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Restore-Digest Monday, September
30 2002 Volume 2002 : Number 206
Restore News Today NV:
We Could Go Up In Smoke Over This
NV: Question 9 Enjoys POTpourri Of Support CA: Protesting For Pot AR: Asa and Me NV: Leaders Emerge In Nevada Campaigns For, Against Legalizing Pot Nevada Conference Examines Medical Marijuana Research, Politics CA: Judge Frees Medical-Pot Patient, Returns Stash Canada: Rifle-toting pot thieves arrested NV: Discussion About Pot Initiative Becomes Heated CA: Couple To Stand Trial On Marijuana Charges Date: Sun, 29 Sep 2002 10:25:48 -0700 Subject:NV: We Could Go Up In Smoke Over This Up TOC Newshawk: Vote YES on Question 9: www.nrle.org Pubdate: Fri, 27 Sep 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: Jeff German, the Sun's senior investigative reporter. Cited: Nevadans for Responsible Law Enforcement ( www.nrle.org ) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/find?162 (Nevadans for Responsible Law Enforcement) Bookmark: http://www.mapinc.org/find?163 (Question 9 (NV)) WE COULD GO UP IN SMOKE OVER THIS IF NEVADANS pass the ballot initiative legalizing marijuana in November and again in 2004, it would give new meaning to a joint session of the Legislature. The 2005 Legislature, you see, would be responsible for setting up a system to grow, distribute and regulate marijuana in Nevada. Lawmakers would be obligated to carry out the will of the people, even though those activities still would be illegal under federal law. "This would make Nevada a laughingstock," says Chief Deputy District Attorney Gary Booker, who's among those in law enforcement leading the charge against Question 9, the first ever pro-pot initiative in the country. But look at the upside. It almost certainly would revive the stand-up comedy careers of Cheech & Chong on the tourist-hungry Strip. To some degree Nevada already is a laughingstock. The national media in recent weeks has focused much attention on the Las Vegas-anchored campaign to legalize marijuana. A total of 110,000 Nevadans, 67,000 from the Las Vegas area, signed petitions to get Question 9 on the Nov. 5 ballot. Most Americans probably aren't surprised to hear that Sin City is at the heart of the initiative that would allow anyone over 21 to possess three ounces of marijuana. In Las Vegas, after all, gambling is legal, showgirls are topless and casinos encourage their guests to drink alcohol and smoke cigarettes to make them as comfortable as they can while they lose their money. Strippers can dance totally nude at adult nightclubs, and legal prostitution is 45 minutes away in Pahrump. If tourists don't want to make that drive, they can pick up the Yellow pages, browse through 102 pages of escort service advertisements and order an "entertainer" sent to their room. Even teen pregnancy and high school dropout rates here are among the highest in the nation. No wonder President Bush and Congress have decided to store the nation's deadly nuclear waste outside Las Vegas. How much worse could the city's image be if state-approved "Pot Marts" spring up on street corners? Sin City simply would have one more vice to attract tourists. The pothead visitor market, it turns out, has potential to become a big one. Billy Rogers -- the high-priced Texas strategist who's coordinating the ballot initiative for the Washington, D.C.-based Marijuana Policy Project -- says 80 million Americans have tried the drug and another 11 million use it regularly. That should bring a smile to the faces of Las Vegas Convention and Visitors Authority executives who probably already are eyeing marketing strategies to lure pot smokers to the Strip. You say Betty Crocker wants to host a brownie baking convention in 2005? The thought of getting a piece of the state's marijuana business also must be appealing to Las Vegas Mayor Oscar Goodman, who's always looking for innovative ways to raise money for his favorite charity, the city. Last year Goodman tried to sell the city's seal to an Internet gambling operation, and soon he'll be pitching Bombay Sapphire Gin to the nation on the city's behalf. Why not peddle some pot, too? There happen to be 61 acres of prime undeveloped land downtown that could be turned into a money-making marijuana farm. It could be the answer to the mayor's redevelopment prayers. Rogers says his organization, Nevadans for Responsible Law Enforcement (which doesn't have any visible law enforcement members), is primed for victory on Nov. 5. The Marijuana Policy Project has contributed $900,000 to the initiative since May, giving Rogers a huge campaign war chest to wage -- you guessed it - -- a grass-roots campaign to win over the hearts and minds of the voters. "I can tell you right now we are going to win this election for the simple reason that most Nevadans don't have a problem with responsible adults possessing small amounts of marijuana in their homes," Rogers says. The opposition, Nevadans Against Legalizing Marijuana (which actually has the support of law enforcement), doesn't share that opinion. But so far the group has collected a meager $100 to get its message out, though it plans to pick up the fund-raising pace. "It's David vs. Goliath," says group member Sandy Heverly, executive director of STOP DUI. "Fortunately we have a lot of Davids, and they're going to speak loud and clear when push comes to shove." Among those expected to support Heverly and law enforcement officers are two former governors, Richard Bryan and Bob Miller. On Friday the anti-marijuana forces held a news conference with retiring Sheriff Jerry Keller to rally the troops. Both candidates for sheriff, Bill Young and Randy Oaks, were among those on hand. "We don't need anymore negativity strewn about our community," Heverly says. "Bill Rogers and the people in his group view us as the armpit of the world and think they can come in here and destroy what values we have in this community." But will they be able to turn Nevada into the nation's laughingstock? Only if Nevadans fail to go to the polls on Nov. 5 to vote against Question 9. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Doc-Hawk------------------------------ Date: Sun, 29 Sep 2002 10:27:22 -0700 Subject:NV: Question 9 Enjoys POTpourri Of Support Up TOC Newshawk: Vote YES on Question 9: www.nrle.org Pubdate: Fri, 27 Sep 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: Erin Neff Cited: Nevadans for Responsible Law Enforcement ( www.nrle.org ) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/find?162 (Nevadans for Responsible Law Enforcement) Bookmark: http://www.mapinc.org/find?163 (Question 9 (NV)) QUESTION 9 ENJOYS POTPOURRI OF SUPPORT Question 9 proponents unveiled some friends in high places Thursday as the campaign message shifts to argue that the marijuana initiative would close a loophole in Nevada's medical marijuana law. Assemblywoman Chris Giunchigliani, D-Las Vegas, who carried the state's medical marijuana bill in the 2001 session, will chair a statewide steering committee for Nevadans for Responsible Law Enforcement. She's not the only lawmaker on the panel, either. Assemblyman Wendell Williams, D-North Las Vegas, is also on the steering committee. Other committee members are Andy Anderson, former president of the Nevada Conference of Police and Sheriffs; Republican Nye County Commissioner Dick Carver; Las Vegas attorney Laura Fitzsimmons; Bob Fulkerson of Reno, executive director of the Progressive Leadership Alliance; and Rabbi Richard Schachet of Henderson. The initiative would legalize possession of three ounces of marijuana for personal use in private places by those 21 and older. Proponents have used the popular medical marijuana law as an argument in favor of the legalization initiative. Giunchigliani said the initial medical marijuana law "isn't working" because there is nowhere for patients to get their marijuana. Billy Rogers, campaign manager for the initiative, said Question 9 has picked up steam since a statewide television ad campaign began. Rogers also said his polling suggests the initiative is ahead in both Clark and Washoe counties and even in the rural counties. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Doc-Hawk------------------------------ Date: Sun, 29 Sep 2002 10:28:08 -0700 Subject:CA: Protesting For Pot Up TOC Newshawk: Jo-D Pubdate: Thu, 26 Sep 2002 Source: New Times (CA) Copyright: 2002 New Times Contact: letters@newtimesslo.com Website: http://www.newtimesslo.com/ Details: http://www.mapinc.org/media/1277 Author: Daniel Blackburn Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) PROTESTING FOR POT The Medical Marijuana Controversy Heats Up In SLO County Native American Donovan No Runner approaches his current occupation of the San Luis Obispo County courthouse steps with historic zeal. He spends his days beneath a sweltering sun in front of the courthouse where he soon will appear before a judge, making a determined statement about the benefits of medical marijuana. Accompanied by his wife, Jami, and their infant child, No Runner, a Blackfoot Indian from Montana, awaits his Oct. 1 court date and hopes that in the interim he can help clarify the confused legal status of hemp use by California's ill. They have staked out the front steps of the courthouse in what No Runner called a "peaceful occupation for patients' rights." A small tent perched nearby serves as their temporary home while No Runner tries to emphasize what he calls an inequity of enforcement by the law. The camping couple sees their share of cynicism. As they talked to a reporter, three well-dressed men leaving the courthouse snickered openly as they walked past the makeshift encampment. No Runner, 23, of Grover Beach , will answer a simple possession citation despite holding a prescription for the drug from Northern California. No Runner suffers from bipolar and post-traumatic disorders, he said. "I sometimes think there's more concern about the tent than about the pot smoking," he said. He smokes the drug openly, whenever he feels the need. He said that last week two local narcotics officers walked by as he fired up a joint and they "gave the thumbs-up sign" before walking on. By his weeks-long vigil, he said he hopes that one day soon, medical marijuana users will get a fair shake from the law. That probably won't be happening soon, at least in the county's biggest city, San Luis Obispo, where No Runner was recently cited for possession of an ounce of pot after an officer found the weed in No Runner's possession. The marijuana was confiscated. "I doubt if the police will be giving it back to me," No Runner said, noting the bag of pot was worth $400. "We generally handle these kinds of cases according to the state Health and Safety Code," said Capt. Bart Topham of the San Luis Obispo Police Department. "Anyone found in possession of less than an ounce would get a ticket, and it would be up to the prosecutors to determine if the person has a legitimate prescription." Topham said police officers "are not in a position to even verify if a person has a valid doctor's prescription." "There is no way, particularly at night, to make such a determination at the time of the incident," he said. "State laws give police officers some discretion in these matters, but we have to go by the guidelines in the penal code. It's up to the district attorney's office to decide if there will be a prosecution." Topham agreed the problem is controversial. "But people shouldn't look to us to be judge and jury in these kinds of situations. We enforce the law." Patrol supervisor Capt. Dan Blanke said the situation locally is "serious only because it's controversial. Everyone involved, even the people who use pot for medical purposes, are trying to figure out the best and most appropriate way to handle this." Blanke said possession of pot "is still against state law. But we generally don't act unless there is a complaint." SLO Police Chief Jim Gardiner said the policy his department follows is similar to other law enforcement agencies in the county. "We have worked this out with the district attorney, and the policy that is in place now is that officers in the field will simply follow the law. The legislation (Proposition 215) doesn't give officers many alternatives to make decisions on this matter. The legislation says that people who have prescriptions from a doctor can use this as a defense in court." Widely disparate court decisions, both on federal and state levels, have helped create a confusing situation for law enforcement, and as a result many police jurisdictions simply issue the citations and let the justice system sort things out. Adding to the jumble is a California Supreme Court decision July 18 that declared that the use or cultivation of marijuana for personal medical use is protected from state prosecution as long as the person has a doctor's approval. The unanimous decision was the result of the high court's first review of Proposition 215, which California voters approved by a 56-44 margin in 1996. Federal prosecutors have refused to recognize the California initiative, despite its endorsement by voters. The California Supreme Court decision widens the gap, separating state and federal applications of the law to medical pot users. At present, people can be prosecuted in federal courts, but the new California court ruling means that legitimate physicians' prescriptions for pot use cannot be held to answer in state court. California is one of the nine states with so-called "compassionate" medical marijuana laws. The state high court's ruling on Proposition 215 was the first commentary on the matter. Until now, federal law has dominated enforcement practice, with U.S. drug agents often swooping down on medical marijuana suppliers, growers, and users with arrest warrants right in front of local police officers. Drug Enforcement Agency agents on Sept. 5 shut down the Wo/Men's Alliance for Medical Marijuana (WAMM), a cooperative run by and for patients in Santa Cruz. The city council responded by inviting WAMM to distribute medical marijuana to patients in the city hall courtyard on Sept. 17. No Runner said he believes the only real answer to the conflict "is in the hands of the people." "It's really up to individual patients and their supporters to set forth community standards, to help establish guidelines as to what can be done and what can't be done," he said. One of those supporters, San Luis Obispo resident Craig Steffens, sat nearby, shielded from the hot sun by a hat made of hemp. "I've been talking to city council people and members of the board of supervisors about passing a resolution to set more uniform standards for compliance with state law," he said. He was uncertain about his plan's future, he admitted. "Sometimes it's hard to get anyone to talk about it," he added. His proposed resolution seeks to "prevent costly and unnecessary law enforcement, judicial and correctional prosecution, and to prevent inconveniencing or placing patients and caregivers in peril." He hopes that a "standard operating procedure for compliance" will be established for those who have physicians' approval or recommendations for medical use of the substance. Meanwhile, No Runner and his family will maintain their 24-hour-a-day vigil, with the hope, he said, that someday soon such actions will be unnecessary. San Luis Obispo attorney Lou Koory will represent No Runner when his court date arrives. "Law enforcement now has some direction from the court," said Koory. "A defendant just has to raise a reasonable doubt in court. There's nothing more American than what Donovan No Runner is doing." __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Jo-D------------------------------ Date: Sun, 29 Sep 2002 10:34:37 -0700 Subject:AR: Asa and Me Up TOC http://arktimes.com/010525coverstoryb.html Asa and me I've wondered for years: What does Hutchinson know about Arkansas's biggest drug smuggler? And when did he know it? By Mara Leveritt May 25, 2001 Asa Hutchinson and I share a passion for the subject of drugs. As a crusading member of Congress, he talks a lot about them. As a reporter focused on crime, my writing centers on them. Hutchinson wants to intensify this country's war on drugs. I think three decades of failure have proven the war a disaster. Now President George W. Bush has nominated Hutchinson to head the DEA, the biggest drug-fighting squad in the world. But before Hutchinson assumes that post, there are some questions about high-level cocaine trafficking in Arkansas while he was a U.S. attorney here that he should be required to answer. The questions have hung about for years, but so far he has managed to dodge them. They relate to the period from 1982 to 1985, when Hutchinson served as the federal prosecuting attorney for western Arkansas. He speaks often of that time. "During the 1980s, our nation declared a war against drugs," he proclaimed in a 1997 speech to the House. "I was in that battle as a federal prosecutor. It was during that time that our families, our communities, and our law-enforcement officials mobilized in a united effort to fight this war." In another speech he observed, "I have seen the drug war from all sides - as a member of Congress, as a federal prosecutor, and as a parent - and I know the importance of fighting this battle on all fronts." But some strange things happened in Hutchinson's district while he was federal prosecutor that he doesn't mention in his speeches. Specifically, a man identified by federal agents as "a documented, major narcotics trafficker" was using facilities at an airport in Hutchinson's district for "storage, maintenance, and modification" of his drug-running aircraft, throughout most of Hutchinson's tenure. The man was Adler Berriman "Barry" Seal. For the last four years of his life - and throughout Hutchinson's term as U.S. attorney - his base of operations was Mena, Arkansas. In 1982, the year that Hutchinson took office as U.S. attorney and Seal moved to Mena, federal officials were already aware that he controlled "an international smuggling organization" that was "extremely well organized and extensive." Agents for the DEA, FBI, U.S. Customs, and IRS were watching him. They brought Hutchinson evidence that Seal was "involved in narcotics trafficking and the laundering of funds derived from such trafficking." I knew none of this in the early 1980s. At the time, this was highly secret information, known only to a handful of state and federal investigators and a few politicians, including U.S. Attorney Asa Hutchinson. My interest in the relationship between Seal and Hutchinson was piqued as I became aware of how heavily drug prosecutions fell on street- and mid-level dealers, while smugglers like Seal, who imported drugs by the ton, rarely ended up in prison. So when rumors surfaced about Seal and his organization, and how they had managed for years to avoid prison, even though the extent of their activities was well known to drug authorities, I wanted to know more. But getting the story has not been easy. In the early 1990s, I asked Hutchinson about Barry Seal and his associates at Mena. Hutchinson provided no information, and politely dismissed the complaints that had arisen by then about his failure to prosecute Seal. He said he had already resigned as U.S. attorney by the time the matter arose. Even then I knew better than that. Ignoring sidelong glances from some of my peers, who already equated drug smuggling at Mena with reports of life on Mars, I began collecting official accounts of what had happened there. My main thrust was an attempt to acquire, through the federal Freedom of Information laws, all the documents relating to Seal that were generated by the FBI. I wish now that I had gone after the DEA's records on Seal, but I was working in the dark. I knew that the FBI had been involved in Seal's case, so I began with what I knew. ------------------------------ Date: Sun, 29 Sep 2002 10:35:29 -0700 Subject:NV: Leaders Emerge In Nevada Campaigns For, Against Legalizing Pot Up TOC Newshawk: Vote YES on Question 9: www.nrle.org Pubdate: Fri, 27 Sep 2002 Source: Associated Press (Wire) Copyright: 2002 Associated Press Author: Ken Ritter, Associated Press Writer Cited: Nevadans for Responsible Law Enforcement ( www.nrle.org ) Cited: Marijuana Policy Project ( www.mpp.org) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/findUKP162 (Nevadans for Responsible Law Enforcement) Bookmark: http://www.mapinc.org/findUKP163 (Question 9 (NV)) LEADERS EMERGE IN NEVADA CAMPAIGNS FOR, AGAINST LEGALIZING POT LAS VEGAS - The debate about Nevada's marijuana decriminalization initiative escalated Friday as the two sides skirmished over who was backing the measure on November's ballot and what Question 9 would accomplish. Backed by the Clark County sheriff, a county prosecutor and an underdog candidate for governor, the head of a Las Vegas anti-drunken driving advocacy group waved a slingshot Friday and pledged a David-versus-Goliath fight against letting Nevada adults possess up to 3 ounces of marijuana. "We are not going to tolerate an invasion by people impersonating Nevadans who think they can pollute our community and state by legalizing marijuana," Sandy Heverly, Stop DUI leader, said after introducing the new group, Nevadans Against Legalizing Marijuana. The rally came a day after the organizer of Nevadans for Responsible Law Enforcement, which put the measure on the ballot, unveiled a campaign chaired by a state assemblywoman who insists that backers of the measure aren't a bunch of pot-loving hippies. "We're just everyday Nevadans who pay our bills, pay our taxes, take care of our families and take care of our animals," Chris Guichigliani, D-Las Vegas, said Friday. Others on the committee include state Assemblyman Wendell Williams, D-Las Vegas, Nye County Commissioner Dick Carver, and Bob Fulkerson of the Progressive Leadership Alliance of Nevada. Guichigliani said she agreed to head the group after proponents collected nearly 110,000 signatures to get the constitutional measure on the ballot. To take effect it would have to passed by voters Nov. 5 and again in 2004. Campaign manager Billy Rogers, a Texas native backed by the Washington, D.C.-based Marijuana Policy Project, argued during the petition drive that it is a waste of time and resources for law enforcement to prosecute minor pot offenders. In recent weeks, the debate has steered toward whether Nevada residents entitled to smoke pot under a 2000 state medical marijuana law can obtain the drug without resorting to back-alley deals. On Friday, Rogers cited Holly Brady, 49, a Las Vegas resident with multiple sclerosis who called marijuana essential to helping her cope with her debilitating symptoms but said she must get her marijuana illegally. "The initiative does two things," Rogers said Friday. "It protects responsible adults who possess small amounts of marijuana in the privacy of their own home, or under the care of a doctor." Gary Booker, a deputy Clark County district attorney and drunken-driving prosecutor, called the medical marijuana access argument a sham and drew cheers from the 100 people at Friday's rally. "They want to play on sympathies. They want to use sick people. We're not having it," Booker declared. Booker and Rogers have sparred for weeks, including a televised debate Wednesday during which Booker wrongly asserted that medical marijuana patients can get seeds from the state Agriculture Department to grow their own pot. The state agriculture office said no such program exists. Sheriff Jerry Keller, who will retire after the Nov. 5 election, told Friday's rally that legalizing pot would be "a public safety nightmare." Deputy Las Vegas police Chief Bill Young and Capt. Randy Oaks, the two leading candidates to replace Keller, both said they oppose Question 9. Heverly hoisted a pickle jar full of what she called fake pot and pledged a campaign featuring two former governors and a former state attorney general, a flurry of letters-to-the-editor and presentations to city councils and civic organizations around the state. Gubernatorial candidate Joe Neal, a Democratic state senator from North Las Vegas, said he doubted the backing and motives of the measure's proponents. "They have taken Nevada to be the beachhead for their cartel," Neal said. Until last year, Nevada had the strictest law in the nation, making it a felony to possess a single marijuana cigarette. Last year, the Legislature made possession of less than an ounce a misdemeanor. Supporters say it should be legal for adults 21 and older to possess up to 3 ounces of marijuana. The initiative would tax marijuana like cigarettes and other tobacco products, and allow it to be sold only in state-licensed shops. Public use would be banned and driving under the influence would be illegal. Minors would be prohibited from possessing the drug, and private individuals would not be allowed to sell it. __________________________________________________________________________ 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------------------------------ Date: Sun, 29 Sep 2002 10:36:24 -0700 Subject:Nevada Conference Examines Medical Marijuana Research, Politics Up TOC Newshawk: Vote YES on Question 9: www.nrle.org Pubdate: Sat, 28 Sep 2002 Source: Las Vegas Sun (NV) Webpage: http://www.lasvegassun.com/sunbin/stories/nevada/2002/sep/28/092810183.html Copyright: 2002 Las Vegas Sun, Inc Contact: letters@lasvegassun.com Website: http://www.lasvegassun.com/ Details: http://www.mapinc.org/media/234 Author: Martin Griffith, Associated Press NEVADA CONFERENCE EXAMINES MEDICAL MARIJUANA RESEARCH, POLITICS RENO, Nev. - Marijuana holds promising therapeutic value for a broad range of health patients, but further study is needed to determine what types of sufferers it can benefit, a conference of pain management experts was told Saturday. At a symposium held in conjunction with the American Academy of Pain Management's annual meeting, scientists discussed their latest research and the obstacles they face trying to develop marijuana for medicinal uses. Dr. Mark Ware of Montreal's McGill University said a pilot study is under way in Canada to determine marijuana's effectiveness in reducing pain for a broad range of patients, including those with cancer, HIV, multiple sclerosis and arthritis. "I think the question is: How many patients could be using it that aren't using it?" said Ware, who heads the Canadian Consortium for the Investigation of Cannabinoids. "It's clearly been effective for some people, and we're trying to find out how useful it would be for others. "It might not be good for everybody. Much more needs to be done to determine who can benefit from it," Ware said. Dr. Ethan Russo, a Missoula, Mont., neurologist and researcher with faculty appointments at the universities of Montana and Washington, accused the federal governmment of hampering marijuana research in the United States. He said he won Federal Drug Administration approval for a study on marijuana's effect on migraine treatment, but the National Institute on Drug Abuse wouldn't supply the marijuana. "We're way behind other countries in this area and it's because of politics," said Russo, editor of the Journal of Cannabis Therapeutics. "There's been a stigma attached to marijuana in the United States over the last 65 years. "It's clear that in the area of pain management a lot of treatments are lacking in efficacy, and marijuana has great promise. With government cooperation, we can do much more marijuana research in the U.S.," Russo said. Since California became the first state to approve medical marijuana in 1996, six other states have followed suit. But federal law prohibits the sale of marijuana for medical uses. Despite the law, the federal government has approved 11 marijuana studies now under way in California, said J. Hampton Atkinson of the University of California's Center for Medicinal Cannabis Research. The studies will examine the effects of marijuana on a broad range of patients, including those with multiple schlerosis and nerve pain, he said, adding final action on four other other proposed studies is pending. Dr. William Notcutt of Great Britain's Norwich University said his studies to date have shown marijuana can benefit multiple sclerosis and chronic-pain patients with intractable symptoms. Elvy Musikka, 63, of Orangevale, Calif., a glaucoma patient who has used marijuana for 26 years, criticized the federal government for restricting access to medical marijuana. "It has worked miraculously for me from the start," she said. "It's the oldest medicine known to humanity, and I don't believe more research is needed on it. We know marijuana works but we're stalling for political reasons." __________________________________________________________________________ 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------------------------------ Date: Sun, 29 Sep 2002 11:13:54 -0700 Subject: CA: Judge Frees Medical-Pot Patient, Returns Stash Newshawk: Libertarians 1 - Drug Warriors 0 - http://www.plylar.org Pubdate: Sat, 28 Sep 2002 Source: Santa Cruz Sentinel (CA) Copyright: 2002 Santa Cruz Sentinel Contact: editorial@santa-cruz.com Website: http://www.santacruzsentinel.com/ Details: http://www.mapinc.org/media/394 Author: Jason Schultz JUDGE FREES MEDICAL-POT PATIENT, RETURNS STASH SANTA CRUZ - Federal prosecutors might not respect the state law that allows people to grow marijuana for medical use, but a judge in Santa Cruz County does. Medical-marijuana user Greg Brown walked out of the courthouse Wednesday a free man with a legal bag of marijuana. Superior Court Judge Kathleen Akao threw out two felony charges against the Santa Cruz man after he proved he had a doctor's recommendation to use medical marijuana. She ordered police to return Brown's pot. Brown was arrested March 15 after police found 52 plants growing at his house, 7 ounces of packaged marijuana and 3 ounces drying. He was charged with cultivating and possessing marijuana for sale, both felonies. Proposition 215, passed by voters in 1996, allows state residents to grow and smoke marijuana if they have a recommendation from a doctor. A recent decision by the state Supreme Court backed up that law, saying people arrested on marijuana charges can use their doctor's recommendation as a defense in court. Brown's attorney, Ben Rice of Santa Cruz, said Brown has a doctor's recommendation. He said Brown fell down cement steps 10 years ago and suffers back problems from the accident. He said Brown's written recommendation had expired when he was arrested in March, but he had a valid oral recommendation from the same doctor. Brown's non-jury trial started Wednesday, and ended the same day when Akao agreed with Rice's motion to dismiss the charges. The plants and the drying marijuana have been destroyed, but Brown got back the 7 ounces of dried pot. "I feel great, of course, I feel relief," Brown said. Brown said he also suffers from hepatitis C, which leaves him with heartburn and an upset stomach. The marijuana helps soothe his stomach and increase his appetite, he said, as well as helping him deal with back pain. Rice said marijuana seized in such cases often is not returned, even after an acquittal. "What I've started doing is when people hire me, I call the District Attorney's Office and tell them not to destroy any of the marijuana so it can be returned later," Rice said. The U.S. government considers marijuana an illegal drug with no medicinal value. The federal government considers medical-marijuana users to be drug abusers, and those who provide the marijuana to be drug dealers, said Drug Enforcement Administration spokesman Richard Meyer. State law will not protect them in federal court, he said. The DEA recently raided the North Coast farm of Wo/Men's Alliance for Medical Marijuana, touching off a national controversy about the medicinal value of the drug and the federal enforcement of pot laws in states that allow its medical use. The furor culminated in a much- publicized distribution of marijuana to patients by the alliance on the steps of Santa Cruz City Hall. Rice is also the attorney for alliance founders Mike and Valerie Corral. Rice had intended to call one of them as an expert witness on the yield of marijuana plants in Brown's case. San Francisco attorney John Kecher has joined the team to help defend the Corrals if the federal government decides to file charges in connection with the raid earlier this month. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Larry Stevens------------------------------ Date: Sun, 29 Sep 2002 12:06:41 -0700 Subject: Canada: Rifle-toting pot thieves arrested Newshawk: Join CMAP (http://www.mapinc.org/cmap/lists.htm) Source: Chilliwack Progress (CN BC) Pubdate: September 24, 2002 Website: http://www.theprogress.com/ Feedback: http://www.theprogress.com/contactus.shtml Address: 45860 Spadina Ave., Chilliwack, BC, Canada V2P 6H9 Contact: editor@theprogress.com Copyright: 2002 The Chilliwack Progress Fax: (604) 792-4436 Author: Jennifer Feinberg Rifle-toting pot thieves arrested An outdoor grow-op with about 700 marijuana plants was dismantled by police on the Chehalis reserve Friday. It all started when a gun shot rang out overhead after a young Chehalis resident stumbled across an outdoor marijuana grow op and decided to help himself. It ended with several arrests after Chilliwack Emergency Response Team members were called out, along with the dog unit and helicopter services. Agassiz RCMP report that the 20-year-old dirt bike rider was scared off by the rifle shot but later returned with a bunch of his friends, some of whom were armed. "Police responded to the area where six adult males were located in a pick-up truck, armed with two rifles and several garbage bags of marijuana," reports RCMP Sgt. Emil Spitkoski. The six were arrested and are facing drug and weapons charges. After an extensive search of the area, the large marijuana plantation was found and the plants seized. "None of the other suspects who fled into the bush were located, however police are still investigating," he adds. There were no injuries reported.------------------------------ Date: Sun, 29 Sep 2002 12:45:34 -0700 Subject: NV: Discussion About Pot Initiative Becomes Heated Title: Discussion About Pot Initiative Becomes Heated Author: Erin Neff Source: Las Vegas Sun Contact: letters@lasvegassun.com Website: http://www.lasvegassun.com/ Pubdate: Thursday, September 26, 2002 Nevada -- A televised discussion between the man backing the marijuana initiative and a representative of the district attorney's office Wednesday ended just shy of a screaming match. Amid attorney Gary Booker's insinuation that Question 9 proponent Billy Rogers smokes marijuana was a disparaging remark about a Las Vegas attorney and another about a retired police officer who called during the live broadcast of DayONE Las Vegas. Question 9 would legalize possession of three ounces of marijuana for private use by those 21 and older. Nevada voters approved medical marijuana twice, amending the constitution and allowing 214 residents to sign up for the program. Rogers says medical marijuana patients, including Holly Brady who suffers from multiple sclerosis, have to "buy their medicine from drug dealers." But Booker wrongly asserted several times on the show that patients can grow their own plants with seeds they buy from the state Agriculture Department. After the program aired on Las Vegas ONE, a partnership of KLAS-TV, Cox Cable and the Greenspun family, publishers of the Las Vegas Sun, Cecile Crofoot's phone in the state Agriculture Department's Carson City offices began ringing. "They told me they wanted to get their packet of seeds," said Crofoot, manager of the state's medical marijuana program. "We don't have them." Rogers initially asked Booker, who works in the DA's vehicular crimes unit, where people can get the seeds. "The same place you get your seeds," Booker said. Rogers responded: "I don't smoke marijuana," as Booker interrupted, accusing Rogers of moving to Nevada from Texas just to make this state a "test monkey for legalization." The exchange between the men was testy from the onset as Booker frequently interrupted Rogers and drowned out both he and host Nancy Byrne several times. Rogers and Booker argued at length about whether the initiative would weaken DUI laws, and whether Booker's past assertions that the initiative would have meant that Jessica Williams did nothing wrong when she crashed a van on I-15 killing six teens picking up trash in the median -- a case Booker prosecuted. Byrne pointed out that Williams was never convicted of driving under the influence. Rather it was a state law that calls a driver impaired if he has two nanograms of marijuana in his blood that Williams was ultimately convicted of violating. Rogers said he asked attorney JoNell Thomas to review whether the state's DUI statutes would be invalidated by Question 9. She says they won't. Booker said Thomas doesn't practice criminal law, and thus, can't be asked to comment on DUI statutes. Thomas' practice does include defense of several Death Row inmates. When Rogers tried to show Booker what Thomas had written, Booker interrupted saying: "You're not a lawyer and JoNell Thomas isn't much of one." When Byrne went to the phones, a caller identifying himself as a retired police officer asked a question that appeared sympathetic to medical marijuana patients' difficulty obtaining marijuana. Booker testily said that police officers aren't lawyers and added accusingly: "I don't know where he's a retired police officer from." Proponents of Question 9 will unveil a steering committee today and announce endorsements from 3,000 Nevadans. On Friday, Nevadans for Responsible Law Enforcement plan a press conference with medical marijuana patients who buy their marijuana from drug dealers. Also Friday, Stop DUI, which has formed an opposition group to Question 9, will hold a press conference to announce its steering committee and endorsements. Copyright Las Vegas Sun, Inc. ------------------------------ Date: Mon, 30 Sep 2002 11:05:04 -0700 Subject: CA: Couple To Stand Trial On Marijuana Charges Title: Couple To Stand Trial On Marijuana Charges Author: William Finn Bennett Source: North County Times Contact: editor@nctimes.com Website: http://www.nctimes.com Pubdate: Saturday, September 28, 2002 PERRIS, CA -- A Superior Court judge on Friday ordered a Temecula couple to stand trial on charges of possessing marijuana for sale and cultivation of the cannabis plants they say they grew for medicinal purposes. Martin and LaVonne Victor embraced in sobs outside the courtroom Friday morning after Judge James Watson's decision. "I'm not going to jail; I'll kill myself first," said LaVonne Victor, 45, who suffers from multiple sclerosis. Her husband was surprised by the ruling. "My God, all I did was want to take care of my wife," Martin Victor, 50, said. The couple was in court Friday for the third day of a preliminary hearing that started in late August and then was delayed for nearly a month. Watson ordered the couple to appear for an arraignment on the felony charges in the Hemet courthouse on Oct. 11. The Victors' West Hollywood-based attorney, Eric Shevin, said after court Friday that his clients will prevail. "The universe protects good people and the Victors are good people; it's hard to see the light at the end of the tunnel, but we are going to find it," he said. The Victors are among those who have received written authorization from doctors to use marijuana under Proposition 215, a 1996 California initiative that legalized the use of medicinal marijuana. A Santa Barbara doctor had written letters in August 2001, authorizing the Victors to use marijuana for medicinal purposes. Dr. David Bearman testified during the August portion of the preliminary hearing that he had approved the legal use of marijuana for Martin Victor, who was diagnosed with optical edema. LaVonne Victor received letters authorizing legal marijuana use after being diagnosed with multiple sclerosis and panic attacks. Each county in the state sets its own standard on how much people are allowed to grow under Prop. 215. Riverside County allows the amount possessed to not exceed that necessary for medicinal purposes. The county does not specify, however, what amounts would fit into the "necessary for medicinal purposes" description. However, during Friday's hearing, the Deputy District Attorney Cynthia Brewer said that the defense had admitted the couple used only 6 ounces of marijuana a month between them -- which over a 12-month period would equal about one-fifth of the amount deputies are alleged to have found in the couple's home in the October raid. Temecula Police Chief Jim Domenoe testified that he had spoken with Martin Victor twice nearly a year before the couple's arrest, when Victor called to make inquiries about what he needed to do before growing marijuana at his home, and to get clarification about enforcement policies. Domenoe said he told Victor during the first call that he was uncertain what the implications of Prop. 215 were for the Victors. And in a second call, a few days later, he said, he told Victor that while state law might allow him to have the marijuana, federal law was another matter, and if a federal agent saw the plants, he could be subject to arrest. "What criminal in their right mind would call the police and tip them off, before they go out and commit the crime?" Shevin asked after Friday's hearing, implying the Victors truly believed they were not breaking the law. When deputies raided the couple's home in October, Brewer said, they found 15.7 pounds of marijuana in mason jars, 6.2 pounds in trash bags and eight plants being cultivated on the couple's property. Of those eight plants, five had buds that could have been harvested to bring in another half-pound of marijuana apiece, she said. A handful of supporters and at least one marijuana advocate showed up in support of the Victors at Friday's hearing. Lanny Swerdlow of the Marijuana Anti-Prohibition Project was outraged at the decision. "They were legitimate marijuana users; nothing was offered as evidence of sales," he said. "The judge is bending over backward to kiss the butt of (Riverside County District Attorney) Grover Trask." Copyright North County Times. Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. ------------------------------ End of Restore-Digest V2002 #206 ******************************** Restore News Today Visit our sister site crrh.org
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