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DrugSense Weekly
Oct. 1, 2004 #369


Table of Contents

* Breaking News (04/18/24)


* This Just In


(1) US: Mandatory Sentences Loom As Issue
(2) CN QU: Judge Blames Pot In Fatal Stabbing
(3) US TX: DA: Doctors Must Turn In Pregnant Women For Drug Use
(4) D.C. Jail Stay Ends In Death For Quadriplegic Md. Man

* Weekly News in Review


Drug Policy-

COMMENT: (5-8)
(5) GOP Sues to Chase $oros Away
(6) Report Says 1 Of 3 Finish Drug Rehab
(7) FDA Will Restrict a New Painkiller
(8) OD Deaths Exceed Traffic Fatalities In NH

Law Enforcement & Prisons-

COMMENT: (9-12)
(9) Coast Guard Sets Drug Arrest Record
(10) Editorial: We Can't Tolerate This
(11) Half A Million Dollars Flowed Into K-9 Fund
(12) Law Leaves Questions

Cannabis & Hemp-

COMMENT: (13-16)
(13) Hemp, Hemp, Hooray!
(14) Marijuana Market Initiative Planned
(15) Poll Finds Support For Initiatives, Amendment
(16) Fremont Nips Pot Shops In The Bud

International News-

COMMENT: (17-20)
(17) Coca Production, Once Largely Curbed In Bolivia, Is Rising Again
(18) Meth Still Pouring In To Thailand
(19) Thailand Could Be 'Clean In 6 To 7 Years'
(20) Russians Worry About Drug Agency's Power

* Hot Off The 'Net


     Decrimwatch.com 
     Tony Cannavino Vs Jody Pressman 
     Canada To Make A Decision On Boje "Reefer Refugee" Case 
     POT TV News With Loretta Nall 
     Drug Connections / By Jacob Sullum 
     Stop The Federal War On Patients Forever 

* Letter Of The Week


     Many Aspects Of The Drug War Are 'Too Bad' / By Robert K. Kirchoff 

* Feature Article


     Government Must Correct Medical Marijuana Misinformation 

* Quote of the Week


     Albert Camus 


THIS JUST IN     (Top)

(1) US: MANDATORY SENTENCES LOOM AS ISSUE     (Top)

Ahead of Supreme Court Session, All 3 Branches of Government Jockey Over Control of System

The three branches of government are jockeying to gain control over criminal sentencing should the Supreme Court change or even strike down the current system of federal guidelines. 

The Supreme Court is set to hear arguments Monday in two cases that the Justice Department maintains show that federal sentencing guidelines are constitutional.  Enacted in 1987, the guidelines designate factors judges must consider in sentencing defendants.  They have served as a model for criminal sentences ever since. 

The high court threw the sentencing system into turmoil in June.  In a case from Washington state, it ruled that any factor that increases a criminal sentence under the guidelines -- other than a prior conviction -- must be admitted by a defendant in a plea bargain or proved to a jury beyond a reasonable doubt. 

That ruling has left lawyers, judges and legislators uncertain about the validity of federal sentencing guidelines.  It also has prompted speculation that Congress will impose mandatory sentences for a raft of crimes, from minor offenses to major felonies, leaving judges no latitude to allow for individual circumstances.  The Supreme Court in 2002 affirmed the legality of mandatory minimum laws enacted by Congress. 

[snip]

Pubdate:   Thu, 30 Sep 2004
Source:   Wall Street Journal (US)
Copyright:   2004 Dow Jones & Company, Inc. 
Website:   http://www.wsj.com/
Details:   http://www.mapinc.org/media/487
Author:   Gary Fields and Laurie P Cohen
Continues:   http://www.mapinc.org/drugnews/v04.n1391.a08.html


(2) CN QU: JUDGE BLAMES POT IN FATAL STABBING     (Top)

MONTREAL -- Marijuana, a drug viewed as so harmless that Canada is moving to decriminalize possessing it, is being blamed for driving a Quebec man to stab his roommate to death in a paranoid rage. 

A Quebec Superior Court judge imposed an eight-year prison sentence yesterday on Martin Veilleux for an unhinged and unprovoked attack on his friend last March. 

"I think it's useful to emphasize that in this specific case, the marijuana consumed by Veilleux on March 4 and 5, 2003, was at the very least the catalyst that led him to commit a thoughtless and devastating act," Mr.  Justice Gilles Hebert said in his ruling.

Usually described in terms such as mellow and laid back, marijuana received a contrasting assessment from medical experts cited in the case.  They said pot bought on the streets these days is often sprinkled with the psychedelic drug phencyclidine, or PCP.  Further, the pot that Mr.  Veilleux ingested may have also had a high concentration of THC, marijuana's active ingredient. 

Whatever was in it, the drug made Mr.  Veilleux paranoid, aggressive and irritable, psychiatrist Louis Morissette concluded in a report submitted to the court.  The questionable composition prompted a withering critique by Judge Hebert. 

"What terms, what words, what vocabulary must we use to sensitize the public to the sometimes unpredictable consequences of the consumption of marijuana or other drugs whose contents, composition and THC content are completely unknown?"

[snip]

Pubdate:   Thu, 30 Sep 2004
Source:   Globe and Mail (Canada)
Copyright:   2004, The Globe and Mail Company
Website:   http://www.globeandmail.ca/
Details:   http://www.mapinc.org/media/168
Author:   Ingrid Peritz
Continues:   http://www.mapinc.org/drugnews/v04.n1391.a10.html


(3) US TX: DA: DOCTORS MUST TURN IN PREGNANT WOMEN FOR DRUG USE     (Top)

AMARILLO, Texas - Health care providers and several women's groups say a West Texas district attorney's interpretation of a new state law violates doctor-patient confidentiality and could cause expectant mothers to avoid prenatal care. 

Rebecca King, district attorney of Potter and Armstrong counties, argues that obstetricians must tell authorities about illegal drug use by pregnant women under a law designed to protect unborn children.  She says she will prosecute physicians if they persistently fail to report such drug use.  She has gotten convictions against two expectant mothers and plans to prosecute more, citing the law passed last year that classifies unborn babies as individuals.  The law permits criminal prosecution of adults who harm unborn children through illegal acts. 

But many health care professionals - and the sponsor of the law - say King is wrong.  State Rep. Ray Allen, R-Grand Prairie, has July asked Texas Attorney General Greg Abbott to clarify the law, and an opinion expected to rule in January. 

[snip]

Pubdate:   Thu, 30 Sep 2004
Source:   Dallas Morning News (TX)
Copyright:   2004 The Dallas Morning News
Website:   http://www.dallasnews.com/
Details:   http://www.mapinc.org/media/117
Author:   Betsy Blaney, Associated Press
Continues:   http://www.team4news.com/Global/story.asp?S=2353762


(4) D.C. JAIL STAY ENDS IN DEATH FOR QUADRIPLEGIC MD. MAN     (Top)

Care Provided by Hospital, Corrections Dept.  in Question

Jonathan Magbie, a 27-year-old Mitchellville man, was sent to jail in the District last week for 10 days for marijuana possession. 

He never made it home. 

Paralyzed as a child and unable to even breathe on his own, Magbie died last Friday after being shuttled between the D.C.  jail complex and Greater Southeast Community Hospital. 

At the center of the many questions surrounding his death is whether D.C.  Superior Court and the D.C. Department of Corrections did enough to ensure adequate care for the quadriplegic inmate. 

An investigation is underway, but that is little solace to his family, which marched on the courthouse this week with signs accusing the judge of killing Magbie. 

"I'm not saying that he shouldn't have been punished, because he did smoke the marijuana," his mother, Mary Scott, said yesterday, a day after burying her son.  "I just don't think it should have cost him his life."

By the standards of D.C.  Superior Court, the 10-day sentence rendered by Judge Judith E.  Retchin was unusually punitive for a first-time offender such as Magbie.  Along with his defense attorney, Boniface Cobbina, a pre-sentence report had recommended probation, and the U.S.  attorney's office had not objected. 

But Retchin rejected probation alone.  A former federal prosecutor who became a Superior Court judge in 1992, Retchin is known to dispense stiff sentences. 

Police, she pointed out, found a gun and cocaine in the vehicle in which Magbie was stopped in April 2003.  And, despite pleading guilty to the marijuana charge, Magbie told pre-sentence investigators that he would continue using the drug, which he said made him feel better. 

[snip]

Pubdate:   Fri, 01 Oct 2004
Source:   Washington Post ( DC )
Copyright:   2004 The Washington Post Company
Website:   http://www.washingtonpost.com/
Details:   http://www.mapinc.org/media/491
Author:   Henri E.  Cauvin, Washington Post Staff Writer
Continues:   http://www.mapinc.org/drugnews/v04.n1394.a10.html


WEEKLY NEWS IN REVIEW     (Top)


Domestic News- Policy


COMMENT: (5-8)     (Top)

The prohibitionists in Albany County, New York are apparently a little nervous about all the criticism that's being leveled at the drug war during a race for district attorney.  Republicans there are suing to stop a Democrat, who upset an incumbent in the primary race while criticizing the state's Rockefeller drug laws, from accepting money from the Drug Policy Alliance.  The Democratic candidate says the lawsuit is ridiculous, but regardless of the outcome, it's not going to stop the drug war from being wasteful, corrupt mess. 

California's Prop.  36, which allows non-violent drug offenders to be diverted to treatment instead of incarceration, was evaluated three years after its adoption.  The evaluation says the program has rates of success similar to other drug treatment programs. 

Purdue Pharma, the maker of demonized painkiller OxyContin, is releasing a new, reportedly stronger, pain medication.  A careful public relations campaign accompanies the new marketing campaign.  Also this week, a representative from the ONDCP says that drug overdoses kill more people in New Hampshire the automobile accidents. 


(5) GOP SUES TO CHASE $OROS AWAY     (Top)

ALBANY - Albany County Republicans are suing to stop a drug-law reform group bankrolled by billionaire George Soros from pouring more money into the campaign of a local Democratic candidate for district attorney. 

The GOP also says Democratic candidate David Soares should be barred from spending any more money on his race until he returns $50,000 he already received indirectly from Soros' Drug Policy Alliance Network.  The network donated $81,000 during the primary season to the Working Families Party, which spent more than $50,000 on behalf of Soares, who defeated incumbent Democratic DA Paul Clyne in the Sept.  14 primary.

Soares campaign spokeswoman Karen Scharff called the suit "totally ridiculous." A Drug Policy Alliance Network spokesman declined comment.  A hearing on the suit is set for today.

Pubdate:   Tue, 28 Sep 2004
Source:   New York Post (NY)
Copyright:   2004 N.Y.P.  Holdings, Inc.
Details:   http://www.mapinc.org/media/296
Author:   Kenneth Lovett
Cited:   Drug Policy Alliance Network http://www.drugpolicy.org/about/
Bookmark:   http://www.mapinc.org/soros.htm (Soros, George)
Continues:   http://www.mapinc.org/drugnews/v04/n1380/a06.html


(6) REPORT SAYS 1 OF 3 FINISH DRUG REHAB     (Top)

Evaluation Of Prop.  36 Finds Results In Line With Other Court-Mandated Recovery Programs. 

Nearly two-thirds of California drug offenders who began rehabilitation programs between July 2001 and June 2002 did not finish them, according to UCLA researchers who evaluated a California law that sends defendants to treatment rather than prison. 

Researchers said the report, which is being released today, was the first to show statewide results since Proposition 36 took effect three years ago.  The results could be crucial as legislators consider whether to continue the annual $120 million for treatment programs, probation and other costs.  The funding ends in 2006.

The law, which was passed by 61% of voters, represented a dramatic shift in how the courts deal with drug users.  According to the 148-page report, which evaluated the program through June 30, 2003, the rates at which drug abusers completed programs were typical of drug users in other court-mandated programs. 

"Considering the scale of it, what's happened with Proposition 36 is about what you would have expected," said Douglas Longshore, the lead researcher.  "It is not an easy thing to stick with a program to the finish."

More than half of those who entered treatment programs received at least 90 days of services, the study said. 

[snip]

Pubdate:   Thu, 23 Sep 2004
Source:   Los Angeles Times (CA)
Copyright:   2004 Los Angeles Times
Details:   http://www.mapinc.org/media/248
Author:   Anna Gorman
Bookmark:   http://www.mapinc.org/rehab.htm (Treatment)
Continues:   http://www.mapinc.org/drugnews/v04/n1360/a06.html


(7) FDA WILL RESTRICT A NEW PAINKILLER     (Top)

Stronger Than OxyContin, Purdue's Opioid Palladone Has a Potential for Abuse

The Food and Drug Administration approved a powerful long-acting painkiller called Palladone, but the decision came with restrictions designed to avoid the abuse and addiction problems that have arisen with similar drugs. 

The new drug is similar to OxyContin, a controversial medicine made by the same company, closely held Purdue Pharma LP, and it has an active ingredient that is even more potent.  That has raised concerns about the potential for abuse at a time when misuse of prescription drugs -- particularly painkillers -- is rising. 

Purdue says Palladone has a different formulation from OxyContin, which is available generically.  It is a capsule, not a tablet, and has a time-release function that should make it more difficult, though not impossible, to misuse.  Approved by the FDA in 1995, OxyContin became widely abused partly because it could be crushed, unlocking the time-release mechanism and delivering a potent high. 

To reduce the risk of misuse, Palladone will have a phased rollout in which Purdue will limit its promotion of the drug for the first 18 months, focusing initially on doctors who are highly experienced in prescribing similar painkillers.  "The goal is to ensure safe use of the medication," said J.  David Haddox, vice president for health policy at Purdue.  "We're trying to optimize the benefit-risk ratio for this drug."

[snip]

Pubdate:   Mon, 27 Sep 2004
Source:   Wall Street Journal (US)
Page:   B2
Copyright:   2004 Dow Jones & Company, Inc. 
Details:   http://www.mapinc.org/media/487
Author:   Anna Wilde Mathews, Nicholas Zamiska and Gary Fields, Staff
Reporters of The Wall Street Journal
Bookmark:   http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark:   http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)
Continues:   http://www.mapinc.org/drugnews/v04/n1375/a01.html


(8) OD DEATHS EXCEED TRAFFIC FATALITIES IN NH     (Top)

CONCORD -- More people in New Hampshire die from illegal drug overdoses than are killed in traffic accidents, said Scott Burns, deputy to national Drug Czar John Walters. 

"One thing that struck me in coming here is that you have serious problems with heroin and opium," Burns said during a press conference in the office of N.H.  U.S. Attorney Tom Colantuono.

Illegal drugs of choice in New Hampshire are heroin, opium, cocaine and crack cocaine, Burns said.  Other statistics indicate that the use marijuana is spreading among 10, 11 and 12 year olds nationally, Burns said. 

[snip]

Pubdate:   Wed, 29 Sep 2004
Source:   Union Leader (NH)
Copyright:   2004 The Union Leader Corp. 
Details:   http://www.mapinc.org/media/761
Author:   Warren Hastings, Concord Bureau
Continues:   http://www.mapinc.org/drugnews/v04/n1388/a06.html


Law Enforcement & Prisons


COMMENT: (9-12)     (Top)

The U.S.  Coast Guard was busy last year, almost doubling the amount of cocaine it seized over the previous year.  And the previous year's seizure numbers were so high they set their own record.  They could double again next year and it would stop the flow. 

More drug-related corruption this week, as the Dallas Morning News is looking into drug informant who may have been allowed to participate in multiple murders while he was on the job.  Also in Texas, while drug-sniffing dogs can be used as good PR tools (even if they're not all that good at doing their jobs), the Smith County Sheriff's office used them in a novel way: to create an unaudited slush fund. 

Finally, what exactly constitutes a meth lab? In West Virginia, prosecutors want it to be whatever they say it is. 


(9) COAST GUARD SETS DRUG ARREST RECORD     (Top)

With improved intelligence and equipment, the Coast Guard has set a record for the amount of cocaine seized in one year. 

In the last year the U.S.  Coast Guard seized more than 240,518 pounds of cocaine headed for the United States, shattering the agency's record for at-sea seizures in a single year. 

Although the largest amount of drugs was confiscated in the Pacific Ocean, the Caribbean region also saw a big jump and accounted for more than half of the boats seized this year, said Lt.  Anthony Russell , a Coast Guard spokesman. 

Coast Guard officials attribute the record-breaking numbers to better intelligence and better equipment.  The record, set last year, was 138,393 pounds of cocaine. 

[snip]

Pubdate:   Tue, 28 Sep 2004
Source:   Miami Herald (FL)
Copyright:   2004 The Miami Herald
Details:   http://www.mapinc.org/media/262
Author:   Elaine De Valle And Brooke Prescott
Bookmark:   http://www.mapinc.org/coke.htm (Cocaine)
Continues:   http://www.mapinc.org/drugnews/v04/n1383/a08.html


(10) EDITORIAL: WE CAN'T TOLERATE THIS     (Top)

Cornyn Should Push Probe of Juarez Informant

In the 1970s and 1980s, the Boston FBI was more mobbed up than the mob.  Leading agents knew that their informants were racketeers, druggies and the subject of rumors about gangland murders.  That didn't matter.  They tipped informants off about sting operations and even exchanged Christmas presents with them. 

As hard as it is to imagine, history may be repeating itself in El Paso, where the office of a federal border agency is facing its own version of informants gone bad. 

The Dallas Morning News' Alfredo Corchado reported twice this week on the situation.  First, files from the Immigration and Customs Enforcement agency show that U.S.  agents knew the Juarez informant helping them crack a Mexican drug cartel was more than a bystander to a border murder. 

According to ICE documents, Mr.  Corchado reported, the informant, known as Lalo, assigned people their roles in slayings.  He suggested how they knock off a victim.  And he paid the killers. Lalo even sometimes alerted U.S.  agents when the deed was done.

[snip]

Pubdate:   Fri, 24 Sep 2004
Source:   Dallas Morning News (TX)
Copyright:   2004 The Dallas Morning News
Details:   http://www.mapinc.org/media/117
Continues:   http://www.mapinc.org/drugnews/v04/n1363/a05.html


(11) HALF A MILLION DOLLARS FLOWED INTO K-9 FUND     (Top)

[Telegraph] Editor's Note: First in a two-part series examining transactions found within Sheriff J.B.  Smith's unaudited K-9 and Livestock Fund. 

Over the past 10 years, Smith County sheriff's officials have deposited more than a half-million dollars into the K-9 and Livestock Fund, including $46,900 from the county's longtime and current jail commissary vendors, bank records show. 

For months, the newspaper has studied account records after obtaining the documents through the Open Records Act. 

Sheriff J.B.  Smith has said the K-9 and Livestock bank account has been a fund used primarily to support horses and bloodhounds for search and rescue operations, but a review of account activity by the Tyler Courier-Times--Telegraph shows money went for more than feed, vet bills, horseshoes and saddles. 

Money from the drug forfeiture account and other audited county funds has been deposited into this account, records show and officials confirmed.  By law, drug forfeiture money must remain in a separate audited account. 

Other money generated from the sale and upkeep of stray livestock was moved from an audited county account into this unaudited sheriff's fund. 

Beginning in October, the sheriff said this account will be closed and its functions routed through the county's regular, audited ledgers. 

[snip]

Pubdate:   Sun, 26 Sep 2004
Source:   Tyler Morning Telegraph (TX)
Copyright:   2004 T.B.  Butler Publishing Company, Inc.
Details:   http://www.mapinc.org/media/1669
Authors:   Jacque Hilburn And Roy Maynard, Staff Writers
Continues:   http://www.mapinc.org/drugnews/v04/n1382/a04.html


(12) LAW LEAVES QUESTIONS     (Top)

What Exactly Constitutes A Meth Lab? Jurors Stumped

When police found methamphetamine, more than 150 cold pills, a glass flask and a butane torch in Robert E.  Dickerson's truck in December, they declared that they had uncovered a budding drug lab. 

That was news to Dickerson, a 48-year-old methamphetamine user from Nitro who says he was just carrying around his drug paraphernalia. 

And thanks to the vagaries of the state's year-old meth lab law, even the courts aren't sure whether Dickerson was carrying around a drug factory.  The problem: State law doesn't say what constitutes a meth lab. 

So at Dickerson's trial this week in Kanawha Circuit Court, jurors were asked to decide for themselves.  Prosecutors claimed that he violated the law because he had enough cold pills to make meth, while Dickerson's lawyer argued that the law didn't apply to his client because he didn't have everything he needed to make the drug. 

The debate left the 12-person jury split, forcing Judge Irene Berger to declare a mistrial Thursday. 

[snip]

Pubdate:   Fri, 24 Sep 2004
Source:   Charleston Gazette (WV)
Copyright:   2004 Charleston Gazette
Details:   http://www.mapinc.org/media/77
Author:   Toby Coleman
Bookmark:   http://www.mapinc.org/meth.htm (Methamphetamine)
Continues:   http://www.mapinc.org/drugnews/v04/n1360/a05.html


Cannabis & Hemp-


COMMENT: (13-16)     (Top)

The good news of the week is that the three year battle to keep hemp products available on store shelves is finally over and common sense is the winner.  The Feds had until Monday night to pursue their argument that the DEA had regulatory authority over hemp products, despite an Appeals court ruling it only pertained to marijuana and synthetically-derived THC.  Isn't it nice to know that you can continue to indulge in your favorite hemp products, hemp ale, or other nutritious hemp snack without the fear of being arrested?

What does legal marijuana look like? If some bold Nevada citizens have their way, people in that state may find out.  Signatures are being collected for a ballot initiative that states, "Rather than spending millions of taxpayer dollars arresting marijuana users, the state of Nevada should instead generate millions of dollars by taxing and regulating marijuana, and earmark part of these revenues to prevent and treat the abuse of marijuana, tobacco, alcohol and other drugs."

A majority of Montana voters polled may be against gay marriage, but they are decidedly for medical marijuana and that is good news for those behind Initiative I-148.  If passed by a simple majority in November's general election, I-148 would protect patients using marijuana for medical purposes, their doctors and their caregivers from arrest and prosecution. 

While new California law, Senate Bill 420, adds new rules about medical marijuana, cannabis clinics are still snared in the perpetual state/federal conflict, as East Bay cities move to shut down the medical marijuana shops.  Although they cite concerns about the crime and undesirables they attract, the real concern is usurping federal statutes and the consequences of doing so.  Some cities such as Fremont, are proposing a 45-day emergency ban on the dispensaries, in a preemptive move to ward off the reality of Prop 215. 


(13) HEMP, HEMP, HOORAY!     (Top)

Santa Cruz retailers Monday hailed the federal government's decision not to pursue a ban on food made with or from the controversial hemp plant. 

The decision comes three years after the Bush administration tried to stop sales of food made with hemp, which contains trace amounts of tetrahydrocannobinol, or THC, the mind-altering chemical in marijuana. 

Patrick Goggin, a San Francisco lawyer representing the Hemp Industries Association, said the government informed the group's legal team that it would let Monday's deadline to appeal expire. 

"I think they're choosing their battles.  They don't see this as a battle they can win," Goggin said. 

[snip]

Pubdate:   Tue, 28 Sep 2004
Source:   Santa Cruz Sentinel (CA)
Copyright:   2004 Santa Cruz Sentinel
Details:   http://www.mapinc.org/media/394
Author:   Genevieve Bookwalter, Sentinel staff writer
Cited:   Hemp Industries Association http://www.thehia.org/
Bookmark:   http://www.mapinc.org/hemp.htm (Hemp)
Continues:   http://www.mapinc.org/drugnews/v04/n1380/a07.html


(14) MARIJUANA MARKET INITIATIVE PLANNED     (Top)

CARSON CITY -- Backers of pot decriminalization are pushing a plan that would establish marijuana markets, stores licensed to sell pot and taxed by the state. 

If the signature-gathering effort succeeds, the marijuana markets proposal would then be considered by the 2005 Legislature. 

The Committee to Regulate and Control Marijuana filed its petition Monday with Secretary of State Dean Heller and it has until Nov.  9 to collect 51,337 signatures of registered voters. 

The new Nevada initiative says, "Rather than spending millions of taxpayer dollars arresting marijuana users, the state of Nevada should instead generate millions of dollars by taxing and regulating marijuana, and earmark part of these revenues to prevent and treat the abuse of marijuana, tobacco, alcohol and other drugs."

[snip]

Pubdate:   Tue, 28 Sep 2004
Source:   Las Vegas Sun (NV)
Copyright:   2004 Las Vegas Sun, Inc
Details:   http://www.mapinc.org/media/234
Author:   Cy Ryan, Sun Capital Bureau
Cited:   http://www.regulatemarijuana.org/
Continues:   http://www.mapinc.org/drugnews/v04/n1380/a04.html


(15) POLL FINDS SUPPORT FOR INITIATIVES, AMENDMENT     (Top)

HELENA - Montana voters are big on traditional marriage, medical marijuana and taxing tobacco, a new Lee Newspapers poll shows. 

By a 61 to 32 percent margin, voters said they would support changing the Montana Constitution to define marriage as valid only if it involves one man and one woman and ban gay marriages.  Seven percent were undecided on this measure, which will be on the November ballot as Constitutional Initiative 96. 

A lopsided majority said they would vote for Initiative 148 to legalize marijuana for people with debilitating medical conditions.  The poll found 58 percent said they would vote for the measure, while 29 percent were against it and 13 percent were undecided. 

I-148 would protect patients using marijuana for medical purposes, their doctors and their caregivers from arrest and prosecution. 

[snip]

Pubdate:   Tue, 28 Sep 2004
Source:   Missoulian (MT)
Copyright:   2004 Missoulian
Details:   http://www.mapinc.org/media/720
Author:   Jennifer McKee, of the Missoulian State Bureau
Cited:   Initiative 148 http://www.montanacares.org/
Bookmark:   http://www.mapinc.org/topics/Initiative+148
Continues:   http://www.mapinc.org/drugnews/v04/n1380/a01.html


(16) FREMONT NIPS POT SHOPS IN THE BUD     (Top)

FREMONT -- As several East Bay cities move to shut down medical marijuana shops due to concerns they are magnets for crime, distributors have been turning to places such as Fremont to keep cannabis flowing to their patients. 

But Fremont officials, initially caught off guard, are proposing a 45-day emergency ban on the dispensaries to "protect the public health, safety and welfare."

"This is an inherent conflict between state statute and federal statute," Steckler said.  "We should not be put in a position to turn a blind eye to federal law."

[snip]

Pubdate:   Sat, 25 Sep 2004
Source:   Argus, The (CA)
Details:   http://www.mapinc.org/media/1642
Author:   Scott Wong, Staff Writer
Cited:   Americans for Safe Access http://www.safeaccessnow.org
Continues:   http://www.mapinc.org/drugnews/v04/n1378/a08.html


International News


COMMENT: (17-20)     (Top)

U.S.  drug warriors once touted Bolivia's coca eradication as a model of Latin American obedience to U.S.  dictates. Now we learn coca production in Bolivia is rising as farmers in the rugged Andean nation insist that only coca is profitable for them.  A graveyard of failed Bolivian crop-substitution and eradication programs pushed by central planners in the U.S.  seems to support the view of the coca farmers there, as well, according to a Knight-Ridder piece this week.  Increasingly, coca farmers demand non-cocaine coca products be sold legally.  "When you talk of eradication, whether it is forced or voluntary, it raises doubts," noted one co-op leader.  "Why not instead commercialize coca?"

After the Thai police showed they were going to "get tough" on "drugs", after the summary executions of more than 2,000 suspected Thai drug offenders in past year or so, did those "tough" measures cause drugs to go away from Thai society? Of course not.  Meth, a recent U.S.  State Department report verified, is still flowing to Thailand, just as before.  Other sources say Chinese are honing in on the profitable market, displacing Burmese meth sellers.  "Thailand is a large and profitable market for ya ba, and therefore, targeted by the producers and smugglers," noted police sources. 

Ironically, as some observe meth pills (known as "shabu" or "ya ba") pouring into Thailand as never before, others (government officials) still keep a straight face as they claim Thailand will be drug-free in "6 to 7 years." This latest Thai drug warrior fantasy was mouthed at a workshop by the director of Thailand's Northern Narcotics Control Centre, Pitthaya Jinawat.  Jinawat revealed "he was certain Thailand would be free of illegal drugs by 2010 or 2011," according to the Bangkok Post.  Such drug-free proclamations always meet with failure; the U.S.  Congress declared in 1988 that America would be drug-free by 1995.  The U.N. declared in 1998 that by 2008 "a drug-free world" will be reality. 

Secret police and prohibitionists have enjoyed a long and endearing love affair.  The detection of victimless crimes such as using or selling cannabis requires secretive and underhanded methods; secret police specialize in such methods.  An article from Russia this week underlines the tendency again, as Russians have second thoughts about a new drug agency that has risen from the ashes of the KGB.  Formed from ex-KGB and tax police, the Federal Drug Control Agency has become a "reincarnated KGB" using the same secret police tactics.  While failing to reel in any big drug traffickers, the agency has proven efficient at busting books on cannabis (as illegal pro-drug "advertising"), at closing clean-needle exchanges, and at handing out fines to vendors of t-shirts depicting cannabis leaves. 


(17) COCA PRODUCTION, ONCE LARGELY CURBED IN BOLIVIA, IS RISING     (Top)AGAIN

LA ASUNTA, Bolivia - (KRT) - The Shangri-La of coca growing lies in Bolivia's remote and mountainous Yungas region east of La Paz, where lush, bright green coca plants spill down mountainside terraces unchanged since the Incas ruled. 

Farmers and impenetrably rugged terrain keep outsiders and government coca eradicators from the terraces and tiny villages carpeted in the drying coca leaves from which cocaine is made. 

Elsewhere in Bolivia, nearly 300,000 acres of coca have been uprooted since the late 1980s.  But the country's 15 percent share of world production is expected to soar due to new plantings and a protracted domestic political crisis that's weakened drug enforcement efforts.  By next year, Bolivia is expected to pass Peru as the world's second-biggest coca grower after Colombia. 

[snip]

Bolivian and U.S.  authorities, along with U.N. monitors, estimate that more than 58,000 acres of coca were grown in Yungas last year, twice the legal limit.  Much of the coca is new planting, not yet at maximum yields. 

Cocalero leaders don't dispute the growth, but they say it's because the new plantings simply offset lower yields. 

"They don't have the production of the past," said Dionicio Nunez, a first-term congressman from La Asunta and a leader of coca-growing federation.  "This just supports falling production."

A U.S.  official involved in the Andean drug war, speaking on the condition of anonymity, disagreed.  The official attributed much of the growth to "growing demand from drug traffickers."

[snip]

Earlier this month, Bolivian President Carlos Mesa outlined a new anti-drug strategy, the first in Bolivia to favor development of alternative crops rather than forced eradication of coca by soldiers.  The shift concedes that forced eradication won't work in the Yungas. 

One problem is that the region is too high for helicopters to deliver and re-supply troops.  Also, its roads are perilous and easy to sabotage. 

Coffee is the logical substitute crop, but local experts aren't optimistic. 

"If the government tries forced eradication or something that directly affects the producers, who knows what will happen," said Federico Magueno, a leader of the Cencoop coffee cooperative in Coroico. 

"When you talk of eradication, whether it is forced or voluntary, it raises doubts.  Why not instead commercialize coca?"

[snip]

Pubdate:   Wed, 29 Sep 2004
Source:   Ledger-Enquirer (GA)
Copyright:   2004 Ledger-Enquirer
Details:   http://www.mapinc.org/media/237
Author:   Kevin G.  Hall, Knight Ridder Newspapers
Bookmark:   http://www.mapinc.org/coke.htm (Cocaine)
Bookmark:   http://www.mapinc.org/areas/Bolivia
Continues:   http://www.mapinc.org/drugnews/v04.n1388.a03.html


(18) METH STILL POURING IN TO THAILAND     (Top)

A recent U.S.  State Department report salutes Thailand's progress in shutting down international drug traffickers, but much remains to be done on the home front. 

Despite stepped up efforts at suppression by Burmese authorities, huge quantities of methamphetamines _ known in Thailand as ya ba (crazy drug) _ are still made in clandestine labs in Burma and smuggled into Thailand via the common border and through neighbouring countries.  Intelligence sources say that most of the estimated 800 million ya ba tablets produced annually in Burma enter into Thailand. 

According to Sai Kam (not his real name), who works for an anti-narcotics group in Nam Hkam township of northern Shan State in Burma, it's actually the Chinese in Burma, Cambodia, Laos and Thailand who control the production, smuggling and distribution of ya ba, and they are well organised and have a very efficient communications system. 

[snip]

"Northern and especially southern regions of Shan State, near to Thailand, are the prime ya ba production areas.  They are run and financed by Chinese, Lahu, Pa-O and Shan gangs as well as various militias.  The United Wa State Army (UWSA) and the National Democratic Alliance Army (NDAA) have shares in the business as well.  Both are among the 17 armed groups which have made ceasefire agreements with the Burmese military government.  Most of the groups are involved in the drug business," Sai Kam said. 

[snip]

"Thailand is a large and profitable market for ya ba, and therefore, targetted by the producers and smugglers in neighbouring countries.  They figure out that instead of smuggling expensive heroin to the West, it will be much safer to dump the ya ba pills on the Thai market.  Of course, there must also be a huge distribution network in the country," Sai Kam said without elaborating. 

[snip]

Pubdate:   Sun, 26 Sep 2004
Source:   Bangkok Post (Thailand)
Copyright:   The Post Publishing Public Co., Ltd.  2004
Details:   http://www.mapinc.org/media/39
Author:   Maxmilian Wechsler
Bookmark:   http://www.mapinc.org/meth.htm (Methamphetamine)
Continues:   http://www.mapinc.org/drugnews/v04.n1378.a05.html


(19) THAILAND COULD BE 'CLEAN IN 6 TO 7 YEARS'     (Top)

Chiang Mai _ The director of the Northern Narcotics Control Centre is confident Thailand will be free of illegal drugs in six or seven years. 

Thailand will also support drug suppression in neighbouring countries through intelligence sharing and technical assistance. 

Pitthaya Jinawat told a workshop he was certain Thailand would be free of illegal drugs by 2010 or 2011, well before 2015, the year set by the United Nations for Asian nations to become drug free. 

[snip]

Pubdate:   Mon, 27 Sep 2004
Source:   Bangkok Post (Thailand)
Copyright:   The Post Publishing Public Co., Ltd.  2004
Details:   http://www.mapinc.org/media/39
Author:   Cheewin Sattha
Continues:   http://www.mapinc.org/drugnews/v04.n1378.a07.html


(20) RUSSIANS WORRY ABOUT DRUG AGENCY'S POWER     (Top)

Veterinarians, Booksellers Have Been Raid Targets

MOSCOW - When an urgent telephone summons came in to the Bon-Pet clinic last October, Alexander Duka responded as always: He loaded his medical bag and set off in his car, prepared to operate on an injured dog. 

But when he arrived at the address and prepared a syringe with the anesthetic ketamine, Duka found himself under arrest in a sting operation conducted by undercover agents of Russia's powerful new drug-fighting agency. 

Formed a year ago to bring the full force of the country's law enforcement to bear against a growing drug crisis, the agency -- headed by a close friend of President Vladimir Putin from the KGB -- has an army of 40,000, four times larger than the U.S.  Drug Enforcement Administration. 

But at a time when Russia is reeling from terror attacks that have killed 1,000 people in the past two years, critics point to the new agency as a study in misplaced priorities and questionable tactics. 

Resources that could have been devoted to fighting big-time drug traffickers or cracking down on Chechen guerrillas have gone instead to campaigns against veterinarians, physicians and dentists; vendors of popular T-shirts bearing images of marijuana leaves; and bookstores selling tomes on the medicinal uses of illegal narcotics. 

"It's classic Russian bureaucracy: to search not where something is lost but where the light is hanging," said Vladimir Pribylovsky, a political analyst who runs the Panorama research organization in Moscow.  "It's easier to fight against books than heroin or terrorists."

[snip]

To many critics, the Federal Drug Control Agency has become a sort of reincarnated KGB, employing Soviet-era tactics to suppress alternative points of view and running symbolic campaigns while failing to tackle the sources of the Russian drug business.  Many of its top officials spent much of their careers in the KGB.  Its director, Viktor Cherkesov, investigated Soviet dissidents as a top official in the spy agency's infamous 5th Directorate. 

Many of its victories have been symbolic, such as persuading a court to declare that leaflets urging a change in Russian policy were illegal pro-drug "advertising" and seeking the closure of clean-needle programs aimed at fighting the country's growing AIDS epidemic. 

[snip]

Pubdate:   Sun, 26 Sep 2004
Source:   Lexington Herald-Leader (KY)
Copyright:   2004 Lexington Herald-Leader
Details:   http://www.mapinc.org/media/240
Author:   Susan B.  Glasser, The Washington Post
Continues:   http://www.mapinc.org/drugnews/v04.n1370.a03.html


HOT OFF THE 'NET     (Top)

DECRIMWATCH.COM

A new weblog following news about marijuana decriminalization, particularly in Chicago

http://www.decrimwatch.com/


TONY CANNAVINO VS JODY PRESSMAN

This debate with live callers gets an overwhelming legalization message from very educated Canadians.  Pierre Berton, Chuck Beyer, and Alison Myrden call in with their messages on legalization.  Jody Pressman of NORML Canada does an excellent job. 

http://www.pot-tv.net/archive/shows/pottvshowse-3044.html


CANADA TO MAKE A DECISION ON BOJE "REEFER REFUGEE" CASE

The Canadian Justice Department has just released Disclosure on the US Extradition case against Renee Boje, meaning Justice Minister Irwin Cotler is eager to make a decision on the 5 yr old case in the next few months.  Renee faces a Federal ten year mandatory minimum for allegedly watering plants at a California medical grow. 

http://www.pot-tv.net/archive/shows/pottvshowse-3059.html


POT TV NEWS WITH LORETTA NALL SEPT 27 2004

Lift up your hands and Shout AMEN! On September 25 2004 Loretta Nall of the Alabama Marijuana Party, Roberta Franklin (director of Family Members of Inmates), Michael Blain (public policy director for The Drug Policy Alliance), and concerned loved ones of the incarcerated descended upon Montgomery, Alabama to march in protest against the Habitual Offender Law, draconian drug laws, and the prison crisis in the state of Alabama. 

http://www.pot-tv.net/archive/shows/pottvshowse-3042.html


DRUG CONNECTIONS

Dennis Hastert steals a move from John Kerry

by Jacob Sullum

When House Speaker Dennis Hastert insinuated that billionaire Bush basher George Soros is on the payroll of drug traffickers, Democrats cried foul.  Yet their presidential candidate once perpetrated the same sort of smear against another prominent critic of the war on drugs.  The ad hominem rhetorical strategy deployed by both Hastert and John Kerry illustrates the reluctance of drug prohibitionists to engage in reasoned debate with their opponents. 

Continues:   http://www.reason.com/sullum/100104.shtml


STOP THE FEDERAL WAR ON PATIENTS FOREVER

October 5, 2004, Washington DC

PATIENTS CONVERGE TO DEMAND RESCHEDULING

This rally of medical marijuana patients and medical
associations will affirm that marijuana DOES have accepted medical use, and to recommend its immediate rescheduling! It is time that HHS accepts that Our Health is in Their Hands, and does their job. 

http://safeaccessnow.org/article.php?id=1295


LETTER OF THE WEEK     (Top)

MANY ASPECTS OF THE DRUG WAR ARE 'TOO BAD'

By Robert K.  Kirchoff

A portion of your Sept.  18 editorial "Good Decision" left me disgusted.  You wrote "charges against ( X ) were dismissed. That is to bad". 

Too bad that half of the federal prison spaced is used to jail nonviolent drug offenders. 

Too bad that some states, like California, have more nonviolent drug offenders serving 25 years to life without parole than all their thieves, rapist and murderers combined. 

And, too bad, to those nonviolent drug offenders who have been raped in prison and infected with AIDS, in essence sentenced to death for using marijuana. 

Too bad that the average prison time served by nonviolent drug offender exceeds the average time served by a murder. 

Too bad innocent citizens have been killed or maimed for life in accidental wrong address raids by agents of the state.  Too bad innocent citizens have had money and property confiscated ( stolen

Too bad the CIA has been involved in bringing narcotics to Americans who are then arrested and jailed for using these same narcotics. 

Too bad the federal government has openly supported with money and weapons dictators, who are drug lords so long as these have declared themselves to be anti-Communist. 

Too bad is a shameful nation that drags its rambunctious little boys to pediatricians to get that much needed Ritalin then jails its men for smoking pot. 

Too bad, is a citizenry grown so sheepish that it continues to convict nonviolent drug offenders instead of defying the law and demanding a different approach. 

And, its to bad, a Vermont army guard recognizance aerial unit is out looking for marijuana plants at a time when the country is engaged in a perilous struggle against terrorism. 

Robert K.  Kirchoff

Watertown

Pubdate:   Fri, 24 Sep 2004
Source:   Watertown Daily Times (NY)
Details:   http://www.mapinc.org/media/792
Referenced:   http://www.mapinc.org/drugnews/v04.n1328.a08.html
Related:   http://www.mapinc.org/drugnews/v04.n1328.a07.html


FEATURE ARTICLE     (Top)

Government Must Correct Medical Marijuana Misinformation

By Americans For Safe Access

When the government says there is no medical use for marijuana, it's just plain wrong, according to a petition being filed Monday under the Data Quality Act, a little-known law that requires federal agencies to rely on sound science. 

If the patient-advocacy group filing the claim prevails, the Department of Health and Human Services will have to change its tune on medical marijuana and publicly admit that the drug is now routinely used for medical treatment. 

Americans for Safe Access, the national medical-marijuana advocacy group responsible for the petition, will hold a noon press conference at the National Press Club.  Reporters will enjoy a light lunch and hear from leading researchers, medical marijuana patients, and representatives from a few of the dozens of professional health organizations that have endorsed changing federal rules on medical marijuana, including the American Public Health Association and the American Nurses Association. 

At issue is the government's insistence that "marijuana has no currently accepted medical use in treatment in the United States." According to the petition, scientific research, federal reports and patient experience all show marijuana works for pain, nausea, loss of appetite, anxiety, and spasticity. 

Admitting marijuana has medical use would clear the way to allowing doctors to prescribe marijuana to their patients.  Currently, nine states have laws permitting patients to legally use it, but they are at odds with the federal prohibition that ranks marijuana as more dangerous than cocaine or amphetamines. 

Those debunking the government's claim will include Marcus Conant, M.D., leading HIV/AIDS clinician and researcher whose suit against the government established the right of physicians to recommend marijuana to their patients; Denis Petro, M.D., chief of neurology, Malcolm Grow Medical Center of Andrews Air Force Base, a leading researcher in treating Multiple Sclerosis with marijuana and its cannabinoid components; and Robert Melamede, Ph.D., chair of the biology department, University of Colorado at Colorado Springs, where he researches and teaches on the role of cannabinoids in health and disease. 

For more information about Americans for Safe Access visit http://www.safeaccessnow.org/


QUOTE OF THE WEEK     (Top)

"The nobility of our calling will always be rooted in two commitments difficult to observe: refusal to lie about what we know, and resistance to oppression." - Albert Camus, on being a writer


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