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Restore-Digest Saturday, July
13 2002 Volume 2002 : Number 134
Today's Restore Hemp News Nevada
DAs Oppose Legalizing Marijuana
NV: DEA Director Criticizes Marijuana Ballot Measure UK: Wire: Media Smoked Up As Britain Goes Soft On Cannabis Canada: Pot Jail Terms To Go Up in Smoke? MI: Drug Initiative Almost On Ballot Alternet: Fleeing North Date: Fri, 12 Jul 2002 22:13:31 -0700 Subject:Nevada DAs Oppose Legalizing Marijuana Up TOC Newshawk: http://www.lp.org/issues/drug-war-task-force.html Pubdate: Fri, 12 Jul 2002 Source: Las Vegas Sun (NV) Copyright: 2002 Las Vegas Sun, Inc Contact: letters@lasvegassun.com Website: http://www.lasvegassun.com/ Details: http://www.mapinc.org/media/234 Author: Cy Ryan NEVADA DAS OPPOSE LEGALIZING MARIJUANA CARSON CITY -- The Nevada District Attorney's Association has voted to oppose a proposed constitutional amendment to permit the possession of small amounts of marijuana by adults. Churchill County District Attorney Arthur Mallory, president of the association, said the prosecutors feel marijuana is a "gateway drug" and people who use it go on to try more serious narcotics. The proposed amendment, he said, would also conflict with federal law, which holds that marijuana is a controlled substance. "We would be tilting at windmills," Mallory said today. Billy Rogers of the Marijuana Policy Project in Washington said he doubts the amendment would cause major problems with federal authorities. Mallory said the federal government closed a business that dispensed marijuana in California. Rogers, however, said the California law was vague and did not set any standards. The secretary of state's office said this week the backers of the marijuana petition have gained sufficient signatures to put the issue on the ballot in November. It would have to be passed this year and again in 2004 to become law. "The success of our petition drive provides solid evidence that most Nevadans think it's a waste of their tax dollars to arrest people for small amounts of marijuana," Rogers said. "Nevadans support this initiative because it allows law enforcement to spend its time and resources tracking down terrorists, murderers, rapists and other violent criminals. "It also puts strict controls on those who use marijuana, banning its use in public and penalizing those who drive dangerously under the influence." The petition would allow anyone 21 or older to possess three ounces or less of marijuana without being charged with a crime. It would permit the Legislature to set up "pot shops" to sell the drug. Marijuana would be taxed like cigarettes. The proposal also calls for low-cost medical marijuana to be available to seriously ill Nevadans. The amendment would prohibit the shipping of marijuana into or out of the state unless the federal law was changed. Mallory also said the district attorneys agreed to support the recent decisions by the U.S. Supreme Court on the death penalty regarding mentally retarded people and three-judge panels. He said Clark County District Attorney Stewart Bell was attending a national conference, so the votes by the Nevada association may not reflect his views. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Keith Brilhart ** web: http://www.crrh.org/ ------------------------------ Date: Sat, 13 Jul 2002 10:21:32 -0700 Subject:NV: DEA Director Criticizes Marijuana Ballot Measure Up TOC Newshawk: http://www.lp.org/issues/drug-war-task-force.html Pubdate: Thu, 11 Jul 2002 Source: Reno Gazette-Journal (NV) Copyright: 2002 Reno Gazette-Journal Contact: rgjmail@nevadanet.com Website: http://www.rgj.com/ Details: http://www.mapinc.org/media/363 Author: Elaine Goodman DEA DIRECTOR CRITICIZES MARIJUANA BALLOT MEASURE The director of the federal Drug Enforcement Administration denounced Thursday a Nevada ballot measure that would legalize the possession of small amounts of marijuana, saying it would bring the wrong type of tourists to the state. Director Asa Hutchinson said the initiative, if passed by voters, would encourage teens to experiment with drugs and put Nevada in conflict with federal law. "That would leave Nevada with one of the most liberal policies on drugs. - What kind of tourism will Nevada attract?" Hutchinson said. Hutchinson said the initiative is the work of a national group that wants to see marijuana completely legalized - not a grassroots effort of Nevadans. Hutchinson was at the Reno Convention Center as part of a 30-state tour called "Meth in America: Not in Our Town." He addressed the national Elks convention, receiving a standing ovation from thousands of conventioneers. In another speech to local, state and federal officials, Hutchinson said methamphetamine is different from other illegal drugs because much of it is produced in the United States. "We can't blame methamphetamine on our South American neighbors," Hutchinson said. Meth labs leave behind toxic byproducts that are costly to clean up, according to the DEA. And many meth labs are in homes with children, who not only witness the illegal activity, but often end up with drugs in their system, Hutchinson said. Hutchinson praised Nevada lawmakers for tightening controls on pseudoephedrine, a key ingredient in methamphetamine recipes. Hutchinson called for more drug testing in the workplace, and employee assistance programs for workers found to be using drugs. About 75 percent of drug users are employed, he said. Although Hutchinson's talk focused on methamphetamine, reporters who met with him afterward wanted to know his views on the marijuana initiative. The measure, which qualified Tuesday for the Nov. 5 ballot, would legalize adult possession or use of 3 ounces or less of marijuana. In 2001, state legislators relaxed marijuana laws by making possession of less than an ounce a misdemeanor. Nevadans approved the use of medical marijuana in 2000. Hutchinson said although he opposes Nevada's marijuana initiative, his office won't campaign against it. But if opposition forms against the ballot measure, Hutchinson said his office would be willing to help by providing information. Hutchinson said some mistakenly believe that marijuana is not harmful. But more teen-agers seek treatment for marijuana abuse than for any other drug, including alcohol, he said. DEA agents seized 42 kilograms of methamphetamine in Nevada last year, up from 24 kilograms in 2000 and 31 kilograms in 1999. Fifty-two percent of the DEA's drug investigations in Nevada are methamphetamine cases, officials said. Federal, state and local officials shut down 255 meth labs in Nevada last year. Despite the seizures, methamphetamine still is readily available locally, said Theresa Lemus, executive director of Northstar Treatment and Recovery Center in Reno. Northstar treated more than 3,000 patients last year, and more than 75 percent of those were meth abusers, Lemus said. The effects of methamphetamine addiction are devastating, Lemus said, ranging from medical and dental problems, trouble with the law and families that fall apart. And methamphetamine use cuts across age groups and economic levels, she said. "This is not confined to lower-class populations in any way, shape or form," Lemus said. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Beth ** web: http://www.crrh.org/ ------------------------------ Date: Sat, 13 Jul 2002 10:24:14 -0700 Subject:UK: Wire: Media Smoked Up As Britain Goes Soft On Cannabis Up TOC Newshawk: Jane Marcus Pubdate: Thu, 11 Jul 2002 Source: Reuters (Wire) Copyright: 2002 Reuters Limited Author: Jeremy Lovell MEDIA SMOKED UP AS BRITAIN GOES SOFT ON CANNABIS LONDON - British media took a dim view on Thursday of the government's decision to ease penalties on cannabis users in the face of a dramatic rise in the drug's use. Home Secretary David Blunkett, confirming months of speculation, told parliament Wednesday cannabis would be downgraded to a Class C drug, putting it in the same category as anabolic steroids and growth hormones. Britons, among the heaviest users of weed in Europe, will soon be able to own and smoke small quantities in private without fear of prosecution as a result of the law change. "Blunkett gambles with our children," thundered the Sun tabloid across its front page. "The Home Secretary is taking one of the biggest risks of his career," it added in an editorial. Opposition politicians accused the Labor government of sending mixed messages to the young, making it unclear whether the government believed smoking dope was good or bad. The government was downgrading but not decriminalizing possession or usage. At the same time it was doubling to 10 years the possible jail term for dealing in cannabis, they noted. The Times took a somewhat calmer but nonetheless damning view of the announcement that follows a trial of softened police approach to the drug in the crime-ridden south London suburb of Brixton. "The Blunkett formula is not entirely inconsistent, merely hypocritical," it said in an editorial. "It is very unlikely to be dangerous, but it is quite unnecessarily muddled." The right-leaning Daily Telegraph simply wrote off the government initiative as "Dopey policy." "Blunkett is trying to get the best of both worlds. Unfortunately, he seems much more likely to end up with the worst," it added. A report published late last year showed cannabis is the most commonly used illegal drug in the 15-nation European Union, with at least 1 in 10 adults in the bloc having used it. Some 5 million people in Britain regularly use cannabis, and government data shows its use has risen sharply over the past two decades. "Spliffing!" observed the Daily Mirror tabloid. "It is hard to over-estimate the magnitude of this error, the lethal threat it poses to our children, and the depth of ignorance and sheer willful irresponsibility that it represents on the part of the government," the Daily Mail said. But the left-leaning Guardian rode to the rescue of Blunkett, praising his foresight and courage in bowing to the inevitable. "Blunkett the brave," it headlined its editorial. "The minister has declined to downgrade Ecstasy from categories A to B, as reformers wanted, but Blunkett has made a good start." __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Beth ** web: http://www.crrh.org/ ------------------------------ Date: Sat, 13 Jul 2002 10:25:16 -0700 Subject:Canada: Pot Jail Terms To Go Up in Smoke? Up TOC? Newshawk: Join CMAP (http://www.mapinc.org/cmap/lists.htm) Pubdate: Sat, 13 Jul 2002 Source: Ottawa Sun (CN ON) Copyright: 2002, Canoe Limited Partnership Contact: oped@ott.sunpub.com Website: http://www.fyiottawa.com/ottsun.shtml Details: http://www.mapinc.org/media/329 Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) Sun Flashes POT JAIL TERMS TO GO UP IN SMOKE? Justice Minister Martin Cauchon is considering relaxing Canada's marijuana laws to make possession punishable by a fine instead of a prison sentence, the Canadian Press has learned. But Cauchon's plans do not include making the drug legal, said highly placed sources in the Justice Department. Trafficking would continue to draw harsher punishments, the sources said. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Jackl ** web: http://www.crrh.org/ ------------------------------ Date: Sat, 13 Jul 2002 10:28:32 -0700 Subject:MI: Drug Initiative Almost On Ballot Up TOC from Ben Livingstone hemp.net Title: Drug Initiative Almost On Ballot Author: John Wisely Source: The Oakland Press Contact: john.cusumano@oakpress.com Website: http://www.zwire.com/site/news.asp?brd=982 Pubdate: Thursday, July 11, 2002 An amendment to the Michigan Constitution that would overhaul state drug laws is one step closer to appearing on the November ballot. Representatives of the Michigan Drug Reform Initiative said they submitted 454,584 signatures to the Secretary of State Bureau of Elections on Friday. The group needs about 302,000 valid signatures to qualify for the ballot. "We're very confident," said Dave Fratello, a spokesman for the initiative. "We do (signature) validation checks along the way, and it was very high in Michigan, about 75 percent. With these signatures, we would be with a 65 percent rate." Signatures can be invalidated for a variety of reasons. Petition drives typically turn in additional signatures to make up for any that are found to be invalid. Elizabeth Boyd, spokeswoman for Michigan Secretary of State Candice Miller said the Bureau of Elections will review the signatures to validate them. "They'll make a recommendation to the state Board of Canvassers, who will decide if it goes on the ballot," Boyd said. The proposal would: * Eliminate mandatory minimum sentences in drug crimes, except for people convicted of making a net profit of $500,000 selling drugs. * Establish an independent commission to set sentencing guidelines for users and low-level dealers. * Allow resentencing for convicts serving mandatory sentences. * Require drug treatment for anyone caught with drugs for personal use and allow the defendant to choose treatment over prosecution. * Require the state to spend at least $18 million per year on drug treatment. (Michigan currently spends about $150 million per year on treatment, according to state drug czar Craig Yaldoo.) Fratello said the measure shifts the focus of the drug war away from incarceration and toward drug treatment. Opponents call it a Trojan horse that decriminalizes drugs. They say it eliminates penalties for drug possession and gives drug dealers a pass. Prosecutors say it is impossible to prove how much net profit a drug dealer makes because they don't keep financial statements and they could deduct expenses like hitmen and bribes. The $500,000 limit is indexed for inflation, under the proposal. "How do you prove that someone made a net profit of $500,000 or more?" asked Novi district Judge Brian McKenzie, an outspoken opponent of the measure. "Why do drug dealers get their crimes indexed for inflation. No other financial crime in Michigan is indexed for inflation." Fratello acknowledges his organization paid workers to collect the signatures and will spend more on a statewide campaign in the fall to get the measure approved. But he said polling conducted by backers of the proposal show Michigan voters approve its goals. McKenzie said he worries that an advertising blitz paid for by wealthy backers of the initiative could prove successful. "I think 30-second commercials can overwhelm the truth," McKenzie said. "They tell people that it will increase penalties for drug dealers and provide treatment. It does neither. They don't tell people that possession of heroin, crack and ecstasy will now be 60-day misdemeanors." McKenzie said if the measure is approved, teens caught with crack cocaine will face a lighter penalty than those caught with tobacco. "What kind of message does that send to kids?" McKenzie asked. Fratello said polling conducted in November showed Michigan residents approve the goals of the measure. "We don't even start a campaign if the poll numbers aren't above 60 percent," he said. ** web: http://www.crrh.org/ ------------------------------ Date: Sat, 13 Jul 2002 10:33:25 -0700 Subject:Alternet: Fleeing North Up TOC Source: AlterNet Author: Ross Crockford, AlterNet Published: July 11, 2002 Copyright: 2002 Independent Media Institute Contact: info@alternet.org Website: http://www.alternet.org/ DL: http://www.alternet.org/story.html?StoryID=13578 FLEEING NORTH By Ross Crockford, AlterNet It's a different war, but it's having the same old consequences. In the 1960s, Americans fled to Canada to avoid fighting in Vietnam. Four decades later, American medical marijuana patients are crossing the border again, claiming they're political refugees from the U.S. government's war on drugs. "I'm a member of a class of society they're trying to oppress-or wipe out completely," says Renee Boje, from her home in Vancouver, British Columbia. Boje, 32, is probably the most famous American fugitive in Canada: the U.S. is currently trying to extradite her to face charges for conspiracy to cultivate hundreds of cannabis plants at the Los Angeles home of Todd McCormick, a cancer patient and medical marijuana activist. If convicted, Boje faces a mandatory minimum sentence of 10 years-a penalty so severe that she's become the poster child for the increasing numbers of U.S. citizens heading north to take advantage of Canada's liberal pot laws. "There are hundreds of Americans here," she says, "because they're being persecuted by their own government." Many of the refugees are quietly growing and using their own weed-the Vancouver-based B.C. Compassion Club, one of a dozen operating across British Columbia, alone estimates that over 100 of its 2,000 clients are Americans. But others, like Boje, haven't kept such a low profile. Over the past couple of months, several prominent U.S. activists have fled to British Columbia as well-including Steve Kubby, 56, the Libertarian Party's 1998 candidate for governor of California, and Ken Hayes, 34, who operated the 6th Street Harm Reduction Center in San Francisco. Kubby, who has adrenal cancer, faces a 120-day jail term for drug possession in California, which he says would kill him; in February, even though he was already in Canada, Hayes was charged with conspiracy to grow more than 1,000 plants and could be sentenced to at least 10 years. Both have formally claimed refugee status under United Nations conventions, arguing that they have a "well-founded fear of persecution" in the United States. Canadian immigration officials have decided there's enough substance to the claims that Kubby, Hayes, and their families may remain in the country until a final hearing a year from now. "U.S. officials have violated the law and intentionally targeted the leaders of the medical marijuana movement by using conspiracy charges," says Kubby, from his home on B.C.'s Sunshine Coast-just before he's due to read the daily news on pot-tv.net, an internet TV channel. "I'm being threatened with a death sentence. How can anyone justify that and say it's not an attempt to persecute me?" Understandably, comments like this have already won the refugees plenty of attention from Canadian news media -- and American officials as well. "Providing sanctuary to some of these people who see Canada as an easy place to escape the long leash of U.S. law enforcement is dangerous," said Robert Maginnis, a White House drug policy advisor, in a recent interview on Canada's Global TV network. "I would hope that the Canadian government would see fit to send them back to the U.S. so they can face charges, because we have, just like you do, a sovereign right over our citizens to enforce the laws of our land." The vast difference between how medical marijuana laws are applied in Canada and the U.S., however, partly explains the exodus. Although California voters passed Proposition 215, creating a Compassionate Use Act, in 1996, over the past two years the U.S. Drug Enforcement Agency has used federal law to raid and prosecute medical marijuana clubs across the state. In May last year, the U.S. Supreme Court upheld the DEA's actions, ruling that "marijuana has no medical benefits", and this June the U.S. government obtained an injunction shutting down the few remaining California clubs for good. The Canadian federal government, on the other hand, has granted permits to possess or grow marijuana to more than 800 Canadians who suffer from AIDS, cancer or multiple sclerosis. And Canadian courts, which aren't bound by mandatory minimums, are generally lenient on those who don't have permits: last month the B.C. Supreme Court stayed cultivation charges against a Vancouver man caught with 96 plants because he has AIDS and hepatitis; a few days later the same court gave an "absolute discharge" (i.e. no jail, fine, or criminal record) to the director of a compassion club who pleaded guilty to possession of five pounds of marijuana. Alex Stojicevic, the Vancouver lawyer representing Hayes, Kubby and several other American refugee claimants, says it's "nothing new" for U.S. citizens to flee to Canada to avoid drug charges-what's new is the U.S. crackdown on medical marijuana that accelerated after the Bush administration took office. His clients' argument, he says, is that they're being persecuted for holding a political opinion shared by a majority of California voters, but not by the feds. "Since Mr. Ashcroft became attorney-general and Mr. Bush the president, the view is that things are going to get worse," says Stojicevic. That's what's fueling this." Stojicevic admits it's unlikely many of his clients will ultimately win refugee status, because Canadian courts have consistently held that "the United States is still a country where the rule of law applies, and the real forum for complaining about these things is there, not here." However, a few Americans might be allowed to stay for compassionate reasons--earlier this year, Renee Boje married a Canadian, and they now have a four-month-old son. Stojicevic also notes that Boje's case is unique: while the other Americans will simply be ordered to leave Canada if their claims of persecution fail, the final decision to extradite Boje is up to Canada's minister of justice, who may consider (according to Canadian law) how "unjust and oppressive" it would be to send a young mother to 10 years in prison for watering some plants. Unfortunately, the U.S. activists have made a difficult situation even harder for themselves: in April, after one of them showed reporters a grow operation he'd started, neighbors complained and the Mounties arrested Kubby, Hayes and several others. (Hayes also says he was visited by a DEA agent based in Vancouver, who tried to intimidate him into returning "voluntarily" to the U.S.) They were released only after Marc Emery, the leader of the B.C. Marijuana Party and the owner of pot-tv.net and a giant marijuana seed bank, put up $5,000 bail. If convicted of cultivation and possession charges, each of the Americans could be ordered to leave Canada before the final hearings of their refugee claims. The refugees are unrepentant. "I don't want to go back to the United States," says Ken Hayes. "The people who are still there fighting are doing a noble thing ... but it's inevitable that wherever there's liberty, that's where people will seek to be." ** web: http://www.crrh.org/ ------------------------------ End of Restore-Digest V2002 #134 ******************************** Restore Hemp News Today Visit our sister site crrh.org
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