a Georgia law last year that required
political candidates to pass drug tests, ruling that drug testing
politicians invades their privacy unless the government can prove a
"special need" to test them.
Foster has said he doubts many elected officials in Louisiana will test
positive for illegal drugs, but he thinks it's important to set an
example for the rest of the state.
"This lawsuit comes as no surprise to me," Foster said in a written
statement. "The ACLU has consistently criticized my efforts to implement
drug testing programs that I have always believed are effective methods
of deterring the use of illegal drugs. In my opinion, elected officials
should set an example for the rest of the state."
Earlier this year, Foster and other members of his staff got an
all-clear on drug tests they took.
The identity of an elected official who tests positive the first time
would be kept secret. A second test would be administered within six
months.
Once an elected official is randomly selected for drug testing, a notice
of the selection will be delivered by a commercial service. The official
will then have 32 hours after notification to take a urine test. If an
elected official refuses to show up for a test, the Ethics Board may
hold a public hearing and impose a fine of up to $10,000, along with a
public censure of the official.
Dalton said the ACLU is seeking a temporary restraining order because
the formal regulations spelling out the drug testing law are to be
published Oct. 20. Ultimately, he said, the ACLU is seeking to
permanently block the enforcement of the drug testing of elected
officials.
-------------------------------------------------------------------
Louisiana Justice Of The Peace Challenges Drug-Test Law
('The Associated Press' Version)
From: "W.H.E.N. - Bob Owen" (when@olywa.net)
To: "-News" (when@hemp.net)
Subject: LA JP challenges drug-test law
Date: Thu, 24 Sep 1998 20:27:23 -0700
Sender: owner-when@hemp.net
Louisiana JP challenges drug-test law
ACLU attorneys expect others to join in on suit
09/24/98
Associated Press
NEW ORLEANS - A Jefferson Parish justice of the peace has challenged the
state's new law requiring elected officials to submit to random drug
testing.
Philip O'Neill, 64, of Marrero agreed to put his name on the case, ending
the yearlong search by the ACLU to find an elected official to serve as
plaintiff.
Mr. O'Neill's lawyers expect several others to join the suit, which seeks a
temporary restraining order to block the program from taking effect Jan. 1.
"This is demeaning," Mr. O'Neill said at a press conference on Wednesday.
"I've never been involved in any drugs. I don't even smoke.
"Somebody has to stand up. If you don't fight for your rights, we will end
up with a police state. I'm doing this for you and your children."
The case was assigned to U.S. District Judge Ginger Berrigan.
The lawsuit, which seeks class-action status on behalf of the state's 4,000
elected officials, says the law violates the constitutional right to freedom
of speech, to be free from unreasonable search and seizure, and not to
incriminate one's self.
"We're going to lose a lot of good leaders if this keeps up," said Sam
Dalton, Mr. O'Neill's attorney. "Political candidates cannot be tested as a
qualification for office."
The Legislature, at Gov. Mike Foster's urging, passed the law last year to
test appointed and elected state officials, employees and welfare
recipients. The measure passed overwhelmingly, but some lawmakers questioned
the constitutionality.
"This lawsuit comes as no surprise to me," said Mr. Foster in a written
statement. "The ACLU has consistently criticized my efforts to implement
drug testing programs that I have always believed are effective methods of
deterring the use of illegal drugs. In my opinion, elected officials should
set an example for the rest of the state."
Earlier this month, a joint House-Senate committee gave final approval to
rules that will govern the law. The rules were to take effect Oct. 20 but
will probably be delayed because no firm has been hired to conduct the
tests.
Mr. Foster's policy director, Andy Kopplin, said he expected the program to
get under way in December or January unless the lawsuit stops it.
Under the rules, 10 percent of elected officials each year will be chosen at
random for the tests. An official faces a $10,000 fine and censure if he
refuses to submit to testing. Results will be kept private. When drugs are
detected, a second test will be administered some time in the next six
months. If the second test shows positive, the official's identity would
become public.
Mr. Dalton said the law does not solve the drug problem.
"All we're doing is chipping away at our constitutional rights, slowly," he
said. "If allowed to continue, we will still have the drug problem but no
constitutional freedoms."
"Some people argue that if you don't use drugs, you have nothing to hide, so
why object," said Joe Cook of the ACLU. "Innocent people do have something
to hide - their private life."
-------------------------------------------------------------------
DARE And "Banned Books Week" (An insightful list subscriber
notes the American Booksellers Association, the American Library Association
and other groups have been promoting literature for 17 years using the
"forbidden fruit" syndrome. He suggests drug policy reformers should take
advantage of the annual weeklong event to point out how the Drug Abuse
Resistance Education program works the same way to promote drug use among
children.)
Date: Thu, 24 Sep 1998 07:58:27 -0500 (CDT)
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
From: Bob Ramsey (rmz@FLASH.NET)
Subject: D.A.R.E. and "Banned Books Week"
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org
Somebody might find fodder for some LTE's in this comment. I'm looking at
the "Friends of the Library" newsletter. More info must be available on
the web.
-Bob R
***
September 26 - October 3 is the 17th annual "Banned Books Week: Celebrating
the Freedom to Read."
The event is used to promote libraries throughout the nation. It is
sponsored by the American Booksellers Association, the American Library
Association, the American Society of Jounalists and Authors, the Library of
Congress, and others.
As a promotional event, it is based upon the "Forbidden Fruit" syndrome.
That is, if you tell people they can't have something, they become curious
and want it more.
This month also marks the beginning of the new school year. Many school
boards are facing criticism of the D.A.R.E. program. The program is
conducted by people with no teaching credentials, its curriculum is
withheld from parents as some kind of secret, and multiple studies have
shown it doesn't work.
Many parents object to sex education, saying it keeps sex in the forefront
of kids' minds, making them want to do it. The American Library
Association has based its publicity campaign on this phenomenon for
seventeen years. Why don't we examine its potential to make kids more
interested in drugs?
-------------------------------------------------------------------
Immediate Action Required - Oppose Juvenile Crime Package (A Bulletin
From The Media Awareness Project/DrugSense Urges You To Call, Write
Or Fax Your US Senators, Asking Them To Reject A Draconian Bill
That Would Force Expulsion Of Children Possessing Small Amounts
Of Drugs From Schools, Incarcerate Children As Young As 13
With Adult Inmates, Remove Judicial Discretion, And Allocate $450 Million
To Prisons But Only $50 Million To $100 Million For Prevention,
Mentoring And Educational Programs)
Date: Thu, 24 Sep 1998 17:17:54 -0700
To: kendra@drugsense.org
From: "Charles P. Conrad" (cpconrad@twow.com)
Subject: URGENT--Focus Alert #80 Sept. 24, 1998
IMMEDIATE ACTION REQUIRED
OPPOSE JUVENILE CRIME PACKAGE
While they think we aren't looking, U.S. House and Senate leaders are
trying to sneak through draconian legislation which would:
· force school expulsion of children possessing small amounts of drugs.
· incarcerate children with adult inmates.
· lock up children as young as 13 who are arrested for non-crimes such
as truancy, curfew and traffic violations in jails without adequate
protection from adult inmates. This legislation would even allow victims
such as abused and neglected children to be put in adult jails.
· remove judicial discretion to consider the individual facts of each
case and the juvenile's role in the offense during sentencing.
· allocate $450 to $500 million to incarcerate children, and only $50 to
$100 million for prevention, mentoring and educational programs.
***
YOU CAN MAKE A DIFFERENCE!
This bill could go for a vote as early as this coming Tuesday. We can
stop it from passing into law, but your immediate action is required!
Your SENATORS are the ones to target (the House has already passed
this legislation)!
1. WRITE your SENATORS to express your opposition to the Violent and
Repeat Juvenile Offender Act (S. 10). Fax or email your Senators for
FREE via ACLU's FREE FAX AND EMAIL SERVICE at:
http://www.aclu.org/action/juvenile.html
You may use the message ACLU has already written for you or customize
your own message. By typing in your own address and zipcode, the message
will automatically be sent to your Congressman and Senators (remember to
click "Add Senators" button). This is a vital action!
2. CALL your Senators. Each state's Senators can be reached by calling
(202) 224-3121. This is a vital action! (See talking points at the end
of this email.)
3. WRITE LTEs to your local major daily papers. So far the media has
been good on this issue. Many of the national papers have already
published pieces opposing the juvenile justice package. But, Senators
read the major papers from their own states; Write an LTE to yours.
This is an important action, but it is not as vital as calling, faxing
and emailing your Senators' offices. (See points to incorporate in your
at the end of this email.)
WRITE OR CALL TODAY
It's not what others do it's what YOU do
***
PLEASE SEND US A COPY OF YOUR LETTER OR TELL US WHAT YOU DID (Letter,
phone, fax or email)
Please post your letters or report your action to the MAPTalk list if
you are subscribed, or email a copy directly to MGreer@mapinc.org
***
TALKING POINTS FOR CALLS TO SENATE OFFICES & LTEs to STATE PAPERS
NOTE: ALWAYS INCLUDE YOUR NAME, CITY, STATE AND PHONE NUMBER ON LTEs
(your phone number will never be published but is required by most
papers to verify authorship)
Expelling children from school is likely to worsen the behavior we wish
to prevent and deny them the treatment or counseling these children may
need. Often drug use is a sign of other problems including low
self-esteem, a lack of role models, boredom and sometimes physical
or emotional abuse. By removing these children from the structured and
supportive environment of school we do nothing to solve problems,
indeed, it is likely to make the problems worse.
Children in adult jails are 8 times more likely to commit suicide and 5
times more likely to be sexually assaulted. A recent poll conducted by
the Opinion Research Corporation International (ORCI) found that
two-thirds of respondents oppose holding youths in adult jails.
This legislation promises to drastically under-fund prevention programs
despite a 1996 study conducted by the Substance Abuse Mental Health
Services Administration (SAMHSA) and the U.S. Department of Health and
Human Services (HHS) which concluded this kind of "alternative
programming appears to be the most effective among those youth at
greatest risk for substance abuse and related problems."
The better course is to invest in our children. We need cost-effective,
front-end solutions to these complex juvenile justice problems. We must
educate, appreciate and incorporate children into society.
WRITE AND CALL AWAY!
Thank you for responding to this action call. Your participation will
help us stop this harmful legislation which would feed the Drug War
machine.
Thank you!
***
Mark Greer
DrugSense
MGreer@mapinc.org
http://www.DrugSense.org/
http://www.mapinc.org
-------------------------------------------------------------------
Where's The Drug Crime? (A List Subscriber Forwards A Piece
Of Propaganda From The National Center For Policy Analysis,
'Punishment Helping Reduce Crime,' Which Claims It's Necessary
For The United States To Have A Correctional Population
Of More Than 5 Million In Order To Have A Favorable Impact On Violence
And Property Crime - But The NCPA Fails To Apply The Same Statistical Methods
To The Largest Single Category Of Crime, Involving Drug Offenses)
Date: Fri, 25 Sep 1998 16:36:21 -0500
From: Arthur Sobey (asobey@ncfcomm.com)
Reply-To: asobey@ncfcomm.com
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
Subject: Check this out...where's drug crime?
Sender: owner-drctalk@drcnet.org
National Center for Policy Analysis
http://www.ncpa.org
http://www.ncpa.org/press/crime902pr.html
24 September, 1998
Punishment Helping Reduce Crime
Serious crime in the United States soared to alarming heights beginning
in the 1960s, but began leveling off in the 1980s and has declined by
one-third during the 1990s. Every category of violent crime has
decreased since 1993. Last year, serious crime reported to the police
was only 5 percent above the rates for 1970, and in many cities across
the country, it matched the crime rates of the 1960s.
A major reason for this reduction in crime is that crime has become more
costly to the perpetrators. The likelihood of going to prison for
committing any type of major crime has increased substantially. Since
1993:
•The murder rate has dropped 30 percent, as the probability of going to
prison for murder has risen 53 percent.
•Rape has decreased 14 percent, as the probability of imprisonment has
increased 12 percent.
•Robbery has decreased 29 percent, as the probability of imprisonment
has increased 28 percent.
•Aggravated assault has decreased 14 percent, as the probability of
imprisonment has increased 27 percent.
•Burglary has decreased 18 percent, as the probability of imprisonment
has increased 14 percent.
Moreover, once in prison, criminals are staying there longer. The median
prison sentence served has risen for every category of serious crime
except aggravated assault.
The best overall measure of the potential cost to a criminal of
committing crimes is "expected punishment." Roughly speaking, expected
punishment is the number of days in prison a criminal can expect to
serve for committing a crime. It is determined by the probabilities of
being apprehended, prosecuted, convicted and sentenced, and the median
sentence for each crime. Even today, it's amazing how low expected
punishment is.
•For every murder committed, someone spends only 37 months in prison.
•Expected punishment for rape is only 119 prison days, for robbery 52
days, for serious assault 13 days and for burglary 8 days.
•For every motor vehicle stolen, someone spends only two days in prison.
Nonetheless, expected punishment is significantly greater than it was in
1980 for every category of serious crime.
•Between 1980 and 1996, expected punishment more than doubled for murder
and nearly tripled for rape.
•It doubled for burglary and nearly did so for larceny/theft and auto
theft.
Evidence shows that potential criminals respond to incentives. Crime
increases when expected punishment declines, and vice versa. Between
1950 and 1980, expected punishment declined more-or-less continuously
from an average of seven weeks for every serious crime committed to only
10 days - an 80 percent drop. In response, the serious crime rate more
than quadrupled during those years. In the 1980s, expected punishment
began to increase, accompanied by the leveling off and then a decline in
the serious crime rate. Between 1980 and 1996, expected punishment for
serious crimes increased from 10.1 to 21.7 prison days, a 115 percent
increase, and serious crime declined. The experience of our two most
populous states - California and Texas - confirms the negative
association between crime and expected punishment.
•During the 1980s, California increased its prison population at a rate
faster than the nation and experienced a decline in serious crime
relative to that of the nation.
•Texas, meanwhile, lagged in the growth of its prison population and its
rate of serious crime shot up relative to that of the nation.
•The opposite has occurred during the 1990s, as Texas has enjoyed a 33
percent decline in serious crime while sharply increasing its prison
population to the highest rate in the nation.
•By contrast, the growth in California's prison population has leveled
off and now trails the national average, and California consequently is
making only modest progress against serious crime.
If we are to succeed in achieving an even lower crime rate, we must
continue to make crime less profitable by further increasing expected
punishment. To achieve that goal there are several options. Expected
punishment will increase as we:
•increase the proportion of reported crimes cleared by arrest, •increase
the proportion of the accused who are prosecuted, •increase the
proportion of those prosecuted who are convicted, •increase the fraction
of those convicted who are sentenced to prison, and •increase the
average prison time served.
All these options are expensive in the short run. A higher arrest rate
requires more money for police staffing, equipment and procedures.
Higher conviction and sentencing rates require more resources for
prosecution and criminal courts. All three require more prison space.
But a tough approach pays, especially over the long run. As the odds
worsen for criminals, crimes decline and the same numbers of arrests and
convictions begin to reduce the odds favoring criminals.
Although the cost of building and maintaining more prisons is high, the
cost of not doing so appears to be higher. One study found that each
additional prisoner incarcerated reduces the number of crimes by
approximately 15 per year, and yields a social benefit of at least
$53,900 annually. Thus, even at $25,000 a year, the cost of keeping the
average criminal in prison is worthwhile.
for more info goto:
-------------------------------------------------------------------
Medical Cannabis May Be OK, Says Hellawell (Britain's 'Daily Mail'
Says Keith Hellawell, The Labour Government's Drugs Czar,
Backed The Legalisation Of Cannabis For Medical Uses Yesterday,
Saying There 'May Be Justification In Certain Circumstances' For The Drug
To Be Used To Help Those Suffering From Some Serious Illnesses - His Remarks
Were Taken As A Powerful Hint That Ministers Are Prepared
To Back Legalisation If Trials Now Under Way Support Doctors' Claims)
Date: Thu, 1 Oct 1998 15:23:59 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: UK: Medical Cannabis May Be OK, Says Hellawell
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: shug@shug.co.uk
Source: Daily Mail (UK)
Contact: letters@dailymail.co.uk
Pubdate: Thur, 24 Sep 1998
Author: Steve Doughty
MEDICAL CANNABIS MAY BE OK, SAYS HELLAWELL
THE legalisation of cannabis for medical uses was yesterday backed by the
Government's drugs czar.
Keith Hellawell said that there 'may be justification in certain
circumstances' for the drug to be used to help those suffering from some
serious illnesses.
The former police chief, chosen by the Prime Minister to head the nationwide
anti-drugs battle, said that if cannabis could help relieve pain, 'no
government would block legalisation on its use'. It is the first time he has
indicated support for a change in the law -he has always opposed
decriminilisation of the drug.
Mr Hellawell's remarks were taken as a powerful hint that Ministers are
prepared to back legalisation if trials now under way support doctors'
claims that cannabis can help those suffering from serious diseases. The
views of the ex-chief constable are certain to be welcomed by those
campaigning for the full decriminalisation of the drug. Medical use is seen
as a step towards its availability.
Mr Hellawell spoke out in an interview with the civil servant's magazine
Public Service after a Home Office decision to allow experiments to examine
whether cannabis really does ease the pain of the chronically-ill.
He said: 'There may be justification in certain circumstances for certain
derivatives of cannabis to be used on medical grounds.
'There may well be use for multiple sclerosis.' In 1960, when the medical
profession was asked about decriminalisation they thought that cannabis was
of little or no value in treating M.S patients and that other drugs were far
better, added Mr Helawell.
Now national polls showed a slight majority in favour of making the drug
legal for medical reasons.
However, the former Chief Constable of West Yorkshire, appointed a year ago
as UK Anti-Drugs Co-ordinator, opposes the legalisation of cannabis for
those seeking pleasure or relaxation.
*Campaigners for the legalisation of cannabis for medical use received a
boost yesterday with the publication of research proving the drug can
relieve pain.
Scientists at the University of California, San Francisco, say they have
isolated a brainstem circuit which acts in suppressing pain during the use
of both morphine and cannabis.
-------------------------------------------------------------------
[End]
to the 1998 Daily News index for September 24-30