Portland NORML News - Friday, May 7, 1999
-------------------------------------------------------------------

HJM 10 Update (A bulletin from supporters of the Oregon Medical Marijuana Act
says the resolution before the Oregon legislature calling on Congress to
re-evalute its stance on medical marijuana failed 26-33 in the House of
Representatives on Friday, but will be reconsidered Monday morning. Oregon
residents are asked to contact a select list of legislators this weekend or
first thing Monday morning, urging them to change their position. Plus
contact information and links to previous news items on HJM 10.)

From: "Rick Bayer" (ricbayer@home.com)
To: "Rick Bayer" (ricbayer@home.com)
Subject: FW: HJM10--Update
Date: Fri, 7 May 1999 16:23:24 -0700

Amy Klare is one of our OMMA supporting lobbyists in Salem. Please read
this and act soon. Thank you.

Rick Bayer, MD
Portland

***

-----Original Message-----
From: amyklare@ix.netcom.com [mailto:amyklare@ix.netcom.com]
Sent: Friday, May 07, 1999 8:49 AM
Subject: HJM10--Update

Hi All--The Oregon House took up HJM10--calling on Congress to
re-evalute its current potition on medical marijuana. As you know this
started out as rescheduling memorial--but the message is essentially the
same in the amended version.

The vote on the House floor was 26 ayes; 33 nays--with carrier Rep.
Bowman, changing her vote from "aye" to "nay" to serve possible notice
of reconsideration. The bill will be up for reconsideration Monday
morning--so we have a lot of work to accomplish over the weekend.

* Although the vote was largely along party lines (we have 35 R's and
25 D's), there were several cross-over votes by each party. They are:

Democrats voting "Nay."

1. Richard Devlin (Tualatin)
2. Randall Edwards (Portland)
3. Al King (Springfield)
4. Mike Lehman (Coos Bay)
5. Kurt Schader (Canby)
6. Terry Thompson (Newport)

Thompson approached me after the vote, and said that he would like to
talk further about the bill. He said he could be persuaded to vote "yes"
and he thought we could win this with a little more work. He's a talker,
but it's worth a try...

Republicans who voted "Aye"

1. Jim Hill (Hillsboro)
2. Tim Knopp (Bend)
3. Jerry Krummel(Wilsonville)
4. Jeff Kruse (Klamath Falls)
5. Kevin Mannix (Salem)
6. Lane Shettely (Dallas)
7. Bruce Starr (Aloha)

Rep Bob Jenson--an independent, also voted "aye."

We need just four votes to turn this around. I encourage EVERYONE to
call all of the Democrats who voted against this bill--and urge their
support. You can call the toll-free line at 1-800-332-2313 and leave
messages for any representatives over the weekend. This must happen over
the weekend--because the bill will be reconsidered on Monday in the
morning.

If there are any more patients or physicians who are willing to draft
letters of support they are needed ASAP. You can send them via-e-mail as
a microsoft word attachment to Rep. Bowman--bowman.rep@state.or.us.

Folks who need help with talking points can reach me via
e-mail--amyklare@ix.netcom.com--or by phone--503-580-3641.

Thanks, Amy

PS. Please forward this to anyone I may have missed.

***

Previous items on HJM 10:

* Urgent! HJM 10 Update (May 5 - A Portland NORML activist forwards a request
that advocates for medical marijuana patients contact Oregon state
legislators now and urge them to support the resolution asking Congress to
reschedule marijuana. Includes legislators' contact information.)

* Rescheduling marijuana resolution HJM 10 (April 29 - A list subscriber says
the resolution before the Oregon legislature calling on Congress to make
marijuana available to physicians and patients was approved by a 4-3
committee vote this morning.)

* "Marijuana is Medicine" Rally April 30th in Salem (April 24 - Stormy Ray, a
multiple sclerosis patient and chief petitioner for the voter-approved Oregon
Medical Marijuana Act, urges advocates for medical marijuana patients to help
solve the supply problem by lobbying legislators and showing up Friday at the
capitol to support House Joint Memorial 10, a resolution introduced by state
representative Jo Ann Bowman that would ask Congress to reschedule marijuana.
Plus the current text of HJM 10, and addresses for a short list of key
legislators.)

* Can you help? (April 24 - A list subscriber summarizes Friday's 10-minute
Oregon legislative hearing on HJM 10, and also asks you to lobby
lawmakers. The chair of the committee, Rep. Mannix, indicated the
rescheduling resolution would stand a better chance of passing out of
committee if the wording was based from the standpoint that OMMA is the law
and that marijuana in Schedule I is federal interference with Oregon Law.
With amendments, the resolution may get a hearing before an April 30
deadline.)

* HJM 10, the Oregon Medical Marijuana Rescheduling Memorial (April 19 - A
list subscriber says the resolution before the state house of representatives
asking Congress to reschedule marijuana to make it available as medicine will
receive a "tap-tap" hearing this week to keep it alive.)
-------------------------------------------------------------------

Marijuana law is proving to be a pain (The Oregonian says more than 250
people have telephoned the Oregon Health Division's Medical Marijuana
Program since it officially opened for business on Monday. People in Oregon
with serious and debilitating illnesses who would like to take advantage of
the Oregon Medical Marijuana Act are finding it difficult to obtain
physicians' recommendations - or the herb itself. "Some are people who
thought they'd never get involved with this - law enforcement and corrections
officers and people who have been in the military," said Kelly Paige, who
manages the program. Patients at the Portland Veterans Affairs Medical Center
face a special barrier. Because the federal government views marijuana as an
illegal drug, doctors there can't approve its use.)

Pubdate: Fri, May 7 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: Patrick O'Neill, The Oregonian staff

Marijuana law is proving to be a pain

* Sufferers who want to try Oregon's new program find it hard to get a
doctor's approval or the drug

Lil Dunham will try just about anything to make the pain go away.

During the past few years, the discs that cushion the bones in her spine
have collapsed. Now those bones feel as though they're scraping each other.
And the pain is excruciating.

Dunham says neither her primary physician nor a pain specialist has been
able to bring her much comfort.

"My life is just kind of miserable," she said.

Dunham, who loves to garden, hasn't been able to get out of her tidy mobile
home much in the past three years.

The 80-year-old Newberg woman said she's even ready to try smoking
marijuana if that would help. After all, a new Oregon law allows her to use
the drug.

But she's run into two big problems:

* She can't find a doctor who'll approve marijuana as a treatment. The law
requires a doctor's permission for a patient to join the program.

* She doesn't have any idea where to get marijuana.

Those two difficulties are proving to be a brick wall for many Oregonians
who would like to join the state's medical marijuana program. Dunham is one
of more than 250 people who have telephoned the Oregon Health Division's
Medical Marijuana Program since it officially opened for business on Monday.

Kelly Paige, who manages the program, is stunned by the volume of calls.
"It takes me two hours every day just to collect the voice-mail messages,"
she said.

Paige said Dunham's complaints are common to many.

"Some people are having difficulty finding a physician to work with," she
said. "Some ask, 'Where do I get the seeds to start growing marijuana?'"

Paige's hands are tied. Her office doesn't keep a list of doctors who would
authorize marijuana for patients. And as for finding the marijuana, patients
are on their own.

Under Oregon law, medicinal marijuana users face a kind of Catch-22. On one
hand, state law permits people who have debilitating medical conditions to
use marijuana. On the other, it bans the sale of marijuana.

Supporters of the medicinal marijuana law have said they expect that people
who previously used marijuana illegally will give plants to patients free
of charge.

But Dunham, who's smoked cigarettes, says she's never used marijuana before
and doesn't know anybody who does - either legally or illegally.

New guidelines may help Dr. Rick Bayer, a physician who was a principal
sponsor of the medical marijuana act, said he thinks doctors will become
more willing to participate when they learn about the guidelines issued by
the Oregon Medical Association.

The association published guidelines in late April outlining ways that
doctors can help patients participate in the law without running afoul of
federal drug regulations.

Bayer also expects that it will become easier in the future for patients to
obtain marijuana by joining support groups for cancer and pain.

Jim Kronenberg, associate executive director of the OMA, said even doctors
who think marijuana might be beneficial will be cautious in recommending
its use. While using medicinal marijuana is legal under Oregon law, it's
still illegal under federal law. And the federal government, through the
Drug Enforcement Administration, regulates doctors' prescription privileges.

Doctors can't prescribe it

Under the new law, doctors don't prescribe marijuana. They only note on a
patient's chart that marijuana might help the symptoms.

Patients like Dunham are left to fend for themselves. And while Paige is
sympathetic, she can't help.

"Your heart goes out to them," Paige said. "They've been on every
painkiller there is, and none of them work."

Callers who leave their names and addresses on Paige's answering machine
will receive an application packet with a copy of the medical marijuana
act, the Health Division's rules, application forms and the guidelines for
filling them out.

Callers are from all walks of life, Paige said. "Some people are still able
to work, some are disabled completely. Some are people who thought they'd
never get involved with this (marijuana) -- law enforcement and corrections
officers and people who have been in the military."

Patients at the Portland Veterans Affairs Medical Center face a special
barrier. Because the federal government views marijuana as an illegal drug,
doctors there can't approve its use.

Meanwhile, Dunham questions the hurdles put up by the law.

"It's not fair," Dunham said. "I want it for pain. I don't want it for
enjoyment like the young people do. Doctors are so fussy about your getting
addicted. And so what if I did, at 80 years old?"
-------------------------------------------------------------------

Finally, county OKs purchase of land for jail (The Oregonian says the
Multnomah County Board of Commissioners unanimously approved purchasing a
27-acre chunk of land along North Portland's Bybee Lake for the site of a new
$55 million jail and alcohol/drug treatment center. The facility will include
225 jail beds and a 300-bed alcohol and drug treatment center, each with a
different staff and programs.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, May 07 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

Finally, county OKs purchase of land for jail

* Nearly 3 years after voters approved the new lockup and treatment center,
the Bybee Lake project is about to start

It took two years, 11 months and a few days, but they finally did it.

On Thursday, the Multnomah County Board of Commissioners unanimously
approved purchasing a 27-acre chunk of land along North Portland's Bybee
Lake for the site of a new jail and alcohol/drug treatment center.

The county will build a complex that has 225 jail beds on one side and a
300-bed alcohol and drug treatment center on the other.

"This has been an extremely lengthy siting process," Commissioner Lisa Naito
said. "But I truly believe that this resolution is where we need to go."

The jail and treatment facility will operate separately with different
staffs and programs. The jail will hold offenders who are serving sentences,
while the treatment center will house people who volunteer to go through the
intensive treatment program.

That program -- to be run by the county's Adult Community Justice Department
-- will last from 90 to 180 days and includes addiction therapy, group
counseling and relapse therapy.

Sheriff Dan Noelle will be responsible for perimeter security of the
complex, while Justice staff will coordinate security for their program inside.

Voters passed a $55 million general obligation bond in May 1996 to build a
jail and also to place 150 treatment beds in the community. The board's
decision Thursday gives Noelle permission to buy the land from the Port of
Portland and attain conditional-use permits to begin construction.

The Port wants to sell the land to the county for $5.5 million. Noelle said
construction will not begin for at least six months.

Getting to this point, though, hasn't been easy for the county.

The county settled on the Bybee Lake site, and Port officials offered to
sell the land.

At the same time, a dispute over control of the facility boiled over between
Noelle and board Chairwoman Beverly Stein.

Noelle wanted assurances that the treatment program would not have a
transitional program that would allow participants to move in and out of the
facility.

The board became fractured with Stein and Commissioners Diane Linn and
Sharron Kelley pushing for siting the treatment beds around the county.

Naito and Commissioner Serena Cruz backed Noelle.

It wasn't until Naito and Cruz asked for Multnomah County District Attorney
Mike Schrunk and Chief Criminal Judge Julie Franz to help solve the problem
that the board got back on track.

When asked if his relationship with Stein could be repaired, Noelle said:
"The board now has some people like Commissioners Cruz and Naito who can
think for themselves and make decisions. My relationship with the board is
going to be fine."

You can reach David Austin at 221-5383 or by e-mail at
davidaustin@news.oregonian.com.
-------------------------------------------------------------------

Put money in schools, not jails (A seventh-grader's letter to the editor of
the Oregonian wonders why state lawmakers want to build more jails for those
kids who drop out of school and become criminals, but they don't give enough
money to schools so that teachers can do more things to keep kids in school.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, May 07 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: Caitlin Keys, Hillsboro (a suburb west of Portland)

Put money in schools, not jails

I am a seventh-grade student at Evergreen Middle School in Hillsboro. My
reading class was discussing the small amount of money that the Oregon
Legislature gives to public schools.

I don't understand why legislators give so much money to build more jails
when they know that people without educations are more likely to be in jail
later on in their lives.

One thing that I don't understand is why they want to build more jails for
those kids who drop out of school and become criminals, yet they don't give
enough money to schools so that teachers can do different things to keep
kids in school.

In order to keep students in school, schools need more money for the arts
and other classes -- classes where they could learn the things that they
want to learn more about. Kids in my school who are in band can't take other
classes such as home economics, shop, art or drama.

My point is that the Legislature does not give schools enough money to pay
for more teachers to teach more classes, so students can learn more things.
-------------------------------------------------------------------

Oregon spent $920 million on gambling in '98 (The Associated Press says a
study conducted by Robert Whelan, a senior economist with ECONorthwest in
Portland, shows gambling in Oregon has increased 24 percent from four years
ago. Bill Eadington, professor of economics and director of the Institute for
the Study of Gambling and Commercial Gaming at the University of Nevada in
Reno, says he puts Oregon second only to his home state for availability and
accessibility to gambling. At $282 per capita, nearly as much was spent on
gambling as was spent on fishing, boating, rafting, floating and windsurfing
combined. For some unspecified reason, Whelan said the state's infatuation
with gambling was leveling off.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, May 07 1999
Source: The Associated Press (OR)
Copyright: 1999 The Associated Press
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: no byline

Oregon spent $920 million on gambling in '98

PORTLAND, Ore. (AP) -- More than $920 million was spent gambling in Oregon
in 1998, a 24 percent increase from four years ago, according to a new
study. But one economist said the state's infatuation with gambling is
leveling off.

The study found that nearly as much was spent on gambling as was spent on
fishing, boating, rafting, floating and windsurfing combined.

The spending on gambling was $282 per capita last year, or 1.13 percent of
personal income. In 1995 when the tribal casino boom began, residents per
capita spent $223, or 1.03 percent of income, for a total of $699.2 million.

"It's a new record, but future growth is going to be much less," said Robert
Whelan, senior economist with ECONorthwest in Portland who has conducted
studies for both the Oregon State Lottery and tribal casinos.

Forty-one percent more of personal income was spent on gambling than
elsewhere in the country. National studies have found that people spend
about 0.8 percent of personal income on gambling, Whelan said. Only Nevada
beat Oregon for amount spent. Many states, on the other hand, have little or
no legal gambling.

According to Whelan and other experts, Oregonians spend more because they
have so many more gambling opportunities than most states. Oregonians can
bet legally on dogs and horses, play a wide variety of charity games, play
lottery games, visit eight tribal casinos spread out around the state or
head to 1,834 local bars and restaurants to play the lottery's 8,826 video
poker machines.

Bill Eadington, professor of economics and director of the Institute for the
Study of Gambling and Commercial Gaming at the University of Nevada in Reno,
says he puts Oregon second only to his home state for availability and
accessibility to gambling.

"If you rank states, Nevada ranks first, then Oregon comes in second, and
third would be places like South Dakota and Mississippi," Eadington told The
Oregonian.

While the Oregon State Lottery has continued to grow, thanks to video poker,
Oregonians tripled their spending at tribal casinos. At the start of 1995,
there was just one permanent tribal casino. By the end of 1995, others had
opened and Oregonians spent an estimated $70.5 million in tribal casinos.
Last year, they spent $224.6 million.

Still, Oregonians spend much more on the lottery than in casinos. They spent
$488 million on the lottery, or 53 percent of total gambling, while Oregon
casinos captured an estimated 24.4 percent of Oregonians' gambling dollars
last year.
-------------------------------------------------------------------

Oregonians rank as high-rollers (The Oregonian version quotes Whelan saying
the amount Oregon residents spend on gambling has leveled off in the past
year, suggesting future increases will be limited.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, May 07 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: Courtenay Thompson, the Oregonian

Oregonians rank as high-rollers

* Residents spend a record $920.1 million on gambling last year, but future
growth in gaming is expected to be slow

Oregonians spent a record $920.1 million on gambling in 1998, nearly as much
as they spent on fishing, boating, rafting, floating and windsurfing
combined, according to a new study.

That's up from $699.2 million in 1995, but the amount has leveled off in the
past year, according to Robert Whelan, senior economist with ECONorthwest in
Portland.

"It's a new record, but future growth is going to be much less," said
Whelan, who has conducted studies for both the Oregon State Lottery and
tribal casinos.

The study found that per capita Oregonians spent $282 last year on gambling,
or 1.13 percent of personal income. In 1995, residents per capita spent
$223, or 1.03 percent of income, on gambling.

That means that per capita, Oregonians spent 41 percent more of personal
income on gambling than elsewhere in the country. National studies have
found that people spend about 0.8 percent of personal income on gambling,
Whelan said. But some states, such as Nevada, spend more, while in other
states there is little or no legal gambling.

Oregonians spend more, he and other gambling experts said, because there's
more opportunity to roll the dice or hit the slot or video poker machine here.

"Some states don't have casinos," said Whelan, who has been studying the
gambling market in Oregon during the 1990s and did the recent study to
update his numbers. "Some don't have racing, some don't have lotteries."

Oregon has nearly everything.

Oregonians can bet legally on dogs and horses, play a wide variety of
charity games, play lottery games, visit eight tribal casinos spread out
around the state or head to 1,834 local bars and restaurants to play the
lottery's 8,826 video poker machines.

Bill Eadington, professor of economics and director of the Institute for the
Study of Gambling and Commercial Gaming at the University of Nevada in Reno,
says he puts Oregon second only to his home state for availability and
accessibility to gambling.

"If you rank states, Nevada ranks first, then Oregon comes in second, and
third would be places like South Dakota and Mississippi," Eadington said.

The study also found that spending by Oregonians on gambling is up overall
by nearly $221 million -- or about 30 percent since 1995, when the boom in
the number of tribally owned casinos began.

And while the Oregon State Lottery has continued to grow, thanks to video
poker, Oregonians tripled their spending at tribal casinos. At the start of
1995, there was just one permanent tribal casino. By the end of 1995, others
had opened and Oregonians spent an estimated $70.5 million in tribal
casinos. Last year, they spent $224.6 million.

Still, Oregonians spend much more on the lottery than in casinos. They spent
$488 million on the lottery, or 53 percent of total gambling, while Oregon
casinos captured an estimated 24.4 percent of Oregonians' gambling dollars
last year.

Whelan said most of the growth in tribal casinos peaked in 1997, and the
most recent figures show that the gambling market in Oregon has actually
stabilized and matured in recent years.

"It's a market where the easy growth has happened," he said. "The lottery's
advantage is location. The casinos' advantage is they have got a product
that a lot of people like. It provides more entertainment value."

David Hooper, spokesman for the Oregon State Lottery, said the advent of
tribal casinos came at the same time the lottery stopped adding video poker
machines.

"People have decided whether they like Indian gaming or whether they prefer
to stick to the lottery, or whether they prefer a combination of both,"
Hooper said.

Whelan said that although he didn't expect the same kind of growth in the
future, a number of factors could influence the direction of gambling in the
state. For example, a drop in the economy would hit casinos and the lottery
hard, Whelan said.

The National Gambling Impact Study Commission voted last week to put a
"pause" on the growth of legalized gambling in the country, while the
impacts of gambling -- from economic growth to the proliferation of problem
gambling -- is assessed.

In Oregon, gambling opponents are collecting signatures for a fall ballot
measure that would repeal the lottery's video poker game, drastically
reducing the amount of money contributed to public coffers and to the bars
and restaurants that have come to depend on gambling revenue.

In addition, the Confederated Tribes of Warm Springs plans to meet with Gov.
John Kitzhaber's staff next week to discuss building a new casino in the
Columbia River Gorge, about 40 miles from Portland. That could draw gamblers
in Washington and Portland away from the lottery, or away from other tribal
casinos.

You can reach Courtenay Thompson at 503-221-8503 or by e-mail at
courtenaythompson@news.oregonian.com.
-------------------------------------------------------------------

House endorses drug treatment of sex offenders (The Associated Press says
HB 2500, which would establish a so-called chemical castration program,
passed on a 44-13 vote Thursday and now goes to the Oregon Senate.)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, May 07 1999
Source: The Associated Press (OR)
Copyright: 1999 The Associated Press
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: no byline

House endorses drug treatment of sex offenders

SALEM, Ore. (AP) -- The state would set up a pilot project to treat sex
offenders with drugs under a bill easily approved by the House.

The measure to create a so-called chemical castration program passed on a
44-13 vote Thursday and goes to the Senate.

"Our families are at risk," said Rep. Kurt Schrader, D-Canby, in urging
support for treating released sex offenders with a hormone drug aimed at
curbing sexual aggression.

"We need to use all the tools at our disposal when dealing with these guys,"
said Schrader, the floor manager for the measure.

The state corrections department estimates almost 800 sex offenders will be
released from Oregon prisons this year. The department would operate the
program, requiring up to 50 sex offenders to take a drug called Depo-Provera
as a condition of parole.

Doctors would screen inmates to determine whether they should participate in
the program.

Schrader said the use of hormone drugs reduced repeat sex offenses from 50
percent to 2 percent in one experiment conducted in Europe and is being used
in six states.

But Democratic Rep. Judy Uherbelau, D-Ashland, said the bill raises
questions about violation of due process rights because an inmate who
refused to be in the program could be denied parole.

"I'd say that is coercion," said Uherbelau, an Ashland attorney. She also
contended the bill is too broad because it could require people convicted of
lesser offenses such as public indecency to participate in the drug program.

"There's no evidence (the program) would help in those situations," she said.

The bill number is HB2500.
-------------------------------------------------------------------

Mother anguishes after daughter's leap from bridge (The Associated Press
interviews the mother of 15-year-old Kimberly Christine Roca, who was driving
her daughter to an unspecified drug treatment facility on Sunday, the day
after she learned of Kimberly's LSD use, when Kimberly, "apparently high on
LSD," jumped out of the car and threw herself off the top deck of the Marquam
Bridge in downtown Portland. Characteristically, AP doesn't say how
teen-agers in Oregon die every year after ingesting alcohol and "doing
dangerous things.")

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, May 07 1999
Source: The Associated Press (OR)
Copyright: 1999 The Associated Press
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: no byline

Mother anguishes after daughter's leap from bridge

PORTLAND, Ore. (AP) -- Vicki Lynn Bakke has beaten herself up with
questions, second-guessing every detail and decision that led to her
daughter's horrific death.

Bakke and her 15-year-old daughter, Kimberly Christine Roca, were on their
way to enroll the girl in a drug treatment program Sunday when the
teen-ager, apparently high on LSD, jumped out of Bakke's car and threw
herself off the top deck of the Marquam Bridge in downtown Portland.

"We got to the bridge, and Kim was looking out at the water," Bakke said.
"Then all of a sudden, she opened the door. I slammed on the brakes. I was
screaming, 'Kim, no! Kim, no!' I was pulling at her clothes to keep her in
the car, but they were ripping. She just slipped through my fingers."

In the days since the tragedy, Bakke has been beset by `maybes' and `what ifs.'

Maybe she should have driven straight to the clinic instead of stopping at
home first. What if the threads of her shirt had held a few seconds longer?

The biggest question of all, though, is why Kimberly ever began
experimenting with drugs. Although her death was ruled a drowning, Bakke
thinks LSD triggered her daughter's actions. Toxicology tests are pending.

Bakke said she had learned of her daughter's acid use the night before her
death. Roca had acted "happier and more awake" recently, but her mother said
she mistook what she now thinks were the effects of the drug for a good mood.

The tragedy unfolded rapidly that night, when family friends in Beaverton
told Bakke they suspected that her daughter was high on LSD. The girl stayed
overnight at the friends' home "because I thought it would be a safe place
for her," Bakke said.

Sunday morning, Bakke drove from her Northeast Portland home to pick up her
daughter. On the way back to Portland, the two talked about Roca entering
drug treatment, or at least getting evaluated that morning for substance
abuse, Bakke said.

"She was very compliant and agreeable," Bakke said. "She said, 'Yeah. This
is bad stuff.' " But when Bakke asked the girl where she had gotten the
drugs, Roca abruptly jumped out of the car without saying a word.

Bakke doesn't think it was the question that upset her daughter.

"It seemed like she was thinking reasonably, and then all of a sudden it was
like the drug took her," Bakke said.

Bakke thinks her daughter might have become fixated on the water as they
drove across the bridge. The drug, Bakke said, might have compelled her to
jump without thinking. There was no indication Roca had contemplated suicide
or had attempted to end her life before.

Bakke hopes that talking about the experience will alert other parents to
the dangers of acid.

According to a 1998 study, LSD was one of the most-used drugs among Oregon
11th graders, falling behind alcohol, marijuana, cigarettes and inhalants.

Because the hallucinogen is so closely identified with the hippie culture of
the 1960s, LSD often falls beyond the radar screens of today's parents,
experts said.

"I think we've forgotten its dangers," said Dr. Dale Walker, chairman of the
Oregon Health Sciences University Department of Psychiatry. "LSD users are
often motivated to do dangerous things -- in this case, jumping off of a
bridge -- for what they perceive to be logical reasons. That's why LSD is a
remarkably dangerous drug."

Bakke is left agonizing about whether she could have saved her daughter.

At one point during the drive last weekend, Bakke said Roca spotted a Kaiser
Permanente clinic and said, "Mom, that's the exit."

"I was just about to turn, and then I thought I should first call the advice
nurse from home," Bakke said, "and see if that was the right place to take
her (for drug treatment).

"Oh, if I could only have that one second back right now. That one second to
make that turn, and maybe she would still be here."
-------------------------------------------------------------------

'What ifs' haunt mother after death of daughter, 15 (The Oregonian version)

Newshawk: Portland NORML (http://www.pdxnorml.org/)
Pubdate: Fri, May 07 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: Michelle Roberts, the Oregonian

'What ifs' haunt mother after death of daughter, 15

* "She just slipped through my fingers," says the mother of the teen, who,
apparently high on LSD, threw herself off a bridge

If only she had taken another road.

Maybe if she had driven straight to the clinic instead of stopping at home
first.

What if her daughter's shirt hadn't torn, breaking the girl free from her
mother's white-knuckled grasp?

Vicki Lynn Bakke has persecuted herself with questions, second-guessing
every detail and decision that led to her child's horrific death Sunday.

Bakke and her 15-year-old daughter, Kimberly Christine Roca, were on their
way to enroll the girl in a drug treatment program when the teen-ager,
apparently high on LSD, jumped out of Bakke's car and threw herself off the
top deck of the Marquam Bridge in downtown Portland.

"We got to the bridge, and Kim was looking out at the water," Bakke said.
"Then all of a sudden, she opened the door. I slammed on the brakes. I was
screaming, 'Kim, no! Kim, no!' I was pulling at her clothes to keep her in
the car, but they were ripping. She just slipped through my fingers."

Toxicology tests are pending, but Bakke thinks LSD triggered her daughter's
actions. Her death was ruled a drowning.

Bakke hopes that talking about the experience will alert other parents to
the dangers of acid.

According to a 1998 study, LSD was one of the most-used drugs among Oregon
11th graders, falling behind alcohol, marijuana, cigarettes and inhalants.

Because the hallucinogen is so closely identified with the hippie culture of
the 1960s, LSD often falls beyond the radar screens of today's parents,
experts said.

"I think we've forgotten its dangers," said Dr. Dale Walker, chairman of the
Oregon Health Sciences University Department of Psychiatry. "LSD users are
often motivated to do dangerous things -- in this case, jumping off of a
bridge -- for what they perceive to be logical reasons. That's why LSD is a
remarkably dangerous drug."

Because LSD affects the emotional center in the brain and distorts reality,
a user -- particularly a first-time user -- is subject to the extremes of
euphoria and panic. The drug also can trigger feelings of grandeur that lead
to dangerous behaviors.

Bakke thinks her daughter might have become fixated on the water as they
drove across the bridge. The drug, Bakke said, might have compelled her to
jump without thinking. There was no indication Kim had contemplated suicide
or had attempted to end her life before.

In 1996, more than 14 percent of high school juniors in Oregon reported
having used the drug, according to the Northwest Professional Consortium.

LSD is dissolved in alcohol, and drops of the solution are put on blotter
paper or in a sugar cube then chewed or swallowed, making it easy for novice
drug users to consume. It also has been put into microdots, or tiny squares
of gelatin. To reach younger buyers, illegal manufacturers even print
cartoon characters and colorful symbols on the blotter paper.

Known as "acid," "tabs," "doses," "trips," "hits" and "sugar cubes," LSD
appeals to many teens because it is cheap and easy to hide, Walker said. It
has less-detectable physical symptoms than alcohol or pot and is inexpensive
at $1 to $5 a hit.

Bakke said she had learned of her daughter's acid use the night before her
death. Kim had acted "happier and more awake" recently, but her mother said
she mistook what she now thinks were the effects of the drug for "a good mood."

"I thought she was just starting to feel better about things in her life,"
said Bakke, who was divorced from Kim's father within the past three years.
He did not respond to interview requests.

The tragedy began to unfold rapidly Saturday night, when family friends in
Beaverton told Bakke they suspected that her daughter was high on LSD. The
girl stayed overnight at the friends' home "because I thought it would be a
safe place for her," Bakke said.

Sunday morning, Bakke drove from her Northeast Portland home to pick up her
daughter. On the way back to Portland, the two talked about Kim entering
drug treatment, or at least getting evaluated that morning for substance
abuse, Bakke said.

"She was very compliant and agreeable," Bakke said. "She said, 'Yeah. This
is bad stuff.' " But when Bakke asked the girl where she had gotten the
drugs, Kim abruptly jumped out of the car without saying a word.

Bakke doesn't think it was the question that upset her daughter.

"It seemed like she was thinking reasonably, and then all of a sudden it was
like the drug took her," Bakke said.

Kim, who wore a nose ring and liked to dress in dark clothing, had
experimented with marijuana, her mother said. The girl had been suspended
last year from an Aloha high school after being caught with pot. Bakke said
she discouraged the pot use, but Kim brushed off warnings by arguing that
marijuana should be legalized.

Kim decided not to return to school after her suspension and enrolled in
correspondence classes. She maintained a B-minus average, her mother said.

Bakke, who works at a local hospital, said she was concerned about how her
daughter spent her free time. But Kim assured her she was OK. After her
studies, Kim rode the bus to see friends, shopped for beads and other
trinkets, and read New Age books.

Kim told her mother she wanted to go into alternative medicine. A brochure
about Portland Community College lay on the family's coffee table this week
as a testimony to the girl's plans.

Bakke, meanwhile, is left agonizing about whether she could have saved her
daughter.

At one point during the drive last weekend, Bakke said Kim spotted a Kaiser
Permanente clinic and said, "Mom, that's the exit."

"I was just about to turn, and then I thought I should first call the advice
nurse from home," Bakke said, "and see if that was the right place to take
her (for drug treatment).

"Oh, if I could only have that one second back right now. That one second to
make that turn, and maybe she would still be here."

You can reach Michelle Roberts at 294-5041 or by e-mail at
Michelleroberts@news.oregonian.com.

[sidebar:]

Spotting drug use

Often the clues of drug use among adolescents are subtle. Because mood
swings and unpredictable behavior are frequent for preteens and teen-agers,
parents might find it difficult to spot the signs.

The following describe possible changes. Isolated occurrences might not be
reason to panic, but if you see several, consider them warning signs and
seek professional help.

Physical Symptoms

* Acting intoxicated

* Bloodshot or red eyes, droopy eyelids

* Runny nose without a cold

* Imprecise eye movement

* Abnormally pale complexion

* Increase in illnesses

* Change in speech and vocabulary patterns

* Repressed physical development

* Sudden appetite, especially for sweets

* Unexplained weight loss or loss of appetite

* Neglect of personal appearance, grooming, hygiene

* Upper respiratory infections, frequent coughs

* Chest pains

Behavior changes

* Change in friends and unwillingness to introduce friends to family

* Frequently breaking curfew

* Unexplained moodiness, depression, anxiety or irritability

* Strongly inappropriate overreaction to mild criticism or simple requests

* Decreased interaction and communication with others

* Increased conflict with family

* Preoccupation with self

* Loss of interest in previously important things

* Increased need for money

* Lethargy

* Loss of ability to assume responsibility

* Need for instant gratification

* Change in values, ideals, beliefs

* Evidence of secretive or sneaky behavior

Where to call for help

* The Regional Drug Initiative 503-294-7074.

* Multnomah County Central Intake Services Alcohol and Drug Referral line
248-3141

* Oregon Partnership's 24-hour toll-free Helpline 800-923-HELP.

* De Paul Treatment Centers Inc. Adolescent Program (12- to 17-year-olds)
287-7026

* Oregon Health Sciences University addiction treatment and training center
494-4745

Source: Portland Public Schools Prevention Program
-------------------------------------------------------------------

Michelle Holden Admits Sex With Minor, Is Spared Prison Term (The Los Angeles
Times says three days after her husband stepped down as the mayor of
Pasadena, Holden tearfully halted what would have been a sordid trial,
pleading no contest to a felony count of unlawful sexual intercourse with a
minor - the couple's 15-year-old male babysitter. Holden avoided a state
prison term and having to register as a sex offender. Had the case gone to
trial, it would have pitted two families, once close, against each other as
Holden and her former babysitter told of their mutual marijuana use and
several sexual encounters.)

Date: Mon, 10 May 1999 09:31:48 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: Michelle Holden Admits
Sex With Minor, Is Spared Prison Term
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Jim Rosenfield
Pubdate: Fri, 7 May 1999
Source: Los Angeles Times (CA)
Copyright: 1999 Los Angeles Times
Contact: letters@latimes.com
Fax: (213) 237-4712
Website: http://www.latimes.com/
Forum: http://www.latimes.com/home/discuss/
Author: Ann W. O'Neill, Times Staff Writer

MICHELLE HOLDEN ADMITS SEX WITH MINOR, IS SPARED PRISON TERM

Three days after her husband stepped down as the mayor of Pasadena,
Michelle E. Holden tearfully halted what would have been a sordid trial,
pleading no contest to a felony count of unlawful sexual intercourse with a
minor - the couple's 15-year-old male babysitter.

With the plea bargain, Holden, 35, and the mother of four small children,
avoids a state prison term and having to register as a sex offender.

Instead, when Superior Court Judge Joseph F. DeVanon sentences her June 22,
Holden will receive three years' probation, during which she must undergo
drug and sex counseling, submit to drug tests, and perform 200 hours of
community service. Deputy Dist. Atty. Tuppence Macintyre, meanwhile, agreed
to dismiss five other felonies and two misdemeanors against Holden, the
wife of Chris Holden, who returned to the Pasadena City Council after
losing the mayor's seat. She also is the daughter-in-law of Los Angeles
City Councilman Nate Holden.

Comforted by her lawyer, Mark J. Geragos, Holden sobbed and dabbed at her
eyes in the nearly empty Pasadena courtroom as she entered her plea. It
came even as the jury was being selected. Ironically, the charge she
acknowledged - sexual intercourse with a minor under 16 - was the only
allegation she had flatly denied when questioned by police.

But it also was the only charge that, under a quirk of state law, does not
require her to register as a sex offender, Macintyre said. Had the case
gone to trial, it would have pitted two families, once close, against each
other as Holden and her former babysitter told of their mutual marijuana
use and several sexual encounters that allegedly occurred between January
and March 1998. The only public record of the case is a transcript of two
days of grand jury testimony by the victim; his sister; her boyfriend, who
also was Michelle Holden's hairdresser; a second youth known as John Doe
No. 2, and a police detective. The victim, now 17, testified about a series
of sexual encounters he said were initiated by Holden. They made him so
uncomfortable he vomited during the first session. Pasadena Police Det.
George Vidal testified that Holden had admitted incidents of oral sex, but
denied she had sexual intercourse with the boy. Attorney Geragos had
contended at pretrial hearings that his client was the real victim, and
that the charges were politically motivated. But as he and the Holdens
left the courthouse Thursday, the usually chatty lawyer was tightlipped.
The boy's father, however, said he believed the Holdens owed his family an
apology for violating their trust.

The incident occurred while he and his wife, who had donated a kidney to
him for transplant, were recovering. He said his son eventually confided in
him, and he reported the sexual activity to police. "When people say boys
are not damaged, they are wrong," he said.
-------------------------------------------------------------------

District Defends Suspending Student Who Turned Over Pot (The Los Angeles
Times says officials from the William S. Hart Union High School District in
Saugus, California, suspended Tyler Hagen, 13, for five days because he
violated the district's "zero tolerance" policy by alerting his parents
instead of school officials about marijuana on campus. The seventh-grader at
Arroyo Seco Junior High School said he thought he was doing the right thing
last Friday when, agreeing to help a scared friend dispose of some marijuana,
he turned it over to his parents, who in turn gave it to sheriff's deputies.)

Date: Wed, 19 May 1999 18:34:53 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: District Defends Suspending Student Who Turned Over Pot
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Jim Rosenfield
Pubdate: May 7, 1999
Source: Los Angeles Times (CA)
Copyright: 1999 Los Angeles Times.
Contact: letters@latimes.com
Fax: (213) 237-4712
Website: http://www.latimes.com/
Forum: http://www.latimes.com/home/discuss/
Author: Karima A. Haynes, Times Staff Writer

DISTRICT DEFENDS SUSPENDING STUDENT WHO TURNED OVER POT TO PARENTS

Schools: Boy, 13, says he tried to do the right thing, and his family is
outraged. But officials say action was required by zero-tolerance policy.

SAUGUS--Officials in the William S. Hart Union High School District
reaffirmed their zero-tolerance policy Thursday in the case of Tyler Hagen,
13, who alerted his parents instead of school officials about marijuana on
campus.

The seventh-grader at Arroyo Seco Junior High School said he thought he was
doing the right thing last Friday when, agreeing to help a scared friend
dispose of some marijuana, he turned it over to his parents, who in turn
gave it to sheriff's deputies.

By not going to school officials immediately, Tyler was found to have
violated the district's strict school policy on illegal drugs and was
suspended for five days. The suspension started Monday, and it was not
clear when or if Tyler would be allowed to return to Arroyo Seco.

"This is the wrong message being sent to children," said Linda Hagen,
Tyler's mother. "They are told in DARE programs that if someone tries to
sell them drugs to tell their parents, and he was punished for that."

Hagen said she and her husband, Chris, plan to seek legal counsel to advise
them of their son's rights. "We plan to fight to get him reinstated in the
school," she said.

And Tyler said the incident will likely affect his reputation: "Everyone's
going to think I'm a crackhead or something." The case highlights the
contentious debate over zero-tolerance policies and mirrors several other
incidents at schools nationwide in recent years:

* A 10-year-old girl was suspended from her Mission Viejo elementary school
after a toy cap gun on a key chain fell out of her backpack.

* A 12-year-old boy was expelled from a Corona school for possessing
folding fingernail clippers. The Riverside County Board of Education later
overturned the expulsion.

* A 13-year-old Texas girl was suspended for carrying a bottle of Advil,
detected in her backpack by a drug-sniffing dog.

* A seventh-grader in West Virginia was sent home for giving a zinc cough
drop to a friend.

Advocates say zero-tolerance policies are necessary to protect students
from drugs, alcohol, firearms and disruptive behavior on campuses. Hart
district officials said that under school rules they had no choice but to
punish Tyler.

"This district has a zero-tolerance policy," said Michael von Buelow,
assistant superintendent for personnel and student services. "Any student
caught in possession of an illegal substance on campus is going to be
disciplined." Von Buelow said administrators at Arroyo Seco were
discouraged by the public outcry that has erupted in the wake of Tyler's
suspension.

"They took action for good reason, and those reasons are being communicated
very differently publicly," he said. "[Administrators] are frustrated
because they cann't get into specific details about the case; you cann't
defend yourself.

"You do the right thing and you get criticized," he added. "We want people
to know there is much more to this story than we can let out at this time."
Arroyo Seco Principal Jackie Snyder did not respond to telephone calls.

School policy stipulates that students caught selling drugs or having
repeated possession offenses are ordered to appear before an expulsion
panel composed of administrators from other schools, Von Buelow said.

First-time possession offenders, he said, are given a choice between a
one-to-five-day suspension or mandatory attendance in a school-based drug
and alcohol awareness class.

"The boy [Tyler] was given a choice: either a suspension or the program
that could serve in lieu of suspension, and that was turned down," he said.

Opponents of zero-tolerance rules say the absolutist philosophy does not
allow for mitigating factors.

"That is the stupidity side of zero tolerance; it means at the same time
you have zero options," said Peter Blauvelt, president of the National
Alliance of Safe Schools, a nonprofit consulting group run by former school
security directors in College Park, Md.

"As we try to convince kids to break the code of silence about other kids,
they say, 'I thought I was doing right and I got banned. [Authorities] can
rot in hell before I share information again.' " Asked what he would do if
someone again approaches him with drugs, Tyler said, "Walk away."
-------------------------------------------------------------------

California Police Cleared In Shooting Of Black Woman (According to the
Baltimore Sun, Grover Trask, the district attorney, in Riverside, California,
said yesterday that four police officers were justified when they fired 23
bullets at Tyisha Miller, 19, a young black woman they found sitting armed
and unresponsive in a disabled car in December. Miller had pulled into a gas
station parking lot with a flat tire. Relatives who arrived to help her said
they called police after Miller appeared to be having a seizure and was
foaming at the mouth. Toxicology tests showed Miller had a blood-alcohol
level of 0.13 percent - and cannabis metabolites.)

Date: Fri, 7 May 1999 07:14:54 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US CA: California Police Cleared In Shooting Of Black Woman
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Rob Ryan
Pubdate: Fri, May 07 1999
Source: Baltimore Sun (MD)
Copyright: 1999 by The Baltimore Sun, a Times Mirror Newspaper.
Contact: letters@baltsun.com
Website: http://www.sunspot.net/
Forum: http://www.sunspot.net/cgi-bin/ultbb/Ultimate.cgi?action=intro

CALIFORNIA POLICE CLEARED IN SHOOTING OF BLACK WOMAN

Prosecutor says officers acted hastily, not illegally

RIVERSIDE, Calif. -- Four police officers were justified when they fired 23
bullets at a young black woman they found sitting armed and unresponsive in
a disabled car, the district attorney said yesterday.

District Attorney Grover Trask said the officers may have acted hastily and
made mistakes in judgment, but they did not act criminally when they killed
Tyisha Miller, 19, in December.

Miller's death led to allegations that the officers -- three whites and a
Hispanic -- were racists. Religious leaders, civil rights activists and
residents of Riverside, 60 miles east of Los Angeles, protested the shooting
at meetings, vigils and marches.

"We thought we were going to get justice but we just got the same old
thing," said the Rev. Bernell Butler, Miller's cousin. "Police officers are
able to murder and get away with it."

Miller had pulled into a gas station parking lot with a flat tire. Relatives
who arrived to help her said they called police after Miller appeared to be
having a seizure and was foaming at the mouth.

Trask said the officers found Miller unresponsive, lying on the fully
reclined driver's seat with a gun in her lap. They were unable to awaken her
by banging on the windows, shining lights or shaking the car, he said.

When an officer tried to break the driver's side window with a baton and
reach for the gun, Miller sat up, lifted a pager and stared at the cop, who
backed away, Trask said.

One officer yelled at the others to hold their fire, and the woman lay down
again, Trask said. When she rose up again and appeared to reach for the gun,
the officers all fired, the prosecutor said.

A coroner's report indicated all the bullets entered her body from the back,
proving that she was not lying down when she was shot, Trask said. Miller
was hit by 12 of the 23 bullets. Four struck her in the head.

Toxicology tests showed Miller had a blood-alcohol level of 0.13 percent. A
driver in California is legally intoxicated at 0.08 percent. Tests also
detected marijuana residue.

Trask said the officers' plan to break in the window of Miller's locked car
to get the gun out of her lap may have been a mistake, but it did not reach
the level of criminal conduct.

"In deciding whether or not to file criminal charges, the job was not to
determine what the police could have done or even what they should have
done," Trask said.
-------------------------------------------------------------------

No Charges for Police Shooters (The Associated Press version)

Date: Sat, 08 May 1999 04:55:20 -0700
From: Paul Freedom (nepal@teleport.com)
Organization: Oregon Libertarian Patriots
To: Constitutional Cannabis Patriots (cp@telelists.com)
Subject: [cp] No Charges for Police Shooters

MAY 07, 06:45 EDT

No Charges for Police Shooters

By ANTHONY BREZNICAN
Associated Press Writer

RIVERSIDE, Calif. (AP) - Four police officers acted in haste and in error,
but were justified in shooting an unresponsive, armed young black woman found
sitting in a car, the district attorney said.

The death of Tyisha Miller, 19, in December led to allegations that the
officers - three whites and a Hispanic - were racists. Religious leaders,
civil rights activists and residents of Riverside, 60 miles east of Los
Angeles, protested the shooting at town hall meetings, vigils and marches.

District Attorney Grover Trask said Thursday the officers may have acted
hastily and made mistakes in judgment, but they did not act criminally.

Miller's relatives were angry with the decision.

``It is sickening and it is sad,'' said the Rev. Bernell Butler, a cousin.
``Police officers are able to murder and get away with it.''

Ms. Miller had pulled into a gas station parking lot with a flat tire.
Relatives who arrived to help her said they called police after Ms. Miller
appeared to be having a seizure and was foaming at the mouth.

The officers found the car still running, with the radio and lights on.
Inside, Ms. Miller was unresponsive, lying on the fully reclined driver's
seat with a gun in her lap. The officers were unable to awaken her by banging
on the windows, shining lights or shaking the car, Trask said.

When an officer tried to break the driver's side window with a baton and
reach for the gun, Ms. Miller sat up, lifted a pager and stared at the cop,
who backed away, Trask said.

One officer yelled at the others to hold their fire, and the woman lay down
again, Trask said. When she rose up again and appeared to reach for the gun,
the officers all fired, the prosecutor said.

Family members contend she remained unconscious throughout and never reached
for the gun.

A coroner's report indicated all the bullets entered her body from the back,
proving that she was not lying down when she was shot, Trask said. Her loaded
gun was never fired. Ms. Miller was hit by 12 of the 23 bullets. Four struck
her in the head.

Toxicology tests showed Ms. Miller had a blood-alcohol level of .13 percent.
A driver in California is legally intoxicated at .08 percent. Tests also
detected marijuana residue.

The officers' plan to break in the window of her locked car to get the gun
out of her lap may have been a mistake, but did not reach the level of
criminal conduct, Trask said. ``It was a judgment call and it was probably a
mistake in their judgment,'' he said.

In Sacramento, Attorney General Bill Lockyer endorsed Trask's decision, but
said he would investigate reports of ``racial insensitivity and even racial
hostility'' within the Riverside Police Department.

***

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

Cigarette Smuggling: What Did We Expect To Happen? (A letter to the editor of
the Orange County Register responds to news that cigarette smuggling from
Mexican to California is "exploding." It is immoral to tax one minority group
of citizens at a rate so much higher than the general populace. Cigarette
manufacturers don't pay taxes; people do.)

Date: Mon, 10 May 1999 20:29:23 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: CA: PubLTE: Cigarette Smuggling: What Did We Expect To
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: John W.Black
Pubdate: Friday, May 7,1999
Source: Orange County Register (CA)
Copyright: 1999 The Orange County Register
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Section: Metro,page 9

CIGARETTE SMUGGLING: WHAT DID WE EXPECT TO HAPPEN?

According to the news, cigarette smuggling across the border is "exploding."
This was entirely predictable - we had only to look at the Canadian
experiment with high tobacco taxes a few years ago. Eventually the tax was
rescinded because smuggling "exploded."

Speaking as one who enjoys smoking and who is usually a law-abiding
citizen, I can tell you that I would buy smuggled cigarettes if I could
find a source. It is unconscionable and, in my opinion, immoral to tax one
minority group of citizens (smokers) at a rate so much higher than the
general populace.

Taxes should be shared more or less equally among all the people. It is
important to remember that cigarettes and cigarette manufacturers don't pay
taxes; people do.

Daniel M. Short La Habra
-------------------------------------------------------------------

Rethink Drug Laws? Rockefeller Would (A letter to the editor of the New York
Times from Laurance S. Rockefeller says 26 years ago, his late brother,
Nelson, as New York's governor, did indeed advocate harsh mandatory minimum
sentences for drug offenders. However, Laurance believes that in light of
current knowledge, his brother would today be open to a thoughtful review of
drug policy issues, particularly New York's mandatory minimum sentencing
laws.)

Date: Fri, 7 May 1999 16:48:18 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US NY: PUB LTE: Rethink Drug Laws? Rockefeller Would
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Nathan Riley (humriley@council.nyc.ny.us)
Pubdate: Fri, 07 May 1999
Source: New York Times (NY)
Copyright: 1999 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/
Forum: http://www10.nytimes.com/comment/
Author: Laurance S. Rockefeller

RETHINK DRUG LAWS? ROCKEFELLER WOULD

To the Editor:

I was heartened to read that Gov. George E. Pataki has proposed
loosening the stringent drug laws adopted during the administration of
Gov. Nelson A. Rockefeller, my brother (front page, May 4).

Clyde Haberman (NYC column, April 23) pointed out the devastating
human impact of an overly harsh drug policy, especially on convicted
individuals who bear no resemblance to hardened criminals.

The reality is that we have far too many people in jail for far too
long for relatively minor offenses as a result of stringent drug laws.
Those who were not criminals before are often turned into criminals as
a result of their incarceration. Families are destroyed, creating
another dysfunctional generation. And the economic cost to society is
enormous.

In view of what was known 26 years ago, my brother Nelson, as
Governor, did indeed advocate harsh laws. However, I believe that in
light of current knowledge, my brother, who was both a realistic and a
humane leader, would today be open to a thoughtful review of the drug
policy issue. While I support Governor Pataki's proposal, I hope that
he and the Legislature will proceed on a bipartisan basis to undertake
a full and reasoned review, with the goal of reforming New York's drug
laws in a more comprehensive way.

LAURANCE S. ROCKEFELLER
New York, May 5, 1999
-------------------------------------------------------------------

Federal Judge Sparks Probe Of DEA Agents (The Miami Herald says U.S. District
Judge William J. Zloch has sparked a criminal investigation into two Drug
Enforcement Administration agents who defied his order barring them from
using a convicted smuggler to import drugs from Mexico. DEA agents Aldo Rocco
of New York City and Sam Trotman of Camden, N.J., may face criminal contempt
charges for for continuing to use drug pilot Jimmie Norjay Ellard as an
informant. Charges have been dismissed against Ellard, who was arrested in
September after flying 187 pounds of marijuana into Fort Lauderdale at
Rocco's request.)

Date: Sat, 8 May 1999 11:32:48 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US FL: Federal Judge Sparks Probe Of Dea Agents
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, 07 May 1999
Source: Miami Herald (FL)
Copyright: 1999 The Miami Herald
Contact: heralded@herald.com
Address: One Herald Plaza, Miami FL 33132-1693
Fax: (305) 376-8950
Website: http://www.herald.com/
Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?mherald
Author: LARRY LEBOWITZ, Herald Staff Writer

FEDERAL JUDGE SPARKS PROBE OF DEA AGENTS

They defied order on drug smuggling

A federal judge has sparked a criminal investigation into two Drug
Enforcement Administration agents who defied his order barring them from
using a convicted smuggler to import drugs from Mexico.

The U.S. Attorney's Office in Fort Lauderdale, together with top DEA
investigators in Washington, are weighing whether to charge DEA special
agents Aldo Rocco of New York City and Sam Trotman of Camden, N.J., with
criminal contempt.

Rocco and Trotman also are under internal DEA investigation for using
convicted drug pilot Jimmie Norjay Ellard, 52, of Aventura.

In 1997, federal prosecutors in Brooklyn, working with the DEA agents, asked
U.S. District Judge William J. Zloch to move Ellard's probation from Fort
Lauderdale to New York so they could use him as a paid informant.

Zloch denied the request in a confidential August 1997 memo that was
unsealed last week. Despite the judge's ruling, Ellard, a former deputy
sheriff from Fort Bend County, Texas, continued broadening his contacts with
high-ranking members of Mexican drug cartels.

When Ellard was arrested in September after flying 187 pounds of marijuana
into Fort Lauderdale Executive Airport, he told the South Florida drug
agents he was working for Rocco and Trotman.

But the DEA agents, who had worked with Ellard on several high-profile cases
that ended in 1995, denied any knowledge of his recent activity. Ellard
eventually produced a surreptitiously recorded phone conversation with Rocco
revealing the DEA agent was unofficially urging him to smuggle.

South Florida federal prosecutors quietly dropped the marijuana smuggling
charges last month after the 21-minute tape surfaced.

Mexican trip

Ellard's unauthorized foray into Mexico had the potential to become an
international incident and violated DEA policies regarding undercover work
abroad.

Most undercover operations are supposed to be cleared with DEA agents at the
U.S. Embassy in Mexico City, who share information with their Mexican
counterparts. Only in rare, highly sensitive situations, can agents avoid
the embassy and seek direct approval from DEA Administrator Thomas
Constantine's office.

The tape indicates Rocco knew he needed to distance himself from any
undercover drug buys Ellard might make in Mexico. They discussed several
scenarios for Ellard to stop in a friendly third country, such as Jamaica,
before delivering cocaine to DEA in New York.

Federal sources said Thursday that the DEA agents took extra measures to
hide their unauthorized relationship with the smuggler. The agents
registered Ellard's brother as a confidential informant, using him as a
conduit to conceal information Jimmie Ellard was developing with the Mexican
traffickers.

While agents are permitted to use this type of "subsource" relationship in
foreign countries, the practice is prohibited with domestic informants, said
DEA chief inspector Felix Jimenez in Washington. Jimenez, who oversees DEA's
Office of Professional Responsibility, is supervising the internal and
criminal investigations for Fort Lauderdale-based federal prosecutor Theresa
Van Vliet.

Ellard claims he was making major inroads into several big Mexican drug
organizations before his September arrest and was on the verge of
consummating a 26,000-pound cocaine deal with a high-ranking government
official in the border state of Sonora. Ellard also claims he gave the DEA
agents key information about a corrupt U.S. agent on a Mexican drug
trafficker's payroll and "holes" drug pilots had discovered in the
government's radar net along the southwest border. 5 years in prison

Zloch sentenced Ellard, who was facing up to 25 years on the dismissed
marijuana smuggling charges, to five years in prison last week for violating
probation.

Ellard was on probation stemming from his 1991 guilty plea to his leadership
in a smuggling ring that flew more than 27 tons of Colombian cocaine into
Fort Lauderdale Executive Airport between 1985 and 1988.

Ellard, who had fled to Colombia in 1985 to avoid a marijuana smuggling
charge in Texas, was living under a false name when he was arrested in March
1990 in Indian River County.

He started cooperating with federal prosecutors and agents and quickly
became one of the government's most valued informants in the drug wars.
Ellard provided key historical intelligence on the cartels, set up a
14,000-pound marijuana sting and showed agents how he regularly evaded the
government's airborne anti-drug radar system.

The fugitive ex-cop eventually befriended the major drug cartel leaders,
including the late Medellin cartel kingpin Pablo Escobar. Ellard later
testified he gave Escobar's hitman Dandy Munoz-Mosquera the know-how to blow
up a Colombian commercial airliner in 1989, killing 107 passengers to make
sure he erased two police informants on board.
-------------------------------------------------------------------

Study Brings Breath of Fresh Air to Pot Smokers (The Medical Tribune News
Service discusses the report in the May issue of the American Journal of
Epidemiology finding that long-term use of marijuana does not lead to a
decline in mental function. Eighteen years ago, Jeffrey Schaeffer, a clinical
neuropsychologist at the University of California in Los Angeles, published a
study in the journal Science about the effects of marijuana among 10 heavy or
prolonged users. Using a more sophisticated test that gauged the brain's
frontal systems that deal with mental flexibility, attention and dual
processing, Schaeffer also concluded that participants showed no evidence of
impairment.)

Date: Fri, 7 May 1999 19:07:31 -0700 (PDT)
From: Den de (dendecannabist@yahoo.com)
Subject: HT: Study Brings Breath of Fresh Air to Cannabis Smokers
To: Hemp Talk *cannabist (hemp-talk@hemp.net)
Sender: owner-hemp-talk@hemp.net

Study Brings Breath of Fresh Air to Pot Smokers

SUZANNE LEIGH c.1999 Medical Tribune News Service

Long-term use of marijuana does not lead to a decline in mental function,
according to the findings of a contentious new report.

In what may be the first large-scale published study investigating the link
between marijuana and cognition, researchers led by Dr. Constantine Lyketsos
of Johns Hopkins University in Baltimore tracked the results of mental
functioning tests completed by 1,318 adults.

Participants were between ages 18 and 64 and were divided into groups
according to age, self-reported drug use and alcohol and smoking habits, as
well as level of education.

All participants took the Mini-Mental State Examination (MMSE), a test to
evaluate basic memory, orientation and short-term recall. The average MMSE
score for people with at least nine years of schooling is 29 out of a maximum
of 30 points. Participants receive one point for correct answers to questions
such as the current date and day of the week.

Eleven-and-a-half years later, participants took the MMSE a second time and
results were compared with the initial test.

In an article published in the current issue of the American Journal of
Epidemiology, the authors concluded that cognitive decline was not associated
with marijuana use. Among women who didn't use marijuana, for example, MMSE
scores fell by an average of 1.46 points. For light users the decline was
1.04 and for heavy users it was 1.15. For men who did not use the drug, MMSE
scores fell by an average of 1.00, versus 1.03 for light users and 0.84 for
heavy users.

Rather than being associated with marijuana use, cognitive decline is related
to aging, said the authors. Starting in people younger than 30, this decline
increases exponentially with each decade. But, a higher level of education
could reduce the degree of cognitive decline, they noted.

However, there is already debate that the results of the Lyketsos study may
be flawed by the use of the MMSE as a measurement of cognitive function.

The MMSE ``is not a good measure of anything other than for broad-screen
purposes,'' said clinical neuropsychologist Jeffrey Schaeffer of the
University of California in Los Angeles.

Eighteen years ago, Schaeffer published a study in the journal Science about
the effects of marijuana among 10 heavy or prolonged users. He concluded that
participants showed no evidence of impairment of cognitive function after
performing a battery of tests to gauge long-term and short-term memory,
general intellectual functioning and language skills.

``We used a variety of tests to evaluate mental functioning but they fell
short because they didn't tap the [brain's] frontal systems that deal with
mental flexibility, divided attention and dual processing - the areas that
according to recent literature have been associated with more subtle
impairments [due to] a variety of neurotoxicants including cannabis,''
Schaeffer said. However, despite the limitations of these tests they were
significantly more sophisticated than the MMSE, he added.

More recently, a 1996 study by Massachusetts researchers Dr. Harrison Pope
and Deborah Yurgelun-Todd, published in the Journal of the American Medical
Association, found that heavy marijuana use was not associated with lower
SAT and intelligence-test scores. But when the researchers evaluated the
129 participants' memory, verbal and sorting abilities using more sensitive
tests they found the scores of heavy users were lower than light users'.

The authors concluded that heavy marijuana use may produce alterations in the
brain's structure or function that outlast the direct effects of the drug.

***

American Journal of Epidemiology (1999;149:794-800)

***

[Portland NORML notes: The biased report in the Journal of the American
Medical Associated referred to above was debunked in these Portland
NORML Weekly News items:]

Feb. 22, 1996: Biggest Disappointment Of The Week (JAMA)

Feb. 29, 1996: More JAMA Flak

Feb. 29, 1996: Drinking To Forget

Feb. 29, 1996: Penultimate Parting Shot

Feb. 29, 1996: The Last Word
-------------------------------------------------------------------

Hey, Like, News About Cannabis (The Detroit Free Press version)

Date: Sat, 8 May 1999 11:32:33 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: US: Hey, Like, News About Cannabis
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Chris Clay (chris@thecompassionclub.org)and Frank S. World
Pubdate:Fri, 7 May 1999
Source: Detroit Free Press (MI)
Copyright: 1999 Detroit Free Press
Contact: editpg@det-freepress.com
Website: http://www.freep.com/
Forum: http://www.freep.com/webx/cgi-bin/WebX

HEY, LIKE, NEWS ABOUT CANNABIS

Long-term Use Doesn't Hurt Mind, Study Says

You say you toked lots of numbers packed with Maui Wowie and you're, like,
wondering if your mind 30 years later is slippin', fear not, say the medical
dudes.

Long-term use of marijuana does not lead to a decline in mental function,
according to the findings of a new report.

In what may be the first large-scale published study investigating the link
between marijuana and cognition, researchers at Johns Hopkins University in
Baltimore tracked mental functioning of 1,318 adults ages 18 to 64.

Special tests called the Mini-Mental State Examination, or MMSE, were given
11 1/2 years ago and this year and results were compared.

Researchers said the test scores were about the same and concluded that
cognitive decline was not associated with marijuana use.

Cognitive decline is related to aging, said the researchers. Starting in
people younger than 30, this decline increases exponentially with each
decade.

However, a higher level of education could reduce the degree of cognitive
decline, they noted.

A 1996 study of 129 participants by two Massachusetts researchers, Dr.
Harrison Pope and Deborah Yurgelun-Todd, found that heavy marijuana use was
not associated with lower SAT and intelligence-test scores.

But when the researchers evaluated memory, verbal and sorting abilities
using more sensitive tests, they found heavy users scored lower than light
users.

So, snuff that doobie just to be safe.
-------------------------------------------------------------------

U.S. Military Opens New Antidrug Bases (The Miami Herald quotes Raul Duany, a
spokesman for the Miami-based U.S. Southern Command, saying Wednesday that
the United States "started counterdrug air operations effective May 1" from
new bases in Ecuador and the Dutch Caribbean islands of Curacao and Aruba.
The new bases replace the American base in Panama being vacated under the
1977 Panama Canal treaties.)
Link to 5/5 story, 'US Says Losing Panama Base Hurt Its Anti-Drug Efforts'
Date: Mon, 10 May 1999 18:50:07 -0700 From: owner-mapnews@mapinc.org (MAPNews) To: mapnews@mapinc.org Subject: MN: US: U.S. Military Opens New Antidrug Bases Sender: owner-mapnews@mapinc.org Reply-To: owner-mapnews@mapinc.org Organization: Media Awareness Project http://www.mapinc.org/lists/ Newshawk: Isenberg, David Pubdate: Fri, 07 May 1999 Source: Miami Herald (FL) Copyright: 1999 The Miami Herald Contact: heralded@herald.com Address: One Herald Plaza, Miami FL 33132-1693 Fax: (305) 376-8950 Website: http://www.herald.com/ Forum: http://krwebx.infi.net/webxmulti/cgi-bin/WebX?mherald Author: Don Bohning, Herald Staff Writer U.S. MILITARY OPENS NEW ANTIDRUG BASES Curacao, Aruba, Ecuador, possibly Costa Rica, replace Panama Ecuador and the Dutch Caribbean islands of Curacao and Aruba are the new front lines in the U.S. military's war on drugs, the result of the American troop withdrawal from Panama under the 1977 Panama Canal treaties. ``We started counterdrug air operations effective May 1 from all three sites,'' Raul Duany, spokesman for the Miami-based U.S. Southern Command, said Wednesday. That was the day that airfield operations ended at Howard Air Force Base in Panama, the previous base for counterdrug surveillance flights. Howard is to be turned over to Panama on Nov. 1. A six-year effort to negotiate an agreement to set up a Multinational Counter-Narcotics Center at Howard beyond the Dec. 31, 1999, canal turnover date collapsed last September, forcing Southcom to look elsewhere. Unlike Howard, which is a U.S. military base, the Curacao, Aruba and Ecuador sites and one other eventual site, possibly in Costa Rica, will operate under access agreements with the local governments, using existing civilian airfields. U.S. Air Force, Army, Navy, Coast Guard and Customs surveillance and tracking aircraft will operate from the locations to monitor drug traffic from the Andean region through the Caribbean to the United States. Personnel assignments Duany said only about a dozen permanent personnel will be assigned to each of the sites, with up to 200 additional temporary personnel at any given time, depending on aircraft rotation. The permanent personnel would be assigned for air traffic control, communications and maintenance. He said an Air Force task force is ``currently surveying all three sites -- known as forward operating locations (FOL) -- and contracting for necessary improvements to conduct sustained expeditionary operations.'' Duany said the improvements would begin in October and include ``significant upgrades, such as additional ramp space.'' U.S. officials have said the Ecuador site, at Manta, a military base on the Pacific coast, would require the most work. All the sites, including one being looked at in Costa Rica, have the 8,000-foot runways needed to accommodate AWAC radar planes for monitoring illegal drug flights and C-141 aircraft, in addition to the smaller planes needed for the counterdrug operations. The three locations are ``in the heart of the transit zone,'' Duany said. ``Before, it was concentrated in one location [Panama], and even though [it was] strategically located, we will now have wider coverage because of the diverse locations.'' The forward operating locations will be augmented from U.S. military bases at Roosevelt Roads, Puerto Rico; Guantanamo Bay, Cuba, and Soto Cano, Honduras. The Joint Inter-Agency Task Force South, based at Howard, which coordinates antidrug operations, was being shut down this week and merged with the Joint Inter-Agency Task Force East with headquarters in Key West, Duany said. Less coverage Ana Maria Salazar, the Pentagon's deputy assistant secretary for drug enforcement policy, acknowledged Tuesday in testimony before a House committee in Washington that there will be an initial ``degradation'' of antidrug operations because of the shutdown of Howard. She estimated that current coverage of the Caribbean region is only half of what it was two years ago. Salazar said the United States has been flying 2,000 counterdrug missions a year out of Howard. Salazar said operations should be up to 85 percent of that next year as a result of the Curacao, Aruba and Ecuador locations. If another location is established in Central America, she said it would boost surveillance to 110 percent of the 1997 level by 2001.
-------------------------------------------------------------------

Sick can apply for medical use of marijuana (The Toronto Star says the
Canadian government announced yesterday in the Ontario Superior Court of
Justice Harry LaForme guidelines for sick and terminally ill people to apply
for the right to use marijuana. However, Justice LaForme called the
guidelines seriously flawed because those who sell pot to sick people can
still be charged as illegal traffickers. "It's unfair. It's just patently
unfair," he said. Justice LaForme had summoned federal officials to his court
to explain what Ottawa is doing in response to a request by Toronto AIDS
patient Jim Wakeford to be granted an exemption from prosecution for drug
possession. Carole Bouchard, associate director of the federal drug
surveillance bureau, testified yesterday she still can't say when the
government will rule on Wakeford's application - or that of 19 other
Canadians. As part of the application process, Ottawa has asked Wakeford to
name his marijuana supplier.)

Date: Fri, 07 May 1999 09:46:55 -0400
To: mattalk@islandnet.com
From: Dave Haans (haans@chass.utoronto.ca)
Subject: TorStar: Sick can apply for medical use of marijuana
Newshawk: Dave Haans
Source: The Toronto Star (Canada)
Pubdate: Friday, May 7, 1999
Page: A30
Website: http://www.thestar.com
Contact: lettertoed@thestar.com
Authors: Barbara Turnbull and Tracey Tyler, Staff reporters

Sick can apply for medical use of marijuana

But judge calls new federal guidelines unfair

For the first time in Canada, the federal government has set up a process
for sick and terminally ill people to apply for the right to use marijuana
without fear of being prosecuted.

But the guidelines, unveiled yesterday, are already being called seriously
flawed because those who sell pot to sick people can still be charged as
illegal traffickers.

"It's unfair. It's just patently unfair," Mr. Justice Harry LaForme said
yesterday after a senior government official presented the new guidelines
in Ontario's Superior Court.

LaForme summoned federal officials to his court to explain what Ottawa has
been doing in response to a request by Toronto AIDS patient Jim Wakeford to
be granted an exemption from prosecution for drug possession.

The Toronto judge ruled last summer that Wakeford's constitutional rights
were violated because the Controlled Drug and Substances Act prohibits him
from using marijuana to alleviate AIDS-related nausea and pain.

But since the act provided for exemptions, LaForme said Wakeford should
apply for one from the government instead of the court ordering Ottawa to
provide one.

Wakeford, 54, wrote to Rock last September. But federal justice department
lawyers admitted yesterday no formal application and review process existed
until the drafting of the guidelines produced yesterday.

Carole Bouchard, associate director of the federal drug surveillance
bureau, testified yesterday she still can't say when the government will
rule on Wakeford's application -- or that of 19 other Canadians who have
made similar requests.

"One gets the impression," LaForme remarked, that Ottawa has reached even
this point "kicking and screaming."

As part of the application process, Ottawa has now asked Wakeford to name
his marijuana supplier.

Federal justice department lawyer Chris Amerasinghe said that doesn't mean
Wakeford would be forced to expose a trafficker.

"There are other sources," he said.

'What are they?" asked the judge.

"He can grow it," Amerasinghe said.

But Wakeford's lawyer, Alan Young, asked LaForme to find the application
process meaningless and grant his client an interim exemption from
prosecution so he "doesn't have to fear being treated like a common criminal."

"I can't believe the cruelty of this government," Wakeford said after the
hearing. "I'm sick. I'm scared. I need help not harassment."
-------------------------------------------------------------------

A tortuous reply to a dying man's request - 8 bureaucrats, 2 months (The
National Post version)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: Canada: A tortuous reply to a dying man's request
Date: Fri, 07 May 1999 16:12:32 -0700
Lines: 155
Newshawk: creator@mapinc.org
Source: The National Post
Contact: letters@nationalpost.com
Website: http://www.nationalpost.com/
Pubdate: Fri, 07 May 1999
Author: Adrian Humphreys

A tortuous reply to a dying man's request

8 bureaucrats, 2 months

It took eight bureaucrats more than two months to draft and send a
four-paragraph acknowledgement to a terminally ill man who was seeking
urgent special attention. And even then, the letter may be wrong.

The unusual glimpse into the inner workings of government was heard in an
Ontario courtroom yesterday.

The Byzantine path of the letter -- including misdirected mail, minor
revisions, multiple approvals, and drafts sent to several departments --
was traced in court documents filed in a case that is itself unusual: A man
dying of AIDS has applied for permission to legally smoke marijuana to ease
his nausea.

The apparent government bumbling would be humourous if the ramifications
were not so serious, said Jim Wakeford, the man at the centre of the case.

"It makes me profoundly sad. This is killing me."

The letter -- signed by Allan Rock, the Health Minister -- says Mr.
Wakeford's case will be given "careful attention" and "a reasonable
turnaround time."

Mr. Wakeford's application was filed Sept. 14, 1998, to Mr. Rock's
attention. It was sent in error to the ministry's Legal Services Unit,
according to a court document.

It then made its way to Carole Bouchard, associate director of the Bureau
of Drug Surveillance, a division of Health Canada, on Sept. 23. Ms.
Bouchard drafted an acknowledgement of receipt for the minister to sign and
on Oct. 5 sent it to L.B. Rowsell, director of the bureau, who reviewed it
and the next day sent it to Dann Michols, director-general of the
Therapeutic Products Directorate.

Mr. Michols and Dr. Joseph Losos, assistant deputy minister, Health
Protection Branch, reviewed the draft and sent it to the branch's Briefing
and Correspondence Unit on Oct. 9. The draft next went to the Department
Secretariat Division on Oct. 13 and was sent back to the Bureau of Drug
Surveillance on Nov. 5 for minor revisions. The new version was sent back
to Mr. Michols that same day. The revised draft "went through a similar
process" before forwarding to Mr. Rock's office.

The letter was printed on Minister of Health letterhead, dated Nov. 18,
1998, and signed by Mr. Rock.

Justice Harry LaForme, of the Ontario Court, general division, who is
hearing Mr. Wakeford's case, mused: "The wheels of government move slowly."

"What took so long?" Alan Young, Mr. Wakeford's lawyer, asked Ms. Bouchard,
in the witness box to explain Health Canada's position.

"It is the normal procedure," she replied.

Mr. Wakeford is the first of about 20 applicants seeking permission from
the minister of health to use marijuana under Section 56 of the Controlled
Drugs and Substances Act. The applicants suffer from ailments, including
Multiple Sclerosis and AIDS, whose symptoms some doctors say are alleviated
by marijuana. None has received a reply from the ministry.

Last year, Mr. Wakeford asked the court to strike down Canada's drug laws,
saying his constitutional right to life was infringed by the
criminalization of marijuana. Judge LaForme dismissed the case because of
the special exemption allowed under the never-before-used Section 56. But
Mr. Wakeford says there is no process in place to deal with his application
and it is sitting in bureaucratic limbo.

Mr. Young wants an interim constitutional exemption preventing police
prosecution of Mr. Wakeford until the issue is dealt with by the government
or the courts. Justice LaForme said he would rule on the case shortly.

TERMINAL PAPER CHASE:

JIM WAKEFORD

(Terminally ill AIDS patient)

Applies for help under the Controlled Drug and Substances Act.

Sept. 14: Sends letter to . . .

ALLAN ROCK

(Minister of Health)

Who forwards the letter to . . .

LEGAL SERVICES UNIT

Sept. 23: They forward to . . .

CAROLE BOUCHARD

(Associate director of the Bureau of Drug Surveillance, Health Canada)

Oct 5: Who writes draft for acknowledgement of receipt, sends it to . . .

L.B. ROWSELL

(Director of the Bureau of Drug Surveillance)

Oct. 6: Reviews the draft, then forwards it to . . .

DANN MICHOLS

(Director-general of the Therapeutics Products Program)

DR. JOSEPH LOSOS

(Assistant deputy minister, Health Protection Branch)

Oct. 9: They review draft, send it to . . .

BRIEFING AND CORRESPONDENCE UNIT

(in Health Protection Branch)

Oct. 13: Reviews draft, sends it to . . .

DEPARTMENT SECRETARIAT DIVISION

(in Health Protection Branch)

Nov. 5: Reviews draft, sends it to . . .

BUREAU OF DRUG SURVEILLANCE

Nov. 5: Reviews draft, makes minor revision, sends it back again to . . .

DANN MICHOLS

(Director-general of the Therapeutics Products Program)

Oct. 9: Reviews new draft version, sends it back again to . . .

ALLAN ROCK

(Minister of Health)

Nov. 18: Signs acknowledgement of receipt, sends it back to . . .

JIM WAKEFORD

Original letter writer

Gets letter promising "speedy action."
-------------------------------------------------------------------

Some See Benefits In Pot Plan (The Hamilton Spectator, in Ontario, says Ian
Stewart, the executive director of the Halton Alcoholism and Drug Addiction
Program, sees benefits in a proposal by the Canadian Association of Chiefs of
Police to decriminalize the possession of small amounts of marijuana. Stewart
doesn't think kids will rush to use marijuana if it is decriminalized because
"kids today chose to use marijuana and I don't think the thought races
through their head that they shouldn't partake because it is a criminal
offence." He expects his organization would become much busier if marijuana
offenders were forced into coerced treatment rather than prison.)

Date: Sat, 8 May 1999 00:00:22 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Canada: Some See Benefits In Pot Plan
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: creator@mapinc.org
Pubdate: Fri, 07 May 1999
Source: Hamilton Spectator (Canada)
Section: Burlington News N1 / Front
Copyright: The Hamilton Spectator 1999
Contact: letters@spectator.southam.ca
Website: http://www.southam.com/hamiltonspectator/
Author: Tony Fitz-Gerald

SOME SEE BENEFITS IN POT PLAN: DECRIMINALIZATION URGED FOR MINOR POSSESSION

The executive director of an alcohol and drug addiction program sees
benefits in a proposal to decriminalize the possession of small amounts of
marijuana.

Ian Stewart, executive director of The Halton Alcoholism and Drug Addiction
Program (ADAPT), expects his organization would become much busier if the
federal government agrees with a recommendation by the directors of the
Canadian Association of Chiefs of Police to keep people charged with
possession of small amounts of marijuana from clogging the court system.

Those people could be directed to treatment plans instead.

And Stewart doesn't think kids will rush to use marijuana if it is
decriminalized because "kids today chose to use marijuana and I don't think
the thought races through their head that they shouldn't partake because it
is a criminal offence."

He supports education and treatment, rather than handling possession of
small amounts of marijuana in the courts.

Halton Chief Ean Algar and Hamilton-Wentworth Chief Ken Robertson say police
are not advocating the legalization of any illicit drugs, including the
possession of marijuana. But they both support a recommendation by the
directors of their association -- and endorsed by the Ontario Association of
Chiefs of Police -- to decriminalize possession of small amounts of marijuana.

"What we actually recommended was the decriminalization of small amounts of
marijuana and other cannabis derivatives with some provisions," said Algar.
"It will still be illegal to possess, just not criminal (offence) to possess."

Robertson says the proposal does not mean people will be able to openly
possess or use drugs. He points to the current state of drug prosecution as
a problem area.

"They go to court and they get no penalty, not even a slap on the wrist.
They get an unconditional discharge, which means they don't have a criminal
record."

The chiefs believe it is an inappropriate resolution to the situation and
feel it would be better to decriminalize the offence of possession of small
amounts of marijuana. They want money put into prevention, education and
rehabilitation counselling.

"It's a health issue, a community issue and it's a policing issue," Algar
said. "It's something that requires a proactive approach. We are asking the
federal government to co-operate and bring those diversion alternatives along
with it."

Robertson said a person caught with a small amount of cannabis could be sent
to pre-court diversion, which could be a drug education awareness program or
even treatment.

Stewart sees benefits in any diversion-type program.

"If somebody caught with a small amount of marijuana is given a ticket with
the condition of having to go to ADAPT, a lot of people would be coming our
way," Stewart said. "In the past they may have gone through the court system
and never landed on our doorstep.

"Even if the result of having contact with us was a better understanding of
the risks associated with drug use, (it) would be a step in the right
direction. If it was a case of identifying a problem and getting help it
would be a net gain for everybody."

If the proposal is legislated into law by the federal government, anyone
accused of possession of a small amount of marijuana could be given a
ticket. They could sign a guilty statement and pay a fine without having to
be fingerprinted, photographed or forced to go through the court system.

It would mean the accused person would not have a criminal record, but their
names would be on some kind of registry in local data banks.

The plan will be submitted to members for a vote at the police organization's
annual meeting in August.

It was prompted because many marijuana charges processed by police deal with
simple possession. The proposal is meant to clear a backlog of drug cases in
the court system and allow police to concentrate their resources on
investigating more serious crimes.

Stewart says millions of dollars are spent each year on enforcement and in
theory if those costs are eliminated the money for enforcement could be used
for treatment or education.

"I don't know if any new money would be required," he said. "Maybe at the
end of the day we might be further ahead with money saved."

The recommendation doesn't specify what would constitute a small amount, but
currently, possession of less than 30 grams of marijuana is a summary
offence, which doesn't give an individual a criminal record.
-------------------------------------------------------------------

Re: Some see benefits in pot plan (A letter sent to the editor of the
Hamilton Spectator says diverting cannabis users away from clogged courts and
into our backlogged drug abuse treatment programs is ike mandating weight
loss programs for all chocolate consumers. It is something to consider only
when those who voluntarily seek treatment for opiate addiction start getting
treatment in a timely manner.)

From: creator@islandnet.com (Matt Elrod)
To: mattalk@listserv.islandnet.com
Subject: Sent: Canada: Some see benefits in pot plan
Date: Fri, 07 May 1999 13:05:50 -0700
Lines: 37

To the editor,

While it is understandable that Ian Stewart, the executive director of the
Halton Alcoholism and Drug Addiction Program, is enthusiastic about
taxpayers funding compulsory "treatment" for cannabis users, (Some see
benefits in pot plan, May 7), diverting cannabis users away from our
clogged courts and into our backlogged drug abuse treatment programs
is just robbing Peter to pay Paul.

Cannabis is not a physically addictive substance, nor is it particularly
habit forming. The Canadian Centre on Substance Abuse reports that less
than 1% of Canadian cannabis users are daily chronic consumers.
About 2% use once a week, while more than 80% use cannabis less than 40
times a year.

As for having cannabis users sign a statement of guilt, what would this
statement look like? I confess to occasionally using an ancient herb that
has never killed anyone, that has been described by one provincial court
judge as "relatively harmless" and by another as "remarkably benign". You
caught me red-handed with a substance that has been used by a majority of
our political party leaders. I am guilty of possessing a sample of Canada's
largest cash crop, a crop so plentiful and easy to grow that we are able to
export 80% of our harvest to the United States.

Granted, criminalizing all cannabis users to prevent cannabis "abuse" is
less efficient than criminalizing all fast food consumers, be they fit or
fat, to prevent obesity. But this new plan, mandating treatment for all the
cannabis users we can catch, be they chronic or casual, is like mandating
weight loss programs for all chocolate consumers. Hardly an improvement.
Something to consider only when those who voluntarily seek treatment for
opiate addiction start getting that treatment in a timely manner.

Matthew M. Elrod
Phone: 250-[867-5309]
4493 [No Thru] Rd.
Email: creator@islandnet.com
Victoria, B.C.
V9C-3Y1
-------------------------------------------------------------------

Ex-Governor Who Fled Mexico Linked To Top Drug Cartel (According to the
Chicago Tribune, the Mexico City daily Reforma said Thursday that Mario
Villanueva, the former governor of the Mexican state of Quintana Roo who has
not been seen since shortly before his term ended April 5, was probably a
high-ranking chief of the Juarez cartel, one of the country's most notorious
groups of alleged traffickers.)

Date: Fri, 7 May 1999 19:02:50 -0700
From: owner-mapnews@mapinc.org (MAPNews)
To: mapnews@mapinc.org
Subject: MN: Mexico: Ex-Governor Who Fled Mexico Linked To Top Drug Cartel
Sender: owner-mapnews@mapinc.org
Reply-To: owner-mapnews@mapinc.org
Organization: Media Awareness Project http://www.mapinc.org/lists/
Newshawk: Steve Young (theyoungfamily@worldnet.att.net)
Pubdate: May 7, 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/
Section: Sec. 1

EX-GOVERNOR WHO FLED MEXICO LINKED TO TOP DRUG CARTEL

MEXICO CITY -- Former Mexican state governor Mario Villanueva, allegedly on
the run after being accused of aiding drug traffickers, was probably a
high-ranking chief of one of the country's most notorious cartels,
newspapers reported Thursday.

Anti-drug official Mariano Herran Salvatti told journalists in Cancun that
agents expected to arrest Villanueva soon, with the help of international
police agency Interpol.

"The charges against Villanueva are for drug crimes of various types and
imply that he was a leader of the Juarez cartel," Herran Salvatti said,
according to the Mexico City daily Reforma. "We believe that we will be
able to locate Villanueva soon."

The Juarez cartel, with headquarters in the northern border city of Ciudad
Juarez, was considered Mexico's most powerful crime organization until the
1997 death of its leader, Amado Carrillo Fuentes, who flew passenger jets
full of cocaine to Mexico from Colombia.

The Juarez group is still one of the country's top cartels but its power
has been challenged by the Arellano Felix cartel of the northwestern border
city of Tijuana.

Villanueva has not been seen since shortly before April 5, the end of his
term as governor of the southeastern state of Quintana Roo.

Just after he disappeared, the Attorney General's Office brought formal
charges against him for allegedly helping drug traffickers turn Quintana
Roo's long Caribbean coast into a major landing post for Colombian cocaine.

Officials say Cancun also became a major money-laundering center during
Villanueva's term. Cancun is a major tourist resort, attracting some 2
million visitors, mostly U.S. citizens, every year.

The Attorney General's Office said Wednesday that Interpol was aiding the
search for Villanueva.
-------------------------------------------------------------------

The Week Online with DRCNet, Issue No. 90 (The Drug Reform Coordination
Network's original drug policy newsmagazine features these stories - Drench
passes 10,000 subscriber mark, 90th issue of Week Online; Congressional Black
Caucus chair calls for end of mandatory minimum sentencing, felony
disenfranchisement; Medical marijuana petitioners file federal suit, allege
threats, harassment at polling locations; Hyde, Conyers, Barr and Frank
introduce asset forfeiture reform bill; Mounties back Canadian marijuana
decriminalization effort; Special Report: Safe injection room opens in
Sydney; Australian perspective; Los Angeles: Citizens' fact finding
commission on US drug policy, 5/22-23; San Francisco: Medical marijuana
researcher to speak at forum, 5/25; and an editorial by Adam J. Smith on the
new DEA museum: A monument to failure.)

Date: Fri, 07 May 1999 02:31:48 +0000
To: drc-natl@drcnet.org
From: DRCNet (drcnet@drcnet.org)
Subject: The Week Online with DRCNet, Issue #90
Sender: owner-drc-natl@drcnet.org

The Week Online with DRCNet, Issue #90 -- May 7, 1999
A Publication of the Drug Reform Coordination Network

-------- PLEASE COPY AND DISTRIBUTE --------

(To sign off this list, mailto:listproc@drcnet.org with the
line "signoff drc-natl" in the body of the message, or
mailto:kfish@drcnet.org for assistance. To subscribe to
this list, visit http://www.drcnet.org/signup.html.)

This issue can be also be read on our web site at
http://www.drcnet.org/wol/090.html. Check out the DRCNN
weekly radio segment at http://www.drcnet.org/drcnn/.

The 12th International Conference on Drug Policy Reform is
next week! May 12-15, Bethesda, MD (outside Washington,
DC), sponsored by the Drug Policy Foundation, (202) 537-5005
or http://www.dpf.org for info.

Sign DRCNet's online HEA reform petition at
http://www.RaiseYourVoice.com!

TABLE OF CONTENTS

1. DRCNet Passes 10,000 Subscriber Mark, 90th Issue of Week
Online
http://www.drcnet.org/wol/090.html#10000

2. Congressional Black Caucus Chair Calls for End of
Mandatory Minimum Sentencing, Felony Disenfranchisement
http://www.drcnet.org/wol/090.html#clyburn

3. Medical Marijuana Petitioners File Federal Suit, Allege
Threats, Harassment at Polling Locations
http://www.drcnet.org/wol/090.html#jacksonville

4. Hyde, Conyers, Barr and Frank Introduce Asset Forfeiture
Reform Bill
http://www.drcnet.org/wol/090.html#forfeiture

5. Mounties Back Canadian Marijuana Decriminalization
Effort
http://www.drcnet.org/wol/090.html#mounties

6. SPECIAL REPORT: Safe Injection Room Opens in Sydney
http://www.drcnet.org/wol/090.html#sydney

7. Australian Perspective
http://www.drcnet.org/wol/090.html#australia

8. Los Angeles: Citizens' Fact Finding Commission on US
Drug Policy, 5/22-23
http://www.drcnet.org/wol/090.html#commission

9. San Francisco: Medical Marijuana Researcher to Speak at
Forum, 5/25
http://www.drcnet.org/wol/090.html#donabrams

10. EDITORIAL: A Monument to Failure
http://www.drcnet.org/wol/090.html#editorial

***

1. DRCNet Passes 10,000 Subscriber Mark, 90th Issue of Week
Online

This week saw a milestone in DRCNet's history: our Week
Online/action alert list has passed 10,000 subscribers!
Thanks to those of you who have been with us and helped get
the word out, and welcome to those of you who have just
arrived.

As our readership has grown, the cost of maintaining our
expanding programs has also grown. Your support is needed
now more than ever! Please consider taking a moment right
now to make a small donation or a large donation to the
cause. Just visit our online registration form at
http://www.drcnet.org/drcreg.html to donate by credit card
or to print out a form to mail in; or just send your check
or money order to: DRCNet, 2000 P St., NW, Suite 615,
Washington, DC 20036. Consider joining the monthly credit
card donation program!

Members donating $35 or more will receive a free copy of the
book "Shattered Lives: Portraits from America's Drug War.
Shattered Lives will sadden and anger you at the injustice
and self-inflicted tragedy of US drug policy. Or, members
donating $75 or more will receive a free copy of the video
"Sex Drugs and Democracy," by Red Hat Productions, a telling
examination of the Netherlands' pragmatic approach to social
issues.

A second milestone was reached this week, issue #90 of this
newsletter, The Week Online. Stay tuned this summer for
issue #100, and keep reading as DRCNet and the movement move
onward and upward!

***

2. Congressional Black Caucus Chair Calls for End of
Mandatory Minimum Sentencing, Felony Disenfranchisement

Representative James Clyburn (D-SC), chair of the
Congressional Black Caucus, used the occasion of the April
30th Washington DC Democratic Committee Awards Dinner to
list mandatory minimum sentencing and felony
disenfranchisement, along with the 2000 census, as the most
serious civil rights issues facing the nation today.
Clyburn, pointing to long-ignored recommendations of the
Federal Sentencing Commission that mandatory minimum
sentencing ought to be eliminated, noted that "something in
the milk ain't clean."

Rep. Clyburn, who is known as a moderate voice for the
Caucus, joins a growing list of Black leaders who have
recently taken issue with various aspects of the Drug War.
Last month, Black and Latino members of Congress were joined
by other Democrats in introducing legislation aimed at
studying the problem of racial profiling on highways, and
H.R. 1053, which would repeal the drug provision of the
Higher Education Act of 1998, has also drawn support from
members of the Caucus.

Representative Clyburn told The Week Online that the time
has come for society to face these issues.

"This mandatory minimum business is something has to be
addressed in this country. We cannot reduce judges to the
role of clerks in the courtroom. Judges need to be able to
have discretion and flexibility in sentencing. If you look
at what's happened in this country because of mandatory
minimums, our jails are filled to overflowing -- what used
to be a misdemeanor is now a felony, what used to result in
probation now results in a mandatory five year minimum. The
broader impact is clear as well. In places like Florida and
Alabama, more than 30% of African-American males are
ineligible to vote. Much of that is due to the sentencing
laws. We have to get serious and address this."

Asked whether the time had come to reexamine the basis of
America's drug policy, Representative Clyburn didn't
hesitate to say that it had.

"We're at the point where we have to take a hard look our
entire drug policy. I don't know the answers, and I'm not
claiming to have that sort of expertise. But I do know
this: If we continue to go the way we're going, we are
headed toward catastrophic consequences. We are the most
civilized nation, the most technologically advanced nation
on earth, yet we have the highest levels of incarceration.
These things just don't jibe. I believe that there's enough
ingenuity, enough intelligence to solve these problems, but
we haven't developed the good will and, in all honesty, the
willingness to solve them. And that's what we've got to
do."

***

3. Medical Marijuana Petitioners File Federal Suit, Allege
Threats, Harassment at Polling Locations

Floridians for Medical Rights, an independent, state-based
organization that is trying to gather the almost half a
million signatures required to get their issue on the
state's 2000 ballot, filed suit in federal court on
Wednesday against the Sheriff and Supervisor of Elections of
Jacksonville. The suit alleges a failure to abide by a
prior negotiated settlement to uphold the rights of
petitioners, resulting in threats and harassment at several
polling locations where they were legally attempting to
collect signatures. Floridians for Medical Rights has
called on the US Department of Justice to investigate the
matter.

According to FMR, petitioners outside of the polling
location at the First Southern Baptist Church were
approached first by a poll worker and later by Pastor Jack
Youngblood and ordered to leave. The petitioners displayed
the federal court settlement that they won after facing
similar difficulties at a different polling location in
November. Eventually, the police were called and, in an
exchange caught on audiotape, Sgt. Asa Higgs of the
Jacksonville Sheriff's Department told the petitioners that
they could not remain and collect signatures. When told of
the federal court settlement, Higgs replied, "I don't care."

The Week Online spoke with Pastor Youngblood who said that
his church doesn't "open our grounds for any issue to be
petitioned." He added that had he known of the possibility,
he would never have leased the space out as a polling
location. Pastor Youngblood called the petitioners "very
aggressive" and claimed that the 50 feet from the door
requirement was insufficient to keep the petitioners from
essentially blocking all access to the facilities, which
house a K-12 school, a college and the church, as well as
the polling location.

"I came out to intervene when I was informed of a petitioner
preaching to a fourteen year-old girl on the benefits of
marijuana use" he said.

Pastor Youngblood, however, blames the incident on outgoing
Jacksonville Supervisor of Elections Tommie Bell, who
claimed to have sent out election notices to all polling
locations. Pastor Youngblood claims that he never received
a notice, and that he canceled his church's participation as
a polling location on the very day of the election.

"I can't prove anything" said Youngblood, "but given the
problems that they (the FMR petitioners) apparently posed in
November, I believe that there was a decision made by the
Supervisor of Elections not to send those notices out,
rather than face the prospect of numerous churches declining
to participate in the election."

Youngblood also said that the state should go back to
requiring 200 or 300 feet of space between petitioners and
the entrance to polling sites. "Fifty feet doesn't help us
here. The way our facility is constructed, there's a choke
point between our two buildings that is fifty-five feet from
our entrance. That allows the petitioners to accost
everyone coming here for whatever reason. In the past, the
law was at least 200 feet. That would put them on the
outskirts of the parking lot and I'd have no problem with
it." He added, "This church has never surrendered the
sovereignty of our facility to any entity, governmental or
otherwise."

The suit seeks criminal prosecution of the officers involved
under Florida's election law, as well as an investigation
into the ongoing neglect by the Jacksonville Sheriff's
office and the supervisor of elections office to protect the
petitioners first amendment rights.

***

4. Hyde, Conyers, Barr and Frank Introduce Asset Forfeiture
Reform Bill

Press release from the Drug Policy Foundation:

WASHINGTON, May 4 -- Reps. Henry Hyde (R-IL), John Conyers
(D-MI), Bob Barr (R-GA), and Barney Frank (D-MA), last seen
bickering loudly during the House impeachment hearings, are
back together today in a much friendlier fashion. Each is a
cosponsor of the Civil Asset Forfeiture Reform Act, a bill
written by Hyde and scheduled to be introduced today. While
the bill has important policy implications, it will also be
fascinating to watch the old enemies come together around
something they all support. DPF has worked on civil asset
forfeiture issues for many years and supports the passage of
the Civil Asset Forfeiture Reform Act.

"Civil asset forfeiture is such a gross misuse of police
powers that it's easy to understand why lawmakers
representing a broad spectrum of ideologies are against it,"
DPF Senior Policy Analyst Scott Ehlers said. "Civil asset
forfeiture comes awfully close to being legalized theft."

Under the guise of fighting the war on drugs, law
enforcement officers can seize your home, car, or money
without ever charging you with a crime. Known as civil
asset forfeiture (CAF), it is one of the most abused police
powers in America today.

Civil asset forfeiture is based on the legal fiction that
the property that facilitates or is connected with a crime
is itself guilty and can be seized and tried in civil court
(e.g., United States v. One 1974 Cadillac Eldorado Sedan).
Under civil forfeiture law, the government can take a
person's property on the basis of "probable cause," which is
the same minimal standard required for police to obtain a
search warrant. In order to get the property returned, an
owner must prove by a "preponderance of the evidence" -- a
higher standard of proof -- that his/her property was not
used to facilitate a crime.

Whereas under criminal law the defendant is innocent until
proved guilty, in CAF proceedings the property is presumed
guilty and the owner has to prove otherwise to get it back.
CAF funds often turn into unregulated police slush funds.
When police departments are allowed to keep what they take,
CAF funds exist beyond the purview of legislative or
budgetary oversight so it's fairly common for police to
misuse CAF funds. Nearly a dozen newspapers have documented
this, including the Pittsburgh Press, which won a Pulitzer
Prize in 1991 for exposing CAF corruption.

"That police can take property without anyone being charged
or found guilty of a crime is an abomination," Ehlers said.
"Civil asset forfeiture basically provides police with a way
to run around the Constitution by allowing them to punish
someone without having to go through the criminal process."

A zeal for CAF funds has occasionally led to the use of
"profiling," the targeting of minorities by police which New
Jersey Gov. Christine Todd Whitman recently admitted was
standard practice among the New Jersey State Police. CAF-
related profiling has been documented in Louisiana, Florida,
Washington and Maryland.

Hyde's bill, which was blocked by a cash-loving Clinton
Justice Department in 1997, would make numerous changes to
civil forfeiture law, including:

* Forcing the government to prove that seized property is
related to a crime, as opposed to the current practice of
property owners having to prove that their property is not
guilty;

* Create an "innocent owner" defense, whereby property
owners unaware of criminal activity occurring on their
property could recover their property;

* Provide indigent defendants with appointed counsel; and

* Eliminate the cost bond requirement, which currently
requires property owners to pay up to $5,000 or 10 percent
of the seized property's value in order to contest the
seizure in court.

For more information, please contact DPF Deputy
Communications Director Tyler Green at (202) 537-5005.

(Follow DRCNet for an important forfeiture action alert
early next week; and visit Forfeiture Endangers American
Rights at http://www.fear.org for much more information
about asset forfeiture. Visit http://www.dpf.org to learn
more about the Drug Policy Foundation.)

***

5. Mounties Back Canadian Marijuana Decriminalization Effort

(reprinted from the NORML Foundation, http://www.norml.org)

May 6, 1999, Ottawa, Ontario: The Royal Canadian Mounted
Police (RCMP) announced their support for a recent proposal
to remove criminal penalties for the possession of small
amounts of marijuana. The RCMP said they "fully support"
the position adopted last month by the Canadian Association
of Chiefs of Police (CACP) in favor of decriminalizing minor
marijuana offenses. The CACP recommended that first time
marijuana offenders receive a ticket and pay a small fine in
lieu of arrest or criminal penalties.

Their proposal persuaded MP Keith Martin (Reform Party-
Esquimalt) to introduce legislation in the House of Commons
last week that would decriminalize marijuana.

For more information, please contact Allen St. Pierre or
Paul Armentano of The NORML Foundation at (202) 483-8751.
The RCMP's and CACP's position statements appear online at:
http://www.rcmp-grc.gc.ca/html/rcmp-cacp99.htm.

***

6. SPECIAL REPORT: Safe Injection Room Opens in Sydney
- Peter Watney, Australian Drug Law Reform Foundation

Wayside Chapel in Potts Point, Sydney, New South Wales, 500
meters from Kings Cross, the heart of Sydney night life,
opened a Safe Injecting Room which it has called the
Tolerance Room, or T-room for short, on 3rd May 1999.

The law in NSW states that anyone aiding and abetting the
consumption of illicit drugs is committing an offense
punishable with a fine of up to $2,200 or imprisonment for
up to 2 years.

The sponsors of the T-room include the Rev. Ray Richmond of
the Wayside Chapel, the pastors of a local Catholic, a local
Anglican, and a local Methodist Church, the Director of
Alcohol and Drug Services at St. Vincents Hospital, the
retired Member of the Legislative Council (Upper House of
the NSW Parliament) who chaired the Parliamentary Inquiry
into Safe Injecting Rooms, and have all appeared on
television outside the Wayside Chapel saying that if they
are convicted of aiding and abetting then so be it.

The Attorney General has said that this is clearly against
the law, and it is up to the police to investigate and to
bring charges if they find that the law has been broken.

The Premier of NSW has said that any action is up to the
police. The Prime Minister of Australia has glowered at the
cameras and said that it is clearly against the law and
"sends the wrong message,' but that it is a state, not a
federal, matter. Rev. Richmond has said that if they are
charged and convicted they will reopen the T-room.

Two European visitors, Dr. Robert Haemmig of Berne
Switzerland, who is involved with the Swiss heroin trials
and with safe injecting facilities in Berne, and Franz
Trautmann of the Trimbos Institute of Amsterdam were
included in the photo of the group announcing the opening of
the T-room.

They have pointed out that in the 20 plus years in the
Netherlands and in the 12 years in Switzerland and
Frankfurt, Germany that safe injecting rooms have been in
operation, there has not been a single overdose death in a
safe injecting facility, and that there is statistical
evidence that there has been no increase in drug use as a
result.

Franz Trautmann also pointed out to the media that the start
of the change in Netherlands policies was the opening of an
illegal safe injecting room in the basement of a Rotterdam
church. Furthermore, the European experience has been that
public order has considerably improved in the neighborhoods
of the SIFs, and that the police and local business have
been in favor of them. There has also been a marked
reduction in associated crime in the neighborhood of the
SIFs.

NSW lawyers have suggested that there is a probable defense
for Wayside Chapel sponsors and staff, if they are charged,
that it is a traditional function of the Church to provide
sanctuary, and that that is what the T-room is doing.

The Director of Public Prosecutions in NSW is on record as
supporting the concept of a heroin trial and of safe
injecting rooms, but has also pointed out that where an
offense is alleged and the evidence supports the offense, he
must prosecute. An interesting situation.

Although Australian Capital Territory is separate from NSW,
I and at least one other have involved ourselves in that we
have both signed a cheque in support of the project and I
have signed the supporting letter forwarding the money
subscribed by the Australian Drug Law Reform Foundation, and
there are several of us who will go to Sydney to help reopen
the T-room if it is closed down.

If it continues to operate and provides similar statistics
to those coming out of Europe, the Prime Minister will need
to explain how improvements to mortality, morbidity, social
conditions, public order and crime on the streets are a
worse message than the present feral mayhem.

(To get the latest on this straight from the Australian
media, go to http://www.news.com.au/ and click on "The Drugs
Debate" link at the bottom left hand corner of the page, or
link straight to:

http://www.theaustralian.com.au/index.asp?URL=/extras/013/index.htm

***

7. Australian Perspective

In the state of South Australia, Paul Rofe, the Director of
Public Prosecutions (similar in status to a US state
attorney general) said he had no objection to marijuana
being sold at the "corner deli," according to a story in The
Advertiser. Rofe made the comment at the Australasian
Conference on Drug Strategy held last week in Adelaide.

Rofe was also quoted as saying, "I am an addict of tobacco
and I'm told there is substantial medical evidence to prove
this product is killing me. Governments make hundreds of
millions of billions of dollars from the sale of tobacco
products. I ask myself why some of these governments set
themselves so strongly against the involvement in the supply
and distribution of illegal drugs, particularly cannabis.
And I think you can stretch the argument to heroin. We are
dealing with the legal drug situation -- alcohol and tobacco
-- much better than we are with the illicit."

According to today's issue of The Advertiser, two top public
prosecutors, Nick Cowdery, and Richard Refshauge, have
joined Rofe in calling for heroin to be given free to
addicts in safe injecting rooms to reduce crime and ease
overloaded courts. The prosecutors stated, "The
availability of free heroin on prescription to registered
addicts in safe circumstances would significantly reduce the
illicit market and consequently the large profits, the
motive for the commission of drug-related property crime."

***

8. Los Angeles: Citizens' Fact Finding Commission on US
Drug Policy, 5/22-23

Two day public forum sponsored by the Institute for Policy
Studies. Prominent speakers will discuss topics including
How the Drug Industry Operates, Government Corruption and
Complicity in the War on Drugs, and The Social Impact of
Drugs and the War on Drugs.

A panel of Commissioners will hear the testimony and issue a
final report, including former California Supreme Court
Justice Cruz Reynoso, former New York State Supreme Court
Justice Shirley Fingerhood, Santa Ana Superior Court Judge
James P. Gray, former US Magistrate Volney V. Brown, Jr.,
and National Prison Project Director-Emeritus Alvin
Bronstein, Esq.

The event will also include a reception and a benefit
showing of the award-winning movie Slam, with an
introduction by Producer/Co-Writer Richard Stratton.

Forums will be held at the University of Southern California
campus, West 34th St., between McLintock and Figueroa
Streets, 9:00am-6:00 on Saturday, 5/22 and 10:00am-1:00pm on
Sunday, 5/23. The fundraising reception will be held from
6:00-7:30pm on Saturday at the University Religious Center,
followed by Slam at 8:00pm in Room 201, Taper Hall. For
further information, contact Prof. Robert Benson, Loyola Law
School, (213) 736-1094 or Sanho Tree, Institute for Policy
Studies, (202) 234-9382, ext. 266.

***

9. San Francisco: Medical Marijuana Researcher to Speak at
Forum, 5/25

Prominent AIDS researcher Donald Abrams, MD, the only US
researcher currently conducting a clinical trial on medical
marijuana, will speak on "Medical Marijuana: Tribulations
and Trials" at a forum sponsored by The Lindesmith Center
West from 5-7 PM on May 25 at the San Francisco Medical
Society (1409 Sutter at Franklin). Dr. Abrams received a
grant from the NIH in October 1997 to conduct clinical
trials on marijuana's use by patients with HIV infection.
He is sure to present a lively and informative discussion of
the state of research into marijuana for medicine.

The forum will include a review of the medical uses of
marijuana, a review of the different pharmacokinetics
between oral and smoked THC, issues of concern for patients
with HIV, and an outline of the tortuous route Dr. Abrams
was required to take to gain approval for his study. Dr.
Abrams is chairman and principal investigator of the
Community Consortium, an association of Bay Area HIV Health
Care Providers, one of the pioneer community-based clinical
trials groups, established in 1985. He is the Assistant
Director of the AIDS Program at San Francisco General
Hospital and a professor of Clinical Medicine at the
University of California, San Francisco.

Physicians, students, health care and treatment providers,
patients, and members of the public are invited to the free
forum. Please phone the Lindesmith Center at (415) 921-4987
or email tlc-west@ix.netcom.com to reserve a space.

***

10. EDITORIAL: A Monument to Failure

Adam J. Smith, Associate Director, ajsmith@drcnet.org

On Monday, May 10, the Drug Enforcement Administration
Museum opens for viewing. The exhibit, housed within the
Pentagon City, Virginia headquarters of the twenty-five
year-old bureaucracy, presents the history of drug abuse and
drug enforcement in America. The photos and the placards on
its walls harken back to the turn of the century, the heyday
of patent medicines when elixirs of all kinds were sold
virtually without restriction. Many of these tonics owed
their soothing powers to ingredients such as cocaine or
opiates and, according to the exhibit, "by 1900... one of
every 200 Americans was addicted." Mostly housewives.

But for all of the museum's photographs of dead drug users
and displays of drug paraphernalia and tommyguns, the most
revealing feature comes at the end of the tour, where a
placard tells of the situation today, including the
emergence of multinational drug cartels and criminal
organizations "far more ruthless, corrupting and
sophisticated than anything seen heretofore in this
country."

The irony is likely lost on the gun-toting bureaucrats, but
it is rich, nonetheless. More than eight decades since the
first drug laws and a quarter-century after the creation of
the DEA, and despite millions of arrests and hundreds of
billions of tax dollars spent on the drug war, the
situation, on the whole, is undoubtedly worse than ever.
According to the government's own estimates, three out of
every two hundred Americans is a chronic user of either
heroin or cocaine, meaning that addiction is flourishing at
three times the rate of the bad old days, before the drug
laws and before the DEA.

Given the nature of bureaucracies, we may never know the
identity of the person who first came up with an idea for a
DEA museum, but we can assume that the person has a hell of
a sense of humor. At a cost to taxpayers of $350,000, the
exhibit stands as a monument to the futility of Prohibition,
and the impotence of even our best-armed and most well-
financed efforts to enforce it. Twenty-five years of rising
budgets and expanding power, of bigger arsenals and more
sophisticated technology. Twenty-five years of the best
laid plans, and yet, today, global crime syndicates, "more
ruthless, corrupting and sophisticated" than ever, amass
fortunes that dwarf the domestic products of many nations.

This week marks the opening of the Drug Enforcement
Administration museum on the main floor of that agency's
headquarters in Pentagon City, Virginia. Looking back at
the history of drug prohibition in America, maybe the person
who came up with the idea really was onto something.
Perhaps, one day, we'll be smart enough to recognize the
point that is being made here. And then we can turn the
whole building into a museum.

***

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DrugSense Weekly, No. 97 (The original summary of drug policy news from
DrugSense opens with the weekly Feature Article - David Broder mistakenly
thinks forced treatment will win the war on drugs, by Steve Young, MAP Focus
Alert specialist. The Weekly News in Review features several articles about
Drug War Policy - US exports zero tolerance; US antidrug campaign to be
closely monitored; New drug-war offensive showing encouraging results; Drug
wars, part two; and, Study: Cheaper heroin encourages addicts. Articles about
Law Enforcement & Prisons include - What happened when New York got
businesslike about crime; Drug war unfairly targets black community; Activist
jurors judge the law; Severity of drug laws troubles a jury foreman; and an
editorial: New Jersey's trooper scandal. Medical Marijuana news includes -
Therapeutic marijuana use supported while thorough proposed study done; Pot
cultivation charges dropped; and, Amber waves of hemp? why not? International
News includes - Canada: Weeding out Canadian criminals; Australia: Shot in
the arm for drug debate; and, Moral muddle in the drugs debate. The weekly
Hot Off The 'Net gives the URL for a great site compiling medicinal marijuana
science findings. The Tip of the Week notes the DPF Conference will be
available on RealAudio, so you can be there even if you can't be there. The
Quote of the Week features three scary citations from Bill Clinton, "Lover of
Liberty.")

From: webmaster@drugsense.org (DrugSense)
To: newsletter@drugsense.org
Subject: DrugSense Weekly, May 7, 1999, #97
Date: Fri, 07 May 1999 10:35:52 -0700
Organization: DrugSense http://www.drugsense.org/
Lines: 870
Sender: owner-newsletter@drugsense.org

***

DRUGSENSE WEEKLY

***

DrugSense Weekly, May 7, 1999 #97

A DrugSense publication http://www.drugsense.org/

This Publication May Be Read On-line at:
http://www.drugsense.org/dsw/1999/ds99.n97.html

NOTICE: The DrugSense Weekly will be taking a one week hiatus the week
of May 14, as many of our editors will be attending the Drug Policy
Foundation Conference in Bethesda MD.

TO SUBSCRIBE, UNSUBSCRIBE, DONATE OR UPDATE YOUR EMAIL ADDRESS PLEASE
SEE THE INFORMATION AT THE BOTTOM OF THIS NEWSLETTER

Please consider writing a letter to the editor using the email
addresses on any of the articles below. Send a copy of your LTE to
MGreer@mapinc.org.

***

TABLE OF CONTENTS:

* Feature Article

David Broder mistakenly thinks forced treatment will win the war on
drugs / by Steve Young - MAP Focus Alert Specialist

* Weekly News in Review

Drug War Policy-

(1) US Exports Zero Tolerance
(2) US Antidrug Campaign To Be Closely Monitored
(3) New Drug-War Offensive Showing Encouraging Results
(4) US TX: Drug Wars, Part Two
(5) Study: Cheaper Heroin Encourages Addicts

Law Enforcement & Prisons-

(6) What Happened When New York Got Businesslike About Crime
(7) Drug War Unfairly Targets Black Community
(8) Activist Jurors Judge The Law
(9) Severity of Drug Laws Troubles a Jury Foreman
(10) Editorial: New Jersey's Trooper Scandal

Medical Marijuana-

(11) Therapeutic Marijuana Use Supported While Thorough Proposed Study
(12) Pot Cultivation Charges Dropped
(13) Amber Waves Of Hemp? Why Not?

International News-

(14) Canada: Weeding Out Canadian Criminals
(15) Australia: Shot In The Arm For Drug Debate
(16) Moral Muddle In The Drugs Debate

* Hot Off The 'Net

Great Site Compiling Medicinal Marijuana Science Findings

* Tip of the Week

DPF Conference to be Available on RealAudio - Be There (even if you
can't be there.)

* Quote(s) of the Week

Bill Clinton "Lover of Liberty"

***

FEATURE ARTICLE

***

David Broder mistakenly thinks forced treatment will win the war on
drugs / by Steve Young MAP Focus Alert Specialist

Following the lead of many so-called "progressive prohibitionists,"
syndicated columnist David Broder has jumped on the coerced treatment
bandwagon. Broder wrote a column appearing in many newspapers this week
claiming that the war on drugs can be won, as long as anyone charged
with drug crime is forced into treatment, whether they are addicted or
not. In addition to treatment, extensive drug testing is also
recommended for those in treatment and those released from treatment.

While treatment may seem more humane than prison, coercion is
coercion. Recall that in the former Soviet Union psychiatrists and
mental hospitals were frequently used to "cure" those who dared to
challenge official state policies. While Broder seems to see this trend
coming directly from voters through initiatives like Arizona's
Proposition 200, it's interesting that he refers to other elements of
Prop. 200 as "controversial." Perhaps drug policy that doesn't involve
the state pressuring individuals to act against their own free will
continues to sound controversial to some people.

In addition to his endorsement to this highly questionable practice,
Broder shows a basic misunderstanding of the relation of drug policies
to the incarceration boom. "It long has been known that drug abuse is
the major factor in swelling our prison and jail population almost to 2
million," Broder writes. Well, Dave, not exactly. It's the policies
that are supposedly designed to deal with drug abuse that are crowding
prisons and jails.

Please write to the newspapers where Broder's column appeared to remind
readers that the only solution to drug problems is real reform, not
just changing the signs over prison gates to read "Official Drug
Treatment Center."

NOTE: The above feature refers to an article written in the Washington
Post. Please consider writing a letter to them using the information
below. Should you elect to take this action, you should write your
letter then visit the web page and paste it into the feedback form
provided:

To Win the War on Drugs

[snip]

Pubdate: Sun, 02 May 1999
Source: Washington Post (DC)
Copyright: 1999 The Washington Post Company
Page: B07
Address: 1150 15th Street Northwest, Washington, DC 20071
Feedback: http://washingtonpost.com/wp-srv/edit/letters/letterform.htm
Website: http://www.washingtonpost.com/
Author: David S. Broder

***

WEEKLY NEWS IN REVIEW

***

Domestic News- Policy

***

COMMENT: (1-5)

Loic Wacquant's brilliant analysis and chronology of the punitive
social policies which have evolved insidiously in the US and Western
Europe over the past 2 decades appeared in April Le Monde. The superb
translation available at the MAP URL should be studied by everyone
with a serious interest in drug policy.

Two good examples of the linkages Wacquant described are offered by
the next two articles. The WSJ lauds "responsible monitoring" of
McCzar's completely unproven multi billion dollar ad campaign, while
David Broder's widely distributed op-ed praised coercive "treatment"
as a solution for the problem of "drug crime" without any reference to
the fact that the "criminal" nature of drug use is itself a function
of a destructive and ineffective policy.

The thrust of the study described in the OC Register was not criticism
of our drug policy as a failure, but the suggestion that hard core
junkies are somewhat price-sensitive. Nevertheless, the last paragraph
discloses that $100 bought three times as much heroin in 1995 as it
did in 1988. Progress?

***

(1) US EXPORTS ZERO TOLERANCE

Penal 'common sense' comes to Europe

As gigantic industrial and financial mergers are sweeping across the
United States and Europe, to the seeming indifference of the
governments concerned, political leaders everywhere are vying with each
other to think up and implement new ways of cracking down on crime. The
mainstream media, often forgetting that urban violence is rooted in the
generalisation of social insecurity, contribute with their own biases
to defining these alleged threats to society. Many of the remedies
commonly proposed ('zero tolerance', curfews, suspension of social
allowances to offenders' families, increased repression of minors) take
their inspiration from the American model. And, as in the United
States, they are bound to lead to the extension of social control
compounded with exploding rates of imprisonment.

[snip]

This process originates in Washington and New York City, and reaches
Europe via London. It is anchored by the complex formed by the organs
of the American state that are entrusted with implementing and
showcasing "penal rigour". Among these are the federal Department of
Justice and the State Department (which proselytises, through its
embassies in each host country, ultra-repressive criminal justice
policies, particularly in regard to drugs), semi-public and
professional associations tied to the administration of police and
corrections. The media and the commercial enterprises that partake of
the business of imprisonment are also part of this process.

[snip]

Pubdate: April 1999
Source: Le Monde (France)
Copyright: by Le Monde, Paris 1999
Contact: courrier@lemonde.fr
Website: http://www.lemonde.fr/
Author: Loic Wacquant
Translation: Tarik Wareh(from French) for the English language edition
URL: http://www.mapinc.org/drugnews/v99.n466.a06.html

Note: Loic Wacquant is professor of sociology at the University of
California, Berkeley, and researcher at the Centre de sociologie
europeenne du College de France

***

(2) US ANTIDRUG CAMPAIGN TO BE CLOSELY MONITORED

The $2 billion federally sponsored campaign to keep kids from using
drugs is putting the government into the unfamiliar business of
measuring advertising effectiveness.

U.S. drug czar Barry R. McCaffrey, a retired four star general, knows a
lot about accountability in the military. Friday, he said he would hold
Madison Avenue to the same high standard.

"There are no points for style," Gen. McCaffrey said in an address to
the American Association of Advertising Agencies, many of whom provide
free creative work for the campaign, which was launched' in 1998.
"We've got to achieve an outcome. We have to change the way Americans
act," the general said at the group's annual meeting in Amelia Island,
Fla.

[snip]

Pubdate: Mon, 26 Apr 1999
Source: Wall Street Journal (NY)
Section: Advertising
Page: B10
Copyright: 1999 Dow Jones & Company, Inc.
Contact: letter.editor@edit.wsj.com
Website: http://www.wsj.com/
Author: Gordon Fairclough
URL: http://www.mapinc.org/drugnews/v99.n456.a06.html

***

(3) NEW DRUG-WAR OFFENSIVE SHOWING ENCOURAGING RESULTS

DECADES after America declared "war on drugs," there are encouraging
signs that we may be getting smart about how it can be won.

For years, the focus was on blocking shipments of heroin and cocaine
into the country. The effort continues, but so does the drug traffic.

When frustration with that approach bubbled over, the next move was to
crack down on the users. "Lock 'em up and throw away the key" became
the new mantra.

[snip]

McCaffrey agrees. In congressional testimony last week, he said it was
time to abandon the phrase "war on drugs," because "addicted Americans
are not the enemy. They require treatment. Wars are waged with weapons
and soldiers. Prevention and treatment are the primary tools in our
fight against drugs."

[snip]

Pubdate: Sun, 02 May 1999
Source: Houston Chronicle (TX)
Copyright: 1999 Houston Chronicle
Contact: viewpoints@chron.com
Website: http://www.chron.com/
Forum: http://www.chron.com/content/hcitalk/index.html
Author: David S. Broder
URL: http://www.mapinc.org/drugnews/v99.n467.a09.html

***

(4) US TX: DRUG WARS, PART TWO

The Houston-based Drug Policy Forum of Texas believes the U.S. war on
drugs is indefensible. To prove its point, the group is offering $500
to anyone willing to publicly and intellectually argue in favor of
current drug policy. The group is looking for an individual to defend
current drug laws - and argue in favor of punishing possession of
small amounts of marijuana - in at least one debate.

[snip]

Over the past few years the group, which favors decriminalization and
regulation of illegal substances, has contacted dozens of government
officials, elected representatives and civic leaders, but no one has
been willing to debate. So the group offered the reward. But still, no
takers. "We've had zero response," said Veley. "We can't find anyone
who will become informed on the subject and argue against changing the
law. Nobody will argue in favor of the current laws."

[snip]

Pubdate: Fri, 30 Apr 1999
Source: Austin Chronicle (TX)
Copyright: 1999 Austin Chronicle Corp.
Contact: louis@auschron.com
Website: http://www.auschron.com/
URL: http://www.mapinc.org/drugnews/v99.n470.a09.html

***

(5) STUDY: CHEAPER HEROIN ENCOURAGES ADDICTS

Drugs: The results pose the question: Would driving up the price
motivate some users to stop?

Washington-Heroin prices dropped in half from the late 1980s to
mid-1990s, driving up use by addicts, a study finds. The results are
significant because they suggest that addicts are sensitive to price
fluctuations, meaning drug policy that drives up prices could stem drug
use even among hard-core users, said the study's author, Dr. Peter
Bach, who did his work at the University of Chicago.

[snip]

In Los Angeles, $100 bought 267 milligrams; in Phoenix, 244 milligrams;
in San Francisco, 195 milligrams.... in 1988, $100 bought 29 milligrams
in Atlanta and 77 milligrams in Los Angeles.

Pubdate: Friday, 30 April 1999
Source: Orange County Register (CA)
Copyright: 1999 The Orange County Register
Contact: letters@link.freedom.com
Website: http://www.ocregister.com/
Author: Laura Meckler-The Associated Press
URL: http://www.mapinc.org/drugnews/v99.n465.a09.html

***

Law Enforcement & Prisons

***

COMMENT: (6-10)

Giuliani again. The ubiquitous NY Mayor earned high marks from WSJ
columnist Holman Jenkins in a column which was almost a textbook
illustration of the deceitful rhetoric exposed by Waquant's Le Monde
article. DPFT member Rick Day wasn't fooled by Giuliani in his op-ed
in the conservative DMN. A DPFT article in the DMN? Now, that's
progress

Two educational and generally favorable articles on the subject of
jury nullification appeared in the wake of Laura Kriho's (partial)
reversal by the Colorado Supreme court.

Finally, outrage over racial profiling by New Jersey state troopers
inspired both a self-righteous NYT editorial and a federal lawsuit,
without any recognition of the ironic implications: the profiling
is a direct consequence of federal drug policies.

***

(6) WHAT HAPPENED WHEN NEW YORK GOT BUSINESSLIKE ABOUT CRIME

Despite "reinventing government" and the ebb and flow of similar
management slogans equating government with business, the twain are
destined seldom to meet, as the Mayor of New York is discovering. Up
until a few months ago, Rudy Giuliani might have been known to history
as the one politician who took aim at a supposedly entrenched condition
of modern life, urban crime, and actually did something about it.

[snip]

"I'm trying to run the NYPD as you would a private corporation," said
Mr. Guiliani's first police commissioner, William Bratton. He used
words like "productivity" and made precinct captains directly
answerable for crime rates.

[snip]

Pubdate: April 28, 1999
Source: Wall Street Journal (NY)
Copyright: 1999 Dow Jones & Company, Inc.
Section: Business World
Contact: letter.editor@edit.wsj.com
Website: http://www.wsj.com/
Author: Holman W. Jenkins Jr.
URL: http://www.mapinc.org/drugnews/v99.n459.a02.html

***

(7) DRUG WAR UNFAIRLY TARGETS BLACK COMMUNITY

In a recent visit to Dallas, New York City Mayor Rudolph Giuliani spoke
to the Greater Dallas Crime Commission. The arch-conservative politico
chastised the Clinton Administration's lack of commitment to stopping
the flow of drugs across the border, even though a record 665,000
Americans were arrested in the U.S. last year for simple marijuana
possession.

[snip]

One of the last things the Dallas Police Department should exemplify is
a racially biased group such as Giuliani's finest. Unless the mayor and
City Council drastically change police policy, this racist trend will
continue, effectively destroying Dallas' black community, as it is
currently known.

Rick D. Day is a Dallas business owner and member of the Drug Policy
Forum of Texas.

Pubdate: Sun, 25 Apr 1999
Source: Dallas Morning News (TX)
Copyright: 1999 The Dallas Morning News
Contact: letterstoeditor@dallasnews.com
Website: http://www.dallasnews.com/
Forum: http://forums.dallasnews.com:81/webx
Author: Rick D. Day
URL: http://www.mapinc.org/drugnews/v99.n454.a07.html

***

(8) ACTIVIST JURORS JUDGE THE LAW

Movement Uses Jury Box To Work For Social Change

In courthouses across the country, an unprecedented level of juror
activism is taking hold, ignited by a movement of people who are
turning their back on the evidence they hear at trial and instead using
the jury box as a bold form of civil protest.

[snip]

If jurors vote not to convict because they don't believe the nation's
drug laws are fair, they may disguise their true feelings by simply
saying the evidence wasn't there or the prosecution didn't make its
case. Otherwise, they risk being ejected from the jury box.

But lawyers across the country are convinced that jurors are rejecting
the law -- in drug possession cases, in trials that lead to "three
strikes, you're out" or other stiff mandatory sentences, and in
situations that invoke evolving social values....

[snip]

Pubdate: Sat, 01 May 1999
Source: Denver Post (CO)
Copyright: 1999 The Denver Post
Contact: letters@denverpost.com
Website: http://www.denverpost.com/
Author: Joan Biskupic, The Washington Post
URL: http://www.mapinc.org/drugnews/v99.n472.a03.html

***

THE BIG CITY

(9) SEVERITY OF DRUG LAWS TROUBLES A JURY FOREMAN

A jury was being selected for a drug case, and as soon as I confessed
my occupation the prosecutor raised a question: did I have opinions on
drugs that would prevent me from being a fair juror? "Well, I have
opinions," I said, but I assured him I could set them aside. What else
could I say without professional embarrassment? "No, I'm such a biased
journalist that my judgment is hopelessly impaired."

But then I was not only picked for the jury but also appointed foreman,
and doubts set in.

[snip]

Within an hour we returned to the courtroom, and it was with a clear
conscience that I stood up and said, "Not guilty." We had followed the
judge's instruction not to discuss the severity of the prison sentence.

[snip]

Pubdate: Mon, 03 May 1999
Source: New York Times (NY)
Copyright: 1999 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/
Forum: http://www10.nytimes.com/comment/
Author: John Tierney
URL: http://www.mapinc.org/drugnews/v99.n474.a07.html

***

(10) EDITORIAL: NEW JERSEY'S TROOPER SCANDAL

The racial profiling and drug interdiction offenses at the New Jersey
State Police keep looking worse and worse. It was outrageous when state
troopers were found to be stopping and searching a disproportionate
number of black and Hispanic motorists on the New Jersey Turnpike in an
effort to intercept illegal drugs. Now it turns out that the State
Police have enlisted hotel workers along the turnpike to spy on guests
and report behavior as common as speaking Spanish. This civil liberties
nightmare has all the earmarks of a program that has spun out of
control. Thus it can only be welcome that the Federal Department of
Justice has decided that there are grounds to file a civil suit against
the State Police for racial discrimination...

[snip]

Pubdate: April 30, 1999
Source: New York Times (NY)
Copyright: 1999 The New York Times Company
Contact: letters@nytimes.com
Website: http://www.nytimes.com/
Forum: http://www10.nytimes.com/comment/
Author: Editor
URL: http://www.mapinc.org/drugnews/v99.n464.a02.html

***

Medical Marijuana

***

COMMENT: (11-13)

A turgid rehash of the craven IOM report appeared in JAMA. The only
one seemingly cognizant of that real patients have needs which are not
currently being met was the headline writer.

In Northern California, cultivation charges against Dr. Baldwin and
his wife were thrown out. This gratifying reversal of the execrable
string of judicial rulings in the trials of medical Cannabis users was
long overdue. The same judge will preside over the trial of Steve and
Michele Kubby.

The pressure for agricultural hemp continued from around the country.
The question now seems to be which state will be the first to defy the
feds and when?

***

(11) THERAPEUTIC MARIJUANA USE SUPPORTED WHILE THOROUGH PROPOSED STUDY DONE

Advocates for the medical use of marijuana received support recently
from Institute of Medicine (IOM), recommendations that clinical trials
and drug development should proceed. But its acceptance into the
general population of prescribed drugs appears to be years away-if it
happens at all.

[snip]

Pubdate: Wed, 28 Apr 1999
Source: Journal of the American Medical Association (US)
Copyright: 1999 American Medical Association.
Contact: JAMA-letters@ama-assn.org
Website: http://www.ama-assn.org/public/journals/jama/
Author: Mike Mitka
URL: http://www.mapinc.org/drugnews/v99.n465.a06.html

***

(12) POT CULTIVATION CHARGES DROPPED

Dentist And Wife Still Face Sales Accusation

By Dena Erwin, Journal Staff Writer

An Auburn judge dismissed marijuana cultivation charges against a
Rocklin dentist and his wife Wednesday, ruling their 146-plant garden
complied with a 1996 state initiative allowing use of the drug for
medical purposes.

[snip]

In making what could turn out to be a landmark ruling, Superior Court
Judge James D. Garbolino said Proposition 215 makes a patient exempt
from prosecution for cultivation once he obtains a physician's
recommendation.

[snip]

Newshawk: Steve Kubby http://www.kubby.com/
Pubdate: Thu, 28 Apr 1999
Source: Auburn Journal
Copyright: 1999 Auburn Journal
Contact: ElPatricio@aol.com
Address: 1030 High St., Auburn, CA 95603
Website: http://www.auburnjournal.com/
Author: Dena Erwin, Journal Staff Writer

***

(13) AMBER WAVES OF HEMP? WHY NOT?

The Lancaster County countryside is a contrast of old-farm charm and
modern-day despair.

And it's about to become the home turf for a heated debate on an illegal
crop that some say could be the salvation of struggling farmers.

Tucked among the meadows of grazing cows, the fields of cornstalks
reaching for the skies, are rows and rows of tobacco plants - a crop
that robs the soil of its nutrients, robs people of their lives and
robs farmers of their livelihoods.

Mary Jane Balmer has been a farmer most of her 60 years. In the heyday
of tobacco farming, Balmer's crop would bring in $2,000 an acre. Last
year, she made nothing.

Now she's looking at hemp as a possible crop.

[snip]

Pubdate: 1 May 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: Lauren Rooney
URL: http://www.mapinc.org/drugnews/v99.n467.a04.html

***

International News

***

COMMENT: (14-16)

In a week which saw Ontario legislators confess their youthful drug
use, MAP member Dave Haans had a column published in the Toronto Star
on the recommendation by Canadian chiefs of police to decriminalize
possession of small amounts of pot (opposed by rank and file police
union members).

In Australia, the fierce debate between hard-liners and harm
reductionists took a bizarre twist with the opening of a "stealth,"
church-sponsored shooting gallery with strict rules against smoking or
sharing of drugs by addicts.

Finally, in Scotland, the media admitted that heroin users were being
written off because of their drug of choice, even as overdose deaths
in Stathclyde headed toward another annual record.

***

(14) CANADA: WEEDING OUT CANADIAN CRIMINALS

Something of a miracle happened in Canada this month, in its
implications for our national drug policy.

The Canadian Association of Police Chiefs' board of directors agreed to
start pressing the federal government to decriminalize possession of
small amounts of marijuana and hashish.

The reason? Canada's courts are backlogged with thousands of minor
possession cases, and police across the country are finding themselves
without the resources to go after traffickers and other more serious
criminals.

[snip]

Pubdate: Fri, 30 Apr 1999
Source: Toronto Star (Canada)
Section: Opinion
Copyright: 1999, The Toronto Star
Contact: lettertoed@thestar.com
Website: http://www.thestar.com/
Page: A25
Author: Dave Haans, graduate student studying drug policy issues at the
University of Toronto
URL: http://www.mapinc.org/drugnews/v99.n465.a04.html

***

(15) AUSTRALIA: SHOT IN THE ARM FOR DRUG DEBATE

NICK'S hypodermic, swab, tourniquet and foil of heroin are neatly laid
out in preparation for his hit. He is about to inject, but first he
reaches for a calming cigarette.

Big mistake: the nurse is on him immediately. "You can't smoke in
here," she says sternly, pointing to the rules posted on the wall. Nick
guiltily shoves the pack back in his pocket and gets on with shooting
up.

Such are the bizarre contradictions that arise when the heroin culture
collides with church rules.

[snip]

Pubdate: Tue, 4 May 1999
Source: Australian, The (Australia)
Copyright: News Limited 1999
Contact: ausletr@matp.newsltd.com.au
Website: http://www.theaustralian.com.au/
Author: Sally Jackson
URL: http://www.mapinc.org/drugnews/v99.n472.a11.html

***

(16) MORAL MUDDLE IN THE DRUGS DEBATE

Editorial comment

Is one drug abuser's life worth more than another's? Our moral sense
says no. Whether you take your text from Jesus' example in befriending
prostitutes and curing lepers, or from Rabbie Burns's assertion that "a
man's for a that", the message is the same: we are all equal.

By this token, the death of the teenager, Leah Betts, after taking
ecstasy is no more tragic than the deaths of the 80 people from heroin
overdoses in Strathclyde last year.

[snip]

Pubdate: Tue, 27 Apr 1999
Source: Scotsman (UK)
Copyright: The Scotsman Publications Ltd 1999
Contact: Letters_ts@scotsman.com
Website: http://www.scotsman.com/
Forum: http://www.scotsman.com/
URL: http://www.mapinc.org/drugnews/v99.n456.a07.html

***

HOT OFF THE 'NET

***

Great Site Compiling Medicinal Marijuana Science Findings

Thanks to Darral Good for informing us of this site:

http://www.medmjscience.org/

***

Two news items of particular interest that were too recent to make this
weeks edition:

Serbia: KLA Linked To Enormous Heroin Trade

URL: http://www.mapinc.org/drugnews/v99.n479.a12.html
Newshawk: tjeffoc@sirius.com (Tom O'Connell)
Pubdate: Wed, 5 May 1999
Source: San Francisco Chronicle (CA)
Copyright: 1999 San Francisco Chronicle
Contact: chronletters@sfgate.com
Website: http://www.sfgate.com/chronicle/
Forum: http://www.sfgate.com/conferences/
Author: Frank Viviano

***

A particularly egregious piece of drivel by Joe Califano just hit the
incoming news as we went to press. It should be posted by our ever
vigilant news editors by the time you have this issue

See: http://www.mapinc.org/drugnews/

Source: San Francisco Chronicle
Pubdate: May 6, 1999
Page: A27
Website: http://www.sfgate.com/
Contact: chronletter@sfgate.com

A Gauge of Distress With Public Schools / Joseph A. Califano Jr.

Tom O'Connell, who NewsHawked these pieces strongly encourages letters
of response on one or both of these articles.

***

Tip of The Week

***

DPF Conference to be Available on RealAudio - Be There (even if you
can't be there.)

DPF will be taping the highlights for the Conference and will be
posting a RealAudio archive of the tapes to the DPF website shortly
after the conference. Keep an eye on the website for an update.

http://www.dpf.org/

***

QUOTE(S) OF THE WEEK

***

Bill Clinton "Lover of Liberty"

"If the personal freedoms guaranteed by the Constitution inhibit the
government's ability to govern the people, we should look to limit
those guarantees."

President Bill Clinton, August 12, 1993
http//fennel.assumption.edu/view/1998/view0498.htm

***

"The United States can't be so fixed on our desire to preserve the
rights of ordinary Americans..."

President William Clinton, March 1, 1993
during a press conference in Piscataway, NJ

Source: Boston Globe, 3/2/93, page 3
Source: USA Today, March 11, 1993

***

"When we got organized as a country and we wrote a fairly radical
Constitution with a radical Bill of Rights, giving a radical amount of
individual freedom to Americans, it was assumed that the Americans who
had that freedom would use it responsibly.... [However, now] there's a
lot of irresponsibility. And so a lot of people say there's too much
freedom. When personal freedom's being abused, you have to move to limit it."

President Bill Clinton
MTV's "Enough is Enough" 3-22-94

***

DS Weekly is one of the many free educational services DrugSense offers
our members. Watch this feature to learn more about what DrugSense can
do for you.

TO SUBSCRIBE, UNSUBSCRIBE, OR UPDATE YOUR EMAIL ADDRESS:

Please utilize the following URLs

http://www.drugsense.org/hurry.htm

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News/COMMENTS-Editor: Tom O'Connell (tjeffoc@drugsense.org)
Senior-Editor: Mark Greer (mgreer@drugsense.org)

We wish to thank all our contributors, editors, Newshawks and letter
writing activists.

NOTICE:

In accordance with Title 17 U.S.C. Section 107, this material is
distributed without profit to those who have expressed a prior
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See http://www.mapinc.org/hawk.htm for info on contributing clippings.

***

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We incur many costs in creating our many and varied services. If you
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