------------------------------------------------------------------- Final Oregon Election Results (Links to the official tallies for Ballot Measure 57 and Ballot Measure 67 at the state government's web site. Includes A link to the state's official election documents for the Oregon Medical Marijuana Act.) Text of Ballot Measure 67 - the Oregon Medical Marijuana Act. http://www.sos.state.or.us/elections/nov398/guide/measure/m67.htm Includes the official voter guide Explanatory Statement, Arguments in Favor; Arguments in Opposition; and Measure Contents Page *** Ballot Measure 57 - The state's official election results show the referendum on recriminalizing possession of less than one ounce of marijuana was rejected by more than two-thirds of voters, 736,968 to 371,967, and lost by a majority in every one of Oregon's 36 counties. More people voted to oppose recrim than the 717,061 who voted to re-elect John "Prisons" Kitzhaber as governor. http://www.sos.state.or.us/elections/nov398/other.info/m57.htm *** Ballot Measure 67 - The state's final election results show the Oregon Medical Marijuana Act won by 54 percent to 46 percent, or 611,190 to 508,263. A breakdown of results by the state's 36 counties shows voters actually rejected the initiative in these 23 counties: Baker, Crook, Douglas, Gilliam, Grant, Harney, Jackson, Jeffersion, Josephine, Klamath, Lake, Linn, Malheur, Marion, Morrow, Polk, Sherman, Umatilla, Union, Wallowa, Wasco, Wheeler and Yamhill. The OMMA passed in Multnomah County by 134,719 to 75,854. http://www.sos.state.or.us/elections/nov398/other.info/m67.htm - compiled by Portland NORML
------------------------------------------------------------------- 57 Fails - KATU Declares! (A Salem, Oregon, list subscriber says KATU-2, Portland's ABC affiliate, has declared Measure 57 a loser, meaning marijuana will remain decriminalized in Oregon.) Date: Tue, 03 Nov 1998 20:55:21 -0800 From: Paul Freedom (nepal@teleport.com) Organization: Oregon Libertarian Patriots To: Cannabis Patriots (Cannabis-Patriots-L@teleport.com) Subject: CanPat - 57 Fails-KATU-Declares! Sender: owner-cannabis-patriots-l@smtp.teleport.com Ballot Measure 57 Fails-KATU-Declares! Cannabis will NOT be recriminalized in Oregon! Now on to legalization! PF
------------------------------------------------------------------- Measure 67! KATU Projects a Winner (A late-night correspondent says Portland's ABC affiliate has also called the Oregon Medical Marijuana Act a winner.) Date: Tue, 03 Nov 1998 23:47:45 -0800 From: Paul Freedom (nepal@teleport.com) Organization: Oregon Libertarian Patriots To: Cannabis Patriots (Cannabis-Patriots-L@teleport.com) Subject: CanPat - Measure 67! KATU Projects a winner-57 fails! Sender: owner-cannabis-patriots-l@smtp.teleport.com Measure 67! KATU Projects a winner by the pollster Tim Hibbetts. So we have defeated 57 and won 67! Now it's time to finish the job! Thanks to all who helped and voted! Measure 67 allows medical marijuana and 57 would have recriminalized cannabis. We successfully defeated the draconian legislatures bad law 57. Think of all the time and money that could have gone to better things. for victory! Paul Freedom
------------------------------------------------------------------- Measure 57 - Official Results (Post-election certified tallies from the Oregon Secretary of State show the recriminalization of marijuana possession lost by 736,968 votes to 371,967 votes. It lost in every one of the state's 36 counties, with more people opposing recrim than the 717,061 who voted to re-elect John "Prisons" Kitzhaber as governor.) found at: http://www.sos.state.or.us/elections/nov398/other.info/m57.htmOfficial Results
November 3, 1998 General Election
State Measure 57
STATE MEASURE NO. 57 |
||
County | Yes | *No |
Baker | 2,423 | 3,837 |
Benton | 8,504 | 20,646 |
Clackamas | 40,210 | 74,054 |
Clatsop | 4,241 | 8,603 |
Columbia | 6,366 | 10,358 |
Coos | 8,761 | 15,405 |
Crook | 2,131 | 3,372 |
Curry | 3,239 | 5,859 |
Deschutes | 13,031 | 26,200 |
Douglas | 14,021 | 22,656 |
Gilliam | 311 | 482 |
Grant | 1,254 | 1,791 |
Harney | 1,163 | 1,555 |
Hood River | 1,945 | 3,885 |
Jackson | 18,112 | 39,484 |
Jefferson | 1,834 | 3,232 |
Josephine | 9,042 | 18,102 |
Klamath | 6,561 | 11,571 |
Lake | 1,280 | 1,857 |
Lane | 31,706 | 81,621 |
Lincoln | 5,840 | 11,665 |
Linn | 13,392 | 20,262 |
Malheur | 3,198 | 4,174 |
Marion | 31,744 | 55,377 |
Morrow | 1,027 | 1,598 |
Multnomah | 62,308 | 145,799 |
Polk | 7,602 | 13,448 |
Sherman | 332 | 526 |
Tillamook | 3,639 | 6,418 |
Umatilla | 5,471 | 8,935 |
Union | 3,398 | 5,387 |
Wallowa | 1,213 | 1,991 |
Wasco | 3,106 | 5,365 |
Washington | 43,556 | 84,163 |
Wheeler | 280 | 409 |
Yamhill | 9,726 | 16,881 |
TOTAL | 371,967 | 736,968 |
------------------------------------------------------------------- Oregonians for Medical Rights Toll Free Hotline (Have a question about the Oregon Medical Marijuana Act? Call the sponsors of Measure 67 beginning Thursday at 1-877-600-6767.) From: "Rick Bayer" (ricbayer@teleport.com) To: "Dpfor@Drugsense. Org" (dpfor@drugsense.org) Subject: Oregonians for Medical Rights Toll Free Hotline Date: Tue, 3 Nov 1998 15:01:42 -0800 Friends I was just informed by Oregonians for Medical Rights (OMR) campaign mgr., Geoff Sugerman, that starting Thursday, November 5, there will be a toll free hotline. One can call 1-877-600-6767, ask questions, and get answers about the Oregon Medical Marijuana Act. The calls will be answered by OMR staff (i.e. not me because the campaign office is in Salem and I live in Portland). Thank you Geoff and Amy and OMR for providing this service. Before November 5, the campaign office number for OMR/Measure 67/Oregon Medical Marijuana Act remains 1-503-371-4711 (Salem, Oregon) and my home phone number (Portland, Oregon) is below. The website http://www.teleport.com/~omr will still exist until next Spring (i.e. until the bill becomes due again). Everyone is free to download anything from the website and use it on their own website (for example, the medical marijuana bibliography). I couldn't care less whether anyone gives me credit for anything on the website so you can chop off the "webmaster" stuff and my comments after some of the articles that I posted (the Vinciguerra and Chang articles). All is ask is that you use the information to help promote the rights of patients. Maybe Bob Kiselosky and Ed Glick or maybe Phil Smith and PDXNORML or maybe Sandee Burbank and M.A.M.A. want to add the mmj biblio, etc. to their sites Thanks to everyone. Sincerely, Rick Bayer 6800 SW Canyon Drive Portland, OR 97225 503-292-1035 (voice) 503-297-0754 (fax) mailto:ricbayer@teleport.com
------------------------------------------------------------------- Man killed defending 60 pot plants (The Associated Press doesn't seem to consider that, thanks to Oregon's Draconian marijuana cultivation laws, 63-year-old Lewis Stanley McClendon may have had reason to believe he was about to be hauled off to prison for the rest of his life.) Associated Press found at: http://www.oregonlive.com/ feedback (letters to the editor): feedback@thewire.ap.org Man killed defending 60 pot plants The Associated Press 11/3/98 3:05 AM TILLER, Ore. (AP) -- A suspected marijuana grower who opened fire on officers and died in the ensuing gunfight gave his life in defense of 60 pot plants, authorities said. The plants, each up to 8 feet tall, were found on 63-year-old Lewis Stanley McClendon's rural southern Oregon property after the investigation into Friday's shootout, which left two deputies injured. McClendon came out firing a .357-Magnum handgun when a team of narcotics officers came to serve a search his home and barn about 17 miles northeast of Tiller, authorities said. Douglas County sheriff's deputies Coy Kratz and Jeff Admire were shot before they could even get out of their squad cars. Kratz was hospitalized in fair condition with bullet wounds to his legs. Admire was released from the hospital Saturday after being treated for a wound to the leg and a deep bruise to his chest, where a bullet struck his flak jacket. Little information about McClendon, who also made music boxes, was available Monday, although a police mugshot on file indicates he was known to authorities. The officers had reports there was an indoor marijuana-growing operation at McClendon's residence. (c)1998 Oregon Live LLC Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
------------------------------------------------------------------- Corrections officials say prison system stretched to limit after suicides (The Associated Press says four suicides in the past two months by prisoners of the state of Oregon have stretched mental-health-care employees at the Oregon Department of Corrections to the limit. In the last 11 months, prisoners whom the state deems mentally ill in the 8,500-inmate system climbed from 13.5 percent to 17.2 percent, or almost one of every five incarcerated.) Associated Press found at: http://www.oregonlive.com/ feedback (letters to the editor): feedback@thewire.ap.org Corrections officials say prison system stretched to limit after suicides The Associated Press 11/3/98 4:05 PM SALEM, Ore. (AP) -- Four prison suicides in the past two months have stretched mental health care workers to the limit in a state prison system overloaded with mentally ill inmates, officials say. "We continue to work hard to prevent suicides. However, it is becoming more and more difficult," said Gary Field, administrator of Corrections Department mental health programs. In the last 11 months, mental health cases in the 8,500-inmate prison system climbed from 13.5 percent to 17.2 percent, or almost one of every five inmates. "We think that the general public needs to be aware of it," Field said. "I don't know that we have all the solutions." Advocates for the mentally ill say a growing number don't meet the narrow criteria making them eligible for psychiatric care in communities. As a result, more people with untreated psychiatric problems are committing crimes. Multnomah County, the state's most populous county, is fueling the trend this year. Of 294 new admissions to the mental health caseload in Oregon prisons between January and June, 134 came from Multnomah County. The surge of mentally troubled inmates is straining the system not only because of sheer numbers but also because case managers are dealing with more symptoms -- everything from hallucinations to drug-induced psychoses. "The acuity, or the degree, of mental illness also is going up," Field said. "We can't prove it, but it's a pretty common perception among our staff." The chain of suicides started Aug. 30, when Stanley Reger, 50, hanged himself with a bedsheet in his general population cell at the Oregon State Penitentiary. Reger was a convicted killer who began serving a life sentence from Deschutes County in 1976. His suicide came less than two weeks after he graduated from a nine-month program designed to help mentally ill inmates live in mainstream prison populations. His mother, Joan Nemchick of Stayton, said her son took anti-psychotic medication to control paranoid schizophenia. When the 6-8, 250-pound inmate skipped his medications, he perceived himself threatened by various enemies, she said. In a letter to Nemchick dated Aug. 29, Reger told of being frightened upon returning to his general population cell, located on the penitentiary's D Block. "I'm still pretty scared and they are still yelling at me the word `RAT' and threatening to kill me -- so I guess I'm not dead yet," he wrote. The second suicide came on Sept. 27 when John Norris, 31, hanged himself with a bedsheet in a disciplinary cell at the penitentiary. The next day, Solomon Abernathy, 21, was found hanging in a disciplinary cell at the Eastern Oregon Correctional Institution near Pendleton. The fourth suicide victim, Loretta Hill, 26, had a history of self-destructive behavior. She was found hanging in her cell at the Oregon Women's Correctional Center at 9:40 p.m. Saturday. In addition to harming herself, Hill sometimes lashed out at other inmates. In 1995, she attacked an inmate with a razor blade. In March, while locked up at the Columbia River Correctional Institution, she put a padlock in a sock and pounded another inmate who was sleeping. But unlike Hill, the hangings of Reger, Norris and Abernathy surprised prison staff because none had showed signs of depression or self-destructive behavior, said Field, who investigates every prison suicide. "In each case, I really don't see any fault by any of our staff in terms of the protocols we have set up to identify and manage suicide potential," he said. "In each case, the individual did not give off the kinds of cues we look for." (c)1998 Oregon Live LLC Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
------------------------------------------------------------------- Judge rules search lawful in fatal shooting (The Associated Press says Multnomah County Circuit Judge Linda Bergman ruled Monday that members of the Marijuana Task Force who broke down the door of Portland resident Steven Dons without a warrant were conducting a legal search of a suspected marijuana growing operation when an officer was killed in a shootout last January. Dons died mysteriously in police custody, but his roommate, Jeffrey Moore, 45, was scheduled for trial Tuesday on drug and child endangerment charges because he allegedly knew about Dons' marijuana and guns and allowed his two children, then 7 and 9, near them during a visit.) Associated Press found at: http://www.oregonlive.com/ feedback (letters to the editor): feedback@thewire.ap.org Judge rules search lawful in fatal shooting The Associated Press 11/3/98 3:11 AM PORTLAND, Ore. (AP) -- A judge has ruled that police were conducting a legal search of a suspected marijuana growing operation when an officer was killed in a shootout last January. Prosecutors said that police broke down a door because Steven Dons started burning marijuana plants that could be used as evidence. Dons fired an assault rifle, killing Officer Colleen Waibel and seriously wounding Officer Kim Keist. Sgt. Jim Hudson suffered a minor wound. Dons was paralyzed from the waist down in the gunfire and killed himself in his Justice Center jail cell a month later. Dons' roommate, Jeffrey Moore, 45, was scheduled for trial Tuesday on drug and child endangerment charges. He allegedly allowed his two children, then 7 and 9, to be near drugs, guns and ammunition in the house during a visit. An attorney for Moore, who rented the house, tried to have evidence thrown out, saying officers left out critical information when they sought a search warrant. But Multnomah County Circuit Judge Linda Bergman ruled Monday the omissions were not intentional or material. Police say the ruling vindicates their actions that day and their use of "knock-and-talks," a technique to obtain owner's consent to search a property or establish probable cause for a search warrant of suspected marijuana grow operations. During the raid, Moore was at Mount Hood Community College, where he worked as a computer network specialist. Meanwhile, Keist, who has been on leave since the shooting, returned to work Monday in the Drugs and Vice Division. (c)1998 Oregon Live LLC Copyright 1997 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
------------------------------------------------------------------- Judge finds officers lawful in search (The Oregonian version also does not explain why someone who allegedly had 51 marijuana plants would try to burn the wet greenery in a little wood stove, a process that would take days, even with enough fuel to keep the fire burning, and would permeate the whole neighborhood with an unmistakable odor. The judge in Portland also apparently never heard of the "poison fruit" doctrine, since prohibition agents first became interested in Steven Dons while violating a legal settlement in which they had agreed to stop monitoring customers of American Agriculture, the hydroponics store at Southeast 92nd Avenue and Stark Street.) The Oregonian letters to editor: letters@news.oregonian.com 1320 SW Broadway Portland, OR 97201 Web: http://www.oregonlive.com/ Judge finds officers lawful in search * Police tell what led to the search of a suspected marijuana-growing operation in SE Portland that ended in a fatal shootout Tuesday, November 3 1998 By David R. Anderson of The Oregonian staff A judge ruled Monday that Portland police acted lawfully when they tried to search a Southeast Portland house where one officer died and two were wounded in a shootout. During motions on evidence issues, officers with the Marijuana Task Force said they first suspected a marijuana-growing operation in Jeffery Harlan Moore's house after following a car there from a store that sells plant-growing equipment. Moore's trial on drug and child endangerment charges starts today. An attorney for Moore, 45, who rented the house, tried to have evidence thrown out, saying officers left out critical information when they sought a search warrant. But Multnomah County Circuit Judge Linda Bergman ruled the omissions were not intentional or material. Police say the ruling vindicates their actions that day and their use of "knock-and-talks," a technique to obtain owner's consent to search a property or establish probable cause for a search warrant of suspected marijuana grow operations. Prosecutors say Moore's roommate, Steven D. Dons, started burning marijuana plants when officers showed up at the house at 2612 S.E. 111th Ave. on Jan. 27. When police broke in the front door after thinking Dons was burning evidence, Dons fired an assault rifle, killing Officer Colleen Waibel and injuring Officer Kim Keist and Sgt. Jim Hudson. Dons was paralyzed from the waist down in the gunfire and killed himself in his Justice Center jail cell a month later. Keist, who has been on leave since the shooting, returned to work Monday in the Drugs and Vice Division. She declined to comment further. Officers with the Marijuana Task Force testified Monday that they first became suspicious about the house Oct. 10, 1997. They were on surveillance of American Agriculture, 9220 S.E. Stark St., which sells plant-growing equipment such as halide lights that are often found in marijuana grow operations. Two people drove up in a black Chevy Camaro and went inside the store. They came out about 10 minutes later with growing equipment they put into the car. Police photographed and videotaped them. Police then followed the car to a Southeast Portland nursery and to the house on Southeast 111th. Police did not talk to anyone at the house that day but began a file on the location, Officers Brian Schmautz and Nathan Shropshire testified. American Agriculture had filed a lawsuit against the city and the Police Bureau in October 1995, claiming police slandered the store and intentionally interfered in their business relations. In May 1997, the city and American Agriculture Inc. settled. The company dismissed its suit in exchange for the city agreeing that police would no longer conduct overt surveillance, which might scare away customers. Moore's attorney, Lynne Morgan, said police did not include that information in a probable cause affidavit in trying to get a search warrant and violated the settlement by photographing and following customers. Officers also did not say in the affidavit that they had stopped at the house Dec. 10 and smelled no marijuana. On Jan. 27, officers stopped at the house shortly before 11 a.m. Schmautz, Shropshire and Oregon State Police Detective Tom McCartney went to the front door. At first only Schmautz smelled growing marijuana, he said. They left, but Schmautz wanted to try again. The second time, all three smelled it, and they sought a search warrant, he said. Again, Morgan said the officers should have mentioned in the affidavit that only Schmautz had smelled marijuana the first time. Morgan also said the officers failed to mention that earlier Jan. 27 they had seized a marijuana-growing operation with about 100 plants, which could have explained why they still smelled marijuana. But Jim McIntyre, a senior deputy district attorney, told the judge the officers statements were true, and they acted in good faith.
------------------------------------------------------------------- I-692 declared a 'W' (A bulletin from Americans for Medical Rights says KIRO in Seattle, citing exit polls, has called Initiative 692, the Washington state medical marijuana ballot measure, a winner.) Date: Tue, 3 Nov 1998 20:07:01 -0800 (PST) To: AMR coordinators: ";AMR/updates list":; From: Dave Fratello (amr@lainet.com) Subject: WA - I-692 declared a 'W' KIRO News in Seattle has declared Initiative 692 a winner based on exit polling. The numbers they had were 60% yes, 40% no. - df *** Reply-To: "Allison Bigelow" (whc@cnw.com) From: "Allison Bigelow" (whc@cnw.com) To: "hemp-talk list" (hemp-talk@hemp.net) Subject: HT: I-692 Passes! Date: Tue, 3 Nov 1998 20:21:03 -0800 Sender: owner-hemp-talk@hemp.net Hey all, Just got the word on ABC election coverage that I-692 passed with a 61% vote! YeeHah! Congratulations to all! Love, Allison *** Subject: HT: Congratulations! Date: Tue, 3 Nov 98 22:02:20 -0800 From: YES on 692 (cdpr@eventure.com) To: "Hemp Talk" (hemp-talk@hemp.net) Sender: owner-hemp-talk@hemp.net Hi All... Just a quick note to say congrats to all of you for this victory! This has been a hard fought battle, and we in Washington can be proud of all the work that we have been able to accomplish... My mind continues to go towards Ralph Seeley, and this win, for me, is dedicated to him... I am proud to have been a part of this effort, and to worked with so many of you... 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
------------------------------------------------------------------- Marvin Chavez Trial This Week (A local correspondent covers the trial beginning this week of the founder of the Orange County Patient-Doctor-Nurse Support Group. On Tuesday, Judge Frank Fasel transferred the case to Judge Kazuharu Nakino, who rejected a defense motion to disqualify the prosecutor, Deputy District Attorney Carl Armbrust, and then transferred the case to Judge Thomas J. Borris. Judge Borris will hear arguments to allow a 215 defense tomorrow. A jury will be selected Thursday morning, and the trial will begin Thursday afternoon. The trial is expected to last seven days.) From: FilmMakerZ@aol.com Date: Tue, 3 Nov 1998 22:21:36 EST To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org) Subject: Marvin Chavez Trial This Week Reply-To: drctalk@drcnet.org Sender: owner-drctalk@drcnet.org Marvin Chavez is in court this week for charges of "sales" of cannabis after giving it away to confirmed medical patients under Proposition 215. On Monday, defense attorneys David Nick and James Silva filed a motion to have DA prosecutor Carl Armbrust removed because of biased remarks he has made to the media. Armbrust has written a letter to the editor in the Orange County Register denouncing medical marijuana advocates and has called Chavez a "pot peddler." Armbrust asked for a day to respond. On Tuesday, Judge Frank Fasel transferred the case to Judge Kazuharu Nakino because he is in the midst of a three week trial. Judge Nakino heard the motion to have Armbrust removed. He questioned why the motion wasn't filed sooner in a timely fashion and why it wasn't filed with the Attorney General. Silva and Nick responded that they only found out about Armbrust's remarks a few days earlier and that they filed it as soon as they found out. Judge Nakino felt that wasn't good enough and denied the motion. He then had the case transferred again out of the Santa Ana courthouse altogether to Judge Thomas J. Borris at the Westminster courthouse. Judge Borris is a former defense attorney, which could help Chavez's chances of receiving a fair trial in Orange County, the heart of the anti-215 crusade. Judge Borris said he would reconsider the denial of a 215 defense for Chavez. He said all judges are different individuals with different opinions, and since he was the judge on the case now, he would hear arguments himself considering the 215 defense. Included in his decision will be a decision on a motion by Armbrust to exclude any reference to Proposition 215, including records and receipts of the Orange County Cannabis Co-Op. Armbrust withheld confiscated Co-Op donation receipts from the defense until a couple of weeks ago, on the eve of the trial, causing the hearing to be delayed so Chavez's attorneys could have time to look over all the receipts. David Nick asked Borris to issue a gag order to prevent Armbrust from speaking to the media during the trial to prevent him from making further biased remarks. Borris asked Armbrust if he was going to be holding press conferences outside the courtroom, and Armbrust said he was not, so Borris did not issue a gag order. He said if the issue comes up later in the trial, he could readdress it. Judge Borris will hear arguments to allow a 215 defense tomorrow, Wednesday, November 4, at 1:30 pm. Jury will be selected Thursday morning, and the trial will begin Thursday afternoon. The trial is expected to last seven days. HOW YOU CAN HELP: If you live in the area, you can come to the hearing at the Westminster court, 8141 13th Street, Westminster, CA, Department 16, second floor. If you are able, you can make a donation to help with defense costs. Make checks out and send to: Orange County Patient-Doctor-Nurse Support Group P.O. Box 6826 Santa Ana, CA 92706
------------------------------------------------------------------- Island Voters Support Pot for Medical Uses - Poll (According to The Hawaii Tribune Herald, a public opinion poll carried out for 'Ohana Aloha, an organization of "religious and medical practitioners of cannabis," says voters in Hawai'i also strongly back the legalization of industrial hemp.) Date: Wed, 4 Nov 1998 11:32:44 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US HI: Island Voters Support Pot for Medical Uses - Poll Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Roger Christie pakaloha@gte.net Pubdate: Tue, 03 Nov 1998 Source: Hawaii Tribune-Herald (HI) Contact: dave@hilohawaiitribune.com Website: http://www.hilohawaiitribune.com/ Copyright: Hawaii Tribune Herald. Author: Hunter Bishop ISLAND VOTERS SUPPORT POT FOR MEDICAL USES - POLL Hawai'i voters overwhelmingly favor the use of marijuana for medical purposes, according to a recent statewide poll. Voters also strongly back the legalization of hemp, a less potent form of marijuana, to be grown for industrial uses in Hawai'i. Results of the public opinion poll were handed out in a press release last week by 'Ohana Aloha, an organization of "religious and medical practitioners of cannabis," said Big Island spokesman Roger Christie, a longtime advocate of marijuana. Jim Gonzalez, a former San Francisco supervisor, commissioned the public opinion poll. Gonzalez helped enact the nation's first medical marijuana initiative in San Francisco in 1991. Sixty-three percent of respondents in Hawai'i either said they "strongly" support or "somewhat" support the use of marijuana for medicinal purposes. Twenty-eight percent either are somewhat opposed or strongly opposed to it. Ten percent were undecided. Sixty-two percent of Hawai'i voters also favor industrial hemp, the poll shows, while 21 percent opposed industrial hemp. Almost 18 percent of the respondents said they are undecided. The polling firm of Fairbank, Maslin, Maullin and Associates, with offices in San Francisco and Oakland, Ca., conducted the telephone survey last month. Christie said GOP gubernatorial candidate Linda Lingle promised a Maui user of medical marijuana that she would support its legal use if a poll showed Hawaii's voters favor it. Lingle spokeswoman Kitty Lagareta denied the mayor made that promise, however, and said Lingle has not taken a position on industrial hemp or medical marijuana. "Those are not primary issues," Lagareta said. "If its helpful, she might consider medical marijuana," Lagareta said, "But she has taken no position." Gov. Cayetano has endorsed the development of industrial hemp in Hawai'i but has taken no position on medical marijuana, said the governor's spokeswoman Kathleen Racuya-Markrich. Voters in five states and the District of Columbia will be voting today on questions relating to legalizing marijuana for medical use. Hawai'i is not among them, however. Marijuana and hemp are illegal for any uses in Hawai'i. Christie, however, said the poll shows the "silent majority" of voters in Hawai'i support medical marijuana and industrial use of hemp by a margin of more than 2 to 1. Gonzalez now runs his own lobbying and public relations firm in Sacramento and represents, among other clients, Americans for Medical Rights, the group behind a successful medical marijuana initiative on the California ballot in 1996. "I had heard there was some debate in Hawai'i, and I decided to find out about it as an academic exercise," Gonzalez said. "I'm still looking at the analysis," Gonzalez said. "There is a lot for the legislators and the new governor, if there is one, to look at." Research associate Laurie Beijin of the polling firm said "definitely Hawai'i is very supportive of medical marijuana, more so than in some other states" where the firm has conducted polls. Four hundred respondents from throughout Hawai'i first were screened for their likelihood to vote in the general election, Beijin said. The poll, conducted September 30 to October 4, has a margin of error of 4.9 percent, Beijin said.
------------------------------------------------------------------- Mix-Up Leads To Release Of Marijuana-Bust Suspects (The Deseret News in Utah says three Mexican nationals and a Salt Lake resident were released after federal prosecutors failed to act on the case within 72 hours. The men were arrested and booked into the Salt Lake County Jail after prohibition agents discovered more than 1,000 plants Oct. 20 in Emigration Canyon that they valued at $700 each.) Date: Wed, 4 Nov 1998 17:15:55 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US UT: Mix-Up Leads To Release Of Marijuana-Bust Suspects 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: Tue, 3 Nov 1998 Source: Deseret News (UT) Contact: letters@desnews.com Website: http://www.desnews.com/ MIX-UP LEADS TO RELEASE OF MARIJUANA-BUST SUSPECTS A "mix-up" among the agencies involved in a massive marijuana bust led to the release of the men accused of growing the plants, authorities said. "There was just some confusion between the agencies who handled it," said Gil Garcia, commander of the Department of Safety's drug unit. "It's difficult to say whose fault it was. (The Department of Public Safety) was the leading agency, so we're taking responsibility." Four men were arrested and booked into the Salt Lake County Jail in connection to a huge marijuana crop found in Emigration Canyon Oct. 20. Authorities discovered more than 1,000 plants -- worth about $700,000. It was one of Utah's biggest marijuana harvests ever found. The Department of Public Safety had 72 hours to turn the investigation over to federal prosecutors. They failed to do so and the men were released from jail. DPS turned the case over to prosecutors the day after the release and formal charges were filed Friday. Salvador Mondragon-Ramos, Enrique Espinozo-Aquillar, Octoviano Medel Bernadaodino and Humberto Ramirez-Rincon each face a count of manufacturing marijuana and aiding and abetting, according to U.S. District Court documents. But the charges may have come too late. Three of the defendants may have left Utah for their native country of Mexico. If that's the case, Utah authorities have no way to bring them back for trial, Garcia said. One of the defendants is a Salt Lake resident and was picked up on Friday. He was arraigned in federal court. Garcia knows the charges will discourage the other three from returning to Utah but believes they may try to come back after the case "blows over," he said. "We're still actively looking for them," Garcia added.
------------------------------------------------------------------- Colorado results online (Americans for Medical Rights notes for some reason, votes are being counted for the Colorado medical marijuana initiative that was disqualified after ballots were printed. With 2 percent of precincts counted, Amendment 19 leads 59 percent to 41 percent.) Date: Tue, 3 Nov 1998 19:18:51 -0800 (PST) To: AMR/updates list:; From: Dave Fratello (amr@lainet.com) Subject: Colorado results online Surprise - Colorado results are appearing on-line As of 8:15 pm local time, the CBS News site was posting results on the medical marijuana initiative. With 2% reporting, 59% - 20,975 votes 41% - 14,821 votes Constantly updated results are available at: http://event.cbs.com/state/state_co.html Let's see how long the Amendment 19 results stay up and/or current... - df
------------------------------------------------------------------- Grand Juror - Justice Not Done In Oregon Case (The Houston Chronicle says Simon Rodriguez, a retired Internal Revenue Service officer, served as the assistant foreman on the Harris County grand jury that investigated the death of Pedro Oregon Navarro at the hands of six Houston prohibition agents who broke into his house without a warrant and shot the innocent man 12 times. Rodriguez said Monday he is "unsatisfied" that five of the officers involved were cleared and only one was indicted on a misdemeanor charge, and he wanted to talk with federal investigators about the closed-door grand jury sessions.) Date: Tue, 3 Nov 1998 20:35:58 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US TX: Grand Juror: Justice Not Done In Oregon Case Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: adbryan@onramp.net Pubdate: Tue, 3 Nov 1998 Source: Houston Chronicle (TX) Copyright: 1998 Houston Chronicle Contact: viewpoints@chron.com Website: http://www.chron.com/ Author: Bob Sablatura GRAND JUROR: JUSTICE NOT DONE IN OREGON CASE Panelist Wants To Talk To Feds A member of the Harris County grand jury that investigated the shooting death of Pedro Oregon Navarro said Monday he is "unsatisfied" that five of the officers involved were cleared and only one was indicted, on a misdemeanor charge. Simon Rodriguez, a retired Internal Revenue Service officer who served as the panel's assistant foreman, said he wanted to talk with federal investigators about the closed-door grand jury sessions. While he would not discuss specifics -- citing state law barring grand jurors from revealing grand jury testimony -- Rodriguez said a federal investigation may uncover evidence that the grand jury did not hear. "I don't want to criticize anyone right now," Rodriguez said. "But if, in fact, there was some evidence that was not presented, that is something someone higher than me and you should look into." He also said did not believe justice was done in the six-week grand jury probe. "I believe it warrants further investigation," Rodriguez said. "Obviously, if it came out the other way, there wouldn't be people marching in the street." If given immunity, Rodriguez said, "I have a lot to say, and I have not even begun to touch on the subjects that need to be discussed." Harris County District Attorney John B. Holmes Jr. said he has no problem with Rodriguez testifying before a federal grand jury and does not believe it would be a violation of the law. Holmes said he suggested to Edward Porter, the assistant prosecutor who presented the case to the grand jury, to contact federal prosecutors and suggest they call Rodriguez before a federal grand jury to see what he has to say. "That way they will know what is troubling him," Holmes said, "other than he just didn't like it and may have gotten outvoted." Holmes said he was surprised when he first heard that Rodriguez was disgruntled with the grand jury's decision because he believed there was unanimity within the grand jury. In fact, Holmes said, the grand jurors wanted to call a news conference and defend their decisions, but he discouraged them because some grand jurors could have revealed too much information, and thus violated the law. "I certainly could not tell them what to do, but I told them it was not a good idea," Holmes said. Holmes also said he believes all of the evidence was presented to the grand jury. "I can't think of anything they didn't have," Holmes said. "They also had the opportunity to ask anything they wanted of the witnesses." Rodriguez said his dissatisfaction with the decision was no surprise to anyone on the grand jury, or the prosecutor presenting the case. "Because of the discussions that went on, the people within the grand jury room knew how I felt," he said. The six officers burst into Oregon's southwest Houston apartment at 1:30 a.m. on July 12, without a warrant, looking for drugs. The officers say they opened fire after Oregon pointed a pistol at them. An autopsy revealed that the 22-year-old Mexican national was shot 12 times, once in the head, twice in the shoulder and nine times in the back. Five of the officers were cleared, but one was indicted on a misdemeanor charge of criminal trespass. Federal authorities have announced they are investigating the case, and FBI agents began collecting evidence last week. Rodriguez, who has served three times as a grand juror, said he believes all the evidence in this case should be made public so everyone can see that the system is flawed. "The grand jury system is not working to protect people the way it was intended," he said. This case perfectly illustrates that, he said, because everything that took place involved a violation of constitutional rights. "There is so much at stake because this is not an ordinary case," Rodriguez said. "When the constitutional rights of one person are violated, the rights of everyone are diluted."
------------------------------------------------------------------- Six Officers In Oregon Case Fired (The Houston Chronicle says Houston Police Chief CO Bradford on Monday fired the six prohibition agents who broke down the door of an innocent man, Pedro Oregon Navarro, without a warrant before shooting him 12 times, calling it an "egregious" case of official misconduct.) Date: Tue, 3 Nov 1998 22:53:18 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US OR: Six Officers In Oregon Case Fired Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: adbryan@onramp.net Pubdate: Tue, 3 Nov 1998 Source: Houston Chronicle (TX) Contact: viewpoints@chron.com Website: http://www.chron.com/ Copyright: 1998 Houston Chronicle Author: LISA TEACHEY and JO ANN ZUNIGA SIX OFFICERS IN OREGON CASE FIRED An 'egregious' example of official misconduct, chief says Police Chief C.O. Bradford on Monday fired the six Houston officers involved in the July 12 shooting death of 22-year-old Pedro Oregon Navarro, calling it an "egregious" case of official misconduct. A Harris County grand jury cleared five of the officers of all wrongdoing and charged the sixth with a misdemeanor, but an internal police investigation found all the officers had violated not only department policies but also state and federal laws. Oregon's family said the terminations do not ease the pain of his death. Their attorneys said the terminations are appropriate, but they will still file a federal lawsuit against the city next week. Mayor Lee Brown said he supported the terminations, calling them "proof that our system of justice is the fairest and most democratic system in the world." Bradford said his decision to fire the officers was based only on the facts, not the widespread outrage that greeted the grand jury decision. "Pressure from the community cannot change the evidence," Bradford said. "My decision is based exclusively on the evidence." Findings from the internal investigation were submitted last week to the South Patrol Command, the Civilian Review Committee and the department's Administrative Disciplinary Committee. All recommended firing the officers. Though Bradford said some of the officers committed criminal acts, District Attorney John B. Holmes Jr. said the case would not be presented to another grand jury. "The grand jury that heard it, heard from every possible witness," Holmes said. "And we don't re-present cases until we get the desired result. Otherwise, we don't need a grand jury. That is the same position I've taken in all police shootings when there have been nobills." Sources told the Chronicle on Monday that two of the officers -- David R. Barrera and Pete A. Herrada, both 28 -- wanted to resign before Bradford made his decision. The resignations were not accepted. Barrera, Herrada, Lamont E. Tillery, 30, David Perkins, 30, James R. Willis, 28, and Sgt. Darrell H. Strouse, 34, waived their right to a hearing before the chief, sources said. Bradford said the officers committed "a very serious set of violations" and added that in his 20-year career he had never seen a case as "egregious" as this one. "One thing I am pleased to see is that the process for review within the Police Department works," Bradford said. "It is unfortunate from time to time these things occur in our community. "Most of the Houston police officers out there are hard-working men and women and they do a good job on a day-to-day basis," Bradford said. "I say to these officers ... keep doing the good job you're doing." The six officers, members of a gang task force operating in southwest Houston, were cited for various infractions, ranging from improper use of an informant to official oppression and criminal activity. All were accused of lying to police internal affairs investigators. Bradford said the officers claimed they had planned to use a "consent and search form," as required, but investigators found no evidence that they had. According to the investigation report, this is the sequence of events that led to Monday's action: On the night of July 11, Herrada and Willis stopped a vehicle near Atwell and Bellaire. The driver, Nicholas B. Stutes, 18, was ticketed and released, but in the car was a 15-year-old passenger, as well as Ryan F. Baxter, 28. After admitting to drinking alcohol and smoking crack cocaine, Baxter was arrested at the scene on Class C misdemeanor charges of public intoxication and providing alcohol to the minor. Although it is against department policy to use an intoxicated person as an informant, the officers offered to release Baxter, who was on probation for possession of a controlled substance, if he would tell them where he had gotten the drugs. Strouse was cited for insubordination because he did not, as required, notify the narcotics division that they were planning to investigate a narcotics case. Baxter told the officers he had gotten the drugs at 6711 Atwell, Apt. No. 16, although it is not clear who he named as the supplier. The information was given to other officers of the gang task force, who began working on a plan to act on it. HPD policy requires that such investigations be approved by the narcotics division before being carried out. Strouse, who was heading the investigation, was cited for insubordination for failing to do so. Initially, the officers told Baxter to set up a meeting with the drug dealer at a local restaurant to buy more crack. When the dealer did not show, the officers and Baxter went to the apartment on Atwell and knocked, but no one answered and they left. The officers then decided to arrest Baxter. But as they were doing so, his alleged supplier called him to reset the deal. Around 1:30 a.m. on the 12th, the officers took Baxter back to the apartment, where he was told to knock on the door and talk to the supplier until the officers emerged. Strouse told Baxter that when the door opened to "get down and stay out of the way." The door opened, Baxter got down, and the officers entered in this order: Herrada, Willis, Perkins, Barrera, Tillery and Strouse. As the officers, all in full uniform, burst into the apartment, witnesses said, Oregon, 22, ran down a hallway to his room. The officers pursued, crowding into the narrow hallway, witnesses said. One officer shouted that Oregon had a gun, and almost immediately Barrera's gun discharged accidentally, striking Tillery and knocking him to the floor. Other officers, apparently mistaking the shot for hostile fire, began shooting at Oregon. Oregon was hit 12 times, nine in the back. Tillery, who wore a bullet-resistant vest, suffered a minor injury. Tillery, Barrera and Herrada have said Oregon pointed his weapon at them and they were in fear of their lives. The investigation revealed that Oregon did not fire his gun. Blood-splatter evidence indicated his weapon was near his body and "most probably in his hand." As the first officer to reach Oregon, Herrada was not cited for unlawful use of force because he could have perceived Oregon as being armed and been in fear of his life. Baxter was never charged. After a state grand jury cleared the officers, the mayor, the Mexican consulate in Houston asked the U.S. Justice Department to investigate the case. At his news conference, Bradford pleaded with Oregon's family to try to understand that there are good officers in his department. "My heart goes out to the family," he said. "It was an absolute tragedy .. but do not lose faith in the Houston Police Department." Bradford said the department would use its findings to enhance training. Oregon's mother, Claudia Navarro, said Monday that the terminations are "not true justice. They need to go to court." Family attorney Richard Mithoff said, "This (the terminations) is clearly appropriate action, but it does not solve the underlying problem of inadequate training and improper supervision." "One of the aims of the lawsuit is to change those policies under review," said family attorney Paul Nugent. "The confidential informant policy was violated and no warrant was used." "It was the right thing to do under the circumstances," Mayor Brown said of Bradford's decision. "It should be made quite clear that police officers, when they carry out their responsibilities, have to also obey the law. One cannot break the law in order to enforce it." Brown said Bradford had not given him details of the investigation, but had briefed him on his conclusions and discipline. The six officers can appeal their terminations -- called "indefinite suspensions" -- to a third-party arbitrator through civil service rules. "I think it would be an injustice to the city of Houston to have it overturned by the appeals process," Brown said. Members of the Justice for Pedro Oregon Coalition said they are pleased with the terminations and attributed them to public outcry over the officers' actions. "This gives us the sense there is responsibility within the Houston Police Department," said Maria Jimenez, an organizer with the Houston Immigration and Refugee Coalition. "If police act unprofessionally, it does carry consequences." Yet Jimenez said the threat of a lawsuit probably had no bearing on the terminations. "But justice is not just in the firings," she said. "Criminal indictments are still needed." Oregon coalition member Tony Cantu said he would have been furious if the officers had not been terminated. "But now we're left with the contradiction" of the grand jury clearing the six officers except for indicting one on a misdemeanor criminal trespass charge. Cantu said. "I'm surprised and glad about the firings," coalition member Gloria Trevino said. "But now they need to recommend indictments for murder. "The evidence is in the 12 shots to the back." Chronicle reporters S.K. Bardwell, Matt Schwartz and Leigh Hopper contributed to this story.
------------------------------------------------------------------- Houston Cops Fired (The Orange County Register version) Date: Wed, 4 Nov 1998 17:09:15 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US TX: Houston Cops Fired Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: John W. Black Pubdate: Tue, 3 Nov 1998 Source: Orange County Register (CA) Copyright: 1998 The Orange County Register Contact: letters@link.freedom.com Website: http://www.ocregister.com/ HOUSTON COPS FIRED Six Houston police officers were fired Monday for their involvement in the fatal shooting of a man during a botched drug raid. Pedro Oregon, 22, was shot to death July 12 after the officers, acting on an informant's tip, stormed his apartment in search of drugs. Police fired 33 bullets, hitting Oregon a dozen times, including nine times in the back. No drugs were found in the apartment, and the officers later said they started firing because they thought Oregon had fired at them.
------------------------------------------------------------------- Oregon Shooting Was A Travesty (Three letters to the editor of The Houston Chronicle about the death of Pedro Oregon Navarro, an innocent man shot 12 times by Houston prohibition agents who broke down his door without a warrant.) Date: Tue, 3 Nov 1998 17:16:35 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US TX: 3 PUB LTEs: Oregon Shooting Was A Travesty, etc. Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: adbryan@onramp.net Pubdate: 3 Nov 1998 Source: Houston Chronicle (TX) Contact: viewpoints@chron.com Website: http://www.chron.com/ Copyright: 1998 Houston Chronicle OREGON SHOOTING WAS A TRAVESTY In his Oct. 28 Viewpoints letter, "Grand jury used the facts," the Houston Police Officers' Union president, Hans Marticiuc, accuses the public of not using their heads. His boys storm Pedro Oregon Navarro's home, clearly ready to shoot the man because of some rumored activity told to them by an informant, and Marticiuc is worried about others being carried away by their emotions. Officer Marticiuc stands for a principle which is becoming absolute in law enforcement: never admit you were wrong. The macho code of refusal to back down, even from the most hideous miscalculation, infects everyone from the U.S. attorney general on down, and is the consequence of decades of propaganda defining police work as a war against internal enemies. In a free society, law enforcement is not war. Its purpose is the protection of the citizen, not the conquest of the population. The aim should be wherever possible to reduce violence, not automatically to exercise overwhelming force. Where the lines are so sharply drawn, it is little wonder courageous juries are hard to find willing to find for the "other side." In any case, condemning the officers involved misses the point. Some may be thugs attracted by the seek-and-destroy mindset of the war on drugs and some may be brave men thrown into a desperate situation made worse by bad policy, but atrocities like this will be inevitable until voters ask politicians to defend their rights rather than posing in front of slamming prison doors. James M. Grace, Houston *** The Oct. 28 letter, "Grand jury used the facts" by Hans Marticiuc, brings out some questions regarding the police shooting of Pedro Oregon Navarro: Did the police have a search warrant? Did the police wait for Oregon to answer the door? If not, it appears they found him guilty without due process. The really sad thing is, they can't correct their mistake. Noble Shaw, Nacogdoches *** Hans Marticiuc's Viewpoints letter Oct. 28 made me sick to my stomach. I just wonder about the facts presented to the grand jury. Were they skewed in the officers' favor? Did they smash his door in or just ring the doorbell? There was a shooting and Pedro Oregon's short life was ended by the thugs who refuse to take responsibility for their actions. As a result, they are suspended with pay - an unadulterated travesty of justice. August Farfalla, Sugar Land
------------------------------------------------------------------- Court Lets Drug Testing Decision Stand (The Indianapolis Star says the US 7th Circuit Court of Appeals unanimously refused to reconsider its Sept. 9 ruling that a drug testing policy at public schools in Anderson, Indiana, is unconstitutional. Under the policy adopted in August 1997, a student who had been suspended for fighting was obliged to take a drug test in order to return to school.) Date: Wed, 4 Nov 1998 17:14:35 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US IN: Court Lets Drug Testing Decision Stand Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: aslinn@indy.net (aslinn) Pubdate: Tue, 3 Nov 1998 Source: Indianapolis Star (IN) Copyright: 1998 Indianapolis Newspapers Inc. Contact: stareditor@starnews.com Website: http://www.starnews.com/ Author: John M. Flora COURT LETS DRUG TESTING DECISION STAND If Officials Wish To Defend Their Policy, They Must Appeal To Supreme Court ANDERSON, Ind. (Nov. 3, 1998) - The U.S. 7th Circuit Court of Appeals has let stand its Sept. 9 ruling that Anderson Community Schools' drug testing policy is unconstitutional. The school district had petitioned the court to rehear the case in hope of winning a reversal. It was announced Monday that the 11 active judge on the appeals court in Chicago chose unanimously not to rehear. If Anderson school officials wish to defend their drug testing policy, they must appeal to the U.S. Supreme Court. The board is expected to consider that option when it meets in executive session tonight. "At this point," said Superintendent Jane Kendrick, "it's just a matter of taking it one more step, if the board decides to do that." The decision came about seven months after Indiana Civil Liberties Union attorney Ken Falk argued before the appeals court against the expulsion of Anderson High School freshman James R. "Buddy" Willis II. Willis, then 15, was suspended Dec. 10, 1997, for fighting with another student and drew a five-day suspension from school. Under a policy adopted in August 1997, Willis was ordered to take a drug test when he returned to school Dec. 19. Willis refused the test and was barred from school the rest of the 1997-98 school year while Falk and school attorneys fought over the constitutionality of the policy. Willis' father, James R. "Randy" Willis, said Monday that school officials "are just going to have to face the facts that this (policy) goes too far." The policy is modeled after one adopted in early 1997 at Carmel and is based on a presumed link between misbehavior and drug use. Students suspended for three days or more for any rule infraction had to take a drug test before being readmitted to school. Students who tested positive for drugs were not punished, but their parents were notified and they were referred to counseling. The Carmel Clay School Board last month voted to contribute $5,000 toward the $20,000 in legal fees Anderson Schools expected to pay if the appeals court reheard the case. Carmel School Board President Paul Bolin said that, while Carmel Clay Schools have a stake in the outcome of the case, his board's financial commitment was limited to the appeals court effort. He said the Carmel Clay board will wait to see if Anderson officials decide to take the appeal to the Supreme Court. If they do, he said, the Carmel board will revisit the issue of financial support for Anderson Schools' legal fees. Falk has contended that the link between breaking school rules and student drug use is not strong enough to override Fourth Amendment constitutional guarantees against unreasonable search. A panel of three appeals court judges subsequently agreed with Falk's argument. Its September ruling forced Anderson, Carmel and several other central Indiana school districts to withdraw or modify their versions of the policy.
------------------------------------------------------------------- Assisted Suicide Fails In Michigan Medical Marijuana Passes in 2 States (An Associated Press election night roundup says that with 16 percent of returns counted, 71 percent of Michigan voters were opposing an initiative that would allowing doctors to prescribe lethal doses of medication for terminally ill patients.) Date: Wed, 4 Nov 1998 18:36:51 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: WIRE: Assisted Suicide Fails In Michigan Medical Marijuana Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Patrick Henry (resist_tyranny@mapinc.org) Pubdate: Tue, 03 Nov 1998 Source: Associated Press Copyright: 1998 Associated Press. Author: Michelle Boorstein, Associated Press ASSISTED SUICIDE FAILS IN MICHIGAN; MEDICAL MARIJUANA PASSES IN 2 STATES (AP) - Michigan voters Tuesday soundly rejected a ballot measure that would have made theirs the second state to legalize physician-assisted suicide. With 16 percent of the vote counted, 71 percent were voting to keep doctors from legally prescribing lethal doses of medication for terminally ill patients. Opponents said the vote reflected dissatisfaction with the proposed law, not with assisted suicide. "It may have been a different outcome if they had a very open-ended piece of legislation that would be accessible to all suffering patients, not just the terminally ill,'' said Dr. John Finn, executive director of Hospice of Michigan. Another medical question - the use of marijuana to ease symptoms for particular illnesses - won approval in two states. Nevada passed a constitutional amendment approving medical marijuana, pending a second "yes'' vote in 2000. And Arizonans reaffirmed their 1996 vote to legalize marijuana and other drugs for medical use. Exit polls there showed voters rejecting an alternative plan by legislators to wait until the federal government approved the drugs. Taxes figured prominently among the 235 statewide ballot measures Tuesday. South Dakotans rejected a plan to prevent property tax revenues from financing schools, and Nebraskans nixed a proposal to limit the amount of money state and local governments could raise through taxes. Early results showed Missouri voters amending their constitution to legalize slot machines on casinos that float in artificial moats. They had already approved riverboat gambling in 1992, but gambling foes said the "boats in moats'' - 10 of the state's 16 casinos - didn't qualify. Missourians were also voting to outlaw animal fighting, specifically cockfighting and bear fighting. Cockfighting was also on its way out in Arizona, and dove hunting prevailed in Ohio, where voters turned away a ban on the sport. Preliminary returns from Massachusetts showed voters passing a plan to give political candidates substantial public money if they agree to voluntarily limit their spending and raise certain small contributions. A similar measure is on the Arizona ballot. Massachusetts voters also affirmed their support of the state's new electricity deregulation deal, which opponents had said was too friendly to utilities and would not save money for average consumers. Californians also voted on a new deregulation system. Other ballot initiatives included proposed bans on gay marriage, affirmative action, forest clearcutting and animal traps. There was also the usual sprinkling of offbeat items, like the one in Newport, Maine, sparked by complaints about a resident's topless lawn mowing. Voters decided whether to ask selectmen to ban display of "female breasts ... visible from a public way.'' Washington's decision on affirmative action followed a long fight over how to word the measure. Supporters of the practice favored the question "Do you want to end the use of affirmative action for women and minorities?'' But the phrasing voters saw was: "Shall government entities be prohibited from discriminating against or granting preferential treatment to individuals or groups based on race, sex, color, ethnicity or national origin?'' Polls taken before the election showed most Washington voters in favor of affirmative action but supportive of abolishing programs defined as giving "preferential treatment'' to women and minorities. There was also history to the gay marriage vote in Hawaii. The question first arose in 1993 when the state Supreme Court said it was unconstitutional to refuse marriage licenses to gay men and lesbians because that denied rights given to heterosexual Hawaiians. In an effort to satisfy the court, lawmakers passed a bill last year granting gay and unmarried heterosexual couples some legal rights enjoyed by married people, hoping the court would then be unable to find discrimination if the Legislature subsequently banned same-sex marriage. Alaska's vote was part of a wave of preemptive legislating that swept the country after the Hawaii ruling as states feared they might have to recognize gay marriages performed there. To date, 29 states have banned gay unions, and Congress passed the Defense of Marriage Act, which denies federal recognition of gay marriage. In Michigan, support was initially strong for physician-assisted suicide but waned when opponents portrayed the initiative as overly complicated and improperly shielded from government oversight. The measure had a surprising opponent in Dr. Jack Kevorkian, who has taken part in more than 120 suicides. He said it was too restrictive. Oregon is the only state to permit assisted suicide. This election was Round Two for medical marijuana proponents, who ran into legal blockades in 1996 after successful campaigns to legalize the drug in Arizona and California. The 1998 measures in four states and the District of Columbia were written more narrowly, specifying the ailments that qualify and explicitly saying that marijuana was the only drug at issue. Opponents nonetheless asserted the initiatives were just a wedge to try to loosen the nation's drug laws and open the door to open use of LSD and heroin. Twenty-eight states had previously outlawed intact dilation and extraction, a procedure that opponents call "partial birth abortion.'' Courts, however, have blocked 19 of the laws because their language could apply to other abortions or failed to provide exceptions to save mothers' lives. So abortion foes in Washington rephrased their ballot language to shift the focus from the surgical procedure to the physical state of the mother when the pregnancy is terminated. Their initiative sought to make it a felony to kill an infant "in the process of birth'' and used a new term: "partial-birth infanticide.''
------------------------------------------------------------------- I-59 Count is . . . (A bulletin from Americans for Medical Rights says AMR commissioned a scientific exit poll on the medical marijuana initiative in Washington, DC, that was quashed at the last minute by order of Congress. Among the 88 percent who voted on Initiative 59, supporters outnumbered opponents by 69 percent to 31 percent.) Date: Tue, 3 Nov 1998 23:55:20 -0800 (PST) To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org) From: Dave Fratello (amr@lainet.com) Subject: I-59 Count is... Reply-To: drctalk@drcnet.org Sender: owner-drctalk@drcnet.org Knowing that anything was possible in DC despite the elections board's evident commitment to announcing the results, AMR commissioned a scientific exit polling operation. Results: Among those who cast a vote on Initiative 59: YES: 69 NO: 31 12 percent said they did not vote on the measure. A total of 763 D.C. voters in representative precincts contributed to the results. Final totals were weighted to match demographics and voting patterns of D.C. voters. Margin of error is +/- 3.6%. Thus, Congress's cowardly action to deny the voice of DC voters has been thwarted. Congrats go to the sponsors and supporters of Initiative 59 -- you won big, and no one can deny it. - Dave Fratello Americans for Medical Rights P.S. Lauch Faircloth, please come claim your belongings...
------------------------------------------------------------------- Medical Marijuana and Drug Policy Reform Win Big (A late-night bulletin from Colorado Citizens for Compassionate Cannabis notes reform victories in Alaska, Arizona, Nevada, Oregon, Washington state - and Colorado, where the ballots weren't even supposed to be counted.) Date: Mon, 2 Nov 1998 23:40:46 -0700 (MST) From: ammo (ammo@levellers.org) To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org) Subject: Medical Marijuana and Drug Policy Reform Win Big Reply-To: drctalk@drcnet.org Sender: owner-drctalk@drcnet.org Medical Marijuana and Drug Policy Reform Win Big From Colorado Citizens for Compassionate Cannabis November 3, 1998 *** This document is available online at: http://www.levellers.org/election98.htm *** Election Results November 3, 1998 *** Alaska Measure 8: Medical Marijuana YES: 58% NO: 42% (17% of precincts reporting) Up to the minute results: http://www.gov.state.ak.us/ltgov/elect98/index.html#gen (Way at the bottom of the page) Sponsors: Alaskans for Medical Rights http://www.alaskalife.net/AKMR/ More information on Alaska's Medical Marijuana Initiative http://www.levellers.org/akstat.htm *** Arizona Prop. 300 YES: 42% NO: 58% (69% of precincts reporting - CBS News is reporting that Prop. 300 was officially defeated.) A 'no' vote will allow doctors to continue to prescribe Schedule I drugs without any further authorization from Congress or the FDA. Referendum relating to the medical use of Schedule I drugs which was put on the ballot to overturn the gutting by the legislature of Prop. 200 (the Drug Medicalization, Prevention and Control Act), which passed by 65% of the vote in 1996. Up to the minute results: http://event.cbs.com/state/state_az.html More information on Prop. 300 http://www.levellers.org/azstat.htm *** Nevada Ballot Question #9 - Medical Marijuana YES: 59% NO: 41% (57% of precincts reporting - CBS News is reporting that Ballot Question #9 has officially won.) Up to the minute results: http://event.cbs.com/state/state_nv.html More information on Nevada's Medical Marijuana Initiative: http://www.levellers.org/nvstat.htm *** Oregon Measure 57: Recriminalization (A 'no' vote prevents recriminalization of marijuana in Oregon) http://www.koin.com/news/campaign98/elec_results/measure57.html YES: 32% NO: 68% (152/2,196 precincts reporting) Measure 67: Medical Marijuana (A 'yes' vote allows patients to possess one to three ounces of marijuana for medicine and to grow three plants to obtain that medicine. Measure 67 prohibits distribution.) http://www.koin.com/news/campaign98/elec_results/measure67.html YES: 52% NO: 48% (131/2,196 precincts reporting) Other Results http://www.kgw.com/election982.asp Sponsors of Measure 67: Oregonians for Medical Rights http://www.teleport.com/~omr/ Oregon Elections Division - Unofficial Election Results http://www.sos.state.or.us/elections/nov398/nov398.htm More information on Oregon's Medical Marijuana Initiative and Recriminalization Referendum http://www.levellers.org/orstat.htm *** Washington State Initiative 692 - Medical Marijuana YES: 57% NO: 43% (40% of precincts reporting - CBS News is reporting that I 692 has officially won.) Up to the minute results: http://event.cbs.com/state/state_wa.html Sponsors: Washington Citizens for Medical Rights Web: http://www.eventure.com/i692/ Web: http://www.hemp.net/news/initiative.html Washington Sectretary of State: http://209.43.151.101/vote98/reports/m_statewide.tmpl More information on Washington State's Medical Marijuana Initiative: http://www.levellers.org/wastat.htm *** Washington, D.C. Initiative 59 - Medical Marijuana YES: ?? NO: ?? The D.C. Elections Board decided today not to count the votes cast for and against Initiative 59 due to the passage of an amendment to the D.C. Appropriations bill by Congress that forbids the D.C. Board of Elections from spending any money on the elections relating to medical marijuana. See DC Board of Elections Press Release: http://www.levellers.org/dcboe_pr.htm. The Vote Yes on 59 Campaign will be in court Wednesday morning seeking a court order to have the votes tabulated. Call your Representatives and Senators Wednesday morning Demand that they pass legislation immediately that will allow the D.C. Board of Elections and Ethics to tabulate and certify the votes for Initiative 59. U.S. House of Representatives (202) 225-3121 U.S. Senate (202) 224-3121 Directory of U.S. Senators: http://www.senate.gov/senator/membmail.html http://www.earthlaw.org/Activist/senatadd.htm Directory of U.S. Representatives: http://clerkweb.house.gov/mbrcmtee/mbrcmtee.htm http://www.visi.com/juan/congress/ More information on the Campaign for Initiative 59, Medical Marijuana: Initiative 59 Web Page http://www.actupdc.org Background on Congress trying to prohibit this D.C. Election: http://www.levellers.org/dcstat.htm Check the D.C. Board of Elections Web Page for the tally when Initiative 59 is counted: http://www.dcboee.org/htmldocs/113noche.htm *** Colorado Amendment 19 - Medical Marijuana YES: 58% NO: 42% (This vote does not count; Amendment 19 cannot be enacted) Even though the Colorado Supreme Court ordered the votes for Amendment 19 not to be counted because it was ruled that the proponents had not collected enough signatures on the petition to secure a place on the ballot, some counties are reporting the votes cast for Amendment 19. Up to the minute results: http://event.cbs.com/state/state_co.html More information on Amendment 19: http://www.levellers.org/costat.htm *** Election Results in Other States CBS NEWS: http://event.cbs.com MSNBC: http://decision98.msnbc.com/summary.htm *** Please feel free to repost and redistribute this document. *** Compiled by: Colorado Citizens for Compassionate Cannabis P.O. Box 729 Nederland, CO 80466 Phone: (303) 448-5640 Email: cohip@levellers.org Web: http://www.levellers.org/cannabis.html
------------------------------------------------------------------- Medical Marijuana and Related Initiative Sites (A late election-night roundup from Americans for Medical Rights.) Date: Tue, 3 Nov 1998 14:29:34 -0800 (PST) To: AMR/updates list:; From: Dave Fratello (amr@lainet.com) Subject: Live Election Result Sites MEDICAL MARIJUANA & RELATED INITIATIVE RESULT SITES The following is a test-driven list of links to election information. Where applicable, instructions or comments are offered. Measure numbers and hoped-for results are: ALASKA - Ballot Measure 8 - YES ARIZONA - Props. 300, 301 - NO; Prop. 105 - YES D.C. - Initiative 59 - YES NEVADA - Ballot Question 9 - YES OREGON - Measure 67 - YES; Measure 57 - NO WASH. ST. - Initiative 692 - YES *** Alaska - All Results http://www.gov.state.ak.us/ltgov/elect98/results.htm Comment: Slow loader. Ballot Measure 8 is near the bottom of the page. Alaska polls close at 9:00pm Pacific, all voting is computerized, results could be available as soon as 9:30pm Pacific. *** Arizona - All Results http://www.sosaz.com/election/1998General/1998_general_results_query.htm Comment: Page down to "ballot measures" header, select a prop for which to get results, then click "submit." Polls close 7:00pm Pacific. Prop. 300 is the referendum on medical use of Schedule I drugs, including marijuana. A 'no' vote endorses medical use. Similarly, Prop. 301 pertains to drug possession sentencing, and a 'no' endorses the reform position. Also of interest are Props. 105 and 104, of which 105 is better. Both would protect voter initiatives from legislative tampering (the cause of 300 & 301 being on this ballot). Prop. 104 was sponsored by legislators after Prop. 105 was qualified by a coalition of citizens including drug medicalization proponents. Principal difference is that 105 requires a 3/4 vote to amend initiatives in the future - tougher than the 2/3 required by 104. *** D.C. - All Results http://www.dcboee.org/htmldocs/113noche.htm Comment: Polls close 5:00pm Pacific. This page says it will update every 15 minutes if you keep it on-screen. Initiative 59 is about 2/3 of the way down the page. As of now the DC Elections Board is saying they will compile and release the vote on the measure, even though it will not be "certified" and therefore will not go onto the books if it passes. *** Nevada - All Results http://www.governet.net/nvsos/Tools/Results/st_options.cfm?election=G Comment: This page presents a menu; scroll down to Ballot Question 9 and click "run report." You can't link to the report, it must be compiled each visit. Page promises to update automatically every 5 minutes. Standard report includes breakdowns by county. *** Oregon - Ballot Measures - (media site) http://www.kgw.com/electoremeas.asp Comment: Secretary of State does not plan live results, but the state does refer you to a few media sites, including this one. Two more less snazzy and convenient pages are listed in a P.S. below. Measure 67 is medical marijuana, while Measure 57 criminalizes possession of small amounts of marijuana (a "no" vote blocks criminalization). *** Washington State - Ballot Measures http://209.43.151.101/vote98/reports/m_statewide.tmpl Comment: This is the page just for ballot measures. Initiative 692 is medical marijuana. The page promises county-by-county information also. *** P.S. Because the Oregon Secretary of State is not providing live results, the media website listed above is the best. Just in case, here are two other media sites that promise results but don't yet have formats posted: News Register - media site that promises to 'go live' at 8:00pm w/ results http://www.newsregister.com/Story%20Packages/Primary1998Coverage/election_menu.h tml KOIN-TV 6000 http://www.koin.com/news/campaign98/index.html
------------------------------------------------------------------- Drug-abuse seen having no impact on US welfare (Reuters says a team of researchers at the University of California at Berkeley reported Tuesday that welfare recipients may be more likely to abuse alcohol and other drugs, but substance abusers are not more likely to stay on welfare long-term. The findings contradict the widely held notion that alcoholics and other addicts abuse welfare disproportionately.) Date: Wed, 04 Nov 1998 08:32:48 -0500 From: Scott Dykstra (rumba2@earthlink.net) Reply-To: rumba2@earthlink.net To: "rumba2@earthlink.net" (rumba2@earthlink.net) Subject: CanPat - Here is some interesting news.... Sender: owner-cannabis-patriots-l@smtp.teleport.com 06:09 PM ET 11/03/98 Drug-abuse seen having no impact on U.S. welfare WASHINGTON (Reuters) - Welfare recipients may be more likely to abuse alcohol and drugs, but substance abusers are no more likely to stay on welfare long-term, researchers said Tuesday. The findings, by a team at the University of California at Berkeley, contradict the widely held idea that addicts and alcoholics abuse welfare for years. Laura Schmidt and colleagues at the university interviewed 600 recipients of Aid to Families with Dependent Children (AFDC) and general assistance around the country in 1989, when they first applied for welfare. They tracked down more than 400 of them in 1995 and interviewed them again. The average AFDC recipient stayed on welfare for 33 months, compared to 16 months for the general assistance clients. Members of the AFDC group were only slightly more likely than the general population to be ``problem drinkers'' as assessed by a standard test -- 12.2 percent versus 11.3 percent of the general population. Just under 16 percent of the AFDC recipients were heavy drug users as opposed to 5.5 percent of the population. But general welfare recipients, 86 percent of whom did not have children, were much more likely to abuse drugs and alcohol. The survey found 38 percent of general assistance clients were problem drinkers and 43 percent were heavy drug users. In neither group were the substance abusers more likely to stay on welfare long-term, Schmidt's team found. ``In the AFDC sample, there was no statistical relationship between a recipient's status as a problem drinker or heavy drug user and subsequent patterns of welfare use,'' the researchers wrote in the American Journal of Public Health. But the general assistance group was more likely to go on and off welfare. Federal reform of the AFDC program has set a five-year lifetime limit, and limited any one stint on AFDC to two years. ``The results of this research may be helpful for predicting the consequences of different welfare reform policies currently being implemented at federal, state and local levels,'' the researchers wrote. They said a crackdown on drug and alcohol use in the AFDC program is driving people with such problems into general assistance programs, which may shift the problem but not solve it, the researchers said. REUTERS
------------------------------------------------------------------- Narcotics Division Sends Cosmetics To Lab For Drug Tests (The South China Morning Post, in Hong Kong, says the Body Shop, a cosmetics chain, admitted yesterday it was selling products containing hemp, a type of cannabis, in Hong Kong. A spokesman for the Security Bureau's narcotics division said it had sent samples to a government laboratory for tests, claiming THC is a psychotropical substance and "could affect nerves.") Date: Mon, 2 Nov 1998 17:27:38 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: Hong Kong: Narcotics Division Sends Cosmetics To Lab For Drug 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: South China Morning Post (Hong Kong) Contact: jfenby@scmp.com Website: http://www.scmp.com/ Copyright: 1998 South China Morning Post Publishers Limited. Author: Shirley Kwok Pubdate: 3 Nov 1998 NARCOTICS DIVISION SENDS COSMETICS TO LAB FOR DRUG TESTS [Photo caption: Health benefit: the hemp products are advertised at a store.] A cosmetics chain admitted yesterday it was selling products containing hemp, a type of cannabis. But the Body Shop said the level of Cannabis sativa (hemp) seeds was so low it would be hard to detect and would not harm people. A spokesman for the Security Bureau's narcotics division said it had sent samples to the Government Laboratory for tests. "At this stage, we are not sure if they really contain cannabis or tetrahydro-cannabinol. THC is a type of psychotropical substance and could affect nerves. It is a controlled drug in Hong Kong," a division spokesman said. Chan Man-fai, Government Laboratory senior chemist, said results should be available this week. He said it was illegal to keep or sell cannabis or products containing THC - a derivative of marijuana. Body Shop spokeswoman Curi Yiu Kar-lei admitted it was aware the products contained the substance. The shop launched products containing hemp seeds last week, including lip salve, soap and hand cream. "We use hemp seeds because the oil extracted from these is known as highly moisturising and good for skin care," she said. Body Shop had launched the products in Britain, other European countries and the United States and the products were legal, Ms Yiu said. Police in France had seized the products in August but officers later admitted it was a misunderstanding, she said. "We, of course, are not promoting drugs. The THC contained in our products is very, very low - every 1,000 grams will have less than three milligrams of THC," she said. "We are using industrial-use hemp seeds, which are different from marijuana. Hemp seeds are usually used to make jeans and ropes." Ms Yiu said the company was awaiting results from the laboratory. Associate Professor Lee Kwing-chin from the Chinese University's department of pharmacy said there were various types of THC and some were used in medical treatment to prevent vomiting. He said he could not rule out the possibility that drugs put on the lips could enter the bloodstream and have an effect on the user.
------------------------------------------------------------------- Police Are Raided In Fraud Inquiry (An ambiguous article in The Times, in Britain, says the raid came as two Scotland Yard detectives were arrested in a separate investigation and questioned about trafficking heroin, cocaine and cannabis.) Date: Tue, 3 Nov 1998 22:53:18 -0800 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: UK: Police Are Raided In Fraud Inquiry Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: shug@shug.co.uk Pubdate: Tue, 3 Nov 1998 Source: Times, The (UK) Contact: letters@the-times.co.uk Website: http://www.the-times.co.uk/ Author: STEWART TENDLER, CRIME CORRESPONDENT POLICE ARE RAIDED IN FRAUD INQUIRY Senior NCS officers had invited the Yard's Complaints Investigation Bureau to look into allegations that officers in Swanley, Kent, had falsely claimed up to 60,000 in expenses and overtime. The NCS, which was launched last spring, is the closest type of British police unit to the American FBI. All officers are seconded from individual forces and vetted before they join. They are also expected to sign a contract swearing integrity. The Swanley NCS branch has 51 officers, drawn from several forces, who investigate major crime in the South East. The raid came as two Yard detectives were arrested in a separate investigation and questioned about trafficking heroin, cocaine and cannabis. Detective Constable Christopher Drury and Sergeant Bob Clark were arrested at their homes in South London. Last night they were being held at Charing Cross police station. -------------------------------------------------------------------
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