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Medical marijuana - Despite Doubts, Yes (A staff editorial
in The Albany Democrat-Herald, in Oregon, again endorses
Ballot Measure 67.)
Date: Tue, 20 Oct 1998 20:41:09 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: OPED: MMJ: Medical marijuana: Despite Doubts, Yes
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Olafur Brentmar
Pubdate: Mon, 19 Oct 1998
Source: Albany Democrat-Herald (OR)
Contact: albanydh@proaxis.com
Website: http://www.gtconnect.com/dhonline/index.html
Copyright: Lee Enterprises
Author: Hasso Hering, Editor
MEDICAL MARIJUANA: DESPITE DOUBTS, YES
We are faced with plenty of conflicting advice on the medical marijuana
initiative, Ballot Measure 67. In the face of uncertainty, the question
ought to be resolved in favor of suffering people who say that smoking
marijuana is the only thing that relieves their vomiting or pain.
Most of us are not in that unhappy boat. Most of us are not in wheelchairs,
don't have treatments for AIDS or cancer and have not been afflicted by the
various other ailments mentioned in the measure.
We do know, from the Voters' Pamphlet, that doctors are sharply divided on
the question of whether smoking marijuana does any good. Some say it's a
hoax and a scam. Others say there's something to it, and they would like
marijuana to be available to some of their patients, including people close
to death, whose pain and discomfort conventional medications have failed to
relieve.
We have the strong recommendations against the measure from law
enforcement, including Linn County Sheriff Dave Burright. These are serious
objections. The police and others dealing with troubled youngsters worry
that when marijuana is labeled as "medicine," it will be harder to dissuade
kids form picking it up. And they say it will be impossible to enforce the
law against it, condemning who knows how many young people to lives
dependent on drugs and crime.
From the language of the measure itself, it does not have to be that way.
The measure leaves the marijuana laws intact. It makes an exception only
for people whose doctors state that it might help them and who then get a
certificate from the Health Division.
The measure does have potential problems. It requires a permit from the
Health Division but then says even if you don't have a permit, you can try
the medical defense in court if you're charged. It limits the amounts of
medical marijuana a certified person may possess - up to an ounce, three
mature and four immature plants - but then says if he has more and is
caught, he can try to prove that it was medically necessary to have more.
This ambiguity may well complicate the first few cases coming before the
courts. But the courts can straighten that out with a few precedent-setting
verdicts.
Despite the worries, despite the possible complications with enforcement,
if some doctors say and patients confirm from their own experience that
marijuana can help relieve certain forms of suffering where other forms
have failed, the law should not stand in the way. (hh)
-------------------------------------------------------------------
'Medicinal' marijuana confronts voters (The Dalles Chronicle, in The Dalles,
Oregon, prints pro and con articles about Measure 67. The "pro" piece focuses
on a local quadriplegic suffering from severe spasms, and the "con" features
a remarkably ignorant local physician spouting baseless drug warrior
propaganda. "Zachery," the quadriplegic, estimates 75 percent of the
paraplegics and quadriplegics he knows already use pot to control their
spasms.)
From: "sburbank" (sburbank@orednet.org)
Subject: The Dalles Chronicle on Measure 67
Date: Sat, 24 Oct 1998 14:45:43 -0700
In The Dalles Chronicle the article about measure 67 came in three parts.
Sandee
***
The Dalles Chronicle
Monday, October 19, 1998 page A-1
'Medicinal' marijuana confronts voters
Local resident says pot use eases his pain
by NEAT CECIL
of the Chronicle
The spasms were so bad that even doctors considered them impressive.
To dull the terrible pain, "Zachery," a quadriplegic, was taking all the
heavy hitters of the prescription drug world: morphine, Demerol, Valium.
But Zachary (not his real name) was able to get off almost all those
mind-numbing drugs by switching to a simple, time-honored remedy;
marijuana.
On Nov. 3, Oregon voters will decide, through Ballot Measure 67, whether
marijuana should come out of the closet and be openly used for medical
purposes.
It is already widely, but covertly, used medicinally, Zachary said. He
estimates 75 percent of the paraplegics and quadriplegics he knows use pot
to control their spasms.
Zachary smokes pot daily, if he can get it, for the spasms and a pinched
nerve.
For years he was an occasional pot smoker, but quit about three years
ago, because he didn't like how he felt when he smoked pot: sort of
paranoid about going out in public.
But about two months ago, he started getting horrible spasms. "When
they start going they just pick up momentum, I can't breathe. I just catch
my breath between them. Have you seen The Exorcist? It's exactly like
that."
The spasms--which were about 8 or 9 on a pain scale of 1 to 10--were
almost intolerable.
"From about my nipple line down, my whole body is jumping in bed; I
mean, clear up off the bed and slamming me back down, and I'm just bouncing
around. It's like having an epileptic fir and being wide awake for it."
He was put on morphine and Valium, but didn't like them for several
reasons: they damage internal organs, can be highly addictive, and they
make him "zone out."
He tried the pill form of pot, but it "did absolutely nothing. I don't
know what the difference is (from smoked pot) but there's some difference
somewhere."
Finally, he switched to smoked pot about two and a half weeks ago. It
stopped the spasms "dead cold."
Now, he's off almost all the painkillers, except for a bit of morphine
he takes at bedtime.
He wants pot legalized for medical uses because he hopes the price may
go down. Now he pays $40 for an eighth of an ounce of pot, which lasts him
about a week.
When he's taking pot, his legs can even be moved and it doesn't trigger
a spasm.
The success he's had with pot has made him adamant about Measure 67.
"It just absolutely has to be passed, some way somehow, it has to be
passed."
"I think it should be told, finally. I know that a lot of guys won't
bring it up, but it's too expensive for me to buy so I'd rather see if I
could get it through a pharmacy."
Actually, if medical marijuana is approved in Oregon, it would not be
controlled through prescriptions and sold through pharmacies because
federal law does not recognize marijuana as a drug with therapeutic
properties.
While friends help Zachary secure pot, he smokes it by himself, "so no
one else can get in trouble."
He has to be furtive in his smoking, since he lives in a care facility
in the Mid-Columbia. "You just gotta do what you gotta do, that's what I
learned (since becoming quadriplegic)."
He's been paralyzed for over 10 years. Zachary is motivated not only by
hopefully lower costs, but what he sees as the illogical set of
circumstances that, under law, "I can get so drunk I fall out of my chair,
but I can't have a few tokes (of pot)."
He was once at a spinal chord clinic on the West Coast, and brought up
the subject of marijuana to a nurse.
"She said, Ohh, shhh. We don't talk about that around here. Our
administrator is deathly against.' And I said, 'What did he do, watch
Reefer Madness or something?' That is the funniest show, I ain't kidding
you. People go crazy, jumping off building, doing all kinds of weird
things."
As for people who oppose the idea of using marijuana for medical
purposes, he said, "I just say, you try to live with these spasms and my
pain for awhile and see how long it takes you to smoke it, you'd be on it
like right now."
***
Critics: Measure unneeded
By NEITA CECIL
Marijuana as a medical tool rates a big fat zero from one local doctor.
"My feeling is that medical marijuana in not necessary because we have a
multitude of medications that work," said Dr. Fran Yuhas of The Dalles.
"And I think it's a slippery slope, I don't support that."
Top local law officers- Wasco County sheriff and district attorney- also
strongly oppose Oregon's Nov. 3 medical marijuana measure, saying it's
essentially a means to legalize marijuana use.
Yuhas has prescribed the pill form of marijuana to certain patients
under specific conditions. But she is thoroughly opposed to smoking. "I
can't feature why that would be a good idea."
A group of people likely to smoke marijuana, those with AIDS, already
have weakened immune systems, and marijuana "is well known to carry
funguses that will kill them off, " she said.
"I haven't found a cancer patient yet that I can't help with one thing
or another," she said, and there have been "wonderful" new drugs introduced
in the last six months that have helped.
With marijuana, it's a significant unknown-beyond the known pathogens
and funguses, she said, "I just don't think it's indicated and you can't
control dosage and you don't know where it came from and whether it's
deteriorated from sitting in the sun."
Wasco County District Attorney Bernie Smith feels the measure "is just
an open door to marijuana use and abuse."
"It gives lots and lots of openings for people. Even if they don't
bother to get an authorization from a doctor there are weasel words in
there for them to still claim they were doing it for medical reasons. I
think it would make it legal across the board in Oregon."
He said times have changed when it comes to marijuana. "It was harmful
then, but it was fairly minor amounts of the effective chemical. Now
they've bred varieties, it's really potent stuff now. I think a lot of
people in the state are naive that marijuana is an innocent little drug
that a few people with glaucoma might try to use."
Wasco County Sheriff Darrell Hill said the measure is vague in one way -
"what does 'severe pain' mean?" - but transparent in another way: "It's
not about medicine, it's about legalizing marijuana."
If it passes, it will "just be an open market for it, and it's proven
that it dulls the senses. Look at what alcohol does to our young people
and then add marijuana to all that under the pretext of medicine."
If marijuana is legalized under this format, it would probably
effectively nullify any laws against marijuana.
"It will make it real difficult (to enforce the laws against possessing,
delivering or producing marijuana). It won't be cut and dried or black and
white. It will have all these conditions that we have to watch out. How
do you tell if someone has a debilitating medical condition. I mean, what
is that?"
It would have a variety of impacts, especially since medical marijuana
users could use it on the job. "How does it increase the sick time, how
does it increase the accidents? Who knows? There's never been a study
done on that. Look at the problems we have with alcohol in the
workplace...why would we want to add that?"
***
[A separate green colored box contained this information - Sandee]
MEASURE 67
Measure 67 would exempt from criminal prosecution people who possess and
grow marijuana for medical purposes.
They would need a physician's statement that they have a debilitating
medical condition and using marijuana may mitigate the symptoms. They
would have to get a registry identification card, or permit, from the
Oregon Health Division, for a fee.
Debilitating medical conditions include cancer, glaucoma, HIV, and AIDS
and having severe pain, severe nausea, seizures. spasms and any other
condition approved, on request, by the state health department.
However, people without the permit who are charged with a
marijuana-related crime can mount the defense that they were using it for
medical reasons.
People with the permit would be allowed to have three mature marijuana
plants, four immature plants and one ounce of dried marijuana for each
mature plant they have.
The registered marijuana users would not be able to drive on marijuana
and could not use it in public places. They could not deliver marijuana to
anyone who doesn't have a registry card and they could not sell marijuana
to anyone.
The measure does not require an employer to accommodate the medical use
of marijuana in the workplace, or require public or private health insurers
to reimburse costs. The measure does not require any pharmaceutical
control - that is, it allows people with registry cards to grow and use
marijuana at their own discretion.
***
The Dalles Chronicle
PO Box 903
The Dalles, Oregon 97058
phone 541-296-4161
fax 541-298-1365
no email address
-------------------------------------------------------------------
Medical marijuana - Yes (The Tri-City Herald
in eastern Washington state endorses Initiative 692)
Subject: HT: Tri-City Herald Endorses 692
Date: Mon, 19 Oct 98 09:16:32 -0700
From: YES on 692 (cdpr@eventure.com)
To: "Hemp Talk" (hemp-talk@hemp.net)
Sender: owner-hemp-talk@hemp.net
Medical marijuana: Yes
Last year, the Herald urged a "no" vote on an initiative that would have
authorized the use of medical marijuana because it would have
decriminalized marijuana possession.
Dr. Rob Killian, a family physician who has seen marijuana's benefits
work on patients with terminal and debilitating illnesses, took the
initiative's defeat as a sign it needed some work. He eliminated the part
that would have released prisoners convicted merely of drug possession
from jail.
The new measure, Initiative 692, is a specific, no-nonsense solution to a
disagreement between the law and an increasing consensus in the medical
community. It would legalize use of marijuana by patients with certain
terminal or debilitating illnesses, such as cancer, AIDS, multiple
sclerosis, glaucoma and pain not relieved by other medications. It would
also permit physicians to advise patients about medical use of marijuana
and sets reasonable restrictions on when it can be used and how much a
patient can keep on hand.
The Herald believes marijuana use should remain illegal and subject to
penalty as it is now, but this initiative provides a narrow exception
that is appropriate for a few suffering people.
Historically, the Herald has urged this change in the law, supporting
medical use of whatever drugs are found by the professional medical
community to be effective. We hope that Congress will amend its laws so
marijuana can be treated as a controlled medical substance for purposes
of distribution.
Although the Herald does not generally support initiatives, this measure
is specific enough in its objective to merit our support.
Vote "yes" on I-692.
***
Timothy W. Killian
Campaign Manager
Initiative 692
Washington Citizens for Medical Rights
em: cdpr@eventure.com
url: http://www.eventure.com/I692
Postal Box 2346
Seattle, WA 98111
ph: 206.781-7716
fx: 206.324.3101
***
hemp-talk - hemp-talk@hemp.net is a discussion/information
list about hemp politics in Washington State. To unsubscribe, send
e-mail to majordomo@hemp.net with the text "unsubscribe hemp-talk".
For more details see http://www.hemp.net/lists.html
-------------------------------------------------------------------
California Pot Club Closed by Feds (The Associated Press
says the Oakland Cannabis Buyers' Cooperative closed voluntarily today
after the 9th US Circuit Court of Appeals, without comment, denied
its request to remain open while it appealed a federal judge's ruling
finding it in contempt for continuing to distribute medical marijuana
in violation of federal law.)
From: LawBerger@aol.com
Date: Mon, 19 Oct 1998 21:27:11 EDT
To: dpfor@drugsense.org
Subject: DPFOR: Fwd: Calif. Pot Club Closed by Feds
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/
From: AOLNews@aol.com
Subject: Calif. Pot Club Closed by Feds
Date: Mon, 19 Oct 1998 20:57:03 EDT
Calif. Pot Club Closed by Feds
.c The Associated Press
OAKLAND, Calif. (AP) -- California's largest remaining medical marijuana club
was closed Monday by a court order obtained by the Clinton administration's
Justice Department.
The 9th U.S. Circuit Court of Appeals, without comment, denied a request by
the Oakland Cannabis Buyers' Cooperative to remain open during an appeal of a
federal judge's ruling finding the club in contempt of court for continuing to
distribute marijuana in violation of federal law.
Shortly before the 5 p.m. deadline, leaders of the organization started
carrying out boxes of files and said they were closing voluntarily and
cooperating with federal marshals.
Jeff Jones, executive director of the club, issued a statement saying
Californians who backed Proposition 215, the November 1996 medical marijuana
initiative, ``have had their votes nullified today by the efforts of a heavy-
handed and misguided federal government.''
The club, which claimed 2,200 patients as members, was one of six in Northern
California sued by the Justice Department for violating the federal law
against distribution of marijuana. Of the six, only clubs in Ukiah and Fairfax
remain open, along with a handful of others around the state.
Proposition 215 allowed patients and their caregivers to possess and grow
marijuana without prosecution under California law, if recommended by a doctor
to relieve the pain from AIDS or cancer treatment, glaucoma or other
conditions.
The initiative had no effect, however, on federal laws against distribution of
marijuana.
AP-NY-10-19-98 2055EDT
Copyright 1998 The Associated Press. The information contained in the AP
news report may not be published, broadcast, rewritten or otherwise
distributed without prior written authority of The Associated Press.
-------------------------------------------------------------------
Oakland marijuana club closed by feds (A lengthier Associated Press account
from sfgate.com)
Date: Mon, 19 Oct 1998 20:34:18 -0500
From: "Frank S. World" (compassion23@geocities.com)
Reply-To: compassion23@geocities.com
Organization: Rx Cannabis Now!
http://www.geocities.com/CapitolHill/Lobby/7417/
To: DRCNet Medical Marijuana Forum (medmj@drcnet.org)
Subject: SFGATE BREAKING NEWS: Oakland marijuana club closed by feds
Sender: owner-medmj@drcnet.org
OAKLAND MARIJUANA CLUB CLOSED BY FEDS
Monday, October 19, 1998
URL:
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/1998/10/19/state2039EDT0097.DTL
(10-19) 20:39 EDT OAKLAND, Calif. (AP) -- California's largest remaining
medical marijuana club was closed Monday by a court order obtained by the
Clinton administration's Justice Department.
The 9th U.S. Circuit Court of Appeals, without comment, denied a request by
the Oakland Cannabis Buyers' Cooperative to remain open during an appeal of
a federal judge's ruling finding the club in contempt of court for
continuing to distribute marijuana in violation of federal law.
Shortly before the 5 p.m. deadline, leaders of the organization started
carrying out boxes of files and said they were closing voluntarily and
cooperating with federal marshals.
Jeff Jones, executive director of the club, issued a statement saying
Californians who backed Proposition 215, the November 1996 medical marijuana
initiative, ``have had their votes nullified today by the efforts of a
heavy-handed and misguided federal government.''
``We fear for our patients,'' Jones said. He said he would work with city
officials to try to find a way to distribute the drug to patients who need
it, and would form a political action committee to lobby the federal
government to lift restrictions on medical marijuana.
The club, which claimed 2,200 patients as members, was one of six in
Northern California sued by the Justice Department for violating the federal
law against distribution of marijuana. Of the six, only clubs in Ukiah and
Fairfax remain open, along with a handful of others around the state.
Proposition 215 allowed patients and their caregivers to possess and grow
marijuana without prosecution under California law, if recommended by a
doctor to relieve the pain from AIDS or cancer treatment, glaucoma or other
conditions.
The initiative had no effect, however, on federal laws against distribution
of marijuana. The federal government puts marijuana in the same category as
the most dangerous drugs and says it has no medical use.
Breyer issued an injunction in May to prohibit the clubs from distributing
marijuana. Oakland city officials responded by designating marijuana club
officials as city agents, and invoking a federal law that protects state and
local officers from liability while enforcing drug laws. But Breyer said the
club was violating the drug law, not enforcing it.
He did not order an immediate shutdown until last week, after federal agents
presented evidence of continued marijuana distribution at the Oakland club.
In challenging the shutdown, lawyers for the club argued that patients had a
constitutional right to be free of excruciating pain with their medication
of choice. They also invoked the ``necessity'' defense, which allows a
person to violate a law when it is the only way to prevent a greater harm.
But Breyer said the club had failed to present evidence that each of its
patients needed marijuana, and had no alternative to prevent serious or
life-threatening harm.
The club's request for a stay was rejected by appeals court Judges Thomas
Nelson and Michael Hawkins. The case remains under appeal, but the club is
prohibited from operating in the meantime.
-------------------------------------------------------------------
OCBC Vows to Fight On (The California NORML version
says the Oakland Cannabis Buyers' Club is asking to be allowed to re-open
to serve its members in ways other than providing medicine. Director
Jeff Jones announced that the OCBC is also planning to form a political
action committee, the Patients Action Network, to fight for federal
rescheduling of marijuana, noting about 80 former members of the
San Francisco Cannabis Buyers' Cooperative have died since that club
was forced to close last May.)
Date: Mon, 19 Oct 1998 21:42:32 -0800
To: dpfca@drugsense.org, aro@drugsense.org
From: canorml@igc.apc.org (Dale Gieringer)
Subject: DPFCA: OCBC Vows to Fight On
Sender: owner-dpfca@drugsense.org
Reply-To: dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/
OAKLAND CANNABIS CO-OP SUSPENDS OPERATIONS,
VOWS TO FIGHT ON TO OVERTURN FEDERAL LAW
OAKLAND, Oct 19th, 1998. The Oakland Cannabis Buyers' Cooperative
suspended operations today after the Ninth District Appellate Court refused
to issue a stay of Judge Charles Breyer's order to cease distribution of
medical marijuana.
OCBC Director Jeff Jones indicated that the cooperative would
peacefully comply with the court's ruling by turning its keys over to the
federal marshals, but expressed hope that the court's ruling would
eventually be overturned on appeal.
In the meantime, the OCBC's attorney, Robert Raich, is requesting
that the cooperative's office be allowed to re-open to serve its members in
ways other than providing medicine. For instance, the OCBC is authorized
to issue patient I.D. cards that are recognized by the city of Oakland
police. Jones announced that the OCBC is also planning to form a political
action committee, the Patients Action Network (PAN) to fight for federal
rescheduling of marijuana.
The Oakland City Council will be voting tomorrow on a resolution
to declare a public health emergency pursuant to the club's closure. The
OCBC presented testimony from patient members who have declared that they
face imminent death if denied medical marijuana. It is said that some 80
members of San Francisco's Cannabis Buyers' Cooperative have died since the
club was forced to close last May.
California NORML coordinator Dale Gieringer denounced the federal
court order as a "travesty of justice," but predicted that medical
marijuana distribution would continue in California. "Medical marijuana is
here to stay," said Gieringer, "It's a disgrace our government is misusing
taxpayers' dollars trying to deny sick and dying patients access to
medicine by shutting down a responsible, taxpaying medical marijuana
dispensary like the OCBC. The only winners in this deal are illicit street
dealers and government drug bureaucrats."
***
Dale Gieringer (415) 563-5858 // canorml@igc.apc.org
2215-R Market St. #278, San Francisco CA 94114
-------------------------------------------------------------------
Marvin Chavez update (A local correspondent says Judge Frank Fasel
postponed until December 7 - oops, make that November 2 - the hearing
scheduled for today for the medical marijuana patient and founder of the
Orange County Patient, Doctor, Nurse Support Group. The delay will allow
Chavez's attorneys time to review donation slips and other papers withheld
by the prosecution.)
From: FilmMakerZ@aol.com
Date: Mon, 19 Oct 1998 18:53:35 EDT
To: DRCNet Medical Marijuana Forum (medmj@drcnet.org)
Subject: Marvin Chavez
Reply-To: medmj@drcnet.org
Sender: owner-medmj@drcnet.org
About 25 - 30 supporters came to Marvin Chavez's medicinal marijuana trial
today. California Libertarian candidate for governor, Steve Kubby, was there
to support Marvin. Attorneys James Silva and David Nick found that the DA
prosecutor, Carl Armbrust, was deliberately withholding about 250 pages of
evidence, including confiscated donation slips to the Co-op. Judge Frank
Fasel postponed the hearing until December 7, giving Silva and Nick time to
review the donation slips and other papers which were withheld from them.
Carl Armbrust recently had a letter against medicinal marijuana published in
the Orange County Register. Silva and Nick stated that Armbrust's letter
could constitute jury tampering and are looking into taking action against
Armbrust, possibly trying to have him removed from the case.
Marvin Chavez's next hearing will be on Monday, December 7, at 9 am, at the
Orange County Superior Courthouse, 700 Civic Center Dr. W., Santa Ana, 11th
floor, division 41.
Mira
***
From: FilmMakerZ@aol.com
Date: Tue, 20 Oct 1998 17:23:07 EDT
To: DRCNet Medical Marijuana Forum (medmj@drcnet.org)
Subject: CORRECTION - Marvin Chavez hearing Monday, November 2
Reply-To: medmj@drcnet.org
Sender: owner-medmj@drcnet.org
Yesterday, I sent out an email saying Marvin Chavez's next hearing would be on
December 7, but the information I heard was wrong and his next hearing is in
two weeks, on Monday, November 2.
-------------------------------------------------------------------
McCormick tests positive for pot (MSNBC in Los Angeles says Todd McCormick,
the Bel Air, California, cancer patient and medical marijuana defendant
facing federal cultivation charges, faces a bail revocation hearing
2 p.m. Wednesday. McCormick says the government is trying to extort
the $500,000 cash bail that actor Woody Harrelson posted for him.)
Date: Mon, 19 Oct 1998 20:12:37 -0500
From: "Frank S. World" (compassion23@geocities.com)
Reply-To: compassion23@geocities.com
Organization: Rx Cannabis Now! http://www.geocities.com/CapitolHill/Lobby/7417/
To: DRCNet Medical Marijuana Forum (medmj@drcnet.org)
Subject: US CA MSNBC: McCormick tests positive for pot
Sender: owner-medmj@drcnet.org
Source: MSNBC (Los Angeles, CA)
Contact: msnbc@tvsknbc.nbc.com
Website: http://www.msnbc.com/local/KNBC/
Pubdate: October 19, 1998
MCCORMICK TESTS POSITIVE FOR POT
LOS ANGELES, Oct. 19 - Medical marijuana advocate Todd McCormick, who was
arrested last year for budding a pasture of pot in a rented Bel-Air mansion,
has again tested positive for marijuana use, a prosecutor said Monday.
McCormick, who is awaiting trial, tested positive several times before and
claimed it was due to his use of hemp products and Marinol, a synthetic form
of marijuana.
Reached by phone in Berkeley, where he did a seminar on medical marijuana
with actor Woody Harrelson and former Nirvana bassist Krist Novoselic,
McCormick called the accusation "a bunch of crap."
Upon an agreement with the government, McCormick paid $17,500 to be given a
special, highly sensitive test that differentiates between marijuana and
similar products, like hemp.
That test was used and now McCormick has tested positive five times for
THC-V, a substance only found in marijuana, said Assistant U.S. Attorney
Fernando Aenlle-Rocha.
McCormick said he has been taking Marinol but denies smoking pot. He claims
the government is trying to "extort" the $500,000 cash bail Harrelson posted
for him.
A bail revocation hearing is set for 2 p.m. Wednesday, but McCormick said
his lawyers will ask that it be postponed.
McCormick says he needs marijuana to treat pain brought on by several bouts
of cancer and the fused vertebrae in his back.
He believes he had the right to grow the pot under Proposition 215, the
medical marijuana initiative California voters approved in 1996.
"This is their attempt to subvert the will of the people," he said Monday.
"They want to control what you put in your body."
-------------------------------------------------------------------
Pot Vote - A 'Yes' Means No (The Arizona Republic explains
the confusing background behind propositions 300 and 301, which would repeal
the Arizona legislature's nullification of Proposition 200, passed
by two-thirds of voters in 1996. A "no" vote on 300 would reject
the legislative changes and reaffirm the original medical marijuana law.
A "no" vote on 301 would reinstate the diversion program for drug offenders.)
Date: Mon, 19 Oct 1998 21:28:52 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US AZ: Pot Vote: A 'yes' Means No
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)
Pubdate: 19 Oct. 1998
Source: Arizona Republic (AZ)
Contact: Opinions@pni.com
Website: http://www.azcentral.com/news/
Copyright: 1998, The Arizona Republic.
Author: Hal Mattern The Arizona Republic
POT VOTE: A 'YES' MEANS NO
Confusing issue in marijuana measure: 'No' vote really means 'yes'
When it comes to the medicinal use of marijuana and other illegal
drugs in Arizona, just saying "no" actually means "yes."
Voters will encounter that upside-down logic Nov. 3 when they decide
on Proposition 300, one of the more controversial and confusing
measures on the general election ballot.
A "yes" vote on the proposition will mean "no" to the medical use of
such drugs as marijuana, LSD, heroin and PCP. A "no" will mean "yes."
Various polls, including one conducted for The Arizona Republic, have
yielded conflicting levels of support and opposition to the measure,
indicating a confused electorate.
"It's complicated, and it's highly emotional," said Stan Barnes,
chairman of Arizonans Against Heroin, which is opposed to the medical
use of illegal drugs.
"The danger is that people opposed to legalizing drugs will say, 'Oh,
I'll just vote no,' " Barnes said.
Proposition 300 is the second attempt at implementing a medical
marijuana law in Arizona.
The first try, an initiative passed overwhelmingly by voters in 1996,
allowed doctors to prescribe marijuana, LSD, heroin, PCP and other
"Schedule One" drugs to seriously or terminally ill patients. Before
prescribing such a drug, a doctor would have to produce scientific
proof of its medicinal properties and also would have to provide a
similar written opinion from a second physician.
The measure also called for diverting first- and second-time,
non-violent drug offenders into treatment programs instead of sending
them to prison.
But only months after voters approved it, the Legislature effectively
gutted the law by requiring that pot be authorized by the Food and
Drug Administration or Congress before doctors could prescribe any
Schedule One drugs in Arizona. Such authorization is considered
unlikely anytime soon.
Lawmakers also rendered the diversion program meaningless by instead
setting up special drug courts with the authority to send offenders to
jail.
Angry supporters of the medical marijuana law reacted by forming "The
People Have Spoken" and launching another petition drive to challenge
the legislative action, resulting in Propositions 300 and 301 being
added to the Nov. 3 ballot.
A "no" vote on 300 would reject the legislative changes and reaffirm
the original medical marijuana law. A "yes" vote would uphold the
legislative changes.
A "no" vote on 301 would reinstate the diversion program for drug
offenders, while a "yes" would uphold the drug courts enacted by the
Legislature.
Both of the original measures remain in effect pending the Nov. 3
vote.
Results of polls
An Arizona Republic poll conducted Oct. 3-6 found that 51 percent of
the respondents supported Proposition 300. Thirty percent were opposed.
The statewide poll of 811 registered voters had an error margin of
plus or minus 3.5 percentage points.
Another poll by Northern Arizona University yielded opposite results.
That poll, conducted Sept. 29-Oct. 7 with 402 likely Arizona voters,
found that 56 percent planned to vote "no" on the proposition.
Thirty-eight percent said they planned to vote "yes."
The poll, which had a margin of error of 5 percentage points, also
reported that 56 percent found the proposition confusing, and that
there appeared to be a "backlash" against the legislative tinkering
with the original law.
But the backlash doesn't stop with the pot measures. The same people
trying to overturn the legislative changes to the pot law also are
backing Proposition 105, which would restrict the Legislature from
changing future voter initiatives.
"There are a lot of people out there who are saying, 'Hey, we've had
enough,' " said Jack LaSota, a former state attorney general who is
legal adviser to the group backing Proposition 105.
"If the people put it in, the Legislature ought not to tinker with
it."
Debate intensifies
The debate over the pot issue has intensified in recent weeks, with
supporters of Proposition 300 accusing opponents of having a hidden
agenda: the ultimate legalization of all drugs.
"The real story, what this really is about, is street legalization,"
Barnes said, noting that some members of The People Have Spoken have
indicated their support for legalization.
"That's the end game," he said. "But they won't admit it because it is
on the wrong end of the political stick."
Barnes also criticized the group for raising most of its $1.4 million
in campaign funds from a trio of wealthy businessmen, two of them from
out of state.
The main contributor is John Sperling of Phoenix, chairman of the
Apollo Group and founder of the University of Phoenix. He has given
$660,000 to the group. Other major contributors are New York
billionaire George Soros and Cleveland insurance executive Peter
Lewis, each of whom have given more than $360,000.
"They are making a mockery of our state," Barnes said. "The whole
theme is anti-Legislature. What are they doing using our initiative
system for their own purposes?"
Legalization goal denied
Sam Vagenas, campaign consultant for The People Have Spoken, denied
that the group's goal is the legalization of drugs.
"Nobody supports full-blown legalization," Vagenas said. "Some people
in the group may have their own opinions about that issue, but that is
not what we are about. Drug abuse is not OK, it is a disease."
He said the group's main thrust has always been to push for more
treatment and less incarceration of drug offenders. That was the main
purpose of the original medical marijuana initiative in 1996, he said,
but intense publicity about a similar measure in California that year
overshadowed that goal.
"We became 'the other medical marijuana state,' " Vagenas said. "But
our real thrust was that the war against drugs is failing. The idea
was to provide an alternative to that failed policy, a medical
approach instead of a criminal approach."
He also accused Barnes and other opponents of medical marijuana of
trying to scare the public by constantly referring to heroin. He said
the original law included heroin and other Schedule One drugs in case
they are found to have medicinal value down the road.
"The idea was, hey, who knows, 10 years from now someone may determine
that heroin has medicinal value," he said. "Why should we have to go
through another initiative?"
That argument doesn't impress Rep. Mike Gardner, R-Tempe, one of the
main architects of the legislative changes to the pot initiative.
"I don't think people want to give doctors carte blanche to prescribe
heroin," Gardner said. "It gives way too much authority to two doctors
to say, 'Hey, you look like you need some heroin.' "
He added that he doesn't understand why backers of medical marijuana
are opposed to first requiring FDA approval, just like with other drugs.
"It should be treated just like Viagra and "fen-phen' and Tylenol,"
Gardner said.
Vagenas disputes the need for such authorization, pointing to the fact
that the medical marijuana law has been in effect for nearly two years
without causing any problems.
to the 1998 Daily News index for October 15-21