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

Oregon high court OKs double-jeopardy review (The Oregonian says the state
Supreme Court agreed Thursday to hear an appeal claiming double jeopardy in a
1994 Portland case involving the civil forfeiture of a house and a criminal
indictment based on the same marijuana arrest. The U.S. Supreme Court has
ruled that civil forfeiture is not punishment for purposes of considering a
double-jeopardy claim. But the Oregon Supreme Court never has reviewed the
state civil forfeiture statutes under the state Constitution. According to
Stephen Kanter, a professor at Northwestern School of Law at Lewis & Clark
College, in Portland, the Oregon Constitution's ban on double jeopardy is
broader than the U.S. Constitution's.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, Apr 16 1999
Source: Oregonian, The (OR)
Copyright: 1999 The Oregonian
Contact: letters@news.oregonian.com
Address: 1320 SW Broadway, Portland, OR 97201
Fax: 503-294-4193
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: Ashbel S. Green, the Oregonian

Oregon high court OKs double-jeopardy review

* A claimant contends the civil forfeiture of a house and an indictment
based on the same drug case were unconstitutional

As Alex Trebek might say, it's double-jeopardy time - for the Oregon court
system.

On Thursday, the Oregon Supreme Court agreed to review a double jeopardy
claim in a 1994 Portland case involving the civil forfeiture of a house and
an indictment based on the same marijuana arrest.

Double jeopardy, which means being punished twice for one crime, is
prohibited under both the U.S. Constitution and the Oregon Constitution.

The U.S. Supreme Court has ruled that civil forfeiture is not punishment for
purposes of considering a double-jeopardy claim. But the Oregon Supreme
Court never has reviewed the state civil forfeiture statutes under the
Oregon Constitution, according to lawyers familiar with the issue.

Stephen Kanter, a professor at Northwestern School of Law of Lewis & Clark
College, said the Oregon Constitution's ban on double jeopardy is broader
than the U.S. Constitution's.

"There is some cause for thinking that Oregon might take a different look,"
Kanter said.

The decision to review State vs. Selness comes one day after the Oregon
Court of Appeals ruled on a double-jeopardy claim involving a Portland
ordinance that allows police to exclude drug defendants from certain
neighborhoods before prosecution.

The court upheld the practice, overturning a lower court ruling that the
exclusion notice itself was punishment and that prosecution on top of that
would then be double jeopardy.

In another case, the Supreme Court on Thursday agreed to review a Court of
Appeals ruling that college students with divorced parents can demand
financial support for their education.

An Oregon law provides that divorced or separated parents may be required to
continue to pay support while a child aged 18 to 21 attends school.

In 1998, a Multnomah County judge declared the law unconstitutional, saying
it imposed a financial burden on unmarried parents that is not imposed on
married parents.

The judge said there was no rational basis for creating separate classes of
parents.

The Oregon Court of Appeals reversed the decision in December, saying the
state has an interest in looking out for the child when the parents may be
blinded by the bitterness of their divorce.

You can reach Tony Green at 221-8202 or by e-mail at
Tonygreen@news.oregonian.com.

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

Control Dispute Reappears At Jail Meeting (The Oregonian says about 300 beds
for inmates undergoing treatment for alcohol or other drug abuse are being
considered for a proposed 225-bed Multnomah County jail along North
Portland's Bybee Lake. A county attorney pointed out a new wrinkle at a Board
of Supervisors meeting Thursday. If the county puts the jail and the
treatment beds in the same facility, it could create constitutional problems
for inmates undergoing coerced treatment who have served out their
sentences.)

Date: Sun, 18 Apr 1999 08:14:37 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US OR: Control Dispute Reappears At Jail Meeting
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, Apr 16 1999
Source: Oregonian, The (OR)
Copyright: 1999 The Oregonian
Contact: letters@news.oregonian.com
Address: 1320 SW Broadway, Portland, OR 97201
Fax: 503-294-4193
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: David Austin, the Oregonian

CONTROL DISPUTE REAPPEARS AT JAIL MEETING

A Gathering Called By County Chairwoman Beverly Stein Hits
Persistent Problems Including Who Runs Substance Abuse Treatment

If it's not one problem with the jail planned along North Portland's
Bybee Lake, it's another.

First, it was about protecting the natural environment. Then came the
issue of how many additional beds would be in the medium-security facility.

Toss in some angry residents from St. Johns, various lawsuits and a
county Board of Commissioners that can't reach agreement on any aspect
of the jail's future.

What do you have? A mess.

The county held an informal board gathering Thursday to work out some
issues surrounding the siting of the 225-bed jail. What it turned into
was a free-for-all debate that left some commissioners shaking their
heads and sent audience members into the halls afterward muttering
about how long it might take to even get the site approved.

"We have a new acronym for this thing -- MCNCJ. It stands for
Multnomah County New Carissa Jail," said Sheriff Dan Noelle, referring
to the ship that ran aground near Coos Bay earlier this year.

"I think the plan will come together, but I'm very frustrated right
now. Every time the discussion picks up about the jail, this thing
comes back with something different attached to it."

Jurisdictional Debate

The meeting was called by board Chairwoman Beverly Stein to help solve
a dilemma of how to handle roughly 300 alcohol and drug treatment beds
the county is considering placing at the jail.

But a debate over who would be in charge of those beds has been raging
for weeks.

Noelle supports putting the beds at the jail but wants to be in charge
of the security. He also doesn't want to have transitional housing
beds there as part of the treatment facility because it would break
promises the county made to North Portlanders.

Elyse Clawson, the director of the county's Adult Community Justice
department, wants the jail and the treatment facility to be run
separately. Drug and alcohol treatment would last a minimum of three
months and a maximum of six months under her plan.

Both Noelle and Clawson's staff presented proposals for how to operate
each of the facilities at the Bybee Lake site.

But after the presentations, a county attorney pointed out a new
wrinkle: If the county puts the jail and the treatment beds in the
same facility, it could create constitutional problems for inmates who
have served out their sentences.

For example, if someone were sentenced to drug treatment at the
facility for six months but didn't successfully complete the program,
the inmate could legally argue that his sentence had been completed.

Clawson argued that if the treatment beds are run as a separate
residential treatment program, then the inmate couldn't make that argument.

"I think we're as concerned about community security as anyone else
is," Clawson said after the meeting. "We feel this needs to be a
treatment focused program, and we're going to try to work out the
legal questions."

Cruz Pushes For Decision

Commissioner Serena Cruz asked that a decision be made soon, urging
her colleagues to put the treatment beds at the facility and work out
a compromise. "We can get moving and within months start construction,
or we could spend more time, more taxpayer dollars, and get stuck
again," Cruz said.

Voters passed a general obligation bond in 1996 to build a
medium-security jail. The Bybee Lake site became the top choice after
another site got rejected.

That's much to the chagrin of a number of St. Johns residents who
oppose the jail going up in their neighborhood and have sued the
county on a number of fronts.

A tiff between Noelle and Clawson over who will control the alcohol
and drug treatment beds led the board to split the two facilities last
year. But now some board members want to see the treatment beds back
on the same land as the jail.

Stein has struggled to lead the board toward an agreement about the
facility.

Clawson said she's hopeful about reaching a compromise with Noelle.

"I know I'm going to try to come up with one," she said. "There's a
lot riding on this because the general voting public is probably as
supportive or more supportive of alcohol and drug treatment than they
are a jail."

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

Students questioned over drinking at model U.N. (The Associated Press says as
many as 100 students from two Portland High Schools are being questioned
about drinking at a model United Nations event last week at the University of
Oregon in Eugene.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, Apr 16 1999
Source: The Associated Press (OR)
Copyright: 1999 The Associated Press
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: no byline

Students questioned over drinking at model U.N.

The Associated Press
4/16/99 4:38 PM

PORTLAND, Ore. (AP) -- As many as 100 students from two Portland High
Schools are being questioned about drinking at a model United Nations event
last week at the University of Oregon.

Portland Public Schools spokesman Lew Frederick said he's not sure how many
of the students, from Lincoln and Grant high schools, drank alcohol. There
were no reports of students hurt or damage done during or after the underage
drinking, he said.

Some of the students involved are among the district's best, but identifying
any student would be "completely inappropriate," Frederick said. "To name
any kid in any situation is a clear violation of a trust."

While at the three-day conference, the students had adult supervision.

Model United Nations is a program in which students role-play as delegates
from countries that are members of the United Nations so they can learn
about the country and represent that country's point of view.

Both principals, Velma Johnson of Lincoln and Toni Hunter at Grant, declined
to comment.

At both schools, most students and staff said they had not heard of any
action taken against students or that any student had been involved in
drinking at the weekend event. But others had heard from classmates about
the drinking, some even joking that it was "one big party."

Any student found to have been drinking could face penalties from suspension
to not being allowed to participate in extracurricular activities, including
sports and clubs. The student also could be required to take anti-drug and
alcohol classes.

(c) 1999 Oregon Live LLC

Copyright 1999 Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten, or redistributed.

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

Model U.N. students quizzed about drinking (The Oregonian version)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, Apr 16 1999
Source: Oregonian, The (OR)
Copyright: 1999 The Oregonian
Contact: letters@news.oregonian.com
Address: 1320 SW Broadway, Portland, OR 97201
Fax: 503-294-4193
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: Michael A.W. Ottey, the Oregonian

Model U.N. students quizzed about drinking

* The Portland school district is investigating a report of inappropriate
behavior by Grant and Lincoln high school students while staying in Eugene

As many as 100 students from Portland's Lincoln and Grant high schools are
being questioned about "inappropriate behavior" involving alcohol at a
school activity last weekend in Eugene, a Portland Public Schools spokesman
said Thursday.

Spokesman Lew Frederick said the district's investigation stems from actions
at a Model United Nations event held at the University of Oregon. The 100
students from Lincoln and Grant represented the Portland district at the event.

Frederick said he was not sure how many of the students drank alcohol. There
were no reports of students hurt or damage done during or after the underage
drinking, he said.

While at the three-day conference, the students had adult supervision.

Some of the students involved are among the district's best, but identifying
any student would be "completely inappropriate," Frederick said. "To name
any kid in any situation is a clear violation of a trust."

Just how many of the students were involved in the drinking and the extent
of their involvement is being investigated, Frederick said.

Model United Nations is a program in which students role-play as delegates
from countries that are members of the United Nations so they can learn
about the country and represent that country's point of view.

Christine Allen, secretariat adviser to the Oregon High School International
Relations League, which has sponsored the Model United Nations program since
the league's inception a half-century ago, said she had heard no word of any
alcohol-related activities during the weekend conference.

"I heard absolutely nothing about it," she said, "and my ear is pretty close
to the ground."

Allen said more than 900 students and about 60 advisers from 34 schools
attended the three-day conference on the University of Oregon campus while
staying overnight in nearby motels.

At Lincoln, Principal Velma Johnson is talking to students to get to the
bottom of things, Frederick said. At Grant, Principal Toni Hunter spent a
good part of the day on Thursday talking to students.

Both principals declined to comment.

At both schools, most students and staff said they had not heard of any
action taken against students or that any student had been involved in
drinking at the weekend event. But others had heard from classmates about
the drinking, some even joking that it was "one big party."

Any student found to have been drinking could face penalties from suspension
to not being allowed to participate in extracurricular activities, including
sports and clubs. The student also could be required to take anti-drug and
alcohol classes.

"If there was vandalism, you could require reparations," Frederick said. In
this instance, that does not appear to be the case, he said.

"We make it very clear that alcohol will not be tolerated," Frederick said.
"We're sending a message."

Frederick said the goal of any school investigation is not to condemn
students or to publicly embarrass them. "The approach is not to try to
create the permanent record or to try to make it a capital offense," he
said. "Clearly bad judgment, from what I understand, took place."

Frederick said he was not sure how school administrators learned of the
drinking, but generally in these situations students talk.

Last fall, Franklin High School in Southeast Portland was forced to forfeit
a playoff football game against Jefferson High School because members of the
Franklin football squad engaged in drinking at a party that ended in a wild
brawl.

Some of the football players who were not drinking also were benched,
because they were at a party where alcohol was being served.

Opal Chancler-Moore, the principal at Franklin, said the punishment was
designed to send a message that there is zero tolerance for underage
drinking at the school. Her decision was met with applause as well as
criticism from some who thought it was unfair to punish students solely on
the basis that they were there.

You can reach Michael A.W. Ottey at 503-294-7668 or by e-mail at
michaelottey@news.oregonian.com.

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

Norman Vroman's views on crime, punishment and paying taxes set him apart
(The Santa Rosa Press Democrat says the newly elected district attorney in
Mendocino County, California, has charted a new course in dealing with
domestic violence, drunken driving and marijuana cultivation. Vroman also
signaled a new tack toward asset forfeiture by ousting a veteran prosecutor
who had handled such drug-related cases. He says there are two types of
criminals, those who are predatory and violent, and those who make mistakes
but who are basically benevolent. The newspaper says concern is stirring
within law enforcement and victim advocacy groups, but that Vroman continues
to receive strong support from both sides of Mendocino County's political
spectrum, which share a common distrust of the government.)

From: " Joe Hart & Kay Lee" (mrjah@flakeysol.com)
From: "CRRH mailing list" (restore@crrh.org)
To: "Restore" (restore@crrh.org)
Subject: Libertarian DA
Date: Sat, 17 Apr 1999 20:33:45 -0500

From Mike Steindel (CLaw7MAn@webtv.net)
Via November Coalition: www.november.org

After reading this article you may feel moved enough to to e-mail, smail
this District Attorney and let him know that you support his efforts to
see justice prevail. He is one of a new breed being elected across
america who wish to put an end to the punitive prohibitonist practices
of the Drug War gone wrong. All those that take the stand against
injustice need our support. Lets let him know that we appreciate his
efforts... mike

web: www.normvroman.com
e-mail: normvroman@normvroman.com

Write Norm Vroman at:
116 S. School St.
Ukiah, CA 95482

Here's on article from the Santa Rosa Press Democrat on the newly
elected libertarian DA of Mendocino County. A different sort of D.A.

***

Norman Vroman's views on crime, punishment and paying taxes set him
apart

Apr. 16, 1999
By DEREK J. MOORE
Press Democrat Staff Writer

Norman Vroman, whose job credentials include a nine-month prison term
for refusing to pay taxes, ousted Mendocino County's 12-year district
attorney with a pledge to bring a new perspective to crime and
punishment. In his first three months, he has done just that.

He has replaced eight of 16 prosecutors with five former defense
attorneys and two prosecutors whose last experience was in Micronesia
and Guam. His chief assistant is embroiled in a lawsuit against the
former D.A. over his departure from the office last year.

He has charted a new course in dealing with domestic violence, drunken
driving and marijuana cultivation, saying defendants should be treated
with more understanding and that rehabilitation is the best solution.
And, in his continuing battle with state and federal tax authorities, he
filed for bankruptcy protection from paying back taxes and penalties
that the IRS contends total more than $3.4 million.

Vroman, 62, said he knows what it's like to be on the wrong side of the
law and that he brings a new sense of fairness to his office. "People
know when they come to Mendocino County they're going to get a fair
shake,'' he said. "The cases are being filed based on the evidence, the
facts, and not on who or what they are.''

But as he carries out his promise for change that swept him into office
in November with the defeat of former District Attorney Susan Massini,
concern is stirring within law enforcement and victim advocacy groups.

Vroman refused to seek prison time for a man on his 11th drunken driving
conviction, outlined an approach to domestic violence that runs counter
to current law enforcement trends and signaled a new tack toward asset
forfeiture with his ousting of a veteran prosecutor who had handled such
drug-related cases.

Vroman's most recent tax troubles have generated criticism from some
local residents who fear he will be too soft on crime. "He has an
obvious odd outlook already,'' said Russ Kinsey, a semi-retired
engineering contractor who voted for Massini in November. "He doesn't
have a high regard for certain laws, so why isn't that same thought
going to prevail in criminal law?'' But Vroman continues to receive
strong support from both sides of Mendocino County's political spectrum,
which share a common distrust of the government.

"The old (D.A.'s) office was a true bunker mentality, us versus them,
thin blue line to an extreme,'' said Bert Schlosser, a county alternate
public defender. He said Vroman is taking a more fair approach.
"They're not playing political football,'' Schlosser said. "They don't
have a bunker mentality.''

A registered Libertarian, Vroman spent nine months in federal prison in
1992-93 for failing to pay taxes for 17 years. He considers his
confrontation with tax authorities to be an act of principle over the
meaning of tax law.

That anti-government stance landed him in federal prison, and is now
driving the changes he is bringing to the D.A.'s office. "It makes me
very aware of the powers that government has,'' he said. "Now that I
have that power, it comes with a great responsibility to exercise it in
a moral, ethical and legal way.''

Sorting out criminals

Vroman, who is paid $87,000 a year, has pledged to be accessible to the
public, and to that end has his own direct phone line and answers it
himself.

Unlike most prosecutors who emphasize protecting victims, Vroman, a
former municipal court judge in Pomona and defense attorney,
consistently speaks of protecting the rights of defendants.

He says there are two types of criminals, those who are predatory and
violent, and those who make mistakes but who are basically benevolent.

The first category includes murderers, rapists, robbers and embezzlers.
Vroman calls these people "piranhas'' who have no place in society.

The other category, Vroman said, are everyday people who for some reason
"have come afoul of the law.'' They include alcohol and drug abusers,
and Vroman said he would treat each case on an individual basis.
"I don't see my job as putting people in jail,'' he said. "I see my job
as getting these people out of the criminal justice system.''

Drug offenses

In a county known for tolerance of marijuana growing, Vroman's policies
toward drugs are for the most part status quo.

One notable exception is in the area of asset forfeiture, which allows
law enforcement to seize assets that come from drug transactions.

The money that is collected is split between law enforcement agencies
and the state to establish education programs and to pay for further
enforcement efforts.

After taking office, Vroman forced out Kevin Maloney, a 14-year veteran
of the office who was in charge of the D.A.'s forfeiture program.
Maloney declined comment. Vroman cited personnel reasons in declining to
discuss Maloney's departure from the office. He also would not comment
on whether he thought the forfeiture program was being mishandled under
his predecessor.

Maloney was assigned to a narcotics case involving Navarro residents
Winters Alan Kendall and Debra Kathleen Wineteer, who were arrested in
1995 after county drug agents raided their home and discovered
approximately 33 pounds of marijuana, according to court documents.

The pair was charged with several drug-related crimes and with numerous
counts of tax evasion after agents discovered receipts totaling about
$235,000 that the pair allegedly did not claim on their tax returns,
court records show. The tax charges were later thrown out by a Mendocino
County Superior Court judge.

The D.A.'s office under Maloney's direction sought to seize the home
owned by Wineteer based on the remaining drug charges, but when Vroman
took office he dropped the forfeiture negotiations. Not long after that,
Maloney was looking for another job.

Vroman would not talk about specifics of the case or say if it was a
precursor of things to come.

"The law was not followed in that case,'' he said. "That's all I'm going
to say about that.''

Kendall and Wineteer are now only facing criminal charges connected to
the case, which is set for a pre-trial hearing on May 7. Vroman has
since hired local defense attorney William Rigsby to replace Maloney.

As for his policy on prosecuting drug-related crimes, Vroman has not
proposed major changes. He made a distinction between those who
manufacture substances such as methamphetamine and those who grow or
sell pot. "One's a synthetic thing that's been proven to have a
debilitating effect on a person,'' he said. "Marijuana I put in the
category of alcohol.''

Vroman said he would seek to prosecute commercial growers of marijuana
-- not because of the drug itself -- but because people are endangered
when they accidentally stumble upon the pot fields. As for smaller
growers of marijuana, Vroman would not specify a prosecution policy.

"You have to look at the person,'' he said. "How many plants they're
growing, where they are growing them and their history (with law
enforcement).

"Frankly, the people in my county aren't worried about marijuana,'' he
added. "If you don't know that you've been on Mars.''

Drunkin Driving

But already critics say the pendulum may be swinging too far in favor of
criminal defendants. In one of those cases, Vroman asked a Mendocino
County Superior Court judge to suspend a state prison term for a Redwood
Valley man facing sentence on his 11th drunken driving conviction.

Vroman sided with the defense in asking the court to allow Stuart
Fulkerson to attend a residential treatment program. The judge refused
the request and sentenced Fulkerson to two years in prison.

Vroman's actions were unusual in a time when law enforcement continues
to crack down on drunk drivers and groups like Mothers Against Drunk
Drivers push for tougher drunk driving laws.

He maintains, however, "that incarceration without a rehabilitation
program doesn't work with these people.''

Domestic violence

Vroman's approach to combating domestic violence runs counter to the
zero-tolerance stance taken by D.A.'s in other counties, including
Sonoma County. Prosecutors in Sonoma County go after batterers even in
cases where victims recant their stories of abuse. The premise is that
the failure to prosecute only encourages escalating violence.

But in Mendocino County, Vroman's philosophy is that people in violent
relationships should be allowed to work out their problems, without
intervention from law enforcement.

"I don't see it as the criminal justice system's job to keep people
apart,'' he said. "I see criminal justice's job to keep the peace.''

He said the most serious offenders should still be sent to prison or
jail, but in other cases he prefers educating and counseling batterers
over confining them.

"If it's reasonable they (batterers) are going to get out in 10 days, or
2 years, you're going to have the same problem,'' he said. "So why not
education?''

But victim advocates say Vroman's proposal is a step back to the days
when domestic violence was treated as a private relationship problem,
often allowing a pattern of assault and domination to escalate to
serious injury and even murder.

"The new message is that there is a level of tolerance. We're waiting to
see what that level is,'' said Jani Sheppard, executive director of
Project Sanctuary, which oversees the county's three battered women's
shelters.

In one case, a woman was forced to go to the D.A.'s office to show
prosecutors her bruises because the case had been dropped, said Porter
DuMar Dinehart, a paralegal for Project Sanctuary and chairwoman of the
county's Domestic Violence Council.

The case was re-filed, Dinehart said.
The concern is so acute that the Victim Services Council is developing a
new policy of tracking all domestic violence cases to ensure they are
handled properly.

"We want to see where each case goes, and if it's dropped, why it's
dropped,'' she said. Vroman's views on domestic violence have also
created friction between the D.A.'s office and some members of local law
enforcement.

The problems center around Vroman's proposal, outlined in meetings with
law enforcement as well as with victim advocates, to cite both people
involved in a domestic altercation when it's unclear who hit who.

The goal, Vroman said in an interview, is to bring both people into
court and force them into counseling. "When you have two people living
together, you need to deal with both ends of the equation,'' he said.
"If you put one side of the equation into the criminal justice system,
and not the other half, you're not going to solve the equation.''

But some in law enforcement fear that victims will be reluctant to call
for help if they think they might be arrested.

Barry Inman, president of the Ukiah Police Officer's Association, said
officers are also concerned that domestic violence cases are being
dropped.

"Some of them were kind of brushed off," Inman said.

***

Shared by

Kay Lee

End Prohibition Now
http://www.zyworld.com/kay~lee/home.htm
http://www.hempnation.com/citizens/kaylee/
Share your concerns, help restore freedom: build a free webpage:
http://www.zyworld.com Click on login
http://www.hempnation.com
http://www.geocities.com
http://www.angelfire.com

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

Brownie Mary dies, but lives on in memorials this week (An obituary in the
Bay Area Reporter for Mary Jane Rathbun quotes Dennis Person saying, "Mary
adopted every gay kid in San Francisco. She was there before we knew what
AIDS was, when it was referred to as 'GRID,' and even back then she always
had a batch of brownies there to relieve the pain of her kids.")

From: ekomp@earthlink.net
Date: Fri, 16 Apr 1999 17:01:29 -0700
To: dpfca@drugsense.org
Sender: owner-dpfca@drugsense.org
Organization: DrugSense http://www.drugsense.org/dpfca/
Bay Area Reporter
http://www.ebar.com/
BayAreaRpt@aol.com
April 16, 1999

Brownie Mary dies, but lives on in memorials this week

by Mark Norby

Mary Jane Rathbun was many things to many people: activist, caregiver,
co-founder of the now-defunct Cannabis Buyers Club, baker to a generation
riddled by pain and agony from the complications of AIDS, and friend to all
who felt her deep compassion.

Known affectionately among her community as "Brownie Mary," Rathbun died
Saturday evening, April 10 in San Francisco at the age of 77.

Rathbun had been hospitalized off and on over the past nine months after
suffering a fall in her San Francisco home last August, which led to neck
and spinal surgery at Mt. Zion Medical Center in San Francisco. Although the
surgery was successful, she never fully recovered and she spent her last
months in the Hospice and Palliative Care Unit at Laguna Honda Hospital.

Rathbun was at the forefront on the local, state, and national levels in the
fight to legalize medical marijuana, working with her devoted friend and
activist cohort, Dennis Peron.

"Mary adopted every gay kid in San Francisco," Peron told the Bay Area
Reporter. "She was there before we knew what AIDS was, when it was referred
to as 'GRID,' and even back then she always had a batch of brownies there to
relieve the pain of her kids."

Peron and other friends of Rathbun have planned a vigil and memorial of
remembrance at 18th and Castro streets this Saturday, April 17 at 8 p.m. All
are welcome and organizers aim to inspire all those touched by Rathbun to
continue her good work and to continue the fight to legalize medical
marijuana in all parts of the country.

Ironically, a benefit variety show was planned for Monday, April 19 by 'Make
It So' Productions at San Francisco's Theater Rhinoceros. The benefit was to
help alleviate the financial burden Rathbun suffered due to escalating
medical bills. "I am very saddened by the loss of Brownie Mary," said Steve
Murray, who heads 'Make It So' Productions. "She was a kind lady who always
had a few sharp words for our politicians, and she cared for the gay
community in ways that will always be remembered. She's in a better place
now, but we will never forget what she has done for all of us."

Murray said his production company is focusing on turning the planned variety
show into a memorial service for Rathbun. "We would like to turn it into a
celebration of her life and to 'make it so' in remembrance of a beautiful
woman," he added.

Auspicious name

Rathbun was born December 22, 1921 to a conservative Irish Catholic mother
who unwittingly named her Mary Jane. Little did her mother know that her
daughter would devote many years of her life to "Mary Jane" - as in
marijuana - as she became the world-famous Brownie Mary, providing
cannabis-laced brownies to people with AIDS as a way of easing their pain.

Rathbun once said, with her usual spunk and vigor, "Given my background and
reputation, and my adopted name, Brownie Mary, my poor old mother is surely
turning cartwheels in her grave.

"It serves her right."

Rathbun spoke up in support of progressive causes from an early age and
continued to do so to the end of her life. She became an activist in her late
teens when she traveled with a group of friends from Chicago to Wisconsin to
support union rights for miners.

She moved to San Francisco in the early days of World War II, intent on
"capturing a military man." She first attained notoriety in the 1970s as a
grandmotherly woman who sold marijuana and her now-famous marijuana brownies
and cannabis recipes. She gave birth to one daughter with her "captured
military man," as she called her late husband, but their daughter died
tragically in an automobile accident in the early 1970s, a loss that caused
her years of sadness and grief.

"I think losing her daughter led Mary to a sense of deep compassion for her
kids with AIDS here in San Francisco," said Peron. "But she never wanted to
talk about her own life. She would talk about anything else first, and she
was always ready to start a four-letter argument about politics and issues,
or about her kids that she loved so much, that felt abandoned by their
families, their friends, and even their lovers. But she never abandoned a
single one of them. She would say 'They need me, they are my kids, and
sometimes I'm all they've got.'"

Rathbun's family remained her cadre of fellow activists and her kids that she
cared for in Ward 86 at San Francisco General Hospital, where she devoted 14
years of her life to helping take care of those suffering from AIDS.

"Mary eased the thought of death and dying for her kids, like a Christ
figure," Peron said. "But she was a devout atheist. She always wore a button
on her blouse that said 'Jesus, protect me from your followers.' And in the
midst of my sadness over losing her, I had a vision the other day of Mary
standing before the gates of heaven. She was standing there and God said to
Mary, 'You've been an atheist your whole life. You smoked a lot, you drank a
lot, you cussed a lot. And now you want to get into heaven.'

"Then Mary replies to God, 'Yes, you're right. I've done all those things.
But if you let me through the gates of heaven, I've got 12 pot brownies for
you here in my bag, and I'm sure you'll enjoy them.'"

The Monday event starts at 8 p.m. at Theater Rhinoceros, 2926 16th
Street. For more information, call (415) 861-5079.

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

Report: Lett Fails Drug Test (According to UPI, the New York Times is
reporting that Leon Lett, the Dallas Cowboys' defensive tackle, has failed a
drug test for the third time and faces a lifetime suspension from the
National Football League. The Times report did not say what drug was
involved. One of Lett's agents, Michael Claiborne, told the Dallas Morning
News that his client had been tested an average of ten times a month for the
past four years.)

To: "NTList@Fornits. com" (NTList@Fornits.com)
Date: Mon, 19 Apr 1999 23:21:00 -0700
Subject: [ntlist] FW: US TX: WIRE: Report: Lett Fails Drug Test
Reply-To: dmercer@email.com ()

-----Original Message-----
From: owner-mapnews@mapinc.org
Sent: Monday, April 19, 1999 7:05 PM
To: mapnews@mapinc.org
Subject: MN: US TX: WIRE: Report: Lett Fails Drug Test
Newshawk: General Pulaski
Pubdate: Fri, 16 Apr 1999
Source: United Press International
Copyright: 1999 United Press International

REPORT: LETT FAILS DRUG TEST

DALLAS, April 16 (UPI) _ The New York Times is reporting that Dallas
Cowboys defensive tackle Leon Lett has failed a drug test for the
third time and may face a lifetime suspension from the National
Football league.

The Times quotes Cowboys sources who say Lett has filed an appeal that
is being reviewed by NFL commissioner Paul Tagliabue.

Lett could not be reached for comment on the report and the Cowboys
can make no official comment on any player in the NFL substance abuse
program.

The Dallas Morning News quoted team owner Jerry Jones as saying, ``The
entire program is based on confidentiality. We're not in a position to
make any comment nor would we want to. No one from the New York Times
has called and asked me or anyone in the organization questions about
this.''

Lett was suspended by the NFL for four games in the 1995 season, then
missed the last three games of the 1996 season and the first 13 games
of 1997 because of failed drug tests. He has been in the program since
1995.

The Times report indicates Lett will likely use the same appeal
process he used before his second suspension, when he challenged the
validity of the test collecting and processing arrangements.

If Lett loses his appeal, the two-time Pro Bowl tackle could be suspended
for all of the 1999 season or possibly permanently banned from the NFL
because he is in the third stage of the anti-drug program.

The Times report did not say what drug was involved.

Coach Chan Gailey said late Thursday night he knew nothing about Lett
failing a drug test.

The Times also quotes an unidentified team official as saying this
latest developments has stirred a wave of emotions, both positive and
negative.

``This is terrible news,'' the official said. ``We all thought Leon
was straightening out his life.''

Both of Lett's agents told the Morning News they had not heard about
the latest development as of late Thursday night and said they would
be shocked if it were true.

One of them, Michael Claiborne, said his client has been tested an
average of ten times a month for the past four years.

***

Non-Testers List (NTList) news list.

A consumer guide to anti-drug testing companies.

http://www.geocities.com/CapitolHill/6443/ntl.html To Join or Leave NTList
send "join ntlist" or "leave ntlist" in the TEXT area (NOT the subject area)
to: ntlist-request@fornits.com Don't forget "ntlist" in your command. For
Help, just send "help". List owner: thehemperor@webtv.net (JR Irvin)

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

Senate Hardens Pot-Sale Penalty (The Des Moines Register says a bill that
would make it a felony to sell even the smallest quantity of marijuana in
Iowa passed 34-11. The bill would also provide up to five years in prison for
anyone who gave away one-half to 1 ounce of marijuana. Having already sailed
through the House. It still needs Gov. Tom Vilsack's signature to take
effect. Sen. Jeff Lamberti, R-Ankeny, who guided debate of the bill, said it
treats marijuana more like other illicit drugs.)

Date: Wed, 21 Apr 1999 08:57:20 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US IA: Senate Hardens Pot-Sale Penalty
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Carl Olsen
Pubdate: Fri, 16 Apr 1999
Source: Des Moines Register (IA)
Copyright: 1999, The Des Moines Register.
Contact: letters@news.dmreg.com
Website: http://www.dmregister.com/
Author: Jonathan Roos, Register Staff Writer

SENATE HARDENS POT-SALE PENALTY

Had he been able to vote from the Senate gallery Thursday, Iowa State
University senior Brian Dirks said, he would have supported tougher
marijuana penalties.

Dirks, a forestry major from Le Mars, and six ISU companions watched the
Senate debate, then approve a bill that would make it a felony to sell even
the smallest quantity of marijuana.

Opponents argued that the stricter law could damage the future of a young
adult who makes a mistake. But Dirks said offenders should pay the
consequences. "I'd be real scared if someone was going to law school or
medical school using drugs," he said.

The bill also would increase criminal penalties to a maximum five years in
prison for someone who gives one-half to 1 ounce of marijuana to another
person. There would continue to be lighter punishment for giving lesser
amounts.

Sen. Jeff Lamberti, R-Ankeny, who guided debate of the bill, said it treats
marijuana more like other illicit drugs. Critics said more punishment was
the wrong approach. They called for more drug treatment and education.

"I don't think we want to fill up our prisons with more and more young
people who make that mistake," said Sen. Johnie Hammond, D-Ames.

"The real problem is the meth problem," said Sen. Matt McCoy, D-Des Moines.

Supporters of the bill rejected those arguments. "I know meth is getting all
the headlines, but there is a drug problem and marijuana is part of it,"
said Sen. David Miller, R-Libertyville.

Said Sen. Mike Sexton, R-Rockwell City, "We need to be a little bit tough on
some of these kids because maybe they don't have the structure at home that
our kids do."

The bill, passed on a 34-11 vote, already had sailed through the House. It
still needs Gov. Tom Vilsack's signature to take effect.

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

Couple Sent To Prison For Growing Marijuana (The Milwaukee Journal Sentinel,
in Wisconsin, says Gary & Dawn Roth forfeited their 460-acre farm in Vernon
County and were sentenced to 10 years, and three years and one month,
respectively, after police found 4,244 marijuana plants in a converted hog
barn in December.)

Date: Fri, 16 Apr 1999 03:24:14 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US WI: Couple Sent To Prison For Growing Marijuana
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: compassion23@geocities.com (Frank S. World)
Pubdate: April 16, 1999
Source: Milwaukee Journal Sentinel (WI)
Copyright: 1999, Milwaukee Journal Sentinel
Contact: jsedit@onwis.com
Fax: 414-224-8280
Website: http://www.jsonline.com/
Forum: http://www.jsonline.com/cgi-bin/ubb/ultimate.cgi
Author: Kevin Murphy Special to the Journal Sentinel

COUPLE SENT TO PRISON FOR GROWING MARIJUANA

Madison - A Vernon County couple convicted of running one the state's
biggest marijuana-growing operations were sentenced to prison Thursday
and had their 460-acre farm taken away from them.

Gary Roth, 40, received a mandatory minimum 10-year prison sentence,
and his wife, Dawn Roth, 42, was sentenced to three years and one
month in prison. The two pleaded guilty in February to conspiracy to
manufacture marijuana.

As part of a plea bargain, the couple agreed to forfeit their farm,
equipment and other assets totaling $908,000, the amount of their net
profits on the sale of marijuana from 1993 to 1998.

State and federal authorities raided the Roths' hog and grain farm in
December and seized 4,244 live marijuana plants from a hog barn that
was converted to a state-of-the-art marijuana factory. It took a
semitrailer to haul off the plants.

Gary Roth grew more than 700 pounds of marijuana between 1992 and
1998, authorities said.

Gary Roth took over his family's farm and steadily expanded
operations, which impressed neighbors and area businesses, according
to letters sent to the court.

At the time of his arrest, Gary Roth was raising corn and soybeans on
6,000 acres. To obtain the expensive equipment required to farm more
acres, he teamed in 1992 with another man and began cultivating marijuana.

Gary Roth pursued the illegal crop with the same expertise he used to
grow corn and beans, even traveling to the Netherlands to buy
marijuana seed, court records said.

Gary Roth became a successful marijuana farmer, growing 50 pounds in
1992 and doubling the harvest the next year, said Assistant U.S.
Attorney Daniel Graber.

Gary Roth sold the crop to a buyer in Minneapolis and grossed about
$10,000 a week, Graber said. Gary Roth and his partner had a falling
out over money in 1996, and Roth later bought him out for $35,000,
Graber said.

Dawn Roth did not become involved in the growing operation until the
couple separated in 1997 or 1998, said Gary Roth's attorney, Mark
Eisenberg. Dawn Roth, who worked as a travel agent, needed more money
and began tending the marijuana plants, said Graber. She was paid $400
for every pound sold.

When Dawn Roth asked the former partner in December to help tend the
plants so the Roths could go on vacation, the man told the authorities
about the operation in exchange for immunity.

U.S. District Judge Barbara Crabb said she gave Gary Roth a longer
sentence than his wife because of his role as leader of the operation.

Eisenberg said he would appeal Gary Roth's sentence.

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

Four Co-Defenders Say Cop Was Drug Kingpin (The Chicago Tribune says four
co-defendants pleaded guilty Thursday to drug conspiracy charges and accused
Officer Joseph Miedzianowski, a Chicago policeman, of leading a double life
as a cocaine kingpin who allegedly interfered with a murder investigation,
armed gang members with semi-automatic weapons and betrayed fellow officers
working undercover. In exchange for their cooperation and their testimony
against Miedzianowski and others, the four likely will receive sharp
reductions in prison sentences that could have sent them away for anywhere
from 17 years to life.)

Date: Fri, 16 Apr 1999 17:33:46 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US IL: Four Co-Defenders Say Cop Was Drug Kingpin
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Jim Galasyn
Pubdate: Fri, 16 Apr 1999
Source: Chicago Tribune (IL)
Copyright: 1999 Chicago Tribune Company
Contact: tribletter@aol.com
Website: http://www.chicagotribune.com/
Forum: http://www.chicagotribune.com/interact/boards/
Author: Todd Lighty

FOUR CO-DEFENDERS SAY COP WAS DRUG KINGPIN

A Chicago policeman accused of leading a double life as a drug kingpin
allegedly interfered with a murder investigation, armed gang members
with semi-automatic weapons and betrayed fellow officers working
undercover, according to accounts from four co-defendants who pleaded
guilty on Thursday to drug conspiracy charges.

In an appearance before U.S. District Judge Blanche Manning, the four
admitted their roles in a Miami-to-Chicago drug ring that the FBI said
distributed more than 220 pounds of powder and crack cocaine in
Chicago from 1995 through 1998 -- a ring allegedly protected and run
by Officer Joseph Miedzianowski.

The four include the ring's drug courier, two customers and its chef,
who admitted to cooking about 55 pounds of powder cocaine into crack
allegedly for Miedzianowski.

In their plea agreements, they supplied new details in the
government's case against Miedzianowski, including how in 1995 he
allegedly told a murder suspect the names of possible witnesses in the
case and how two years later he supplied a dozen semi-automatic
pistols and revolvers to the Imperial Gangsters in their bloody street
war against the Spanish Cobras.

Further, their plea agreements also reveal accusations that a second
Chicago officer was present while Miedzianowski supposedly mediated a
drug dispute outside a police station.

Assistant U.S. Atty. Brian Netols declined to identify the second
officer, or provide more details about the murder.

But Netols said that with the four co-defendants breaking ranks they
have "obviously provided significant" information about the drug ring
and police corruption.

Miedzianowski's lawyer, Phillip A. Turner, said the allegations were
ludicrous, brought forth by desperate people looking to spare
themselves long prison terms.

"We are going to refute every last one of those allegations," Turner
said. "We will do it with witnesses of our own and documentation."

Miedzianowski, 46, a longtime officer in the gang crimes unit, has
been in federal custody since his arrest last December. He was
scheduled to be arraigned Friday on charges of participating in a
conspiracy to distribute drugs.

Lawyers for the four who pleaded guilty -- Yolanda Navarro, 26; David
Ruiz, 28; Francisco Figueroa, 29; and Joseph DeLeon, 32 -- either did
not return messages or declined to comment.

But according to their plea agreements, the four offer fresh, gritty
details of the government's allegations that Miedzianowski ran a major
drug ring while both on and off duty.

In exchange for their cooperation and their testimony against
Miedzianowski and others, the four likely will receive sharp
reductions in prison sentences that could have sent them away for
anywhere from 17 years to life.

Some of the most highly charged accusations came from DeLeon, a
high-ranking member of the Imperial Gangsters.

Miedzianowski, according to court documents, once described DeLeon as
a friend, and the government alleges he was the drug ring's best customer.

According to his plea agreement, DeLeon said he bought roughly 88
pounds of crack cocaine from the drug ring from summer 1996 to 1998 --
with Miedzianowski allegedly personally delivering about 20 pounds to
him. DeLeon also said he supplied some drugs to gang members who would
sell smaller quantities on Chicago's streets.

DeLeon also told prosecutors about a second police officer who might
be partially aware of Miedzianowski's alleged role, according to the
plea agreement. The second officer, according to DeLeon, stood nearby
as Miedzianowski tried to resolve a dispute over drug prices and
supplies between DeLeon and Juan Martir, a convicted drug dealer who
is also cooperating with prosecutors.

The second officer did not participate in the meeting, which occurred
outside the Grand Central Area police headquarters, according to court
documents.

DeLeon and Martir never resolved their differences that day, and
DeLeon alleges that Miedzianowski stepped in and replaced Martir as
his new supplier of cocaine.

DeLeon's plea also added detail to previous allegations by the
government that Miedzianowski thwarted the efforts of fellow officers
trying to arrest drug dealers. Whenever undercover cops were working
DeLeon's neighborhood, Miedzianowski allegedly tipped him off.

He also accused Miedzianowski of supplying him with at least 12
semi-automatic pistols and revolvers and bags full of bullets.

"During the time Miedzianowski was giving (DeLeon) firearms and
ammunition, the Imperial Gangsters were at war with the Spanish Cobra
street gang," court documents say. "Miedzianowski knew (DeLeon) was
giving most of the firearms and ammunition . . . to fellow members of
the Imperial Gangsters, and that these firearms were utilized for
Imperial Gangster street protection and retaliation."

Francisco Figueroa, according to his plea agreement, admitted
delivering cocaine and collecting money for the drug ring and cooking
powder cocaine into highly potent crack cocaine. Figueroa also told
prosecutors that Miedzianowski joined with others to rob rival drug
dealers and accused the officer of interfering with a murder
investigation.

In 1995, according to Figueroa's plea, Nelson Padilla -- the "prince,"
or leader, of the Latin Lovers street gang -- "was wanted for murder"
by Chicago police detectives, according to court documents.

Miedzianowski allegedly gave Padilla and others the names of witnesses
to the fatal shooting, documents show. Miedzianowski never turned in
Padilla, who hid in Miami for a while before quietly returning to Chicago.

Netols, the federal prosecutor, would not discuss the status of the
murder investigation but said his office was working with state
prosecutors and Chicago homicide detectives.

Padilla also has been indicted in connection with the current drug
investigation and is in federal custody.

Figueroa told prosecutors that he taught Miedzianowski's girlfriend
and co-defendant, Alina Lis, how to cook powder cocaine into crack.

"Joseph Miedzianowski was frequently at (Lis') apartment while
(Figueroa) cooked the cocaine, complaining about the smell made by the
cooking crack," according to Figueroa's plea agreement.

Lis' former roommate, Yolanda Navarro, also is cooperating with the
government.

Navarro said Miedzianowski allegedly tipped her off about an
investigation of her former boyfriend and used a building owned by his
elderly mother to stash drugs.

Drug seller David Ruiz, according to court documents, said he saw
Miedzianowski inside one of Martir's stash houses and that he was
aware that Martir allegedly paid protection money to
Miedzianowski.

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

Merle Haggard Still Calls The Tune (A Boston Globe feature article on the
country music legend from Bakersfield, California, quotes him saying "Okie
from Muskogee" was a kind of joke, and that conservatives - especially the
anti-marijuana forces - have gone too far. "America has sure gone to some
sort of a police state in the last 10 years," he said. Thanks to "zero
tolerance" policies by U.S. authorities at the Canadian border, he won't play
in Canada now for fear of having tour buses forfeited.)

Date: Fri, 16 Apr 1999 16:32:52 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Merle Haggard Still Calls The Tune
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: emr@javanet.com (Dick Evans)
Pubdate: Fri, 16 Apr 16, 1999
Source: Boston Globe (MA)
Copyright: 1999 Globe Newspaper Company.
Contact: letters@globe.com
Website: http://www.boston.com/globe/
Author: Steve Morse

MERLE HAGGARD STILL CALLS THE TUNE

When Merle Haggard released ''Okie from Muskogee'' 30 years ago, the
song made him a right-wing hero. Issued at the height of the Vietnam
War protests, it won him praise from conservatives for the line ''We
don't smoke marijuana in Muskogee/We don't take our trips on LSD.''

Haggard always said the hoopla was overplayed, claiming he intended
the song as a kind of jest. And, today, this country legend cum rugged
individualist says that conservatives - especially the anti-marijuana
forces - have gone too far.

''America has sure gone to some sort of a police state in the last 10
years,'' says Haggard, who is at the Flynn Theatre in Burlington, Vt.,
tomorrow and Lowell Memorial Auditorium on Sunday.

He hasn't played in New England since 1990, mainly because the region
used to serve as a connecting stop for his tours of Canada, which he
has cut out temporarily. He says he's sick of the US ''zero
tolerance'' laws, which make reentering the States an indignity.

''If they find a seed of marijuana in your car or bus, they'll run it
all over the news,'' says Haggard, speaking from his home in northern
California. ''I've got 30 people working for me. There is liable to be
a seed of marijuana, so it makes it very uninviting to go into Canada,
knowing that the United States is going to harass you coming back.

''They snatched some buses from people I won't name, and buses are not
cheap,'' he adds, referring to the US customs officials. ''It costs us
seven or eight years of our lives to pay for these buses, and they
just take 'em. Like I say, you can't personally shake people down that
work for you. I'm not going to do that. You don't know who's doing
what and who isn't, but [the police] come on and this `zero tolerance'
thing they've got going is really amazing. They've got private
enterprise building prisons now. It's scary. It's overkill.''

Maybe Haggard could do a solo acoustic ''unplugged'' tour instead.

''That's not a bad idea. Yeah, they won't have nothin' to search,''
snaps Haggard, a grizzled 61-year-old (alias ''The Hag'') who is
loaded with strong opinions and enjoys being cast as a proverbial outsider.

Take his feelings toward the Nashville establishment: Been there, done
that. To put it mildly.

''I moved to Nashville for two years - in 1976 and '77 - and my record
sales went down to about half what they had been,'' says Haggard, who
emerged from the same Bakersfield, Calif., scene that spawned Buck
Owens. ''So I got the hell out of there and my record sales went right
back up. It was like living in the middle of a carnival. Hey, I don't
mind coming to work and running the Ferris wheel once in a while, but
I don't want to live right there. That's kind of the way it is down
there. Your work becomes your entirety. I've never given my full
entire self to this business. I give about half my time. And I'm not
going to give any more than that.''

No wonder the Hag is branded a classic loner - an image the public has
embraced during a career that has seen an astonishing 63 of his songs
in the Top Ten of the country charts. Among his signature,
baritone-rich tunes: ''Mama Tried,'' ''Workin' Man Blues,'' ''Sing Me
Back Home,'' ''Tonight the Bottle Let Me Down,'' and ''Today I Started
Loving You Again.''

''I'll tell you what the public likes more than anything. It's the
most rare commodity in the world - honesty. You just have to be honest
with them and say, `Hey, I don't want to live in Nashville.' It's a
nice city and has paid tribute to me and I owe it a lot. But I don't
want to live there ... I want to make my music on the West Coast.''

Haggard is almost a Paul Bunyan figure in country lore. He was born in
Bakersfield and lived in a boxcar where his father, a railroad worker,
resided. His father died when Haggard was 9, starting a downhill
spiral that led to a crime-dotted youth, including a three-year stint
in San Quentin for armed robbery. He was released in the early '60s
and was given a full pardon by Governor Ronald Reagan in 1972.

Haggard has been on the road for 38 years with his band, the
Strangers, of which only three early members are left: Don Martin,
horn, steel player and band leader, Norman Hamlett; and harmony
singer, Bonnie Owens.

''All the rest of the band is new,'' he says, ''and everybody's
younger than me, but that wouldn't be saying much.''

Haggard has fought many battles in his life, but one that stands out
is his fight to use the Strangers in the studio. He stuck with them
even though the Nashville way was to make solo acts use so-called ''A
team'' studio players to get a homogenized sound suitable for radio.

''If there's an Elvis Presley out there today, we wouldn't even know
it. He wouldn't get a chance to use his own band. They'd run that same
damned band in on him,'' he says.

Today's new artists are also ''not getting to put out the songs that
are the best. The songs have to be of a nature that doesn't cause
someone to look up from their computer, otherwise they won't be
played. So [the music] is being strained and refined and perfected -
and there's nothing more boring than perfection.''

Haggard is likewise angry at the industry's prejudice against older
artists, who are routinely denied airplay. ''I think if we had this
mentality in charge in the last 100 years, we would have missed some
of the greatest performers in the world. What if they did that in
classical music? What would we do - make Pavarotti go home?''

Haggard's son, Noel, is another Nashville refugee. ''He went down
there ... but they wouldn't let him insert an idea of his own at all.
He got disgusted and came home. He's working here at the ranch,'' he
says, referring to his citrus ranch.

''I don't know if Noel is going to do music or not. He's 35 years old
and, of course, he's going to be over the age curve soon. He'll be too
damned old! And that's silly. I didn't even grow up until I was 40
years old. And I surely didn't mature musically until about that
period. It's a shame that the public is denied mature music.''

Haggard puts the blame on spineless producers and program directors
''who know absolutely zero about music. ... It's time to turn the body
and fender work back over to the body and fender people.''

To his credit, Haggard is still plugging on. He survived heart surgery
two years ago, altered his diet, and feels better than ever. He now
has six children, including two (ages 6 and 9) from his current
marriage. ''It's just the greatest thing I've ever been involved with
in my life,'' he says. ''They say you'll enjoy kids more when you're
older, and I certainly do.''

In addition, this could be one of his busiest career years. He is
preparing a boxed set of the gospel music he's done through the years.
He also has a pay-per-view concert in October timed to coincide with
the release of a double CD of 61 of his best-known songs he's now
rerecording for RCA. And he has an autobiography (tentatively titled
''The Running Kind'') due this fall as well.

''You'll be hearing a lot about me in the next few months,'' says
Haggard, laughing. And you can bet that whatever you hear will bear
the same candor that has always marked his work. He knows no other
way.

***

Date: Mon, 19 Apr 1999 11:15:52 -0700
From: Bob Newland (newland@rapidcity.com)
To: CanPat List (cp@telelists.com)
Subject: [cp] Merle Haggard

The story goes that, 'long about 1968, Merle Haggard's tour bus entered the
city limits of Muskogee, as signified by the sign, "Muskogee, Pop. XXX".

One of the members of the band or road crew, in the process of rolling a
joint, noticed the sign and said, "Bet they don't smoke much marijuana in
Muskogee," which brought a long round of laughs, giggles and nose bubbles
from Merle and the rest of the bus (one o'them moments, y'know). And thus
was born a country music success story.

Bob Newland
http://www.nakedgov.com/

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

El-Amin Apologizes, Gets One Day Of Community Service (The Middletown Press
says University of Connecticut basketball star Khalid El-Amin apologized
Thursday to his family, his teammates and the people of Connecticut and
Minnesota for his arrest on marijuana possession charges 15 days after
leading the Huskies to their first national championship. The 19-year-old
Minneapolis native was stopped for a traffic violation in Hartford and a
small amount of marijuana was discovered during a pat-down search.)

Date: Fri, 16 Apr 1999 10:31:44 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CT: El-Amin Apologizes, Gets One Day Of Community Service
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: Fri, 16 Apr 1999
Source: Middletown Press (CT)
Copyright: 1999, Middletown Press
Contact: editor@middletownpress.com
Website: http://www.ctcentral.com
Author: Sussanne Youmans, Associated Press Writer

EL-AMIN APOLOGIZES, GETS ONE DAY OF COMMUNITY SERVICE

STORRS -- A contrite and emotional Khalid El-Amin apologized Thursday to his
family, his teammates and the people of Connecticut and Minnesota for his
arrest on marijuana possession charges.

The University of Connecticut point guard, joined by coach Jim Calhoun at a
news conference in Gampel Pavilion, called the actions leading to his arrest
Tuesday evening "a gross error of judgment."

"I have earned the respect of this school ... and I just want a second
chance to prove myself," said El-Amin, glancing at notes scrawled on a blue
sheet of paper and taking long pauses to collect himself. "To all the people
who have supported me ... I am very sorry for this incident. It will never
happen again."

The 19-year-old Minneapolis native, a sophomore majoring in communications,
was stopped for a traffic violation in Hartford and a small amount of
marijuana was discovered during a pat-down search.

UConn scoring leader Richard Hamilton was in the car but was not charged.
El-Amin also publicly apologized to Hamilton on Thursday.

"I want to apologize to my dear friend Richard Hamilton for putting him in
this situation," El-Amin said.

Hamilton and other teammates lined the walls of the conference room during
El-Amin's statement.

Calhoun has stood by El-Amin since the arrest and Thursday called him an
"asset to the university and the program."

Calhoun also ended any speculation that El-Amin would not participate in a
victory parade on Saturday.

"The parade is a great celebration of a wonderful basketball season ...
which Khalid has been an intricate part of," Calhoun said. "I would tie him
down to make sure he's on the float."

Calhoun said El-Amin would be disciplined next basketball season, but he
would not say what his player will face.

El-Amin would not say whether the incident would affect his decision to
return to UConn. Last week he announced he would not take part in the NBA
draft and would return for his junior year with the Huskies. But Thursday
El-Amin would not give a definite answer.

"Those questions will be answered at a later date," he said.

Calhoun said El-Amin was not backing off his previous decision, but had
other issues to resolve at this point.

El-Amin was arrested 15 days after leading the Huskies to their first
national championship, and a day after he was honored in his hometown of
Minneapolis.

The public apology came hours after El-Amin appeared in a Hartford courtroom
and entered a conditional plea on the misdemeanor marijuana charge. He drew
a sentence of one day of community service and a stern lecture from the
judge. He also was ordered to speak to school children on the evils of drug
use, an assignment he said he welcomes.

"I am a role model and I'll continue to be a role model. I just want to help
the youngsters understand to make the right decision," said El-Amin.

Judge Raymond Norko handed El-Amin a rebuke along with the sentence.

"The court is aware of who you are, where you are from and what you have
done," Norko said.

The judge, reminding El-Amin of his responsibility as a public figure,
referred to the player's jubilant claim after the Huskies upset Duke in the
NCAA championship game March 29: "We shocked the world!"

"The epilogue to that is: `I disappointed the world,'" Norko said.

El-Amin did not respond, except to politely reply, "Yes, Your Honor" to
questions from the judge.

The arrest may not have been a coincidence, The Hartford Courant reported
Thursday. The newspaper, citing police documents and sources it did not
identify, said an informant had tipped police about El-Amin's trip to an
area of Hartford known for drug activity.

Detectives arrived at the parking lot before El-Amin and saw him making what
appeared to be a drug transaction, the newspaper said.

El-Amin was charged with possession of less than 4 ounces of marijuana, a
misdemeanor. His sentence is the typical punishment given to first-time
offenders. The charges will be dropped and his record wiped clean in 30 days
if he successfully completes his community service.

His unspecified community service is scheduled for April 21. The lectures to
middle schools are not yet scheduled.

A handful of UConn fans watched the proceedings, one bringing a basketball
he hoped to have autographed. El-Amin quietly passed autographs to two
courthouse workers sitting behind him before his lawyer instructed him not
to sign any more.

Calhoun said the incident does not tarnish the program's accomplishments
this year.

"I looked at the trophy and it looked exactly the same," he said. "I don't
know how this got involved with the basketball game. It's a quantum leap.

"Do I feel we didn't win the national championship because one kid made an
error in judgment? No," Calhoun said. "Has the last week not been as happy
as the previous two? Yes."

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

89-Year-Old Man Sentenced For Selling Crack (The Associated Press says Brose
Gearhart, who turns 90 today, was sentenced Monday to up to four years in
prison for running a $1,000-a-week operation from his home in Saugerties, New
York, and routinely trading drugs for sex with prostitutes.)

Date: Fri, 16 Apr 1999 16:12:06 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US NY: WIRE: 89-Year-Old Man Sentenced For Selling Crack
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: when@olywa.net (Bob Owen)
Pubdate: Thu, 16 Apr 1999
Source: Associated Press
Copyright: 1999 Associated Press

89-YEAR-OLD MAN SENTENCED FOR SELLING CRACK

KINGSTON, N.Y. (AP) -- An 89-year-old man convicted of selling crack
cocaine has been sentenced to up to four years in state prison.

Authorities said Brose Gearhart, who turns 90 today, ran a
$1,000-a-week crack sales operation from his Saugerties home and
routinely traded drugs for sex with prostitutes.

"I got nothing to say, I guess," Gearhart told the judge at sentencing
Monday.

"Notwithstanding his age, we have to send a message," prosecutor
Michael Miranda said.

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

Yankees' Strawberry Is Charged With Drug Possession, Solicitation (The
Philadelphia Inquirer version)

Date: Sat, 17 Apr 1999 17:45:34 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US FL: Yankees' Strawberry Is Charged With Drug Possession,
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: Fri, 16 Apr 1999
Source: Philadelphia Inquirer (PA)
Copyright: 1999 Philadelphia Newspapers Inc.
Contact: Inquirer.Opinion@phillynews.com
Website: http://www.phillynews.com/
Forum: http://interactive.phillynews.com/talk-show/
Author: Fred Goodall

YANKEES' STRAWBERRY IS CHARGED WITH DRUG POSSESSION, SOLICITATION

TAMPA, Fla. -- Darryl Strawberry's turbulent baseball career has taken
another off-field jolt: He has been charged with possession of cocaine with
a street value of about $20 and with soliciting a prostitute.

The New York Yankees outfielder offered a female undercover officer $50 for
sex, Tampa police said after the arrest a few miles from the team's training
complex on Wednesday night.

A search turned up 0.3 grams -- about 1/100th of an ounce -- of powder
cocaine wrapped in a $20 bill inside Strawberry's wallet, police said. He
was booked and released on $6,000 bond early yesterday.

"It appeared for personal use," police spokesman Joe Durkin said. "One-hit
size."

The 37-year-old outfielder told police that the cocaine did not belong to
him and that he never intended to have sex with the undercover officer.

According to the police report, Strawberry said his wife's uncle had used
the vehicle the previous night and that it was possible he might have left
the folded $20 bill in the glove compartment where Strawberry found it
Wednesday.

The eight-time all-star said he was joking around with the undercover
officer about sex and drove off with no intention of meeting her at a nearby
motel room.

Strawberry has been in Tampa to work himself back into shape following
colon-cancer surgery last Oct. 3.

Cocaine possession is a third-degree felony with a maximum penalty of five
years in prison, Assistant State Attorney Pam Bondi said. The maximum
penalty for solicitation, a misdemeanor, is 60 days in the county jail for a
first offense. After that, the maximum penalty is a year in county jail, she
said.

However, those are general guidelines, Bondi said, indicating that charges
for Strawberry had yet to reach the prosecutor's office.

Lonn Trost, the Yankees' general counsel, declined to comment, saying the
team would allow the legal process to run its course before speaking out.

After the Yankees won the World Series without him last season, Strawberry
was praised by New York City Mayor Rudolph Giuliani "for the comeback he's
made as a baseball player and the comeback he's making in life."

He was in New York last weekend to receive his World Series ring, but was
not expected to join the Yankees until he completed chemotherapy and a stint
with triple-A Columbus.

Strawberry's list of substance-abuse problems is lengthy.

Major League Baseball suspended him for 60 days in 1995 after he tested
positive for cocaine. The previous year, he had entered the Betty Ford
Center in Rancho Mirage, Calif., and spent four weeks undergoing treatment
for a substance-abuse problem.

In 1990, while with the New York Mets, he entered the Smithers Center in New
York for alcohol rehabilitation.

In addition to substance abuse, Strawberry also ran afoul of tax laws. In
1995, a federal court ordered him to repay $350,000 in back taxes and
sentenced him to six months of home confinement, except for games.

Strawberry, the National League rookie of the year in 1983 and a World
Series champion with the Mets in 1986, also was accused of failing to make
timely payments to an ex-wife.

He rebounded after signing with the Yankees in June 1995 and had remained
drug-free, with regular testing by Major League Baseball. Strawberry had his
best season in seven years in 1998.

Strawberry has a .250 career average with 332 homers and 994 RBIs in 16
major-league seasons with the Mets, Los Angeles Dodgers, San Francisco
Giants, and Yankees. He led the NL with 39 homers in 1988 and topped 100
RBIs three times with the Mets from 1987-90.

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

Report: Strawberry Begged To Be Let Off (The UPI version says the Yankees
slugger told Tampa police he was only joking when he offered $50 to an
undercover police officer for sex. He also said he knew nothing about the
cocaine that was allegedly found wrapped in a $20 bill in his wallet,
claiming he found the money in the glove compartment of a borrowed car.)

Date: Mon, 19 Apr 1999 19:01:43 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US FL: WIRE: Report: Strawberry Begged To Be Let Off
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: General Pulaski
Pubdate: Fri, 16 Apr 1999
Source: United Press International
Copyright: 1999 United Press International

REPORT: STRAWBERRY BEGGED TO BE LET OFF

TAMPA, Fla., April 16 _ A Tampa police sergeant says Yankees slugger
Darryl Strawberry begged police to let him go after he asked an
undercover officer for drugs and sex.

The officer told the New York Daily News that Strawberry said the bust
would ruin his career and asked if there was anything he could do to
change the situation.

Police say Strawberry told them he was only joking after he
propositioned the officer on Tuesday night. He also said he knew
nothing about the cocaine.

The drug was allegedly found wrapped in a $20 bill, and police say
Strawberry claimed he found the money in the glove compartment of a
borrowed car.

A family friend tells the News that Strawberry's wife Charisse plans
to stand by her troubled husband, who is undergoing chemotherapy for
colon cancer.

New York City Mayor Rudolph Giuliani says he is pulling for
Strawberry, and feels ``very, very sorry for him.''

Team owner George Steinbrenner has refused to comment, while baseball
commissioner Bud Selig says the justice system must run its course.

Pitcher David Cone, one of Strawberry's teammates who supported him
throughout his battle with colon cancer as the team fought to become
World Series champions last year, called the bust ``an awful
situation.''

He said, ``I love the guy. He's a friend of mine and I've got to stand
by him.''

The News reports Strawberry submitted to a supervised urine test two
times as part of his regular drug monitoring last week, on Tuesday and
yesterday, but had no word on the results.

Strawberry must take the tests because of a 1995 suspension for
cocaine use.

The tests detect cocaine use over the three previous days.

Police say Strawberry was caught with one-third of a gram of cocaine -
enough for a single hit.

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

Million Marijuana March web endeavor - millionmarijuanamarch.com (A list
subscriber forwards information about the worldwide reform rally scheduled
for Saturday, May 1. The world wide web is making it all possible.)

Date: Fri, 16 Apr 1999 18:28:10 -0500
To: "DRCTalk Reformers' Forum" (drctalk@drcnet.org)
From: cheechwz@mindspring.com (A H Clements)
Subject: fwd: MMM WEB ENDEAVOR millionmarijuanamarch.com
Reply-To: cheechwz@mindspring.com
Sender: owner-drctalk@drcnet.org

[Forwarded from Paul Cornwell of CAMP (worldcamp@worldcamp.org), who is
coordinating the Atlanta MMM protest. CAMP was victorious this week in a
4 year long Federal lawsuit over denial of Peidmont Park for protest events
like the annual pot festival (email CAMP for details).]

I hope *everyone* is going to take some form of direct action May 1,
wherever you may happen to be.

ashley in atlanta

***

INTERNATIONAL MARIJUANA REFORM GOES TO THE WEB

It seems that this May 1st, the whole panorama of legalization interests
from fiber, medicinal access, imprisonment of marijuana users, and the
complex issue of legal adult recreational use, will be marching in step for
personal freedom, reason and tolerance. You may even be able to stay home
and light up, while watching live feeds from demonstrations all over the
world (if your not marching that is!).

During the sixties and seventies direct action for the reform of marijuana
law consisted of marches, rallies, and smoke-ins. Now it seems that you
can sit at home, smoke a joint, and join the revolution. In the last few
years advocates for the legalization of marijuana have taken to the
internet to espouse all points of view on the subject of reform.

Since the success of pro-legalization sites like hightimes.com,
marijuana.com, drcnet.org, mapinc.org, november.org, norml.org,
legalize.org, and cures-not-wars.org, not to mention hundreds of others all
over the net, there is a whole new fever among activists to use this potent
new tool to connect all the various points of view and groups throughout
the world. Some of these sites are flashy, "Hey, we support Pot', and are
full of cannabis graphics while others contain in depth info and links to a
wealth of resources and contacts.

The MILLION MARIJUANA MARCH, an International Day of Protest, started on
the first of May last year in New York City. It is the marijuana
movement's recent attempt to exert political muscle on the internet.
Facing down Mayor Rudolph Guilliani, Cures Not Wars went to Federal court
for the right to march in their traditional protest, the historical 29 year
old, Fifth Avenue Marijuana March. Last year's 'first' Million Marijuana
March drew thousands of protesters to Washington Square, who then marched
past NYC City Hall to Battery Park in lower Manhattan.

The march itself was not unique. There have been hundreds of marches and
rallies drawing tens of thousands of participants. What is different is
the way the marijuana movement is beginning to coalesce this spring under
the moniker 'THE MILLION MARIJUANA MARCH'. Internationally the banner has
been picked up in an attempt to reform the marijuana laws of Great Britain
on an excellent site put together by the ICC - International Cannabis
Campaign (www.schmoo.co.uk/mayday). Marches now are being held worldwide
in over twenty cities, among them London, Auckland NZ, Melbourne Australia,
Amsterdam, Johannesburg South Africa, just to mention a few.

What was an independent attempt by many groups to form an International
Marijuana Day, has become a full throttle endeavor on the internet to
assemble the largest pro-marijuana protest in history. Cures Not Wars
(cures-not-wars.org) enlisted the help of its sister organization and long
time direct action engine, CAMP, to promote the event worldwide. The
Coalition for the Abolition of Marijuana Prohibition, CAMP, (worldcamp.org)
was formed in 1978 to bring together divergent groups on platforms and
forums acceptable to all viewpoints. Out of this coalition grew the NYC
Fifth Avenue Pot Parade (1978 / YIP) and the 29 years of annual marijuana
protest in the nation's capital every July 4th. It is now promoted as the
4th of July Coalition (4th of july.org). CAMP was also instrumental in
supporting initiatives in the early 80's in California (CMI) and Oregon
(OMI). CAMP participated in the 1980 International Cannabis Alliance for
Reform convention (ICAR) with its sister group the Legalization of Cannabis
Campaign (LCC) which has now become the ICC.

After visiting the site, www.millionmarijuanamarch.com, a person can see
the progress of The Million Marijuana March as it proceeds. Listed are all
the sponsors and endorsements. This one-of-a-kind portal has handy links to
all the useful websites that promote marijuana reform. Concentrating on
the MMM, Saturday May 1st, it features times and places for assembly, maps,
lists of speakers, bands playing, resources like stickers, posters, dates
of 420 benefits, products available to those wishing to promote the event,
and individual contacts around the world. Cities participating across the
United States include New York City, Chicago, Los Angeles, San Francisco,
Seattle, Atlanta, Washington D.C., Tampa, Austin TX, and many, many others.

You can sit on your butts and surf the revolution from a distance or you
can sit at home and write your congressperson. But if you want to take
direct action you can join the one million marijuana co-conspirators in
their quest to legalize cannabis by marching in the streets Saturday May
1st, 1999.

Paul Cornwell
National Coordinator / CAMP

worldcamp@worldcamp.org
www.millionmarijuanamarch.com

Permission is hereby granted to reprint and distribute to all media
MMM 1999 COMMUNICATIONS

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

Zero tolerance sparks mutiny in police ranks (The Australian News Network
says New York Police Commissioner Howard Safir, who has overseen a sharp drop
in crime with a much-vaunted zero-tolerance policy, faces a mutiny in the
ranks for turning the city into a "police state" where people despise men and
women in uniform. The Patrolmen's Benevolent Association, representing police
officers, has cast a unanimous vote of no confidence in Safir amid rising
concern about police misconduct.)

Date: Sat, 17 Apr 1999 14:44:24 +0930
To: "Pot News from hemp SA" (pot-news@beetroot.va.com.au)
From: "Cyber Andy" (duffy@newave.net.au)
Subject: [pot-news] Zero tolerance sparks mutiny in police ranks
Reply-To: "Pot News from hemp SA" (pot-news@beetroot.va.com.au)

***

Pot News - Hemp SA's On-line News Service

***

The Australian News Network 16/04/1999
From: owner-news@theaustralian.com.au
http://www.theaustralian.com.au/index.asp?URL=/world/4365743.htm

Zero tolerance sparks mutiny in police ranks

From The Times

16 apr 99

NEW YORK'S Police Commissioner, who has overseen a sharp drop in
crime with a much-vaunted zero-tolerance policy, faces a mutiny in the
ranks for turning the city into a "police State" where people despise
men and women in uniform.

The Patrolmen's Benevolent Association, representing police officers,
has cast a unanimous vote of no confidence in Police Commissioner
Howard Safir amid rising concern about police misconduct.

The union accused him of destroying public trust by pressing officers to
pursue aggressive tactics even though crime has fallen to the level of
30 years ago. Its leaders called for a "go slow" in issuing summonses for
trivial offences such as riding bicycles without bells.

Union president James Savage told a meeting of 400 delegates on
Tuesday: "When zero-tolerance tactics were introduced, crime was at
an all-time high. Now that crime is way down, an adjustment is
required. If we don't strike a balance between aggressive enforcement
and common sense, it becomes a blueprint for a police State and
tyranny."

Public confidence has plunged after two widely publicised cases of
brutality. A Haitian immigrant was sodomised by officers with a lavatory
plunger while in custody in Brooklyn. Then, in the Bronx, an unarmed
West African was killed in a fusillade of 41 bullets by four members of
the Street Crime Unit.

The Police Commissioner's conduct has also been called into question
since he accepted a free plane trip to last month's Oscars ceremony.
He has been criticised for using police officers as security at his
daughter's wedding and for getting detectives to interrogate a driver
who crashed into his wife's car.

***

HEMP SA Inc - Help End Marijuana Prohibition South Australia
PO Box 1019 Kent Town South Australia 5071
Email: mailto:hempSA@va.com.au
Website: http://www.hemp.on.net.au
Check out our on-line news service - Pot News!
To subscribe to Pot News
send mailto:subscribe-pot-news@lists.va.com.au

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

Salvos Stop Saying 'No' (The Australian says the Salvation Army has
jettisoned its "just say no" approach to drug and alcohol rehabilitation,
forcing Prime Minister John Howard's chief drug adviser and his best-known
advocate of zero-tolerance policies to concede the agency had allowed itself
to be depicted as too hardline.)

Date: Fri, 16 Apr 1999 16:10:24 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: Salvos Stop Saying 'No'
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Kenneth William Russell (kwr01@uow.edu.au)
Pubdate: Fri, 16 Apr 1999
Source: Australian, The (Australia)
Copyright: News Limited 1999
Contact: ausletr@matp.newsltd.com.au
Website: http://www.theaustralian.com.au/
Author: Kristine Gough

SALVOS STOP SAYING 'NO'

THE Salvation Army has jettisoned its "just say no" approach to drug
and alcohol rehabilitation, forcing John Howard's chief drug adviser
and his best-known advocate of zero-tolerance policies to concede the
agency had allowed itself to be depicted as too hardline.

The Army's Brian Watters, the chairman of the Federal Government's
drug advisory council, earlier this year supported the jailing of
young drug addicts. But he said yesterday it was "unfortunate" the
public perceived the Salvation Army as "hardline moralistic".

Major Watters, a vocal opponent of controlled heroin trials, said his
role in that debate had meant people thought of the Salvos as "narrow
and proscriptive".

His comments followed statements by a senior Salvation Army drug and
alcohol director that the movement had in the past been guilty of
taking a hard line on abstinence.

"We need to be very honest with our young people about the good side
of drugs and the bad side of drugs, and the fact is there are people
who use heroin and use it safely," Major David Brunt said at the
launch of the Salvos' first comprehensive report on its national drug
and alcohol services.

"If I'm talking to an 18-year-old about his drinking problem, I'm
wiser to be talking about controlled drinking.

"It is a major shift for the Salvation Army" but not one supported by
all members.

In a softening of his usual stance, Major Watters said the Army had
pursued a policy of harm minimisation for most of its history.

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

Moral Crusaders Must Be Ignored (A letter to the editor of the Canberra Times
says prohibition never works. All that making a drug illegal does is put
money into the hands of organised crime. The "war against drugs" does not
exist. It is a war waged by certain sections of Australian society to impose
their moral beliefs and drug of choice - alcohol - onto the rest of society.)

Date: Fri, 16 Apr 1999 00:19:29 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Australia: PUB LTE: Moral Crusaders Must Be Ignored
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Kenneth William Russell (kwr01@uow.edu.au)
Pubdate: Fri, 16 Apr 1999
Source: Canberra Times (Australia)
Contact: letters.editor@canberratimes.com.au
Website: http://www.canberratimes.com.au/
Author: Benn Barr, Braddon

MORAL CRUSADERS MUST BE IGNORED

Prohibition never works.

It did not work for alcohol and does not work for marijuana, heroin or any
other illegal substance.

All that making a drug illegal does is put money into the hands of organised
crime.

Education, regulation and taking drugs away from organised crime will not
stop people dying from heroin.

It has not stopped people dying from alcohol.

It may, however, radically reduce the number of deaths and the crime
involved with heroin abuse.

The "war against drugs" does not exist.

It is a war waged by certain sections of Australian society to impose their
moral beliefs and drug of choice (alcohol) onto the rest of society.

Only when the hysterical language of moral crusaders is eliminated from the
drug debate will a sane policy on drug use be possible in this country.

Benn Barr, Braddon

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

Treatment Demand Stretches Clinics (According to the Irish Examiner,
representatives of the Eastern Health Board, the main treatment provider in
Dublin, told the Dail Public Accounts Committee yesterday that at any one
time, 600 people are on waiting lists seeking treatment for heroin
addiction.)

Date: Mon, 19 Apr 1999 19:23:52 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Ireland: Treatment Demand Stretches Clinics
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Martin Cooke (mjc1947@cyberclub.iol.ie)
Pubdate: Fri, 16 Apr 1999
Source: Examiner, The (Ireland)
Copyright: Examiner Publications Ltd, 1999
Contact: exam_letters@examiner.ie
Website: http://www.examiner.ie/
Author: Jim Morahan

TREATMENT DEMAND STRETCHES CLINICS

DRUG treatment centres are being stretched to cope with the demand for
help by heroin addicts, the Dail Public Accounts Committee heard yesterday.

At any one time, 600 people are on waiting lists seeking treatment at
clinics run or funded by the Eastern Health Board, the main provider
in the greater Dublin area.

The board feels it will be possible to deal with most of the addicts
on current waiting lists when it has between seven and nine new
clinics up and running this year.

The quest for treatment is fuelled by garda success in curbing heroin
supply as well as the tighter controls of prescribing the methadone
substitute introduced last October.

Estimates based on 1996 data put the total number of opiate (heroin
based drug) addicts in the greater Dublin area at 13,460. There are
3,738 people being prescribed methadone.

The committee was told focus was being placed on providing
community-based treatment. Despite a public perception, local
objections to the placing of drug treatment clinics in a neighbourhood
is not a serious issue. The difficulty appeared to be in getting
suitable locations.

EHB chief executive officer Pat McLoughlin said the board was spending
over IEP17m in its drugs programme this year. Apart from increasing
the number of treatment centres, it was constantly seeking to expand
the numbers of GPs and pharmacies taking part in the co-operative
programme and was providing more beds for detoxification,
rehabilitation and stabilisation of addicts.

Earlier, Fr Sean Casson who was attached to Merchants Quay clinic in
Dublin, recalled that today's drug problem was the result of years of
neglect.

An allocation of IEP10m for the 13 local drug task forces in the
Dublin area was a drop in the ocean. Drug addiction came out of social
disadvantage and neglect. Margaret Hayes, secretary general,
Department of Tourism, Sport and Recreation - which has umbrella
responsibility for the drug task force spending - indicated that most
of the allocation would be taken up this year.

Mountjoy Jail governor John Lonergan told the committee it had not
been possible to ensure a totally drug-free prison. Chronic heroin
users would do anything to get the drug. He cited the case of a woman
visitor who had stuffed three sachets of heroin up her nose and had to
be taken to hospital as a result.

The drug problem was exacerbated by overcrowding in Mountjoy. Last
week it accommodated 770 prisoners, more than 300 above a comfortable
limit, making segregation difficult.

Mr Lonergan said they didn't have a personal development strategy to
plan for addicts on their release. "Some people are just released into
the cold light of night."

Deputy Pat Rabbitte (Lab) estimated that Mountjoy housed 500 heroin
drug addicts at any one time.

Supt Eddie Rock, Garda Drugs Squad, said there was a 50% increase last
year in the number of people caught dealing heroin on the street.

Young people, especially young females, were dealing - one-third of
the dealers were aged under 20 years.

Anna Quigley of CityWide -- the drugs crisis campaign organisation,
called for a holistic approach in dealing with drugs.

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

The Week Online with DRCNet, Issue No. 87 (The Drug Reform Coordination
Network's original online drug policy newsmagazine includes - HEA reform
campaign online petition launched; Conyers reintroduces racial profiling
legislation; Conyers introduces legislation to end federal
disenfranchisement; Unarmed boy shot in drug raid; California legislators
consider "three strikes" modification; Doctor's undertreatment of pain draws
penalty; Nevada legislature mulls marijuana decriminalization bill; Seminars
at the Lindesmith Center; and an editorial: Disparity dilemma)

Date: Fri, 16 Apr 1999 03:59:09 +0000
To: drc-natl@drcnet.org
From: DRCNet (drcnet@drcnet.org)
Subject: The Week Online with DRCNet, Issue #87
Sender: owner-drc-natl@drcnet.org

The Week Online with DRCNet, Issue #87 - April 16, 1999
A Publication of the Drug Reform Coordination Network

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This issue can be also be read on our web site at
http://www.drcnet.org/wol/087.html. Check out the DRCNN
weekly radio segment at http://www.drcnet.org/drcnn/.

NOTE: The DRCNet Online Library is back up, but the
registration has not yet propagated through all corners of
the Internet. Check http://www.druglibrary.org, and if it
still doesn't work by the weekend, ask your ISP's to check
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In the meantime, most of the material in the library can be
accessed at http://mir.drugtext.org/druglibrary/index.htm.

TABLE OF CONTENTS

1. HEA Reform Campaign Online Petition Launched
http://www.drcnet.org/wol/087.html#petition

2. Conyers Reintroduces Racial Profiling Legislation
http://www.drcnet.org/wol/087.html#profiling

3. Conyers Introduces Legislation to End Federal
Disenfranchisement
http://www.drcnet.org/wol/087.html#disenfranchisement

4. Unarmed Boy Shot in Drug Raid
http://www.drcnet.org/wol/087.html#shotinraid

5. California Legislators Consider "Three Strikes"
Modification
http://www.drcnet.org/wol/087.html#threestrikes

6. Doctor's Undertreatment of Pain Draws Penalty
http://www.drcnet.org/wol/087.html#undertreatment

7. Nevada Legislature Mulls Marijuana Decriminalization Bill
http://www.drcnet.org/wol/087.html#nevadadecrim

8. Seminars at the Lindesmith Center
http://www.drcnet.org/wol/087.html#seminars

9. EDITORIAL: Disparity Dilemma
http://www.drcnet.org/wol/087.html#editorial

***

1. HEA Reform Campaign Online Petition Launched

The Higher Education Act of 1998, signed into law in
October, includes a provision that delays or denies all
federal financial aid to any student or prospective student
for any drug law violation, no matter how minor. In the
wake of the new law, a nationwide campaign has been launched
to have it repealed. On March 10th, Rep. Barney Frank
introduced H.R. 1053, which would do just that.

The campaign has grown quickly, with national organizations,
including the ACLU, the NAACP, the United States Students'
Association and others adding their collective voice to the
efforts of students on more than 150 campuses in opposition
to the new law and support of its repeal.

This week, the campaign moved to a new level with the launch
of a web site, http://www.RaiseYourVoice.com, from which
concerned citizens can contact their legislators to urge
them to repeal the HEA provision. Within the first 24 hours
of the web site's launch, more than 1,000 people had already
done so.

Coalition members will be urging their members and
supporters to visit the site and to forward the URL to their
friends, families and colleagues so that they too can raise
their voices to let Congress know that foreclosing
educational opportunities is not a productive approach to
the problem of substance abuse.

To learn more about the HEA Reform Campaign on college
campuses, check out http://www.u-net.org. To contact your
legislators to urge their support for HEA Reform, go to
http://www.RaiseYourVoice.com.

(DRCNet has members from across the political spectrum, from
left-leaning progressives to libertarians who believe in
having the least government possible. DRCNet is strictly
devoted to drug policy, and doesn't take a position on the
larger question of government funding of social programs,
including financial aid. So long as the government is the
provider of financial aid, it is clear that no private
system will spring up to serve the needs of convicted drug
offenders. Hence, we oppose drug war discrimination within
social programs including the Higher Education Act, but
without taking a position on the public vs. private question
itself.)

***

2. Conyers Reintroduces Racial Profiling Legislation

Representative John Conyers (D-MI) yesterday reintroduced a
bill that would require the Justice Department to conduct a
study of racial profiling by acquiring data from law
enforcement agencies regarding the characteristics of
persons stopped for alleged traffic violations. "We must
stop the invidious practice of racial profiling; all
citizens, regardless of their race, should be free to travel
America's highways without undue harassment," said Conyers.
Representative Bob Menendez (D-NJ) and Senators Frank
Lautenberg (D-NJ) and Russell Feingold (D-WI) are
cosponsoring the legislation.

The limited data available indicate that the problem of
racial profiling in traffic stops is growing. For example,
a recent study by the Orlando Sentinel found that 70% of the
persons stopped on I-95 were African American, even though
African Americans make up less than 10% of the driver
population. A court-ordered study in Maryland found that
more than 70% of drivers stopped on I-95 were African
American, though they make up only 17.5% of drivers. Yet
another study, conducted in conjunction with a New Jersey
civil-rights lawsuit found minorities were nearly five times
as likely as non-minorities to be stopped for traffic
violations along that state's turnpike. Last week, the
American Civil Liberties Union of Illinois produced
statistical evidence of similar practices by a drug unit of
that state's highway patrol (see last week's issue at
http://www.drcnet.org/wol/086.html#nonwhite).

At a a press conference on Capitol Hill last Wednesday, Rep.
Menendez said, "It is not a crime in this country to be an
African American. It is not a crime to be a Latino. It is
not a crime for a Black or Hispanic American to own a luxury
car. But if you are a minority driver in my state on the
New Jersey Turnpike, you might actually think that it is."
Last month, New Jersey Governor Christine Todd Whitman fired
the state's highway patrol chief after he publicly commented
that Latinos are more likely to be involved in drug
trafficking.

Conyers said his bill will increase awareness about
profiling among law enforcement, and help determine if a
broader legislative response is called for. "If our
citizens are to trust our justice system it is imperative
that all forms of discrimination be eliminated from law
enforcement," he said. "The Traffic Stops Statistics Act of
1999 will help give Congress and Americans the tools to
assess and understand a dangerous form of such
discrimination -- racial profiling in traffic stops."

Text of all federal legislation can be found online at
http://thomas.loc.gov.

***

3. Conyers Introduces Legislation to End Federal
Disenfranchisement

(report provided by Rudy Cypser of CURE-NY, a chapter of
Citizens United for the Rehabilitation of Errants)

Rep. John Conyers (D-MI) introduced a bill this week that
would take the first step toward abolishing one of the last
remaining restrictions enacted nearly 100 years ago to deny
African Americans the right to vote: criminal
disenfranchisement laws.

Although the other tools of voter discrimination enacted
after the Civil War -- poll taxes, grandfather clauses and
literacy tests -- have long since been abolished, criminal
disenfranchisement laws continue to be used as a means of
denying African Americans access to the voting booth.

Statistics show that blacks are five times as likely as
whites to be disenfranchised under felony voter laws. In
fact, a recent report by The Sentencing Project and Human
Rights Watch estimated that "in states that disenfranchise
ex-felons, 40 percent of the next generation of black men is
likely to lose permanently the right to vote."

Currently 3.9 million Americans are disqualified from voting
because of an inconsistent patchwork of state laws that
disenfranchise citizens who have been convicted of a felony.
Experts believe that in seven states one in four black men
has permanently lost the right to vote. No other democratic
nation indefinitely disenfranchises as many people because
of felony convictions.

The Conyers bill, H.R. 906, would guarantee that all
citizens who have paid their debt to society and are no
longer incarcerated regain the right to vote in federal
elections, even if they are barred from voting in state
elections.

End arbitrary access to the voting booth! Contact your
representative. Or, send a FREE FAX to your representative
urging him or her to support H.R. 906 from the ACLU web site
at http://www.aclu.org/action/vote106.html.

***

4. Unarmed Boy Shot in Drug Raid

An unarmed fifteen year-old boy was shot from behind, just
below the hip on Tuesday (4/13) as police entered a Concord,
North Carolina home at approximately 5:00pm to search for
drugs. The boy, Thomas Edwards Jr., is a neighbor who was
visiting the home to play video games.

Edwards told reporters that he obeyed the officer's order to
get on his hands and knees, as did the other five children,
all aged 13-17, who were in the home. It was while he was
in that position, Edwards said, that he was shot just below
the hip by officer Lennie Rivera. The bullet traveled
straight through his buttock, and his injuries are not life-
threatening.

Edwards, a ninth grader at Concord High School, where he
plays varsity football, is at the house nearly every day,
playing video games with friends. The police search netted
small amounts of marijuana and cocaine, none of which,
apparently, belonged to any of the children.

The Charlotte Observer reported that Thomas Edwards Sr.
claimed that police told him the shooting was accidental.

Concord Chief of Police Robert E. Cansler told The Week
Online that he believes that as well. "The State Bureau of
Investigation is still investigating the case, but at this
point I can say that the shooting was most likely
accidental. Officer Rivera is 33 years old with a degree in
education. He's been with us for five years, and before
that he was a sergeant on the campus police force at
Gardner-Webb University. He likes kids, he relates well to
them. This has been a real tragedy for everyone involved.
Thankfully, the young man appears to be all right. He was
treated and released and we are told that he should recover
fully."

Chief Cansler continued, "Standard procedure in any case of
a shooting by an officer is that an SBI investigation is
required. At the time of the shooting, the officers who had
entered the house immediately secured the area, meaning that
they attended to the injured young man, got everyone out of
the house, including themselves, secured the perimeter of
the property, and waited for the SBI unit to show up to
commence with that. It wasn't until the SBI had made their
investigation of the scene that a new group of Concord
officers re-entered the house -- none of these officers was
a part of the group that went in originally -- and conducted
the search as indicated by the warrant."

What the officers found were small amounts of what appeared
to be cocaine and marijuana and packaging materials for what
police believe to be distribution.

As to the precautions that were taken to avoid a situation
where police unintentionally encounter a large number of
young people when entering a house to search for drugs,
Chief Cansler said that his officers had surveilled the home
"within an hour or two of their entry. At that time there
were no indications of a group of children present."

Rob Stewart of the Drug Policy Foundation told The Week
Online that the fact that the shooting was most likely an
accident argues forcefully for a rethinking of the Drug War.

"Under current policy, the police are put in an untenable
position," said Stewart. "They can take all precautions,
they can do their jobs well, but the very fact that they are
sent into people's homes to ferret out contraband, or
evidence of its trade, places the lives of citizens, and the
police themselves, at risk." Stewart added that even at
their most successful, such tactics have done little to
ameliorate the availability of drugs.

Among the residents of the house were Deborah Grissom-Scott,
who has a previous charge pending for distribution of
cocaine, and her two sons, 21 and 18 years-old, both of whom
have prior arrests for drug distribution charges on their
records.

The officers, who had a warrant to conduct the search,
entered the home and called out "Search warrant. Everybody
down on the floor," as is required under North Carolina law,
except in situations where such an announcement is nearly
certain to result in injury to an officer. "To tell you the
truth," Chief Cansler said, "I would require that of my
officers even if the law didn't."

Chief Cansler, a 27-year veteran of law enforcement and
immediate past-president of the North Carolina Association
of Chiefs of Police, is aware of the problems caused by an
over-reliance on law enforcement in dealing with the problem
of substance abuse.

"Drugs are a tremendous social problem," he said. "And
addressing that problem is going to take a profound social
change that will have to include a lot more than just the
criminal justice system."

***

5. California Legislators Consider "Three Strikes"
Modification
- Marc Brandl, brandl@drcnet.org

Five years ago, California voters passed an initiative
mandating that people convicted of three felonies be
incarcerated for 25 years to life. Other states soon
followed suit, and "Three Strikes You're Out" laws have made
headlines ever since with stories of people getting locked
up for years for petty larceny and other minor felonies.
Advocates of the law point to a dramatic decline in crimes
as proof of its success. But recently, some studies have
concluded that the law doesn't lower violent crime but
merely incarcerates large numbers of non-violent drug
offenders and petty criminals at great cost to the
taxpayers. This is one reason why California state Senator
Tom Hayden (D-Los Angeles) is sponsoring S.B. 79, a bill
that would require the "third strike" to be a violent
offense. "Three Strikes was passed with the promise of
ridding communities of violent criminals," said Rocky
Rushing, Hayden's Chief of Staff. "But it has cast a much
wider net, entrapping addicts and petty thieves at $25,000
per year per prisoner, when often drug rehabilitation or a
shorter sentence would suffice."

Hayden's bill was recently approved by the Senate's Public
Safety Committee. But because the Three Strikes law was
passed by a referendum, it will take a two-thirds majority
in both chambers of the legislature in order to modify it --
a tough task, even in a heavily Democratic legislature.
"There are a lot of Democrats who support Three Strikes who
would oppose any scaling back at this point," said Rand
Martin, Chief of Staff for Marin County Senator John
Vasconcellos, who supports the bill. "It's still a hot
potato."

Vasconcellos, also known for his support of medical
marijuana, is proposing a state-sponsored study of the
effects of Three Strikes. "Other studies have not been
comprehensive enough to convince the California legislature
or public to make substantive changes to three strikes,"
said Martin. "The more we can cast a light on how many
pizza thieves are being sent to prison for twenty-five years
to life, the more dismay there will be in the public eye.
We're building a better atmosphere for change."

If Hayden's bill passes the legislature, it may be vetoed by
newly elected Democratic Governor Gray Davis. During his
campaign, Davis indicated he would be uneasy about changing
the law. His campaign also received endorsements and
contributions from the California Correctional Peace
Officers Association, a group that strongly supports Three
Strikes and has a powerful presence in the state capital.
Geri Silva, a spokeswoman for Families for Amending
California's Three Strikes (FACTS) said strong bi-partisan
support will be the key. If the bill makes it as far as
Davis' desk, she said, "it would be odd for him to veto it."

For more information about Three Strikes, check out the
FACTS web site at http://www.facts1.com.

***

6. Doctor's Undertreatment of Pain Draws Penalty

One of the worst consequences of the "war on drugs" is a
national epidemic of untreated and undertreated severe
chronic pain. Many patients in severe pain require opioids
(narcotics) to obtain adequate relief and be able to
function. The same substances are also used and abused non-
medically, and powerful regulatory and enforcement agencies,
who tend to favor limited opioid prescription, monitor
physician prescribing practices very closely. Many
physicians, including the nation's leading pain control
experts, consider the boards' and enforcers' prescription
quantity standards to be unrealistically low. Compounding
the problem is that most doctors do not receive training in
pain management during medical school. (See our discussion
of this issue at http://www.stopthedrugwar.org/pain.html.)

In an unusual, perhaps unprecedented move, the Oregon Board
of Medical Examiners has taken disciplinary action against a
physician for undertreating pain, according to the Oregonian
last month (3/27). Dr. Paul A. Bilder, a 54-year old
pulmonary disease specialist, has been accused by the Board
of failing to give seriously ill or dying patients adequate
pain medication.

Some of the same physicians who have challenged the system's
obstacles to adequate treatment of pain, are encouraged by
the increasing awareness and understanding of pain treatment
issues, but have expressed concern that a disciplinary
approach to undertreatment may backfire.

Dr. William Hurwitz, whose battle with the Virginia Board of
Medicine over pain treatment was featured on Sixty Minutes
in 1996 (http://www.drcnet.org/guide10-96/pain.html), told
the Week Online, "Although it sounds like the doctor was
indifferent to his patients' pain, anxiety, and misery, I
don't think that the best way to deal with this is through
disciplinary action by Boards of Medicine. There are
probably rational and defensible grounds that might
plausibly justify the doctor's treatment. Disciplinary
actions are always undertaken with the benefit of hindsight,
and here, in the context of shifting standards of care."

"It is fundamentally unfair to hold the doctor to a standard
that was certainly not the community standard from 1993-
1998," Hurwitz continued. "By increasing the risk to
doctors of treating pain patients, whether it be for charges
of overprescribing or undertreatment, it will simply make it
harder to find doctors willing to treat these patients at
all."

Dr. Harvey Rose, a California physician who successfully
defended his pain treatment approach against the California
Board, spearheaded legislation in that state to protect
patients' rights to pain treatment, and was also involved in
passing similar legislation in Oregon. Dr. Rose commented,
"To see the Oregon board go after somebody for
underprescribing now is a mind-blower."

An Oregon state task force, created by the legislature in
1997, found that the Oregon Board of Medical Examiners' had
a history of aggressively pursuing physicians for
prescribing narcotics, constituting a significant regulatory
barrier to good chronic pain care, according to the American
Medical Newspaper last January.

"I think [Dr. Bilder] refused [to provide narcotics], not
because he's a mean guy, I'm sure he's not," Dr. Rose said.
But he's afraid to give narcotics. If he gave narcotics to
these people, and if he pushed them over and they died or
something, he'd get blamed for it. See, there is no law
against underprescribing, but there are laws against
excessive prescribing. I think what should be done with him
would be an educational type discipline, where you make him
take some continuing medical educational courses in pain
management."

The Week Online asked Dr. Rose about the impact of the DEA
on pain treatment: "The DEA claims that whenever they go
after a doctor, it's been reviewed by a doctor. But who
does the DEA choose to review the cases? Ultra-
conservative, anti-narcotic type doctors. You choose who
you want, you get the opinion that you want. They could
choose a doctor who was a little more compassionate, a
little more liberal in prescribing, but then they wouldn't
get the result that they want. They couldn't go after the
doctor. The war on drugs has created a climate now where
it's become a war on patients and doctors. The war on drugs
is the root of all evil. That's what's created this whole
business of undertreatment of pain, and it's crazy."

A New Jersey report by the Commission for the Study of Pain
Management Policy, chaired by state Assemblywoman Charlotte
Vandervalk (R-Westwood), found that patients often could not
get appropriate pain relief, even though it was medically
possible to provide it, and made recommendations for making
pain medication more available.

Vandervalk wrote in an editorial in the April 2 issue of the
Bergen Record, "We heard a lot about fear. Physicians
feared trouble with law enforcement for prescribing large
doses of controlled substances, especially if they have a
practice with a heavy caseload of patients with intractable
pain. Pharmacists were also afraid of losing their licenses
for filling prescriptions for high doses of painkillers.
Patients feared that their supply of medicine would run out,
so they cut back and did not take the optimal dosage. Some
patients feared that they would be considered weak or
troublesome if they complained about their pain."

Vandervalk concluded, "Government must do all that it can to
eliminate obstacles, so that the best medical care becomes
easier to give and receive. Science has shown us how to
eliminate pain. The need for action is clear. We would be
barbaric if we did not go forward with these
recommendations."

***

7. Nevada Legislature Mulls Marijuana Decriminalization Bill
- Marc Brandl, brandl@drcnet.org

In the land of legal prostitution and gambling, people
arrested for small quantities of marijuana are often shocked
to learn they will be charged with a felony and face jail
time. A bill in the Nevada legislature would lessen those
penalties. If A.B. 577 becomes law, first time offenders
caught with less than an ounce of marijuana will face a fine
of no more than $500 dollars. Repeat offenders would be
fined as much as $1000 dollars and pay additional fees
levied by the local county to cover the cost of a referral
to a drug court or rehabilitation program.

According to Assemblywoman Chris Guinchigliani (D-Las
Vegas), the bill's sponsor, a change in the law is necessary
because "the war on drugs, especially in the area of
marijuana, hasn't worked." She said the resources needed to
prosecute low level drug offenders should be put to better
use. "My real motivation for this is to try to get some
additional revenue for rehabilitation," she said. "I think
that should be our focus, especially when it's an ounce or
less of marijuana. We need to stop putting people in prison
for an alcohol or drug problem -- we are destroying too many
lives."

As of press time, the bill is being considered on the
Assembly floor after receiving bi-partisan approval from the
judiciary committee last week. The Nevada Assembly has a
large Democratic majority, but the bill may not get a warm
welcome in the state Senate. "The Senate has a vocal
conservative majority," said Dan Geary, a Carson City
lobbyist. "Nevada is very much a law and order state."
But, he added, "I think the legislature may be surprised to
find widespread support for making the possession of
marijuana a misdemeanor, while remaining very much in favor
of stronger penalties for sellers."

The text of the bill can be found online at
http://www.leg.state.nv.us/70th/bills/AB/AB577.html.

***

8. Seminars at the Lindesmith Center

The Lindesmith Center, a drug policy think tank, held its
100th seminar this February, and continues the program at
this spring. Seminar listings are updated on the TLC web
site at http://www.lindesmith.org, which also includes
a substantial online library.

On the east coast: Seminars are held at the Open Society
Institute, 400 West 59th Street (between 9th and 10th
Avenues), 3rd Floor, New York, NY. All are welcome, but
seating is limited. Call The Lindesmith Center at (212)
548-0695 or e-mail lbeniquez@sorosny.org to reserve a place.

Thursday, April 29th, 4-6pm
Pain and Addiction: Which Part of the Elephant Are You
Touching?

Co-sponsored with the Project on Death in America of the
Open Society Institute. Sidney H. Schnoll, MD, PhD,
professor of internal medicine and psychiatry, Medical
College of Virginia, Virginia Commonwealth University,
examines the undertreatment of pain by physicians. Schnoll,
chairman, Division of Addiction Medicine, presents
recommendations for prescribing opioid pain medication
intended to overcome fears of addiction, invasive regulatory
oversight and risks of medication abuse.

Monday, May 10th, 4-6pm
The Evolution of Drug Markets in New York City

Richard Curtis, PhD, professor of anthropology, John Jay
College of Criminal Justice, and J. Travis Wendel, JD, PhD
candidate, adjunct professor, John Jay College of Criminal
Justice, analyze drug distribution in the Lower East Side of
Manhattan and the Bushwick and Williamsburg sections of
Brooklyn. Curtis and Wendel, ethnographers for "Heroin in
the 21st Century," funded by the National Institute on Drug
Abuse, and "Lower East Side Trafficking," funded by the
National Institute of Justice, examine the evolution of
multi-drug markets and their interaction with local
communities.

Thursday, May 27th, 4-6pm
Preventing and Managing Binge Drinking in College Students:
A Harm-Reduction Approach

G. Alan Marlatt, PhD, professor of psychology and director,
Addictive Behaviors Research Center, University of
Washington in Seattle, analyzes trends in alcohol
consumption among college students, based on research funded
by the National Institute of Alcohol Abuse and Alcoholism.
Marlatt, editor of Harm Reduction: Pragmatic Strategies for
Managing High Risk Behaviors (Guilford Press, 1998), offers
techniques for managing and preventing alcohol-related
harms.

Tuesday, June 8th, 4-6pm
Coca Leaf: Sacrament and Scapegoat

Carolina Salguero, photographer, and Anthony Henman, author
of Mama Coca (1978), examine the use of coca in the Andes.
Salguero, grantee of the Fund for Investigative Journalism,
presents a slide show focusing on the role of coca in the
daily lives of campesinos in Apurimac Valley, Peru. Henman,
former professor of anthropology, University of Sao Paolo /
Campinas, Brazil, analyzes the role of coca in Andean
culture.

Wednesday, June 23rd, 4-6pm
Exchange, Distribution or Sale? Strategies for Syringe
Availability

Donald Grove, director of development, Harm Reduction
Coalition and Moving Equipment, Robert Heimer, PhD,
associate professor of epidemiology and public health, Yale
University School of Medicine, and Beth Weinstein, MPH,
director, Bureau of Community Health AIDS Program,
Connecticut Department of Public Health, examine strategies
for sterile syringe availability.

On the west coast: TLC-West forum and conference locations
vary. Call (415) 921-4987 or e-mail eldredge10@aol.com for
information, to reserve a space, or to sign up for the TLC-
West mailing list.

Thursday, April 29, 5-7pm

Heroin Overdose Prevention
Held at the San Francisco Medical Society, 1409 Sutter (at
Franklin) Heroin Overdose Prevention. With: Karl Sporer,
MD, Assistant Clinical Professor, UCSF School of Medicine,
Attending Physician, San Francisco General Hospital
Emergency Services; Dan Bigg, Director, Chicago Recovery
Alliance; and Reda Sobky, MD, Medical Director of HAART,
Fort Help and Castro Valley Methadone Clinics, San
Francisco.

Monday, May 3, 8:30am-5pm, and Tuesday, May 4, 9am-5pm
Bridging the Gap: Integrating Traditional Substance Abuse
and Harm Reduction Services

Held at the Radisson Miyako Hotel, 1625 Post Street (at
Geary), San Francisco. An educational workshop for members
of the San Francisco provider community. Presented by the
San Francisco Department of Public Health, The Lindesmith
Center, and the Harm Reduction Training Institute, with
additional funding from SAMSA and DPF. Speakers include:
Wesley Clark, Director of San Francisco Community Substance
Abuse Services (CSAS); Alan Marlatt, University of \
Washington; Patt Denning, Addiction Treatment Alternatives,
SF; and Rubin Medina, Executive Director, Promesa, NY.
Attendees must be pre-registered. For information, call
Bill Lapp at 4(15) 255-3522.

Conferences

Thursday, October 29, all day
New Directions in Drug Education

Held at the Golden Gate Club, Presidio of San Francisco,
featuring educators, researchers, students and parents. For
information, contact TLC-West at (415) 921-4987.

***

9. EDITORIAL: Disparity Dilemma

David Borden, Executive Director, borden@drcnet.org

[Adam's editorials will be back next week. Because of the
surging debate on mandatory minimum sentences, including the
disparity between crack and powder cocaine sentences
(Charles Rangel's bill, for example, discussed in issue #83
at http://www.drcnet.org/wol/083.html#rangel, and more
sweeping legislation soon to come), we've decided to reprint
this editorial by David Borden, from the August 1997 issue
of The Activist Guide.]

Over the past few years, the question of crack vs. powder
cocaine sentencing has become a symbol of racial inequity in
the U.S. criminal justice system. The controversy is that
under federal sentencing law, a defendant convicted of
possession of 5 grams of crack receives a mandatory minimum
sentence of 5 years, while 500 grams of powder cocaine are
required to trigger the same mandatory minimum. Last year
(1996), the U.S. Sentencing Commission decided that the 5-
year threshold for crack should be raised to 500 grams,
matching that of powder. For the first time ever, the
Commission's recommendations were overturned by Congress.
Earlier this year (1997), the Commission came back with an
alternative recommendation, raising the crack threshold to
25 grams and lowering powder's to 250.

Though use of crack cocaine in the white community is not
uncommon, most arrests, and virtually all federal
prosecutions of crack defendants, are of blacks, and powder
cocaine enforcement is racially discriminatory as well.
Mainstream leaders, including members of the Congressional
Black Caucus, have openly denounced the situation, both
current and proposed, as racist. Of all current drug policy
reform proposals, this one small change may have more
public, activist, and official support than any other. It
seems like it should be easy. So why are we losing?

It may be that the focus on this one discriminatory
sentencing policy is misdirected. Heinous as it is, the 5
gram-5 year mandatory minimum is only the tip of the iceberg
of a much larger problem. A 1995 study by The Sentencing
Project found that nearly 1 in 3 African American men
between the ages of 20 and 29 were under some form of
correctional supervision -- prison, jail, probation or
parole -- on any given day, meaning the percentage who
undergo correctional control at some time is larger.
Astonishing percentages of young black men in our major
cities enter prison at some time during their lives. Though
data on the number of them incarcerated for drug offenses
are unavailable, the Sentencing Project blamed the dramatic
increase in incarceration of the last 15 years on drug
policies. While the debate focuses on grams and ratios,
opponents of sentencing reform can minimize the problem by
pointing to the relatively small numbers of people sentenced
under this one federal law, distracting attention from the
larger numbers of persons incarcerated, 90 percent at the
state level.

And sadly, many Americans today are willing to sacrifice
fairness for the sake of "stamping out drugs" or whatever
they think is being accomplished. So long as they believe
that tough drug enforcement and mandatory minimum sentences
are effective approaches to the drug problem, they will set
aside concerns of justice, whether they agree with them or
not. Indeed, they may think it unfair to not punish inner-
city offenders more harshly, given the more severe impact
that substance abuse and related problems have in that
environment.

Yet their belief is misguided. An officer during the
Vietnam War once explained that he had destroyed a village
in order to "liberate" it. Today's drug warriors are much
like this officer, trying to "save" the inner cities by
removing huge numbers of young blacks to prisons for long
periods of time. As contracting of prison labor by private
industry becomes widespread, many of these men, and a
growing number of women, are put to work for compensation
that might colloquially be termed "slave wages." Meanwhile,
the drug industry out on the streets replaces their lost
workers with new young men and women, who can then be sent
to prison, etc., etc. Result: bigger prisons, no reduction
in the availability of drugs.

We as reformers need to keep the focus on the big picture,
dealing with important partial issues like the sentencing
disparity but framing them in terms of the larger context.

***

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