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DrugSense Weekly
Jan. 16, 2004 #333


Table of Contents

* Breaking News (04/26/24)


* This Just In


(1) Feds To Revamp Drug Testing
(2) Couple Faces Federal Pot Charges
(3) Worthing's Cannabis Champion Jailed
(4) Lawsuit Filed After Swat Raids High School

* Weekly News in Review


Drug Policy-

COMMENT: (5-8)
(5) Miami Federal Court Has 'Secret Docket' To Keep Cases Hidden
(6) 9 Officers Cited for Contempt in Pot Case
(7) Benefit Ends With 10 Arrests
(8) Herald-Tribune Analyzes '02 Teen Drug Use Survey

Law Enforcement & Prisons-

COMMENT: (9-12)
(9) Protest Of Fatal Police Shooting Turns Violent
(10) Police Corruption Lawsuits Could Cost Louisville Millions
(11) Sheriff Loses 'Knock' Ruling
(12) New D.A. Promises to Be 'Smart on Crime'

Cannabis & Hemp-

COMMENT: (13-17)
(13) The Massive Secret Inside Barrie's Former Brewery
(14) Weed Watch: Democrats On Drugs, Part II
(15) Hayward Hempery Is Facing Eviction
(16) Study: Marijuana Buzz Linked To 'Runner's High'
(17) RCMP Arrest Pro-Pot Puffer

International News-

COMMENT: (18-21)
(18) President Stands Pat On Death Penalty
(19) 443 Drug-Free Barangays In 100 Days
(20) Victim's Kin Can Claim Compensation
(21) MPs Urged To Reconsider The Dangers Of Cannabis

* Hot Off The 'Net


     Venezuela Decriminalizes Drug Possession
     Candidates Support Repeal Of HEA Drug Provision
     The CBC On Brewery Grow Operation
     Montel Williams On MS And MJ
     Drug Truth Special Panel - Racial Bias In The Drug War
     Cultural Baggage Radio Show
     Medical Marijuana Patients In California Top 75,000

* Letter Of The Week


     Editor: Re: We'll Prove You Wrong / By Jose Melendez

* Letter Writer Of The Month - December


     Sandy Cote

* Feature Article


     Excerpts From Dissent In Canadian Supreme Court Decision

* Quote of the Week


     Bertrand Russell


THIS JUST IN    (Top)

(1) FEDS TO REVAMP DRUG TESTING    (Top)

Employees' hair, saliva and sweat will be included in screenings

NEW YORK - The federal government is planning to overhaul its employee drug-testing program to include scrutiny of workers' hair, saliva and sweat, a shift that could spur more businesses to revise screening for millions of their own workers.

The planned changes, long awaited by the testing industry, reflect government efforts to be more precise in its drug screening and to outmaneuver a small but growing subset of workers who try to cheat on urine-based tests.

Some businesses have already adopted alternative testing, despite criticism by privacy advocates.  But others have held back, partly awaiting government standards.

Alternative testing methods would give employers more certainty about the timing and scope of drug usage than is now possible solely with urine sampling, said Robert Stephenson II, an official with the federal Substance Abuse and Mental Health Services Administration.

That could be particularly valuable in situations like investigations of on-the-job accidents, to determine not just whether an employee uses drugs but if usage occurred recently enough to be a cause.

[snip]

Pubdate:   Thu, 15 Jan 2004
Source:   Knoxville News-Sentinel (TN)
Copyright:   2004 The Knoxville News-Sentinel Co.
Website:   http://www.knoxnews.com/
Details:   http://www.mapinc.org/media/226
Author:   Adam Geller, Associated Press
Bookmark:   http://www.mapinc.org/testing.htm (Drug Testing)
Continues:   http://www.mapinc.org/drugnews/v04.n097.a02.html


(2) COUPLE FACES FEDERAL POT CHARGES    (Top)

An Oakland man who went to state court this week to mount a medical defense to marijuana charges was instead handed over to federal authorities, who have filed charges that could put him and a co-defendant behind bars for the rest of their lives.

David Davidson, 52, an Oakland Cannabis Buyers Cooperative member, and Cynthia Blake, 53, of Red Bluff are to be arraigned today by U.S. Magistrate Judge Gregory G.  Hollows of Sacramento.

They're charged with manufacturing more than 100 marijuana plants and conspiracy to cultivate more than 1,000 marijuana plants.  The former is punishable by five to 40 years in federal prison; the latter by a mandatory minimum of 10 years and a maximum of life.

[snip]

Davidson and Blake both have doctor's recommendations to use marijuana. But Tehama County Assistant District Attorney Lynn Strom unexpectedly announced the state would drop its charges against the pair, and she and the pair's lawyers went into a judge's chambers to discuss why. When they did, Tehama County Sheriff's deputies -- acting on federal authority under a local-federal drug task force's auspices -- arrested the pair on the federal charges, issued last week by a grand jury in Sacramento.

[snip]

Pubdate:   Fri, 16 Jan 2004
Source:   Argus, The ( CA )
Copyright:   2004, ANG Newspapers
Contact:  
Website:   http://www.theargusonline.com/
Details:   http://www.mapinc.org/media/1642
Author:   Josh Richman
Continues:   http://www.mapinc.org/drugnews/v04/n100/a011.html


(3) WORTHING'S CANNABIS CHAMPION JAILED    (Top)

CANNABIS campaigner Chris Baldwin has been jailed for six months after running a Dutch-style "coffee shop" in Worthing.  Around 30 supporters watched from the public gallery at Chichester Crown Court on Friday as Baldwin was sentenced for running the Quantum Leaf cafe in Rowlands Road, which was fronted by cannabis paraphernalia shop Bongchuffa.

Angry shouts came from the gallery as Judge John Sessions sent Baldwin, 53, of Carnegie Close, East Worthing, to prison.  Police officers had to clear the public gallery after some of the campaigners would not leave the court.  Baldwin appeared only days before cannabis is reclassified from a class B to class C and Judge Sessions said he was sentencing with this in mind.

[snip]

Pubdate:   Thu, 15 Jan 2004
Source:   Worthing Herald (UK)
Copyright:   2004 Worthing Herald
Details:   http://www.mapinc.org/media/3115
Cited:   Legalise Cannabis Alliance http://www.lca-uk.org
Bookmark:   http://www.mapinc.org/people/Chris+Baldwin (Chris Baldwin)
Bookmark:   http://www.mapinc.org/topics/LCA (Legalise Cannabis Alliance)
Continues:   http://www.mapinc.org/drugnews/v04.n100.a07.html


(4) LAWSUIT FILED AFTER SWAT RAIDS HIGH SCHOOL    (Top)

Goose Creek, S.C.  - Students as young as 14 were terrorized by police with guns and drug-sniffing dogs in an early-morning SWAT raid at Stratford High School that violated their rights, the American Civil Liberties Union charged in a lawsuit filed on behalf of 20 families.

"What this school administration allowed is truly shocking," said Graham Boyd, director of the ACLU's Drug Policy Litigation Project and lead counsel in the lawsuit.  "Officials at this school, along with law enforcement officers, treated innocent children like hardened criminals."

[snip]

The ACLU's lawsuit charges school and police officials with violations of the students' right to be free from unlawful search and seizure and use of excessive force.  The lawsuit seeks a court order declaring the raids unconstitutional and blocking officials from carrying out future raids, as well as damages on behalf of the students who were terrorized.

[snip]

Read the ACLU complaint online at
http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=14578&c=19

[snip]

Pubdate:   Wed, 14 Jan 2004
Source:   San Francisco Bay View, The (CA)
Copyright:   2004 The San Francisco Bay View
Website:   http://www.sfbayview.com
Details:   http://www.mapinc.org/media/1030
Bookmark:   http://www.mapinc.org/topics/Goose+Creek
Continues:   http://www.mapinc.org/drugnews/v04.n092.a09.html


WEEKLY NEWS IN REVIEW    (Top)


Domestic News- Policy


COMMENT: (5-8)    (Top)

Civil libertarians have been justifiably worried about secret judicial proceedings in the war on terror, but court cases with absolutely no public oversight too place well before Sept.  11, 2001, according to a report in the Sun Sentinel newspaper of Florida. Naturally, the cases had to do with the war on drugs.

Another court conflict is intensifying in Colorado, where state medical marijuana laws are clashing with federal drug laws.  In the latest twist, nine law enforcement officers have been charged with contempt of court for refusing to return the medical marijuana of a state-registered patient.

The irony of prohibition was also evident in New Jersey last week, as drug arrests took place at an event billed as a benefit for an anti-drug group.  And how do teen drug surveys really work? A Florida newspaper asked the question and found some interesting answers about why the surveys just aren't that reliable.


(5) MIAMI FEDERAL COURT HAS 'SECRET DOCKET' TO KEEP CASES HIDDEN    (Top)FROM PUBLIC

A secret docketing system hiding some sensitive Miami federal court cases from public view has been exposed and is being challenged in two higher courts, including the U.S.  Supreme Court.

"We don't have secret justice in this country," said Lucy Dalglish, executive director of The Reporters Committee for Freedom of the Press.  The Washington-based journalists watchdog group is asking the appellate courts to open up two Miami federal cases it says were litigated in secret.

[snip]

The media group is challenging a secret plea bargain and sentencing involving Nicolas Bergonzoli, a Colombian drug smuggler who had business dealings with Ochoa.  The case suggests the secret docketing system predates the Sept.  11 attacks.

Both men were potential witnesses.

Bergonzoli was indicted in Connecticut for drug trafficking in 1995. Four years later his case, still open, was transferred to Miami.  No record of it existed until Ochoa's lawyers were able to unseal parts of the file in May.  At the time, Ochoa was on trial and prosecutors were resting their case.  Bergonzoli entered a secret plea bargain and was never called to testify at Ochoa's trial.

Neither case appeared on the court's public docket, where it would have been assigned a number and scanned into a computer file.  As a result, the public had no way of knowing they existed.  Hearings were conducted behind closed doors, and all documents and legal motions were filed under seal.  The sensitive court papers were kept separately in a vault at the court clerk's office in Miami, according to attorneys familiar with the practice.

U.S.  District Judge William J. Zloch, chief judge for the South Florida district, and Clerk of Courts Clarence Maddox were out of the office and unavailable for comment on Wednesday.

Attorney Floyd Abrams, a nationally recognized expert on free press and court access issues, said sealed documents and closed courtrooms are nothing new and are sometimes necessary to protect national security or investigations.  But, he said from his New York office, he was "very surprised" to learn about cases that were fully litigated with no public record.

[snip]

Pubdate:   Thu, 08 Jan 2004
Source:   Sun-Sentinel (Fort Lauderdale, FL)
Copyright:   2004 Sun-Sentinel Company
Details:   http://www.mapinc.org/media/159
Author:   Ann W.  O'Neill, Staff Writer
Continues:   http://www.mapinc.org/drugnews/v04/n070/a07.html


(6) 9 OFFICERS CITED FOR CONTEMPT IN POT CASE    (Top)

In a collision of federal and state drug laws, nine law enforcement officers, including a federal drug agent, were issued contempt citations Wednesday and ordered by a judge to appear in court Feb.  2 to explain why they shouldn't be jailed or fined.

Routt County Court Judge James Garrecht had ordered the officers to return 2 ounces of marijuana seized in an October raid of Don Nord's apartment.

Nord, 57, who suffers from cancer, diabetes and other maladies, has a certificate from the state's medical marijuana registry allowing him to use and grow small amounts of marijuana.

His misdemeanor ticket for possession was dismissed after prosecutors said the citation was lost.  The judge ordered authorities to return Nord's growing equipment, pipes and 2 ounces of marijuana.

The Drug Enforcement Agency, however, refused to comply, saying federal law supersedes state law and makes no provision for medical marijuana.

[snip]

Pubdate:   Thu, 08 Jan 2004
Source:   Rocky Mountain News (Denver, CO)
Copyright:   2004, Denver Publishing Co.
Details:   http://www.mapinc.org/media/371
Source:   Rocky Mountain News (Denver, CO)
Author:   Ellen Miller, Special To The News
Bookmark:   http://www.mapinc.org/people/Don+Nord
Continues:   http://www.mapinc.org/drugnews/v04/n051/a07.html


(7) BENEFIT ENDS WITH 10 ARRESTS    (Top)

'Safe, Drug-Free' Benefit Concert Ends With Arrests For Drug Possession And Assault On Police Officers.

Billed by town officials as a safe, drug- and alcohol-free night of entertainment for local teenagers, Friday night's benefit concert at the Township Activity Center turned violent and ended in 10 arrests -- including one for drug possession, authorities said.

Police said four adults and five juveniles were arrested, some for aggravated assault on police officers, after several of those in attendance became disorderly when police shut down the event, which they felt had begun to get out of hand.

[snip]

In addition, 18-year-old Michael Murphy, of Toms River, was arrested and charged with possession of marijuana at the event, which was sponsored by the Brick Municipal Alliance Committee on Alcoholism, Drug Abuse and Youth Services; the Brick Youth Club; and a student organization run by the School-Based Youth Services Program of Brick Memorial High School.

[snip]

Pubdate:   Sun, 11 Jan 2004
Source:   Ocean County Observer (NJ)
Copyright:   2004 Ocean County Observer
Details:   http://www.mapinc.org/media/1212
Author:   Matt Porio
Continues:   http://www.mapinc.org/drugnews/v04/n064/a05.html


(8) HERALD-TRIBUNE ANALYZES '02 TEEN DRUG USE SURVEY    (Top)

The 2002 Florida Youth Substance Abuse Survey reported that the state's biggest teen drug problem wasn't in Miami, Tampa or any county with an urban center.

According to the survey, Charlotte County ranks as the state's worst when it comes to teen substance abuse.

The Herald-Tribune analyzed the results and methodology of the survey.  The review included interviews with experts in the field of surveys and teen drug use, as well as with representatives of the company that created and administered the survey.  The goal of the analysis was to answer some of the questions a skeptic of the survey's findings would have, such as:

Were there flaws in the way the survey was administered?

[snip]

Pubdate:   Sun, 11 Jan 2004
Source:   Sarasota Herald-Tribune (FL)
Copyright:   2004 Sarasota Herald-Tribune
Author:   Chris Davis and Matthew Doig
Bookmark:   http://www.mapinc.org/youth.htm (Youth)
Continues:   http://www.mapinc.org/drugnews/v04/n062/a10.html


Law Enforcement & Prisons


COMMENT: (9-12)    (Top)

Residents and city officials of Louisville, Kentucky are learning about the terrible price of continued drug prohibition.  After a drug suspect was fatally shot in the back, protesters have demanded answers from police and the city.  And an old police drug corruption case could cost the city millions in lawsuits.

Overzealous law enforcement in Florida are being refuted by a court there, but police seem unrepentant.  A judge ruled against so-called "knock and talk" drug raids, but police don't plan to change their procedures.  And in San Francisco, the best District Attorney in America is leaving office.  Terence Hallinan lost his re-election campaign, but his successor plans to keep many of his policies, including tolerance for medical marijuana.


(9) PROTEST OF FATAL POLICE SHOOTING TURNS VIOLENT    (Top)

Demonstrators At Louisville Police Headquarters Refuse To Disperse, Break Windows In The Office Of Chief Robert White

Police arrested a protester after a group of about 60 people refused to leave the area around Louisville Metro Police headquarters downtown.  Police arrested three adults and a juvenile.

What started out as a peaceful demonstration of several hundred people in front of Louisville Metro Police headquarters last night ended with officers in riot gear and horse-mounted police trying to disperse about 60 people who didn't want to leave.

The crowd finally melted away when Chief Robert White emerged from the station and agreed to meet with the remaining protesters at the Justice Resource Center on Cecil Avenue, more than 30 blocks west. White spent nearly two hours answering questions in a session with about 50 people.  It was closed to news media.

The demonstration was in response to the death of Michael Newby, 19, who was shot in the back three times by undercover Officer McKenzie G.  Mattingly during an alleged attempted drug buy Saturday.

[snip]

Pubdate:   Fri, 09 Jan 2004
Source:   Courier-Journal, The (KY)
Copyright:   2004 The Courier-Journal
Details:   http://www.mapinc.org/media/97
Author:   Jessie Halladay
Bookmark:   http://www.mapinc.org/people/michael+newby
Continues:   http://www.mapinc.org/drugnews/v04/n054/a03.html


(10) POLICE CORRUPTION LAWSUITS COULD COST LOUISVILLE MILLIONS    (Top)

10 People Claim Their Civil Rights Were Violated

Almost a year after former Metro Narcotics partners Mark Watson and Christie Richardson were tried criminally in Jefferson County's largest police scandal in decades, the fallout is far from over.

Even as the officers serve their sentences - he's in prison; she's on probation - six civil suits, involving 10 people who were cited or had property seized by the officers, are pending in Jefferson Circuit Court and U.S.  District Court, alleging the detectives and local government violated citizens' civil rights when charging them with trumped-up charges.

At least eight of the 10 people suing had been jailed by the officers; nine of the 10 either had charges against them dismissed or convictions overturned.  Sentences ranged from probation to prison.

One plaintiff, Robert Hardin, said his arrest on drug charges "was a nightmare." His conviction ultimately was set aside.

The cases could cost Louisville metro government millions of dollars, based on verdicts and settlements in other police corruption cases throughout the country in the last several years. For example, Los Angeles agreed to pay $2.8million in 2002 to settle with seven victims of a police corruption scandal, and in 2000, Miami paid $2.5million to settle a civil case tied to one of a series of shootings where officers were accused of lying and tampering with evidence.

[snip]

Pubdate:   Mon, 12 Jan 2004
Source:   Courier-Journal, The (KY)l
Copyright:   2004 The Courier-Journal
Details:   http://www.mapinc.org/media/97
Author:   Gregory A.  Hall, The Courier-Journal
Bookmark:   http://www.mapinc.org/topics/Louisville
Bookmark:   http://www.mapinc.org/corrupt.htm ( Corruption - United States)
Continues:   http://www.mapinc.org/drugnews/v04/n081/a08.html


(11) SHERIFF LOSES 'KNOCK' RULING    (Top)

An appellate court has ruled against the Orange County Sheriff's Office's use of controversial tactics while entering a woman's home in 2001 and seizing a small amount of drugs.

The 5th District Court of Appeal ruling filed Friday says members of the sheriff's so-called "tip squad" conducted an "unlawful seizure" after they approached Lynn Miller outside her house on Edland Drive.

[snip]

It's not clear how the court's decision will affect the sheriff's operations or the policies of other departments in the 13 counties covered by the appellate court.  Lawyers with the state Attorney General's Office arguing the case may ask for a re-hearing.  The case may ultimately go to the Florida Supreme Court.

"Until and if it becomes finalized, our procedures are going to be the same," said Cpl.  Carlos Torres, a sheriff's spokesman. "And if or when it becomes finalized, or if there is a decision, they'll have to sit down and review our policy and deal with it
accordingly."

[snip]

Pubdate:   Sat, 10 Jan 2004
Source:   Orlando Sentinel (FL)
Copyright:   2004 Orlando Sentinel
Details:   http://www.mapinc.org/media/325
Author:   Anthony Colarossi
Bookmark:   http://www.mapinc.org/raids.htm (Drug Raids)
Continues:   http://www.mapinc.org/drugnews/v04/n066/a03.html


(12) NEW D.A. PROMISES TO BE 'SMART ON CRIME'    (Top)

Kamala Harris was sworn in Thursday as the first black woman in California history to serve as a district attorney, pledging to be "smart on crime" as she assumes the role of San Francisco's top prosecutor.

[snip]

Harris, a career prosecutor and supervisor in the city attorney's office, defeated her former boss Terence Hallinan last month after an acrimonious campaign in which she portrayed the incumbent district attorney as an incompetent prosecutor.

On Thursday, however, Harris praised Hallinan for having brought a "progressive agenda" to the prosecutor's office.

"You served this city well," she said.  Hallinan, 67, had received a warm round of applause as he sat in the front of the auditorium.

Hallinan said he was leaving office after eight years and going into private practice will no ill feelings, satisfied his key policies will continue.

"I thought it went well -- I got a nice hand from the crowd," Hallinan said.

Harris has pledged to continue Hallinan's practice of supporting patients receiving medical marijuana, refusing to seek the death penalty and prosecuting three-strike offenders only for serious or violent felonies.

"It takes much more than building prisons and locking away prisoners to keep our city safe," Harris said.

[snip]

Pubdate:   Fri, 9 Jan 2004
Source:   San Francisco Chronicle (CA)
Copyright:   2004 Hearst Communications Inc.
Details:   http://www.mapinc.org/media/388
Author:   Jaxon Van Derbeken, San Francisco Chronicle Staff Writer
Continues:   http://www.mapinc.org/drugnews/v04/n061/a08.html


Cannabis & Hemp-


COMMENT: (13-17)    (Top)

Although Canada already benefits from the reputation of having both stronger beer and cannabis than what's available in the U.S., no one could have foreseen that the two would be so intertwined until a bust at a former Molson Brewery in Barrie Ontario uncovered what may turn out to be the biggest illegal grow-op in Canada.  Over 100 police officers were involved in the bust, which has uncovered over 10,000 plants, many of which were being grown in the beer vats of the former brewery.  This gives a new meaning to the popular Molson catch phrase "I am Canadian!".

In our second story, MPP has issued a final report card grading the Democratic presidential candidates based on their support for medicinal cannabis.  Front-runner Howard Dean received a failing grade of D- for his lackluster support of state medical marijuana laws; Dennis Kucinich lead the pack with an A+.  Our third story continues the long saga of California's Hayward Hempery, one of the nation's oldest medicinal cannabis dispensaries.  The organization now faces eviction from its present location for failing to pay rent.

Our fourth story is good news for those pledging to lead a healthier lifestyle in 2004.  The Georgia Institute of Technology and UCLA Irvine have released a study that links the "runner's high" phenomenon with high levels of anandamide - a naturally occurring endocannabinoid - found in the blood of joggers, rather than the release of endorphins, as was previously speculated by some scientists.  This may tempt authorities to drug test and arrest marathon runners once they're done shutting down raves, compassion clubs and pot rallies.

And lastly the news that Canadian medicinal cannabis activist and distributor Grant Kreiger has once again been arrested and charged with cannabis possession with the intent to distribute by the RCMP. If he wasn't so stricken with MS - for which he has legal permission to use and possess marijuana - the police might have suggested that he simply "flee the scene" in order to get a natural high.  I am Cannabian indeed.


(13) THE MASSIVE SECRET INSIDE BARRIE'S FORMER BREWERY    (Top)

[snip]

"You had to see it to believe it," OPP Superintendent Bill Crate said after touring the operation, which was set up in a former Molson brewery on the east side of Highway 400 in the city of Barrie.  The highway, a main conduit for commuters and cottage-goers, carries up to 159,000 cars a day.

Police arrested 11 people after a Saturday morning raid, then spent the weekend collecting evidence at the colossal indoor marijuana farm, which was located in windowless space inside the former brewery.

[snip]

Supt.  Crate said there were "thousands upon thousands" of plants in the indoor farm, which was attended by "farmers" who lived inside the former brewery to guard and tend the plants, which were grown in hydroponic tanks under huge lamps.  The plants were watered by an extensive irrigation system.

[snip]

Pubdate:   Mon, 12 Jan 2004
Source:   Globe and Mail (Canada)
Copyright:   2004, The Globe and Mail Company
Details:   http://www.mapinc.org/media/168
Author:   Peter Cheney
Continues:   http://www.mapinc.org/drugnews/v04.n068.a11.html


(14) WEED WATCH: DEMOCRATS ON DRUGS, PART II    (Top)

On Jan.  6, the Washington, D.C.-based nonprofit Marijuana Policy Project issued its final report cards for each of the major presidential candidates, grading them based on their support for medical marijuana.  In just eight months of campaigning and lobbying the candidates, the MPP reports success in persuading six of the nine major candidates to adopt various positive positions on medical marijuana.  Topping the list is Ohio Rep. Dennis Kucinich, who earned an A+.  The MPP notes that Kucinich told the San Francisco Chronicle that he supports medical marijuana "without reservation" and that as president he would be willing to sign an executive order permitting its use.

[snip]

Conversely, the current Dem front-runner, former Vermont Gov.  Howard Dean, failed the MPP's exam, earning a D- for his wishy-washy stance on medical pot.  During a town hall meeting, Dean told the MPP that he doesn't believe in putting sick people in prison for using medical marijuana -- "I don't believe in what Ashcroft's doing about medical - -- putting people in prison who are, who have AIDS," he said.  But Dean, a physician, still doesn't support medical pot, for reasons that aren't exactly clear: "I stopped a medical marijuana bill in my Legislature," when he was governor, he said.  "Because I'm a doctor, I think substances taken into your body have to be treated the same if they are meant to be medicines, no matter what they are." And, the MPP reports, Dean has called for a mere one-year moratorium on federal raids on medical marijuana users -- why, and to what end, are completely unclear.

[snip]

Pubdate:   Sat, 10 Jan 2004
Source:   Austin Chronicle (TX)
Copyright:   2004 Austin Chronicle Corp.
Details:   http://www.mapinc.org/media/33
Author:   Jordan Smith
Cited:   http://www.granitestaters.com/
Cited:   http://www.mpp.org/
Continues:   http://www.mapinc.org/drugnews/v04.n055.a11.html


(15) HAYWARD HEMPERY IS FACING EVICTION    (Top)

Cheryl Adams, who owns The Hayward Hempery and its medical marijuana dispensary, has been evicted from her business's downtown building at the corner of Foothill Boulevard and B Street, her landlord said.

Adams, who has been running one of the county's oldest and best-known dispensaries, was evicted because she was several months behind on rent, said Mountain View Realtor and property owner Ron Ikebe.  For lease and for sale signs went up Friday, although Adams still has a few more days to pay and possibly getback on the lease, Ikebe said.

[snip]

Adams and her Hayward Patient Group have been in the spotlight lately as the City Council struggled to come up with a way to sanction existing dispensaries amid conflicting state and federal drug laws and efforts to revive downtown.

She was also arrested in Newark last month on felony marijuana possession charges, and her business has been the victim of several recent burglaries, including one Ikebe heard about a couple of days ago.

[snip]

Pubdate:   Sat, 10 Jan 2004
Source:   Daily Review, The (Hayward, CA)
Copyright:   2004 ANG Newspapers
Details:   http://www.mapinc.org/media/1410
Author:   Michelle Meyers, Staff Writer
Continues:   http://www.mapinc.org/drugnews/v04.n065.a09.html


(16) STUDY: MARIJUANA BUZZ LINKED TO 'RUNNER'S HIGH'    (Top)

The same family of chemicals that produces a buzz in marijuana smokers may be responsible for "runner's high," the euphoric feeling that some people get when they exercise, U.S.  researchers say.

High levels of anandamide were found in young men who ran or cycled at a moderate rate for about an hour, according to a study made public this week by the Georgia Institute of Technology and the University of California, Irvine.

[snip]

Pubdate:   Fri, 9 Jan 2004
Source:   Reuters (Wire)
Copyright:   2004 Reuters Limited
Author:   Paul Simao
Continues:   http://www.mapinc.org/drugnews/v04.n064.a01.html


(17) RCMP ARREST PRO-POT PUFFER    (Top)

A Calgary-based medicinal pot crusader faces possession charges after being busted by Headingley Mounties on Tuesday.  Grant Krieger, 49, said he was pulled over Tuesday night by RCMP, who seized roughly $7,500 worth of marijuana and cash from his vehicle. Krieger, an MS sufferer who has smoked marijuana for medicinal purposes since 1994, said the pot was for himself and a Selkirk resident stricken with cancer.

Both are legally allowed to grow weed and smoke it for medicinal purposes, Krieger said yesterday.

[snip]

Pubdate:   Fri, 09 Jan 2004
Source:   Winnipeg Sun (CN MB)
Copyright:   2004 Canoe Limited Partnership
Details:   http://www.mapinc.org/media/503
Author:   Kevin Engstrom
Bookmark:   http://www.mapinc.org/grant.htm (Krieger, Grant)
Continues:   http://www.mapinc.org/drugnews/v04.n054.a02.html


International News


COMMENT: (18-21)    (Top)

Despite a ban on capital punishment in the Philippines, after some high-profile kidnappings president Gloria Macapagal-Arroyo announced that drug traffickers and other criminals would again be put to death.  The president's decision to reintroduce the death penalty, explained the Cebu Daily News, was a means to both enforce justice, as well as boost the flagging Philippine economy.

Also from the Philippines this week: the National Capital Regional Police Office has proclaimed it would be "clearing" exactly 443 metro Manila barangays (neighborhoods) "of illegal drugs" in the next 100 days.  While the rhetoric of the "drug-clearing operations" seemed directed at concentrating police firepower at big "shabu laboratories and warehouses," the Manila residential neighborhoods themselves were described as "Level 1 targets" by police.

Victims of gung-ho Thai drug prohibition death squads have been generously extended the right to file for compensation, the Thai "Rights and Liberties Protection Department" announced last week. Relatives of the 2,500 slain by police death squads in the past year must merely "prove in court" their relatives were "innocent." For those able to prove the innocence of their deceased kin, payments range from "30,000 to 100,000 baht" (from about 768 to 2563 U.S. dollars, at current exchange rates).

And in the UK, a last-ditch attempt to roll back the impending downgrading of cannabis to a less-serious class C drug was mounted by Labor MP Janet Dean.  Claiming that the very latest "recent studies" linked reefer to madness, psychiatry experts warned that some 80 percent of "all new psychotic cases" are preceded by cannabis use.  Effects such as "psychosis, delusions or manic depression" are caused, suggested experts, by the use of cannabis. The Commons Home Affairs Select Committee, which endorsed the government's decision to reclassify cannabis in 2002, is not expected to revisit the decision.


(18) PRESIDENT STANDS PAT ON DEATH PENALTY    (Top)

PRESIDENT Gloria Macapagal-Arroyo on Friday stood firm on her decision to allow the execution of convicted kidnappers and drug traffickers as a means to enforce justice and to boost the economy in the country.

"We are striking down these two crimes with effectiveness and consistency and these executions will bolster the overall campaign so I will let them run their course as mandated by courts," Ms Macapagal said in a statement.

"The average Filipino must feel safe in the streets and in their homes because this is important for justice and the economy," Ms Macapagal added.

The President said the continued fight against crime would help encourage investments, create jobs, and improve wages.

[snip]

Distancing herself from the anti-death penalty stance of the Roman Catholic Church, the President lifted the moratorium on capital punishment late last year, following a wave of high-profile kidnappings and bank robberies.

It has been reported that the Bureau of Corrections has begun its dry run for the execution of two convicts on January 30.

Pubdate:   Mon, 12 Jan 2004
Source:   Cebu Daily News (Philippines)
Copyright:   2004sCebu Daily Newscdn
Details:   http://www.mapinc.org/media/1723
Author:   Joel Francis Guinto
Continues:   http://www.mapinc.org/drugnews/v04.n076.a06.html


(19) 443 DRUG-FREE BARANGAYS IN 100 DAYS    (Top)

The National Capital Regional Police Office (NCRPO) has set for itself a goal of clearing 443 Metro Manila barangays of illegal drugs in the next 100 days.

Metro police chief Director Ricardo de Leon said the intensified barangay drug-clearing operations are aimed at complementing the successful busting of shabu laboratories and warehouses in Metro Manila and nearby areas by the Anti-Illegal Drugs-Special Task Force (AID-SOTF) in the last six months.

"The 443 barangays have been categorized as Level 1 targets.  They earned the distinction of being the first to be cracked by us," De Leon said in an interview.

[snip]

Pubdate:   Wed, 14 Jan 2004
Source:   Philippine Star (Philippines)
Copyright:   PhilSTAR Daily Inc.  2004
Details:   http://www.mapinc.org/media/622
Author:   Non Alquitran
Bookmark:   http://www.mapinc.org/areas/Philippines
Continues:   http://www.mapinc.org/drugnews/v04.n087.a13.html


(20) VICTIM'S KIN CAN CLAIM COMPENSATION    (Top)

Relatives of about 2,500 drug suspects killed during the government's war on drugs last year can claim compensation under the Compensation Payment for Crime Victims and Suspects of Wrongful Conviction Act, a senior Justice Ministry official said.

Charnchao Chaiyanukij, the director-general of the Rights and Liberties Protection Department, said they would get compensation if they could prove in court that their relatives were innocent victims of the campaign to clean up drugs.

[snip]

Payments ranged from 30,000 to 100,000 baht.  Medical treatment expenses could also be met.  Meanwhile Wasant Panich, a human rights commissioner, yesterday presented the department with investigation reports into the deaths of 30 drug suspects.  Another five cases are still being investigated.

Pubdate:   Tue, 13 Jan 2004
Source:   Bangkok Post (Thailand)
Copyright:   The Post Publishing Public Co., Ltd.  2004/
Details:   http://www.mapinc.org/media/39
Author:   Anucha Charoenpo
Bookmark:   http://www.mapinc.org/areas/thailand
Continues:   http://www.mapinc.org/drugnews/v04.n076.a02.html


(21) MPs URGED TO RECONSIDER THE DANGERS OF CANNABIS    (Top)

MPs responsible for drugs legislation will be asked today to consider fresh research into the dangers of cannabis, before the drug is downgraded later this month.

Recent studies, which were unavailable to the Commons Home Affairs Select Committee when they last considered drugs policy 18 months ago, have highlighted a greater link between cannabis use and psychosis.

Janet Dean, the Labour MP for Burton and a committee member, promised to raise reports in The Times on the growing concern among psychiatrists about the use of cannabis by young people.

The committee endorsed David Blunkett's decision to reclassify cannabis from a class B to a class C drug, which comes into force on January 29.

But since then Robin Murray, head of psychiatry at the Institute of Psychiatry, told The Times that inner-city psychiatric services were nearing a crisis point, with up to 80 per cent of all new psychotic cases reporting a history of cannabis use.

Professor Murray said that recent studies showed that those who used cannabis in their teens were up to seven times more likely to develop psychosis, delusions or manic depression.

[snip]

"Ideally of course we do not want people to start taking drugs at all."

Last night John Denham, the new committee chairman, said that it could re-visit its decision but only after a chance to see the impact of the change in government policy.

[snip]

Pubdate:   Tue, 13 Jan 2004
Source:   Times, The (UK)
Copyright:   2004 Times Newspapers Ltd
Details:   http://www.mapinc.org/media/454
Author:   David Charter, Chief Political Correspondent
Continues:   http://www.mapinc.org/drugnews/v04.n088.a12.html


HOT OFF THE 'NET    (Top)

VENEZUELA DECRIMINALIZES DRUG POSSESSION

By Al Giordano at Bigleftoutside.com

http://www.bigleftoutside.com/archives/000313.php


CANDIDATES SUPPORT REPEAL OF HEA DRUG PROVISION

Manchester, NH - Six Presidential candidates support the repeal of the 1998 Drug Provision of the Higher Education Act (HEA). Wesley Clark, Howard Dean, Joseph Lieberman, Carol Moseley Braun, Richard Gephardt, and Dennis Kucinich announced their support after listening to concerns from members of Students for Sensible Drug Policy at the SSDP national conference.  Photos and video footage from the conference are online at:

http://nh2004.ssdp.org/


THE CBC ON BREWERY GROW OPERATION

The CBC's Avril Benoit talks to Rosie Rowbotham about the record-breaking cannabis growing operation found in an old brewery in Ontario.  (Runs 8:03 | Jan. 12, 2004)

Audio:   http://www.cbc.ca/MRL//clips/rm-audio/rowbotha_w6040113.rm


MONTEL WILLIAMS ON MS AND MJ

In a heart wrenching episode popular daytime talkshow host Montel Williams talks about living with the depression and pain caused by the MS from which he suffers, and then explains that natural cannabis medicine is the only thing that works for him.

http://www.pot-tv.net/archive/shows/pottvshowse-2416.html


DRUG TRUTH SPECIAL PANEL - RACIAL BIAS IN THE DRUG WAR

Recorded Tuesday, 01/13/04 Now

Participants include Eric Sterling of the Criminal Justice Policy Foundation, Roger Goodman of the King County Bar Association, Sanho Tree of the Drug Policy Project at the Institute for Policy Studies and Deborah Small of the Drug Policy Alliance.

Real:   http://www.cultural-baggage.com/ramtorm/torb011304.ram


CULTURAL BAGGAGE RADIO SHOW

Last:   01/13/04, Valerie Corral, Director of WAMM, http://www.wamm.org,
the medical marijuana co-op in Santa Cruz, California.

(Todd McCormick postponed his visit.)

MP3: http://www.cultural-baggage.com/Audio/FDBCB_011304.mp3
Real:   http://www.cultural-baggage.com/ramtorm/tocb011304.ram


MEDICAL MARIJUANA PATIENTS IN CALIFORNIA TOP 75,000

January 15, 2004 - San Francisco, CA, USA

The number of patients in California using marijuana medicinally under a doctor's supervision is rising dramatically and now tops 75,000, according to estimates released this week by California NORML.

http://norml.org/index.cfm?Group_ID=5906


LETTER OF THE WEEK    (Top)

Editor:   Re: We'll Prove You Wrong

By Jose Melendez

Whatever your age, it takes guts to write a letter to a newspaper editor.

However, several studies prove anti-drug efforts either increase substance abuse and youth use rates, or as Harold Woolridge (The Times, Nov.  28) points out, have no meaningful influence on whether a teenager uses drugs, legal or illegal.

Think about it.  Woolridge formed Law Enforcement Against Prohibition - against his own professional interests - to blow the whistle on such fraudulent abuses of community resources.

My own country's "Justice" department even admits that during historical periods of drug or alcohol prohibition, homicides increase drastically.

So, when a 10-year-old girl defends a program shown to increase marijuana consumption among 12 and 13-year-old girls, I wonder about those charged with her care.

I'm guessing Cpl.  Tomalty's fun and worthwhile classes will steer clear of discussing how alcohol prohibition increased budgets, firepower and paychecks on both sides of that 'noble experiment'. Not to mention youth access and abuse.

That's what I D.A.R.E.  say.
Jose Melendez,
DeLand, Florida

Referenced:  
http://www.mapinc.org/drugnews/v03/n1899/a07.html

Bookmark:   http://www.mapinc.org/find?233 (LEAP)

Date:   01/04/2004
Source:   Langley Times (CN BC)
Details:   http://www.mapinc.org/media/1230


LETTER WRITER OF THE MONTH - DECEMBER    (Top)

DrugSense recognizes Sandy Cote of Toledo, Ohio for having six letters to the editor published during December.  This brings her published letters up to twenty, a superb accomplishment considering that her first published letter that we know of was printed only last June.  You may review her published letters at
http://www.mapinc.org/writers/Sandy+Cote

Sandy is the co-founder, Ohio Marijuana Party Political Action Committee http://ohio.usmjparty.com and national outreach coordinator, U.S.  Marijuana Party http://usmjparty.com

Unlike the Letter Of The Week which is selected after review of the past week's published letters to find the best in the opinion of a committee, Letter Writer of the Month is based strictly on success in having letters published that newshawks find and MAP archives.  The person with the most published in a month is recognized.  In case of a tie, the recognition goes to the person with the most letters published as a total.  But, once recognized, the person is not eligible for recognition again for a year.  The published letter writers recognized for last year are: Jan - Chris Buors, Feb - Alan Randell, Mar - Kirk Muse, Apr - Robert Merkin, May - Larry Sequin, Jun - Matthew Hulett, Jul - Gary Storck, Aug - Stephen Heath, Sep - Stan White, Oct - Scott Russ, Nov - Howard Wooldridge, and Dec - Sandy Cote.

Thanks to Derek Rea, our published letter archivist
http://www.mapinc.org/lte/ for all his volunteer work helping us keep track of both the Letter Of The Week and Letter Writer of the Month recognitions.


FEATURE ARTICLE    (Top)

Excerpt From Dissent In Canadian Supreme Court Decision Over Marijuana Prohibition

(Editor's Note: In late December, the Canadian Supreme Court ruled in case over the right to marijuana possession in a case known as R.  v. Malmo-Levine; R.  v. Caine. While the majority ruled that the government could prohibit marijuana possession, the minority offered an eloquent dissent about the relative dangers of marijuana and the relative dangers of prohibition.  Below is a short excerpt of the dissent - the whole entire ruling can be read at
http://www.lexum.umontreal.ca/csc-scc/en/rec/html/2003scc074.wpd.html and some excellent commentary on the case has been written by Richard Cowan at http://www.marijuananews.com/news.php3?sid=726)

A law that has the potential to imprison a person whose conduct causes little or no reasoned risk of harm to others offends the principles of fundamental justice.  Such a law violates a person's right to liberty under section 7 of the Charter.  Be it as a criminal sanction or as a sanction to any other prohibition, imprisonment must, as a constitutional minimum standard, be reserved for those whose conduct causes a reasoned risk of harm to others.  In victimizing conduct, the attribution of fault is relatively straightforward because of the close links between the actor's culpable conduct and the resulting harm to the victim.  Harm caused to collective interests, as opposed to harm caused to identifiable individuals, is not easy to quantify and even less easy to impute to a distinguishable activity or actor.  In order to determine whether specific conduct, which perhaps only causes direct harm to the actor, or which seems rather benign, causes more than little or no risk of harm to others, courts must assess the interest of society in prohibiting and sanctioning the conduct.  "Societal interests" may indeed form part of the s.  7 analysis where the operative principle of fundamental justice necessarily involves issues like the protection of society.  Societal interests in prohibiting conduct are evaluated by balancing the harmful effects on society should the conduct in question not be prohibited by law against the effects of prohibiting the conduct.  The harm or risk of harm to society caused by the prohibited conduct must outweigh any harm that may result from enforcement.

The harm associated with marihuana use does not justify the state's decision to use imprisonment as a sanction against the prohibition of its possession.  Apart from the risks of impairment while driving, flying or operating complex machinery and the impact of marihuana use on the health care and welfare systems, the harms associated with marihuana use are exclusively health risks for the individual user, ranging from almost non-existent for low/occasional/moderate users of marihuana to relatively significant for chronic users.  Harm to self does not satisfy the constitutional requirement that whenever the state resorts to imprisonment, there must be a minimum harm to others as an essential part of the offence.

The majority argue that the potential for imprisonment of members of vulnerable groups is not serious, since it is only in the "presence of aggravating circumstances" that imprisonment for possession will be a fit sentence.  This does not strengthen their position; it highlights the difficulty.  By their reasoning, it is those who are not members of vulnerable groups and who therefore pose no more than negligible harm to themselves or others who face the threat of imprisonment due to "aggravating circumstances..."

Sending vulnerable people to jail to protect them from self-inflicted harm does not respect the harm principle as a principle of fundamental justice.  Similarly, the fact that some vulnerable people may harm themselves by using marihuana is not a sufficient justification to send other members of the population to jail for engaging in that activity. The state cannot prevent the general population, under threat of imprisonment, from engaging in conduct that is harmless to them, on the basis that other, more vulnerable persons may harm themselves if they engage in it, particularly if one accepts that imprisonment would be inappropriate for the targeted vulnerable groups.


QUOTE OF THE WEEK    (Top)

"Thought is subversive and revolutionary, destructive and terrible; thought is merciless to privilege, established institutions and comfortable habit.  Thought looks into the pit of hell and is not afraid.  Thought is great and swift and free, and the light of the world and the chief glory of man." - Bertrand Russell


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Policy and Law Enforcement/Prison content selection and analysis by Stephen Young (), Cannabis/Hemp content selection and analysis by Philippe Lucas (), International content selection and analysis by Doug Snead (), Layout by Matt Elrod ()

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