Portland NORML News - Wednesday, October 21, 1998
-------------------------------------------------------------------

DUII for positive THC urine test - Trial 10-22-98 (A Portland reform activist
invites you to attend the trial beginning tomorrow of Tim Herman, charged
with driving intoxicated after Portland police gave him a breathalyzer test
for alcohol that came up negative. Herman was then taken into custody and
given a urine test that came up positive for THC, the sole basis for the DUII
charge. Herman's lawyer responds with news that today the Multnomah
County deputy district attorney prosecuting the case has decided to dismiss
charges.)

Date: Wed, 21 Oct 1998 15:15:31 -0700
To: dpfor@drugsense.org
From: Arthur Livermore (alive@pacifier.com)
Subject: DPFOR: DUII for positive THC urine test -- Trial 10-22-98
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/

From: hemp@haystack.lclark.edu
Date: Wed, 21 Oct 1998 13:42:52 -0800

Barry Joe Stull wrote:

Thursday October 22, 1998 is slated for the opening of a trial in the
Multnomah County Courthouse, 1021 SW 4th in Downtown Portland, which will
establish whether a positive THC on a urinalisis test is grounds for
conviction of Driving Under the Influence of Intoxicants. At this time it is
believed that the trial will begin at 10 am. Those of you interested in
attending can contact the information desk in the Courthouse for the docket
information in the case of State v. Herman.

Timothy Herman was stopped by the Portland (Oregon) Police Bureau while
driving. Officer James Sorrenson proceeded to give Tim a breathalyzer test
for alchohol which came up 0.00%. Tim was then taken into custody and was
given a urinalysis which came up positive for THC. Based on the results of
the urine test, Tim was charged with Driving Under the Influence of
Intoxicants.

Many of you know that THC metabolites can be generated by eating legal hemp
seed and hemp seed oil, and for using marijuana weeks before the urine sample
is taken, so it is understandable that the decision in Tim's case stands to
establish a dangerous precedent of holding people liable for acts either
legal or unrelated to their driving.

You are all invited to attend the trial to show Tim your support.

---Barry Joe Stull

***

Date: Wed, 21 Oct 1998 19:32:35 -0700 (PDT)
To: dpfor@drugsense.org
From: blc@hevanet.com (Belmont Law Center)
Subject: Re: DPFOR: DUII for positive THC urine test -- Trial 10-22-98
Cc: hemp@haystack.lclark.edu
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/

Good News!!

This is Paul Loney, attorney for Tim Herman, and this evening I was
informed that the Deputy DA intends to dismiss this case tomorrow.
-------------------------------------------------------------------

Reject Medical Marijuana (A staff editorial in The Oregonian
opposes Ballot Measure 67, saying voters ought to refrain from practicing
ballot-box medicine - which rather ignores the fact that cannabis was a
medicine in good standing before Congress passed the Marihuana Tax Act
of 1937 for political, nonmedical reasons, over the objections of the AMA.)

From: "Rick Bayer" (ricbayer@teleport.com)
To: "Dpfor@Drugsense. Org" (dpfor@drugsense.org)
Subject: DPFOR: Oregonian newspaper opposition
to Measure 67 and Initiative 692
Date: Tue, 3 Nov 1998 11:31:55 -0800
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/

[This was the lead editorial in The Oregonian newspaper October 21,
1998]

REJECT MEDICAL MARIJUANA

The measures before Oregon and Washington voters substitute vague
notions for good research and good law

You have to give Multnomah County sheriff Dan Noelle credit for sticking
to his guns on the medical marijuana before Oregon voters in the Nov. 3
general election. Noelle opposes Ballot Measure 67, which would
legalize the medical use of marijuana.

Arrayed against Noelle and like-minded Oregonians are the resources of
George Soros, the billionaire international financier, Arizona education
entrepreneur John Sperling, and insurance magnate Peter Lewis of
Cleveland, Ohio, who are bankrolling the legalization effort in Oregon
and four other states this fall.

Their efforts have fallen on fertile ground here, according to The
Oregonian's polling. Nearly six in ten of the state's voters think
Ballot Measure 67 is a good idea.

Whether his view is popular or not, Noelle is right - about the medical
marijuana effort and the motives behind it.

"I firmly believe this bill is intended to legalize drugs in this
country," says Noelle, who also is a director in the Oregonians Against
Dangerous Drugs, the political group organized to fight the medical
marijuana measure. Those of us in the baby-boom generation are used to
dismissing such arguments as old-folks paranoia. But Soros and his
compatriots make their broad agenda very clear, and it has a great deal
more to do with marijuana than with medicine.

Both Oregon, with Ballot Measure 67, and Washington, with Measure 692,
have medical marijuana on their November ballots. The details differ,
but the general arguments are the same. We think voters in both states
should reject the measures.

As Noelle argues, the measures open the door for wider use of marijuana.
Oregon's measure does so by creating new legal defenses for growing and
delivering of marijuana and by snarling law enforcement in a web of new
requirements - such as keeping confiscated marijuana plants alive while
cases wind through the courts.

Beyond that, though, proponents of medical use do not have much of a
case on the narrower questions that their measure raises.

They argue that medical use of marijuana is a compassionate alternative
for terminal medical patients and chronic sufferers of such diseases as
multiple sclerosis.

But Measure 67 is vague and its standards are subjective. It would
apply to a much larger group than just terminal or chronic patients.
"Medical" marijuana therapy could be available to someone whose chief
complaint is "pain", for example.

The arguments for medical marijuana are presented in this campaign as
though medical science has no other remedies for pain, which is, of
course, not the case. For that matter, medical science has the chief
active ingredient in marijuana - the substance, THC - at its disposal.
It's a product called Marinol. It's now available in capsules, with
research continuing to make available in other forms.

Marinol, at least, has gone through Food and Drug Administration
testing, which is not the case with the marijuana that would be
available to patients under these measures.

The American Medical Association opposed legalizing medical marijuana
use on the grounds that not enough research has been done. Supporters
of legalization argue that it's hard for marijuana to get a fair shake
in research - especially that which depends on federal funding.

Whether that is true or not, legitimate efforts now are under way to
assess the health effects of marijuana and shed light on the medical-use
question. An Institute of Medicine study due later this year in one
example. Dr. John A. Benson, a respected Portland physician and former
dean of the School of Medicine at the Oregon Health Sciences University,
is co-principal investigator for the study.

It makes sense to wait, at least until the evidence from the Institute
of Medicine is available, before plunging ahead with allowing medical
use of marijuana in Oregon and Washington. Voters in both states ought
to refrain from practicing ballot-box medicine.
-------------------------------------------------------------------

Round 2 for Pot Initiative (The Olympian, in Olympia, Washington,
tries to summarize objectively the arguments of proponents and opponents
regarding Initiative 692, the medical marijuana ballot measure.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "HempTalkNW" (hemp-talk@hemp.net)
Subject: HT: Olympian FP - Round 2 for Pot Initiative
Date: Wed, 21 Oct 1998 21:18:51 -0700
Sender: owner-hemp-talk@hemp.net

Round 2 for Pot Initiative

* New Focus - I-692 backers hope concern for the sick will prevail, but foes
say the initiative is a ruse to legalize pot.

FOR THE INITIATIVE: Multiple sclerosis patient Jim Binias says marijuana
helps ease the symptoms of his progressive disease, which causes tremors and
intense pain.

By Peter Eichstaedt, political editor - The Olympian
OLYMPIA Voters statewide will be faced with a familiar choice in Initiative
692, which would allow medical use of marijuana for sick and dying patients
under the care of a physician.

Voters were asked a similar question last year but soundly rejected the
idea.

Ballot Issues

But supporters think the new version of an old issue can be approved.

Last year's initiative was too broad, including other drugs and drug
sentencing issues, admits Rob Killian, the Seattle physician who organized
the initiative drive. "We tried to do too much, too soon," he said.
This year is different, he said. The initiative permits the use and
possession of marijuana only for those who need relief from chronic pain or
"debilitating" diseases, including the effects of treatment for, cancer.

"We've not legalized the selling," Killian said.

Proponents of the initiative such as Fred Mayer, a resident of north
Thurston County, say the initiative is not a matter of drug control, but one
of compassion.

"I just don't want my government limiting the resources of what my doctor
can prescribe to make (people in need) feel better," said Mayer, whose wife
suffers from a debilitating disease and has effectively used marijuana to
find relief.

Current law denies some people the relief from pain and agony they can get
from marijuana, he said. Government forces people to suffer needlessly, he
said.

Killian said about 1,200 people out of Washington's 5 million could be
expected to receive medical approval to use marijuana.

The opposition

Critics of the initiative are unconvinced by the compassion argument.
People who want to legalize drugs are using human suffering as an excuse to
screen the real intent, they claim.

Although the new initiative addresses only marijuana use under strict
guidelines, critics say it's the first step down the road to drug
legalization.

One of the most vocal and visible critics is state Democratic Lt. Gov.
Brad Owen. He was so active against last year's initiative that he faces an
ethics inquiry that he unfairly used his office to help defeat it. He denies
the accusation and contends his opposition to these initiatives is a matter
of free speech.

"I remain skeptical of what this is all about," Owen said of the initiative.
"We have said all along that the primary movement behind these efforts
nationally has nothing to do with medical marijuana ... but with drug
legalization."

He points to the lack of adequate research. "Without further research, we
should not be doing this," Owen said.

But Rob Killian said the reason little research exists on marijuana is that
the federal government has blocked it. "The federal government needs to get
out of the way," Killian said, so that research can occur.

Key arguments against the initiative are:

* It delivers the wrong message to young people. "The perception of risk of
using this drug is going to go down by our kids with a commensurate increase
in usage," Owen said.

Supporters of the initiative, such as retired Dr. Dave Edwards of Olympia,
note studies that marijuana use by young people declined in California after
a medical marijuana initiative was approved.

* It allows for broadly defined ailments. "You have poorly defined
diseases," Owen said, "without having a professional process" to recommend
marijuana dosages for treatment.

The initiative does list the following diseases and conditions: cancer, HIV,
Multiple sclerosis, epilepsy, seizure disorders, spasticity disorders,
"intractable pain," or other conditions approved by the Washington State
Medical Quality Assurance Board.

* Users are allowed to keep a 60-day supply. "What is that?" Owen asked.

Supporters point out that, under a discontinued program, the federal
government has approved eight people to receive federally grown marijuana.
They are sent 300 marijuana cigarettes per month, the equivalent of about
two pounds.

Buying on the street

Although the initiative allows people to grow their own, if they qualify,
Owen said most people are going to buy their drugs off the street.

"Ninety-nine percent of the people are not going to grow their own," Owen
said. That creates difficulties for law enforcement, he said.

"It creates a lot more concerns and questions than (the problems) they say
they are trying to help," Owen said.

Yelm Police Chief Glenn Dunnam opposes the initiative because, if it passes,
marijuana remains illegal. "Even if it is legal under Washington law, its
is still illegal under federal law," he said.

Asking physicians to approve its use is not a safeguard, Dunnam said,
because "there are doctors who will break the law."

Dr. Susan Garcia-Swain of Seattle, an opponent of the initiative, said
"there is no standard" when it comes to prescribing marijuana. With other
medications, doctors gauge the amount by dose, but that's not possible when
smoking marijuana, which varies in potency.

"That's not the way we practice medicine," Garcia-Swain said. "We have to
weigh the risks to the benefits, but we can't do that."

Killian acknowledged the validity of the synthetic form of marijuana, a
product called Marinol, but said that because it must be swallowed, it is
often ineffective when treating those who suffer from nausea caused by
chemotherapy to treat cancer.

I use it all the time on many of my AIDS patients," Killian said of Marinol.
And, "I agree that smoking is not the safest way to administer the
medicine."

But, Killian argued, "marijuana works for some people," and they are not
drug addicts, he said. "These people are not animals who need it today," he
said.

One supporter of the initiative, a substitute teacher in Kitsap County who
did not want to be identified for fear of losing his job, said marijuana is
the most effective treatment for blunting the effects of cancer treatment.

A self-described conservative and born-again Christian, the man also is a
cancer survivor. Almost 20 years ago, the man was locked in a battle with
testicular cancer and underwent treatments.

"I went from 190 pound to 140," he said. "I was skinny. I was nauseous
every day. I puked after the treatments."

After everything else failed, his doctor quietly suggested he get some
marijuana on his own and try it. "It helped me better than anything the
doctors gave me," the man said.

He supports the initiative because doctors should not be prohibited from
prescribing it if they think it will help a patient.

"It's difficult to understand how the government can justify allowing
doctors the right to prescribe highly addictive drugs such as morphine and
not marijuana," he said.

Campaign support

Supporters may have found the winning formula for their initiative. Recent
polls show a majority of people support it.

The initiative is well heeled and well organized compared to the opposition.
As of the end of September, the Washington Citizens for Medical Rights
organization had collected $691,000. More than $218,000 was for television
ads.

The group's two main supporters are Americans for Medical Rights, a group
based in Santa Monica, Calif., that organized the successful approval of a
similar ballot measure in California. The group has provided $316,603.
The largest single contributor has been Citizens for Drug Policy Reform,
based in Seattle, which has contributed $358,127.

Tim Killian, a key organizer of the initiative along with this brother Rob
Killian, said the main contributors to the initiative are three men: George
Soros, a wealthy philanthropist who deplores the damage drugs and drug laws
have caused; Peter Lewis, an executive with Progressive Insurance Company;
and John Sperling, an executive with the University of Phoenix in Arizona.

Meanwhile, opponents have rallied under the banner of We Said No!, a
recently formed group based in Seattle. As of Oct. 7, the group had raised
only $12,000, all of it coming from Terry Hensley, director of Save Our
Society from Drugs, a group based in St. Petersburg, Fla.
-------------------------------------------------------------------

Smoking eases MS symptoms / Son's death motivates crusade (The Olympian,
in Olympia, Washington, publishes pro and con articles about Initiative 692,
the medical marijuana ballot measure. The first features multiple sclerosis
patient and medical marijuana user Jim Binias of Thurston County. The second
features Portland-area anti-marijuana zealot Sandra Bennett, who admits her
crusade is inspired by the 1986 cocaine-related death of her son in the
basement of a Eugene fraternity.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "HempTalkNW" (hemp-talk@hemp.net)
Subject: HT: Olympian P2 - Pro/Con
Date: Wed, 21 Oct 1998 21:23:11 -0700
Sender: owner-hemp-talk@hemp.net

#1 - Med users, #2 Med MJ compared to horse piss, #3 Initiative info at
bottom. Bob_O

***

Smoking eases MS symptoms

* Relief - Jim Binias says medicinal marijuana alleviates his pain.

By Peter Eichstaedt
The Olympian

OLYMPIA - On most days, Jim Binias resides in a lounge chair situated in his
living room so he can gaze through vandows to the fields and woods of north
Thurston County.

Nearby is Binias' electric wheel chair, which he needs if he goes outdoors.

Binias suffers from a severe form of multiple sclerosis, a degenerative
muscle disease that has left him virtually incapacitated. Binias takes
prescribed doses of intense painkillers, laced with methadone, to control
his muscle spasms. "Every muscle in my body will tight up," he said.

Marijuana, Binias says, provides him with the mental and physical relief he
needs. He hopes voters will approve Initiative 692, which would legalize
the medical use of marijuana for him and others.

"It's something I found that ... when I smoke, I feel well," Binias says.
"There's no question I sleep better. I'm more hungry. It's something I
found is necessary to sustain myself"

Binias smokes marijuana in a pipe, which allows him to closely regulate how
much he takes. "If I get to a place I feel comfortable, I stay. I won't
pick up the pipe," he said.

He said he has not used Marinol, the synthetic form of marijuana, because of
what others have told him, he said.
He dismisses the arguments made by initiative critics that legalizing the
medicinal use of marijuana opens the door to more drug addiction in general.

"I've never heard of anyone dying of smoking marijuana," he said. "It
should be required" as a treatment, not banned as a drug, he said.

In fact, Binias suggested marijuana be available in stores for patients. He
is not opposed to the government regulating its distribution. Currently the
black market distributes the drug and this "leads to gangsters," he said.
To address the fears of critics, Binias said the initiative could be given a
trial period of six months or a year. "See how it goes," he offered.

Smoking marijuana helps him, Binias said.

"I'm not getting any better," he said. "At least give me this and make me
feel good. That's all I ask."

***

Son's death motivates crusade

* Anti-Drug Work - Sandra Bennett says she believes the legalization of
marijuana would have dangerous repercussions.

By Peter Eichstaedt The Olympian
Link to earlier story
OLYMPIA - Her son's fatal reaction to an illegal drug is driving Sandra Bennett's personal crusade against drugs. "Anybody who has a child who's addicted to drugs or has lost a child to drugs really knows the truth to this," she said of Initiative 692, which would allow the medical use of marijuana. Bennett, a Clark County resident, is active nationally in several antidrug organizations. She typifies the parents and opponents to 1-692 who are worried about its possible ramifieations. "We have to have a control on these substances," she said. "Otherwise, we're all going to be victimized." Bennett said she and her husband, Dr. William Bennett, a professor of medicine at the Oregon Health Sciences University in Portland, were drawn into the war on drugs in 1986 when her son, Garrett Hughes, then a senior at the University of Oregon, died suddenly. An autopsy revealed a trace of cocaine in his body, but not a lethal amount, she said. Her son had apparently died of an unexpected reaction, she said. "My son was seduced by this garbage that a little cocaine was not dangerous," she said. "Even a small amount of cocaine' can kill you," she said. "Cocaine can trigger an irregularity in the heartbeat that will cause the heart to stop." Bennett is convinced the push to legalize the medical use of marijuana is the first step toward widespread legalization of addictive drugs. "Nobody wants to see anybody suffer," Bennett said. "But these very unscrupulous people are using the suffering of sick people to get their agenda passed." Because synthetic drugs and other alternatives are available, legalizing marijuana is unnecessary, Bennett said. "Crude marijuana is no more a medicine than horse urine," Bennett said. "Horse urine is used to make (the hormone supplement) Premarin, and no one drinks horse urine." "Having medicinal properties is not the same thing as being good for medical purposes," she explained. As editor of a small publication, Marijuana Research Review, Bennett said she reads a lot about marijuana. "There is so much science out there that shows this is a real seriously bad drug," she said. Bennett also dislikes much of the initiative's wording, which she said is vague about the diseases that make a person eligible. "What is terminal?" she asked. "There are hundreds of diseases that are fatal if not treated. We're all terminal. No one gets off the planet alive." She also questions the reference to a "debilitating" disease. "Debilitating is not defined," she said. " A cold is debilitating." *** The ballot language The full text of all initiatives can be found on the Secretary of State's Web page: www.wa.gov/sec/inits. htm on the Internet. Here is some of the basic information about Initiative 692, which will appear on the Nov. 3 ballot. Ballot title: Shall the medical use of marijuana for certain terminal or debilitating conditions be permitted, and physicians authorized to advise patients about medical use of marijuana? Summary: The measure would permit the medical use of marijuana by patients with certain terminal or debilitating conditions. Non-medical use of marijuana still would be prohibited. Amount raised for initiative: $691,000 as of Oct. 1 1 Amount raised against initiative: $12,000 as of Oct. 7 Proponents: Washington Citizens for Medical Rights, (206) 781 7716. Opponents: We Said No!, (206) 81 9-340 1, fax (253) 941 5845. *** 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
-------------------------------------------------------------------

Oakland Declares War On Washington! (According to a list subscriber,
KTVU-TV Channel 2 in Oakland/San Francisco said Tuesday night
that the Oakland City Council, in a 5 to 4 vote, declared a medical emergency
existed due to the closure of the Oakland Cannabis Buyers' Cooperative.)

Date: Wed, 21 Oct 1998 02:04:35 -0400
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
From: ltneidow@VOYAGER.NET (Lee T. Neidow)
Subject: Oakland Declares War On Washington!
Cc: bhirschfeld@mail.cimedia.com
Reply-To: drctalk@drcnet.org
Sender: owner-drctalk@drcnet.org

KTVU-TV channel 2 in Oakland/San Francisco reported Tuesday
night that the Oakland City Council, in a 5 to 4 vote, chose to
declare a medical emergency with the close of the Oakland
Medical Marijuana Club.

This is not unlike the city of San Francisco, which every two
weeks declares a medical emergency in order to continue the
distribution of clean needles, going head to head with the
federal and state governments.

Stay tuned to Channel 2 for further developments.

I look forward, with eager anticipation, to the Bay Area
seceding from the Union, at which time, like McArthur, "I *shall*
return".

Lee in Grand (???) Rapids

(Beat you to the punch Jerry. [G])
-------------------------------------------------------------------

Pot Club Close Worries Oakland (The Associated Press version)

From: LawBerger@aol.com
Date: Wed, 21 Oct 1998 11:22:27 EDT
To: ocdla-list@pond.net, dpfor@drugsense.org, nlc@norml.org
Subject: DPFOR: Fwd: Pot Club Close Worries Oakland
Sender: owner-dpfor@drugsense.org
Reply-To: dpfor@drugsense.org
Organization: DrugSense http://www.drugsense.org/

From: AOLNews@aol.com
Return-path: (AOLNews@aol.com)
Subject: Pot Club Close Worries Oakland
Date: Wed, 21 Oct 1998 08:56:43 EDT

Pot Club Close Worries Oakland

.c The Associated Press

By JORDAN LITE

OAKLAND, Calif. (AP) -- City officials declared the lack of pot a public
health emergency following the closure of one of the largest medical marijuana
clubs in California.

A 5-4 vote by the City Council on Tuesday night allows officials to develop
alternative ways to sell marijuana to about 2,200 patients cut off from the
drug at the Oakland Cannabis Buyers' Cooperative, which was closed Monday by
court order.

``We're definitely making history,'' said Jeff Jones, executive director of
the club. ``It's another time the city has come out and allowed patients to
keep their rights.''

California law allows use of marijuana for medical purposes under a
proposition approved in 1996, but federal law forbids distribution of the
substance.

Councilman John Russo voted for the measure despite his fear that Oakland
``will be portrayed as a place that wants to have a big hippie party.''

City officials in San Francisco and Berkeley in the past have declared medical
emergencies to allow the distribution of intravenous needles to drug users to
curb the spread of HIV. But no other city has passed a measure to allow use of
marijuana for medical reasons.

It was not immediately clear what impact the gesture would have. City Council
members said they would be wary of getting involved in the distribution of
marijuana.

When U.S. District Judge Charles Breyer issued an injunction in May barring
six Northern California clubs from distributing marijuana, Oakland city
officials responded by designating marijuana club officials as city agents,
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.

A possible alternative would be to designate city property for the harvesting
of marijuana by patients with doctor's recommendations, Jones said. He said a
less likely possibility would be for the city to hire people to distribute the
drug.

The club, about 60 percent of whose members have AIDS, closed Monday after the
9th U.S. Circuit Court of Appeals rejected its request to remain open during
an appeal of a Breyer ruling last week ordering the club shut down.

``Marijuana allows me to sleep, allows me to eat,'' said Ken Estes, a
quadriplegic who had purchased pot at the club. ``Without marijuana, I'd be
dead,'' he said.

AP-NY-10-21-98 0855EDT

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.
-------------------------------------------------------------------

Pot Club Closure Causes City Council To Declare State of Emergency
(A different Associated Press version in The Sacramento Bee)

Date: Thu, 22 Oct 1998 20:23:52 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Pot Club Closure Causes City Council To Declare State
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: Wed, 21 Oct 1998
Source: Sacramento Bee (CA)
Copyright: 1998 The Sacramento Bee
Contact: opinion@sacbee.com
Webform: http://www.sacbee.com/about_us/sacbeemail.html
Website: http://www.sacbee.com/
Author: Jordan Lite, Associated Press Writer

POT CLUB CLOSURE CAUSES CITY COUNCIL TO DECLARE STATE OF EMERGENCY

OAKLAND, Calif. (AP) -- City officials, in a symbolic nod to
California voters, declared a public health emergency Tuesday night
following a court-ordered shutdown of one of the state's largest
medical marijuana clubs.

The 5-4 vote, believed to be the first of its kind, allows City
Council members to move quickly should they choose to develop
alternative ways to sell marijuana to about 2,200 patients who can no
longer get the drug at the Oakland Cannabis Buyers'
Cooperative.

"We're definitely making history," said Jeff Jones, executive director
of the club. "I feel somewhat vindicated from the court's decision."

City officials in San Francisco and Berkeley in the past have declared
medical emergencies to allow the distribution of intravenous needles
to drug users to curb the spread of HIV. But no other city has passed
such a measure to allow use of marijuana for medical reasons.

It is not immediately clear what impact the gesture would have. City
Council members said they would be wary of getting involved in the
distribution of marijuana.

When U.S. District Judge Charles Breyer issued an injunction in May
barring six Northern California clubs from distributing marijuana,
Oakland city officials responded by designating marijuana club
officials as city agents, 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.

A possible alternative would be to designate city property for the
harvesting of marijuana by patients with doctor's recommendations,
Jones said. He said a less likely possibility would be for the city to
hire people to distribute the drug.

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 club closed Monday after the 9th U.S. Circuit Court of Appeals
rejected its request 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.
-------------------------------------------------------------------

Oakland Council Declares Marijuana Health Crisis
(The San Francisco Chronicle version)

Date: Wed, 14 Oct 1998 10:24:09 -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: Oakland Council Declares Marijuana Health Crisis
Sender: owner-medmj@drcnet.org
Source: San Francisco Chronicle
Contact: chronletters@sfgate.com
Website: http://www.sfgate.com/chronicle/
Pubdate: Wednesday, October 21, 1998

OAKLAND COUNCIL DECLARES MARIJUANA HEALTH CRISIS

The day after the state's largest remaining medical marijuana club was shut
down, the Oakland City Council threw its support behind the dispensary, but
exactly what the city can do to help remains unclear.

Last night, by a 5-to-4 vote, the council declared that Monday's closure of
the Oakland Cannabis Buyers' Cooperative by the federal government creates a
public health emergency for the city by forcing hundreds of ill and dying
people to go without the pain-easing drug or be forced to buy from street
dealers.

The council's action places Oakland at the forefront of the medical
marijuana issue. It is the first city to use the emergency declaration,
which is usually reserved for cases of disaster or extreme peril.

Typically, emergency declarations enable a city to seek state and federal
aid but, in this case, the council is not looking for such assistance; it is
only seeking to draw attention to the issue.

``What we do tonight will send a powerful message, both here and throughout
the state and the world,'' said Councilman Nate Miley, who led the call for
the declaration.

But council members in opposition said that although they support medicinal
marijuana use, they did not believe the club's closure merited an emergency
status.

And they worried whether the action would open the city up to federal
prosecution.

``To help a few I cannot expose the rest of the city to the impact of what
we do tonight,'' Ignacio De La Fuente said.

The council's action was mostly symbolic -- it has no effect on a federal
judge's order that resulted in the club's doors being padlocked yesterday
morning.

But Robert Raich, an attorney for the cooperative that claimed 2,200
members, said the council's action ``underscores the seriousness of the
situation'' and helps lays the groundwork for any future city moves to
revive the club -- or some form of it.

The council could have the city itself set up a dispensary program

--an idea that has been floated in the past by Councilman Nate Miley and one
that was brought up again during last night's council meeting.

That idea was not up for discussion last night, but Miley promised to have
it reviewed by the Public Safety Committee, which he chairs. Some of his
colleagues have already voiced loud opposition to his idea which they say
could open the city up to civil and criminal liability.

(c)1998 San Francisco Chronicle Page A15
-------------------------------------------------------------------

With Pot Club Shut, Oakland Declares An Emergency
(The San Francisco Examiner version)

Date: Wed, 21 Oct 1998 14:31:37 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: SFX: With Pot Club Shut, Oakland Declares An Emergency
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: San Francisco Examiner (CA)
Contact: letters@examiner.com
Website: http://www.examiner.com/
Copyright: 1998 San Francisco Examiner
Author: Rob Selna SPECIAL TO THE EXAMINER
Pubdate: Wed, 21 Oct 1998

WITH POT CLUB SHUT, OAKLAND DECLARES AN EMERGENCY

City Council's 5-4 vote supports medical marijuana

OAKLAND - The Oakland City Council, in a symbolic gesture, declared a public
health emergency following the court-ordered closing of a medical marijuana
club there.

With Tuesday night's council vote, Oakland became the first city in the
country to declare a state of emergency resulting from the loss of a supply
of medical marijuana.

The 5-4 vote followed Monday's action by federal marshals to close the
Oakland Cannabis Buyer's Cooperative, one of the largest and most
tightly-run medical marijuana distributors in the state. The shutdown left
local medical marijuana users stranded indefinitely without a supply of
marijuana.

City officials in San Francisco and Berkeley in the past have declared
medical emergencies to allow the distribution of intravenous needles to drug
users to curb the spread of HIV. But no other city has passed such a measure
to allow use of marijuana for medical reasons.

Councilman Nate Miley, who sponsored Monday's declaration, compared the
hazards of closing the club to not providing a needle-exchange program. "We
still have an AIDS epidemic and medical marijuana has been proven to help
relieve some of the suffering from this and other illnesses," Miley said.
Miley emphasized that Oakland was taking the lead on an issue already
decided by California voters with the passage of Proposition 215, which
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 issue is, does the will of the people supersede the federal
government," Miley said. "Why is the federal government interfering with the
will of the people?"

Miley and other councilmembers who voted for the declaration admitted that
there would be no immediate impact on the effort to supply sick people with
marijuana.

"I want to make clear that what we are talking about tonight is not that the
city will step into the shoes of the cooperative and distribute marijuana .
. . ," said Councilman John Russo, who voted for the legislation.

Dissenting councilmembers expressed concern that the suffering of the small
number of cooperative members - currently numbered at 2,200 - did not
constitute an emergency as defined by law. "From what I understand, only
one-half of the members of this club are from Oakland and only one-third of
them have AIDS," said Councilman Ignacio De La Fuente. "I represent 400,000
people in this city and this does not effect most of them."

Robert Raich, an attorney representing the cooperative said the City
Council's statement, while symbolic, could help the effort provide medical
marijuana for those who need it but do not want to turn to street dealers or
attempt to grow it at home. "It (the declaration) will allow the City
Council to hear issues related to medical marijuana in an expedited manner;
it will help stimulate creative thinking around the issue and what the
alternatives might be," he said. The Associated Press contributed to this
report.
-------------------------------------------------------------------

Oakland Declares Emergency Over Pot-Club Closing
(The San Jose Mercury News version)

Date: Thu, 22 Oct 1998 09:20:38 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Oakland Declares Emergency Over Pot-Club Closing
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: Wed, 21 Oct 1998
Source: San Jose Mercury News (CA)
Contact: letters@sjmercury.com
Website: http://www.sjmercury.com/
Copyright: 1998 Mercury Center
Author: Bay City News Service

OAKLAND DECLARES EMERGENCY OVER POT-CLUB CLOSING

OAKLAND -- Voting 5-4, the city council declared a local medical state
of emergency Tuesday night after the federal closing of the Oakland
Cannabis Buyers Club. Such a step by a U.S. city is believed to be
unprecedented.

The club, which supplied medicinal marijuana to registered and
identified patients, closed its doors by federal order Monday.

The city council vote does not reopen the club but puts the city
behind the club.

Robert Raich, the club's attorney, said other cities have declared
states of emergency for needle exchange programs but not for medicinal
marijuana.

Council members John Russo, Henry Chang, Nancy Nadel and Nate Miley
and Mayor Elihu Harris voted to declare the emergency.
-------------------------------------------------------------------

Bob Ames' arraignment (A Bay area medical marijuana activist
recounts yesterday's appearance in a Sacramento court of the patient
recently busted for growing more than the two plants recommended
by California Attorney General Dan Lungren.)
Link to earlier story
From: "ralph sherrow" (ralphkat@hotmail.com) To: ralphkat@hotmail.com Subject: Bob Ames arraignment Date: Wed, 21 Oct 1998 14:21:40 PDT Bob Ames war arraigned tuesday 10-20-98. The charges were sales and cultivation (an automatic charge that Sacramento uses for (patient) growers when they find them growing. It does not mean they were selling. It just means that because there were more than two plants (as designated by Dan Lungren) in the garden that they must be selling the excess. My question is what excess? The government standard (what they supply their patients) is about 8 1/2 to 9 1/2 ounces per month. Lungren thinks (he knows better) you can grow plants every month. That's like saying you are only allowed 1 cow for milk, because it fits his agenda. It doesn't have to make sense. Its just because he can say he's done everything in his power to work this thing out, its just that we aren't cooperating, but at least he tried. I was in the Oakland city council chambers feb. 10 1998 when Detective Hart told the city council that they, the police, reccommended possesion of less than one ounce or no more than two plants, that you could roll 3,000 cigarettes from each. The math says that's 6 SIX pounds each or twelve pounds vs. less than an ounce. Not realistic at all, just word spewing out of a mouth that doesn't know what it says. Everyone knows it takes 4 months from clone or seed to harvest. He knows, he just likes to put people in prison and hurt them by taking their medicine. Like Terrence Hallinan said, "he's got a smile, but he's a mean man". Bob Ames' next court date is October 27th 1998 8:30am 720 9th Street Sacramento California. Both charges are felony charges. This is a patient who grew his own medicine like the law says & here is the response from the State that this is a law of. Ralph
-------------------------------------------------------------------

Somayah case dismissed "in the interest of justice" (A Los Angeles
correspondent says Sister Somayah, the sickle cell patient and medical
marijuana activist, will be freed tonight, apparently after intimidating the
prosecution by preparing a defense based on Proposition 215.)
Link to earlier story
Date: Wed, 21 Oct 1998 16:13:10 -0700 From: Jeff Yablan (JSYab@att.net) Reply-To: JSYab@att.net To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org) Subject: Somayah case dismissed "in the interest of justice" Sender: owner-drctalk@drcnet.org The Somayah case was dismissed today. Here's what happened: Her attorney said the defense is ready to proceed. The doctor is on call and will testify to her medical need. Scott Imler from the L.A. Cannabis Resource Center is in court, ready to testify on her behalf. The prosecution thought another four hours, and then dismissed the case "in the interest of justice". A motion will be filed for a return of her property. She will be released by this evening.
-------------------------------------------------------------------

Pot Helped Linda McCartney Ease Pain Of Chemotherapy (The San Jose Mercury
News says Paul McCartney gave an interview to Chrissie Hynde, the unabashed
marijuana consumer, former music journalist and star of The Pretenders. The
interview, scheduled to appear in USA Weekend on Oct. 30, quotes the former
Beatle saying the doctors told his wife, "'If you've got any of that stuff
left over from the '60s, you might smoke a bit.'")
Link to earlier story
Date: Thu, 22 Oct 1998 20:24:14 -0700 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Pot Helped Linda McCartney Ease Pain Of Chemotherapy 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: Wed, 21 Oct 1998 Source: San Jose Mercury News (CA) Copyright: 1998 Mercury Center Contact: letters@sjmercury.com Website: http://www.sjmercury.com/ Author: From Mercury News Wire Services POT HELPED LINDA McCARTNEY EASE PAIN OF CHEMOTHERAPY Paul McCartney says he got grief counseling to deal with the April death of his wife, Linda, and that she used marijuana to ease the discomfort of chemotherapy. ``The doctors said (to her), `If you've got any of that stuff left over from the '60s, you might smoke a bit,''' the ex-Beatle told Chrissie Hynde in an interview scheduled to appear in USA Weekend on Oct. 30. He said he and his kids ``pretty much still cry daily'' and that he was guilt-ridden at her death, wishing he ``could have been perfect'' during their marriage.
-------------------------------------------------------------------

Losing the War on Drug Abuse (Bob Jones, a columnist for MidWeek,
in Hawaii, reverses his support for the war on some drug users, observing,
"Our anti-drug policy on all levels is not winning and not even building up
a good hand. The time has come to look for another approach.")

From: "sburbank" (sburbank@orednet.org)
Subject: A sucess story
Date: Sat, 24 Oct 1998 08:19:37 -0700

The article below appeared in the Oct. 21 edition of MidWeek, a weekly
tabloid that is distributed to all homes on Oahu. Bob Jones, the author,
is pretty well known in Hawaii, having been a war correspondent from
Vietnam, a TV anchor man, and now a columnist and host of a radio talk
show. He has been a long-time supporter of the war on drugs, and until
recently has rebuffed our efforts to dialogue with him. I appeared on his
show earlier this year, and more recently he had Sam Vagenas (from Arizona
Prop 200) and Sandee Burbank of MAMA. This is what he now
has to say.

Donald M. Topping, Ph.D.
President, Drug Policy Forum of Hawai'i
2514 Oahu Ave.
Honolulu, HI 96822
Home: 808-988-6287
Office: Phone & FAX: 808-988-4386
www.drugsense.org/dpfhi

***

Honolulu, Hawai'i
October 21, 1998
MidWeek

LOSING THE WAR ON DRUG ABUSE, by Bob Jones

Drugs and I never got along. Even in the '60s I passed up
everything except one inhale of a wet roach of marijuana in a gathering in
Saigon, and one experimental pipe of opium at a den in Danang. Didn't like
it then and still don't. I'm saddened to watch so many go dependent on
Valium, ruin lives with alcohol, and zonk out on cocaine and crystal meth.

Someplace in my core is a fellow who might be inclined to fry drug
dealers - if I believed in capital punishment.

I do have the good sense to know when public policy is not working
after giving it a fair trial period, and I'm never afraid to fold my cards
when a win doesn't appear possible.

Our anti-drug policy on all levels is not winning and not even
building up a good hand. The time has come to look for another approach.

I supported the drug war because the alternative looked so bleak.
I criticized the Drug Policy Forum people as panderers to the
legalization crowd. I now think they've been right and I've been wrong.
The drug war is spending money we need for other causes.

Our war on narcotics has failed to force surrender of the drug
generals, and has left a field littered with civilian victims we should
have aided and sheltered. If you think the victims are to blame for
putting themselves in harm's way, you do not understand the powerful
psychological forces at work.

It is too bad that President Clinton is such a damaged political
leader who surely feels an obligation to show toughness and conservative
values. He really needs to convene our best minds and devise a new
strategy to face up to every form of substance abuse. That would be his
finest post-Monica hour.

***

It's a slow process and there are lots of players, but we are making a
difference.

Sandee Burbank

Mothers Against Misuse and Abuse
2255 State Road, Mosier, OR 97040
phone or fax 541-298-1031
http://www.mamas.org
sandee@mamas.org
-------------------------------------------------------------------

Plymouth drug raid hits wrong apartment (The Boston Globe
says an 80-year-old woman received an unwelcome surprise just before
11 pm Friday night when police burst into her apartment during a drug raid,
only to realize they had the wrong address.)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "News" (editor@mapinc.org), "_Drug Policy --" (when@hemp.net)
Subject: MA drug raid hits wrong apartment
Date: Wed, 21 Oct 1998 19:31:53 -0700
Sender: owner-when@hemp.net

Plymouth drug raid hits wrong apartment
By Globe Staff, 10/21/98

PLYMOUTH - An elderly woman received an unwelcome surprise Friday night when
police burst into her apartment during a drug raid, only to realize they
entered the wrong apartment.

Edith Coughlin, 80, was in her apartment on Cracstone Road when police came
through the door just before 11 p.m., the paper reported. Her husband,
Edward, was in the hospital at the time of the raid.

The officers were executing a warrant for an apartment that turned out to be
in the building next door, the Patriot Ledger of Quincy reported yesterday.

"Like everyone else, we make mistakes," Captain Michael Botieri told the
newspaper. "Obviously, this wasn't done intentionally. No one felt worse
than the officers who made the mistake."

The woman in the apartment police intended to raid, Christine Stokes, 35,
was arrested a short time later when police went to her apartment and
allegedly found cocaine and drug paraphernalia, police said.

Police apologized to Coughlin and repaired her door after staying with her
for awhile to make sure she was all right, Botieri said.

This story ran on page E17 of the Boston Globe on 10/21/98.
(c) Copyright 1998 Globe Newspaper Company.
-------------------------------------------------------------------

Cannabis Crash Risk Less - Study (The Age, in Australia, says the largest
study ever done linking road accidents with alcohol and other drugs has found
that drivers with cannabis in their blood were no more at risk than those who
were drug-free. In fact, the findings by a pharmacology team from the
University of Adelaide and Transport SA showed drivers who had smoked
marijuana were marginally less likely to have an accident than those who were
drug-free.)

Date: Thu, 22 Oct 1998 09:21:18 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: Cannabis Crash Risk Less: Study
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: kwr01@uow.edu.au (Ken Russell)
Pubdate: Wed, 21 Oct 1998
Source: Age, The (Australia)
Contact: letters@theage.fairfax.com.au
Website: http://www.theage.com.au/
Copyright: 1998 David Syme & Co Ltd
Author: Penelope Debelle

CANNABIS CRASH RISK LESS: STUDY

The largest study ever done linking road accidents with drugs and
alcohol has found drivers with cannabis in their blood were no more at
risk than those who were drug-free.

In fact, the findings by a pharmacology team from the University of
Adelaide and Transport SA showed drivers who had smoked marijuana were
marginally less likely to have an accident than those who were drug-free.

A study spokesman, Dr Jason White, said the difference was not great
enough to be statistically significant but could be explained by
anecdotal evidence that marijuana smokers were more cautious and drove
more slowly because of altered time perception.

"Essentially it is the same as if there was no drug," Dr White
said.

"If there is any improvement (in driving) I don't think it is because
of the drug itself but because of what people do because the drug is
there."

The study of 2500 accidents, which matched the blood alcohol levels of
injured drivers with details from police reports, has policy
implications for those who argue drug detection should be a new focus
for road safety.

In Victoria, legislation will be introduced into Parliament in the
spring session to create a new offence of driving while impaired by
drugs.

Dr White said the study showed the importance of concentrating efforts
on alcohol rather than other drugs. "In Victoria particularly there is
a strong move to look at cannabis and the development of roadside
testing," he said.
-------------------------------------------------------------------

Study Goes to Pot (The version in The Canberra Times)

Date: Thu, 22 Oct 1998 13:13:43 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: Study Goes to Pot
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: kwr01@uow.edu.au (Ken Russell)
Source: Canberra Times (Australia)
Contact: letters.editor@canberratimes.com.au
Website: http://www.canberratimes.com.au/
Pubdate: Wed, 21 Oct 1998

STUDY GOES TO POT

ADELAIDE: Drivers who use marijuana are less likely to cause road
accidents than drunk drivers or even drug-free drivers, a study has found.

The study, the most comprehensive of its kind in the world, prompted
researchers to warn against diverting resources from anti-drink driving
campaigns to campaigns against driving under the influence of drugs.
Conducted by a team from the University of Adelaide's pharmacology
department and Transport SA, the study used analyses of blood samples from
2500 drivers injured in accidents in South Australia. In their attempt to
define whether cannabis and other drugs played a large role in road
accidents, researchers used information from the police report on each
crash to determine whether the injured driver was culpable.

Drug-free drivers caused the accidents in 53.5 per cent of cases.

Injured drivers with a blood-alcohol concentration of more than 0.05 per
cent were culpable in nearly 90 per cent of accidents they were involved
in. Drivers with cannabis in their blood were less likely to cause an
accident, with a culpability rate of 50.6 per cent.
-------------------------------------------------------------------

Study Finds Cannabis Not Cause Of Automobile Accidents (A summary of news
that appeared in both The Age and The Canberra Times, in Australia.)

Date: Wed, 21 Oct 1998 18:12:41 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: Study Finds Cannabis Not Cause Of Automobile
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: shug (shug@shuggie.naespam.demon.co.uk)
Source: (1) The Age (2) The Canberra Times
Pubdate: 21 October 1998
Contact: Age: letters@theage.fairfax.com.au
Times: letters.editor@canberratimes.com.au
Websites: http://www.theage.com.au/
http://www.canberratimes.com.au/
Note: Headline by Newshawk. Infrequently we receive a summary of an
important news item, rather than the actual item. The following, from an
Australian email list, appears to be a summary.

STUDY FINDS CANNABIS NOT CAUSE OF AUTOMOBILE ACCIDENTS

The largest study ever done linking road accidents with drugs and alcohol
has found drivers with cannabis in their blood were no more at risk than
those who were drug-free. In fact, the findings by a pharmacology team from
the University of Adelaide and Transport SA showed drivers who had smoked
marijuana were marginally less likely to have an accident than those who
were drug-free.

A study spokesman, Dr Jason White, said the difference was not great enough
to be statistically significant but could be explained by anecdotal
evidence that marijuana smokers were more cautious and drove more slowly
because of altered time perception. The study of 2,500 accidents, which
matched the blood alcohol levels of injured drivers with details from
police reports, found drug-free drivers caused the accidents in 53.5 per
cent of cases.

Injured drivers with a blood-alcohol concentration of more than 0.05 per
cent were culpable in nearly 90 per cent of accidents they were involved
in. Drivers with cannabis in their blood were less likely to cause an
accident, with a culpability rate of 50.6 per cent. The study has policy
implications for those who argue drug detection should be a new focus for
road safety. Dr White said the study showed the importance of concentrating
efforts on alcohol rather than other drugs.
-------------------------------------------------------------------

Swiss Decline To Charge Salinas (A Chicago Tribune story
in The Orange County Register says that after years of threats, authorities
in Switzerland have decided not to press money-laundering charges against
Raul Salinas, the elder brother of Mexico's former president, due to his
indictment on murder charges. However, the Swiss said Tuesday they had
frozen Salinas' bank accounts totaling about $115 million and would keep
the funds "for the benefit of the state" because they were linked to
narcotics trafficking.)

Date: Wed, 21 Oct 1998 09:04:45 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Switzerland: Swiss Decline To Charge Salinas
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John W. Black
Source: Orange County Register (CA)
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Copyright: 1998 The Orange County Register
Pubdate: 21 Oct 1998
Author: Paul de la Garza-Chicago Tribune

SWISS DECLINE TO CHARGE SALINAS

Crime: The brother of the ex-president of Mexico already is facing murder
charges in his homeland.

Mexico City-After years of threats, Swiss authorities have decided not to
press money-laundering charges against Raul Salinas, the elder brother of
Mexico's former president.

The Swiss, however, said Tuesday that they have frozen accounts of Salinas
totaling some $115 million, arguing that the money is linked to narcotics
trafficking. The government said it would keep the funds "for the benefit
of the state." Salinas is appealing to the Swiss Supreme Court to recover
the funds.

Swiss officials in Geneva said they were dropping money-laundering charges
because Salinas already faces murder charges in Mexico.Salinas, who never
has been convicted of a crime, remains behind bars in a prison outside
Mexico City.

At a newspaper conference Tuesday, attorneys for Raul Salinas accused the
Swiss authorities of pursuing the case in an effort to illegally keep the
money and to sully the reputation of Mexico as a "narcostate."

Edurado Luengo, one of Salinas' attorneys, also said Swiss investigators
had relied on information from informants of the U.S. Drug Enforcement
Administration, and suggested that the informants were paid to provide
incorrect information about his client.

A spokeswoman for the DEA in Washington said she could not comment because
she was not familiar with the allegations. U.S. Embassy officials in Mexico
City were not available for comment.

The decision clearly caught some Mexican officials by surprise.News reports
in American newspapers, some apparently based on leaks by Swiss government
officials, had indicated strong links between Raul Salinas and narcotics
traffickers.

Raul Salinas has maintained his innocence, indicating the money in the
Swiss accounts came from business associates who gave him money to invest.

"The only reason(for the investigation) is to illegally seize the money,"
Salinas said in an open letter published Tuesday. "They invented an
unbelievable story of narcofiction."
-------------------------------------------------------------------

$114m ordered seized from Mexican - Swiss say Raul Salinas was paid
for drug role (The Boston Globe version)

From: "Bob Owen@W.H.E.N." (when@olywa.net)
To: "News" (editor@mapinc.org), "_Drug Policy --" (when@hemp.net)
Subject: Swiss say Raul Salinas was paid for drug role
Date: Wed, 21 Oct 1998 19:19:49 -0700
Sender: owner-when@hemp.net

$114m ordered seized from Mexican
Swiss say Raul Salinas was paid for drug role

By Richard Chacón , Globe Staff, 10/21/98

MEXICO CITY - More than $100 million belonging to the brother of a former
Mexican president was ordered confiscated by Swiss authorities, who say he
got the money for protecting drug shipments to the United States.

Immediately after the announcement in Switzerland yesterday, Raul Salinas de
Gortari, whose brother served as Mexico's president from 1988 to 1994,
declared his innocence and accused Swiss and US investigators of fabricating
evidence against him. His denials were delivered from a Mexican prison,
where he is being held in the death of a political rival.

Yesterday's developments are the latest and most public chapters yet in a
nearly three-year saga between law enforcement authorities and one of this
country's once-powerful but now disgraced political families.

Carlos Salinas, who has been in exile since leaving office, is blamed by
many Mexicans for causing the 1994 peso crisis.

Older brother Raul, a former Mexico City police chief and one of his closest
political advisers, stands accused of protecting drug cartel shipments in
exchange for hundreds of millions of dollars. He has also been charged with
illegal enrichment while he was a government official and with masterminding
the murder of Jose Francisco Ruiz Massieu, a former brother-in-law and top
ruling party official who was a political rival.

Swiss authorities say Salinas deposited up to $450 million in overseas
accounts from more than $500 million he received to protect US-bound drug
shipments.

Most of the money ordered confiscated yesterday, $89.9 million, is in Swiss
bank accounts. The prosecutors also are asking Britain to seize $24.5
million.

Swiss prosecutor Carla del Ponte discussed the case against Salinas at a
news conference in Bern.

Salinas, in a letter from prison, said the money in the accounts was
received from business associates and was to be used for investments.

Salinas said the Swiss had "illegally seized these resources" and that "not
once have they demonstrated interest in finding justice."

Salinas's lawyers also argued that Swiss authorities based their
investigation mostly on testimony gathered from anonymous witnesses
interviewed by US officials. Eduardo Luengo Creel, one of Salinas's
attorneys, said many of the witnesses were either paid or were criminals who
had their sentences reduced in exchange for their testimony.

"The objective of [Swiss and US investigators] is to depict Mexico and the
Mexican government as a drug state," Luengo added. He promised that he would
file an appeal with the Swiss supreme court.

Mexican prosecutors last week asked for the maximum sentence - 50 years in
prison - if Salinas is convicted in Ruiz's death.

Mexican newspapers reported over the weekend that several members of
Salinas's family, including the former president, met in Cuba to come up
with a strategy to counter the Swiss announcement, which they had been
expecting.

Swiss prosecutors said the money in the accounts appeared to have been
laundered, but dropped a criminal case against Salinas earlier in deference
to a similar investigation begun by Mexico.

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

[End]

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