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DrugSense Weekly
July 4, 2003 #307


Table of Contents

* Breaking News (12/21/24)


* This Just In


(1) Ancient Valley A Last Haven For Bolivia Coca Growers
(2) Not All Pot Smokers Mellow On Cannabis Day
(3) End Of A Desperate Legal Battle?
(4) Donald M. Topping / 1929-2003

* Weekly News in Review


Drug Policy-

COMMENT: (5-9)
(5) White House to Study Cities' Drug Programs
(6) DEA: We Can't Solve All Of Kaua'i's Drug Problems
(7) Eagles Get Drug Law Clarification
(8) Schools the Winners in Forfeiture Decision
(9) Drug of Choice

Law Enforcement & Prisons-

COMMENT: (10-13)
(10) Police Raid Gone Awry: A Muddled Path to the Wrong Door ER
(11) Recovered Drug Money To Bolster Sheriff's Department
(12) Change Ahead for Drug Cases
(13) Holden Signs Bill Relaxing Sentencing Laws For Some Offenders

Cannabis & Hemp-

COMMENT: (14-17)
(14) Appeals Court Rejects DEA Bid To Outlaw Hemp Foods
(15) UK MS Sufferer Maintains Suicide Threat As Drug Case Is Dropped
(16) Up In Smoke
(17) Vancouver Tourism: Gone To Pot?

International News-

COMMENT: (18-21)
(18) Colombia Halts Drug Eradication To Do Herbicide Study
(19) Doctors Call For Drug Legalisation
(20) Tanzcos' Hemp Import Seized
(21) Medical Cannabis Bill Delayed: Carr

* Hot Off The 'Net


    UN Global Illicit Drug Trends Report
    Smoking Judge Strikes Blow For Pot Puffers
    A Mathematical Model Of Bill O'Reilly
    Souder Asks FDA For Full Truth About Marijuana
    "Decrim" Won't Apply In All Provinces, Say Law Experts
    Yet Another 'Oops, Wrong House' Drug Raid

* Letter Of The Week


    Acceptable Medicine / By Jim Miller

* Feature Article


    Bill To Protect Ohio Patients Ready For Introduction / By Jim White

* Quote of the Week


    Anthony Kennedy


THIS JUST IN    (Top)

(1) ANCIENT VALLEY A LAST HAVEN FOR BOLIVIA COCA GROWERS    (Top)

ASUNTA, Bolivia (Reuters) - Connoisseurs of coca, chewed by Indians since the Inca Empire, say the most succulent of the green leaves grow in Bolivia's Yungas Valley.

Too succulent, perhaps, for their own good.

"The government and Washington want to bury us," said Dionisio Nunez, a cellphone-carrying Indian farmer and legislator in one of the last places on Earth where the leaf, also used to make cocaine, is still legally grown and sold.

The Yungas is kind of a Napa Valley of coca where 500 years ago "sacred leaves" were packed on llamas to supply Inca emperors across the Andes and where even now picture-postcard coca terraces grow as far as the eye can see.

This area will likely be the new battleground in the U.S-backed war to eradicate cocaine in Bolivia, a battle that has sparked violent protests by Indians elsewhere in the country which is the world's third-largest cocaine producer after Colombia and Peru.

While U.S.-trained soldiers have eradicated much of Bolivia's coca crops, 30,000 acres in Yungas are reserved by the government for farmers to grow coca for its traditional uses -- to ward off hunger, pay respect to Andean gods or cure illnesses.

But a production boom in recent years has fed suspicions that farmers are illegally exceeding the quota and that growing amounts of leaves are being made into cocaine.

[snip]

Pubdate:   Wed, 2 Jul 2003
Source:   Reuters (Wire)
Copyright:   2003 Reuters Limited
Author:   Alistair Scrutton
Continues:   http://www.mapinc.org/drugnews/v03.n995.a12.html


(2) NOT ALL POT SMOKERS MELLOW ON CANNABIS DAY    (Top)

Angry Speakers Say Sick People Can't Legally Get Marijuana

Organizers hoped the afternoon would be a call to "get up, stand up, stand up for your rights," but for much of the crowd at the eighth annual Cannabis Day on the Dartmouth Common, it was more a chance to "get together and feel all right."

With the music of Bob Marley and Pink Floyd blasting, a clear sky and an extraordinary number of ice cream vendors on hand, the day may have been more suited to relaxation than activism.

Organizer Mike Stackhouse said he thought the day's speakers, including several medical marijuana users and a Rastafarian, irate about restrictive marijuana laws, would spur recreational users into action.

"Hopefully (they'll take away) some hope and some purpose to be active in their own right," he said.

"There are a lot of young people here and maybe by the time they hit voting age, they're going to vote with what's in line with their beliefs."

The mellow mood on Tuesday may itself have made a point.

"There are a lot of lies perpetrated about the drug.  We're here to expose those lies," Mr.  Stackhouse said.

[snip]

Pubdate:   Wed, 02 Jul 2003
Source:   Halifax Herald (CN NS)
Copyright:   2003 The Halifax Herald Limited
Contact:  
Website:   http://www.herald.ns.ca/
Details:   http://www.mapinc.org/media/180
Author:   John Gillis
Continues:   http://www.mapinc.org/drugnews/v03.n994.a04.html


(3) END OF A DESPERATE LEGAL BATTLE?    (Top)

'Okey dokey.  Night-night." These were the last words Elizabeth "Biz" Ivol , the Orkney multiple sclerosis sufferer and famed manufacturer of cannabis chocolates, spoke to me on Tuesday evening, as we finished arranging for me to interview her the next day at her home in Herston, South Ronaldsay.

Facing charges of cultivating, possessing and supplying cannabis, she sounded tired: all hell was going to break loose at her cottage next day, she reckoned, as the media descended, following the reconvening of her trial in Kirkwall for what she and her many supporters argue was simply helping alleviate the pain of other MS sufferers.

Then there was that certain other matter: following the conclusion of that trial, as she had publicly promised, Biz Ivol would take her own life, painkillers washed down with Champagne being one suggested method.  She had already taken delivery of an environmentally friendly cardboard coffin.

By the time my flight touched down at an overcast Kirkwall around one o' clock on Wednesday, however, things had changed dramatically.  The Crown had dropped the case on medical grounds - a case which many feel should never have reached the courts in the first place - and Biz Ivol had been rushed, unconscious, to hospital at Kirkwall that morning, suffering from a suspected drug overdose.

[snip]

Pubdate:   Fri, 04 Jul 2003
Source:   Scotsman (UK)
Copyright:   The Scotsman Publications Ltd 2003
Website:   http://www.scotsman.com/
Details:   http://www.mapinc.org/media/406
Author:   Jim Gilchrist
Bookmark:   http://www.mapinc.org/people/Biz+Ivol
Continues:   http://www.mapinc.org/drugnews/v03.n1001.a07.html


(4) DONALD M. TOPPING / 1929-2003    (Top)

UH Linguistics Professor Pushed for Medicinal Marijuana

Donald M.  Topping, a retired University of Hawaii professor and advocate for medicinal marijuana, died Sunday at his Manoa home.  He was

Born in a suburb of Huntington, W.Va., Topping spent more than half his life in Hawaii.  For 35 years he worked for the University of Hawaii as a linguistics professor and administrator.  Topping believed that everyone should teach, his wife, Priscilla, said.

[snip]

Topping co-founded the Drug Policy Forum of Hawaii in 1993 and served as president for 10 years.  He and the group pushed for the legalization of medical marijuana in Hawaii.

"His last work was his favorite," Priscilla Topping said.  He really liked "educating people about the dangers of drugs and telling them the truth."

The Drug Policy Forum persuaded former Gov.  Cayetano to back a bill to legalize medicinal marijuana in Hawaii.

Topping battled cancer for about 15 years.

[snip]

Pubdate:   Thu, 03 Jul 2003
Source:   Honolulu Star-Bulletin (HI)
Copyright:   2003 Honolulu Star-Bulletin
Contact:  
Website:   http://www.starbulletin.com/
Details:   http://www.mapinc.org/media/196
Author:   Elizabeth Fong
Continues:   http://www.mapinc.org/drugnews/v03.n1000.a13.html


WEEKLY NEWS IN REVIEW    (Top)


Domestic News- Policy


COMMENT: (5-9)    (Top)

The drug czar plans to tour 25 major U.S.  cities to "study" local drug policy and share information about what's working.  Expect very short meetings.  In other federal news, the DEA is offering help to cities fight against drugs by placing agents locally.  In Hawaii, DEA officials are trying not to build too many expectations, saying they won't "cure things."

The DEA has succeeded in one area: restricting free speech through the RAVE Act.  DEA officials now insist new guidelines regarding the RAVE Act have been implemented so incidents like the cancelled NORML/SSDP benefit in Montana won't happen again.

From Utah, a new ruling against police who took money from drug busts despite a voter-approved measure directing the money to schools.  And in Maryland, a state committee will discuss a grand jury report out of Baltimore suggesting a broad range of drug policy reform.


(5) WHITE HOUSE TO STUDY CITIES' DRUG PROGRAMS    (Top)

Baltimore On Itinerary As Officials Seek To Promote Success Stories

WASHINGTON -- The White House announced a plan yesterday to visit Baltimore and two dozen other cities to study community drug strategies, in an effort to circulate ideas that seem to be having some success.

The White House Office of National Drug Control Policy then plans to create a Web site and produce a report to distribute its findings to cities.

"The major cities have been particularly ravaged by the drug problem," said John P.  Walters, the White House drug policy chief, who is leading the effort.  "We want to collect the data and make it available to help people see what is successful."

The initiative will provide no new money to the cities, a fact that drug policy analysts said could limit its effectiveness.  Some also expressed skepticism that the office would be open to ideas at odds with the administration's views, such as its opposition to alternative methods such as needle exchange programs.

"Our only concern is, are they going to be honest and really try out different or alternative policies?" said Bill Piper, an associate director for the Drug Policy Alliance, a Washington-based group that advocates fighting drug abuse through social programs and treatment.

"The Bush administration has a certain perspective on drug treatment," Piper said.  "So far, in terms of alternative ideas, they've been very aggressive in opposing them."

Walters' office will pay for him and a group of staffers to travel to the cities, beginning in the next few months, and compile statistics and research.  But the cities would bear the cost of assigning their own staffers as "partners" to the drug policy office and of producing information, statistics and contacts.

[snip]

Pubdate:   Fri, 27 Jun 2003
Source:   Baltimore Sun (MD)
Copyright:   2003 The Baltimore Sun, a Times Mirror Newspaper.
Details:   http://www.mapinc.org/media/37
Author:   Laura Sullivan, Sun National Staff
Continues:   http://www.mapinc.org/drugnews/v03/n979/a08.html


(6) DEA: WE CAN'T SOLVE ALL OF KAUA'I'S DRUG PROBLEMS    (Top)

NUKOLI'I -- Don't expect a federal Drug Enforcement Administration presence on the island to immediately work to stem the flow of illegal drugs to and around the island, a DEA agent said.

While federal, state and county elected officials are working hard to get full-time DEA agents assigned to work on Kaua'i's drug problems, their presence alone won't be a panacea, said Christopher G.  Tolley, demand reduction coordinator and public information officer for the U.S.  Department of Justice DEA office in Honolulu.

"By no means can we come in here and cure things for you," he said at the annual meeting of the Hawaii State Association of Counties at the Radisson Kauai Beach Resort here Tuesday morning.

A DEA presence on the island would not replace county and state law enforcement, but rather work with local authorities to attack drug dealers using federal laws which are stricter than state or county ordinances, he said.

[snip]

Source:   Garden Island (HI)
Copyright:   2003 Kauai Publishing Co.
Details:   http://www.mapinc.org/media/964
Note:   To read about the "ice epidemic" in Hawaii, go to
http://www.mapinc.org/areas/Hawaii
Continues:   http://www.mapinc.org/drugnews/v03/n958/a07.html


(7) EAGLES GET DRUG LAW CLARIFICATION    (Top)

The Drug Enforcement Administration in Washington, D.C., has issued guidance to its field offices nationwide after an incident in Billings involving enforcement of a new anti-drug law.

On May 30, a DEA agent visited the local Eagles Lodge and told the manager that the business could be fined up to $250,000 if it allowed the Billings chapter of the National Organization for the Reform of Marijuana Laws (NORML) to hold a fund-raiser concert there and people attending smoked marijuana.

The lodge canceled the concert date.  Public outcry locally and nationally prompted the DEA to clarify to its agents how to interpret and enforce the law, spokesman Will Glaspy said.

Glaspy said the memo sent to the field offices is confidential, but much of the information is posted on the agency Web site: http://www.dea.gov

[snip]

Why was the Eagles Lodge contacted by the DEA?

The regional office of the DEA in Denver will no longer comment on the issue.  The agent who warned the Eagles Lodge in May is under the jurisdiction of the Denver office, and Glaspy wouldn't discuss whether the agent had been reprimanded.  Glaspy said he didn't know all the details of the Billings incident but gave his agency's position in the event that the same scenario presented itself in the future.

"With the recent legal guidance that we've provided to the field offices, a place like the Eagles Lodge -- it would not apply to their situation."

[snip]

Pubdate:   Thu, 26 Jun 2003
Source:   Billings Gazette, The (MT)
Copyright:   2003 The Billings Gazette
Details:   http://www.mapinc.org/media/515
Author:   Bryan O'Connor, of The Gazette Staff
Continues:   http://www.mapinc.org/drugnews/v03/n969/a11.html


(8) SCHOOLS THE WINNERS IN FORFEITURE DECISION    (Top)

Utah Attorney General Mark Shurtleff prevailed Thursday in three Salt Lake County property forfeiture proceedings that he hopes will set a precedent for the retrieval of a quarter of a million dollars in seizures he says law enforcement agencies illegally pocketed last year.

Third District Judge Tyrone E.  Medley ruled that Salt Lake County Attorney David Yocom broke the law by awarding to police departments money and property seized in three drug busts that rightfully belong to schools.  The judge ordered law enforcement agencies to transfer all proceeds to the state treasurer who, after deducting costs, will turn the money over to the Uniform School Fund.

The decision is an important step toward resolving six months of controversy about how to interpret a citizens initiative approved by 69 percent of Utah voters at the November 2000 election.  It may also ease activist fears about abuse of government power and end the mudslinging between activists and law enforcement agencies, which argued the initiative made it harder for them to fight crime.

In a statement issued shortly after the ruling, Yocom said he will quickly decide whether to appeal.  In the event he does not appeal or the ruling is affirmed, he promised to turn over to the state all questionable forfeiture proceeds.

[snip]

Pubdate:   Fri, 27 Jun 2003
Source:   Salt Lake Tribune (UT)
Copyright:   2003 The Salt Lake Tribune
Details:   http://www.mapinc.org/media/383
Author:   Kirsten Stewart
Bookmark:   http://www.mapinc.org/af.htm (Asset Forfeiture)
Bookmark:   http://www.mapinc.org/find?165 (Initiative B (UT))
Continues:   http://www.mapinc.org/drugnews/v03/n978/a08.html


(9) DRUG OF CHOICE    (Top)

GENERAL ASSEMBLY COMMITTEE TO HOLD HEARING ON GRAND JURY REPORT
RECOMMENDING LEGAL DISTRIBUTION OF NARCOTICS

The Maryland General Assembly's Special Committee on Substance Abuse will hold a hearing in early July based on the findings of a 2003 Baltimore City Grand Jury Report that suggests new ways for the justice system to deal with drug-addicted defendants--including legal distribution of controlled substances.  The hearing comes only two months after Gov.  Robert Ehrlich became the nation's first Republican governor to sign a medical-marijuana bill into law.  The committee, chaired by Sen.  Ralph Hughes (D-40th), will consider the grand jury's findings and recommendations, as well as the opinions of those both for and against drug reform, to determine the need for new legislation and programs to handle drug-related crime and problems.

Among other things, the grand jury -- made up of 23 Baltimore residents -- recommended providing comprehensive care for substance abusers, diverting drug-addicted individuals to treatment rather than incarceration, making use of criminal citations rather than arrests for certain crimes, and exploring the idea of legal, regulated distribution of narcotics.

[snip]

Pubdate:   Wed, 25 Jun 2003
Source:   City Paper (MD)
Copyright:   2003 Baltimore City Paper
Details:   http://www.mapinc.org/media/610
Author:   Jamil Roberts
Continues:   http://www.mapinc.org/drugnews/v03/n971/a04.html


Law Enforcement & Prisons


COMMENT: (10-13)    (Top)

Another story about a mistaken drug raid on an innocent New Yorker. This time, the New York Times finds multiple mistakes leading to a raid at the home of a 68-year-old former Marine.  He said he generally admired police, but he didn't understand why they had to act like "storm troopers." Embarrassing as such stories are for police, there is a reward for finding drugs and drug money where you don't always expect it.  An Oklahoma sheriff is using $900,000 in seized drug money to double the area he polices.

And prison reform measures debated in state legislatures over the spring have been signed into law.  Texas and Missouri will divert some non-violent drug offenders away from incarceration.


(10) POLICE RAID GONE AWRY: A MUDDLED PATH TO THE WRONG DOOR    (Top)

Early on a Wednesday morning in May, officials from two law enforcement agencies broke down the door to an apartment of a frail man, Timothy Brockman, threw a stun grenade inside -- setting a carpet on fire -- then ordered him out of bed and handcuffed him as he lay face down.  His two cats, Rocky and Tito, vanished for hours. His next-door neighbors, afraid that the building had been bombed by terrorists, fled with their pajama-clad children.

The authorities, from the Police Department and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, were searching for criminals or criminality, but they had gone to the wrong place.  They found only Mr.  Brockman, a 68-year-old former marine and retired factory worker who uses a walker to make his way around his neighborhood in the northeast Bronx.

By all accounts, he is a law-abiding citizen.  His door is decorated with an American flag decal, and a yellow ribbon dangles from his window for the American troops overseas.

What led the police to his apartment was, of course, a desire to fight crime -- specifically, to find illegal guns and drugs and the people who deal in them around the Edenwald Houses, the public housing complex where Mr.  Brockman lives.

Yet the seriousness of their purpose and the gravity of their tactics were not matched in the preparations for the raid.  In a series of interviews, the police and federal officials described the path they followed to Mr.  Brockman's home as muddled by erroneous information, the belief in a phantom informant, and most significantly, the failure to resolve a glaring discrepancy at the core of their mission: which apartment the criminals were supposed to be using.

[snip]

Pubdate:   Sun, 29 Jun 2003
Source:   New York Times (NY)
Copyright:   2003 The New York Times Company
Details:   http://www.mapinc.org/media/298
Author:   Jim Dwyer
Bookmark:   http://www.mapinc.org/raids.htm (Drug Raids)
Continues:   http://www.mapinc.org/drugnews/v03/n987/a03.html


(11) RECOVERED DRUG MONEY TO BOLSTER SHERIFF'S DEPARTMENT    (Top)

The Canadian County Sheriff's Department is remodeling and expanding its offices with $900,000 received from a drug bust two years ago.

Sheriff Lewis Hawkins said he also has been able to buy 19 used patrol cars, allowing for the fleet to be replaced with cars with lower mileage.  Hawkins said without the money, he would have only been able to replace about six to eight cars this year.

"That is the most money I have ever seen in one pile in my life," he said.  "I will never forget it."

In August 2001, a county deputy stopped a van on a routine traffic stop that yielded $1,284,313 in drug-related cash.  The county's portion was $900,000, with federal authorities getting the remaining funds.  Hawkins said he got the funds three months ago, and is eager to put the money to use.

Hawkins intends to buy an additional six cars, maybe within the next few months.  He also said the money can be spent on equipment for the cars and other capital improvement projects.

The money allowed the department to expand its offices into the former election board next door, almost doubling the size of the area.

[snip]

Pubdate:   Wed, 02 Jul 2003
Source:   Oklahoman, The (OK)
Copyright:   2003 The Oklahoma Publishing Co.
Details:   http://www.mapinc.org/media/318
Author:   Jennifer Mock
Bookmark:   http://www.mapinc.org/af.htm (Asset Forfeiture)
Continues:   http://www.mapinc.org/drugnews/v03/n997/a10.html


(12) CHANGE AHEAD FOR DRUG CASES    (Top)

Many Offenders Will Receive Treatment In Lieu Of State Jail

Thousands of low-level drug offenders in Texas will now go to treatment programs instead of state jails, a fundamental change in prosecution that was sparked by inequities in sentencing in Harris County.

The Houston Chronicle reported in December that local prosecutors sent 35,000 small-time drug offenders to state jails or prisons in the past five years, a wildly disproportionate number for the county's population.

During hearings in Austin this spring, state lawmakers grilled a Harris County prosecutor over the imbalance.

The bill, one of 1,300 that Gov.  Rick Perry signed into law after the close of the legislative session earlier this month, mandates probation and substance-abuse treatment instead of jail for first-time felons caught with less than a gram of most drugs.  It was sponsored by Rep.  Ray Allen, R-Grand Prairie.

The law, which goes into effect Sept.  1, is predicted to lower the state jail population by 2,500 people and save the state $30 million over the next five years.

Local officials applauded the law, even as they realized it would leave them scrambling to establish more treatment facilities. Supporters said it will keep drug addicts from turning into hardened criminals.

[snip]

Pubdate:   Fri, 27 Jun 2003
Source:   Houston Chronicle (TX)
Copyright:   2003 Houston Chronicle Publishing Company Division
Details:   http://www.mapinc.org/media/198
Author:   Rachel Graves
Bookmark:   http://www.mapinc.org/rehab.htm (Treatment)
Bookmark:   http://www.mapinc.org/prison.htm (Incarceration)
Bookmark:   http://www.mapinc.org/find?159 (Drug Courts)
Continues:   http://www.mapinc.org/drugnews/v03/n978/a06.html


(13) HOLDEN SIGNS BILL RELAXING SENTENCING LAWS FOR SOME OFFENDERS    (Top)

JEFFERSON CITY, Mo.  -- Seeking to slow the swell of Missouri's prison population, Gov.  Bob Holden signed relaxed sentencing laws Friday aimed primarily at nonviolent, first-time criminals.

The sentencing law changes are projected to result in 1,400 fewer people entering prison annually -- enough to counter, or at least slow, an inmate influx that has doubled the state prison population over the past dozen years.

Missouri has more than 30,200 inmates dispersed among about 20 institutions.  The state anticipates spending about $575 million this coming fiscal year on the Department of Corrections, which also oversees people on probation and parole.

The new laws, which take effect immediately, encourage shorter prison terms and probation for some nonviolent offenders and stress community treatment programs for some drug offenders.

[snip]

Pubdate:   Sat, 28 Jun 2003
Source:   The Southeast Missourian (MO)
Copyright:   2003, Southeast Missourian
Details:   http://www.mapinc.org/media/1322
Author:   David A.  Lieb / The Associated Press
Continues:   http://www.mapinc.org/drugnews/v03/n991/a06.html


Cannabis & Hemp-


COMMENT: (14-17)    (Top)

Good news for hemp advocates this week: the U.S.  Appeals Court overturned the DEA's ban on hemp food and edibles for not following proper bureaucratic procedure.  The court found that the DEA did not give enough advanced warning of the ban and failed to do adequate public consultation.  Unfortunately, the court did not rule on the constitutionality of the ban, so this is just a temporary reprieve for the hemp foods industry.

Our second story brings mixed news from the U.K., where the trafficking case against MS sufferer Biz Ivol has been dropped due to her poor health.  While supporters rejoiced, Ivol stated that she was disappointed that she would not get her day in court, and plans to commit suicide as soon as her discomfort becomes intolerable.  She blames her deteriorating health on the stress brought on by the bust for supplying cannabis chocolates to fellow MS sufferers over 2 years ago.

And from California, a comprehensive article on Lynn and Judy Osburn, the Ventura county couple who were busted in September of 2001 while growing plants for the Los Angeles Cannabis Resource Center.

Our final article this week is a look at the importance of the cannabis economy for tourism in Vancouver, British Columbia.  Now that Vancouver/Whistler have been selected to host the 2010 Winter Olympic Games, locals will soon be able to show off their world-class "greenery", to compliment the beautiful scenery.


(14) APPEALS COURT REJECTS DEA BID TO OUTLAW HEMP FOODS    (Top)

A federal appeals court on Monday overturned a U.S.  Drug Enforcement Administration ban on the sale of food containing hemp, saying the agency failed to give enough advance warning or allow for public comment before imposing the rule.

The 2-1 ruling Monday by a panel of the 9th U.S.  Circuit Court of Appeals did not decide the constitutionality of a hemp food ban, but merely determined that the government did not follow proper bureaucratic procedure when it announced the ban in October 2001.

[snip]

In a sharp dissent, Judge Alex Kozinski called the majority's ruling "gratuitous," and predicted the ban will ultimately prevail.  "The most likely outcome," he wrote, "is that we will uphold the regulation."

[snip]

Pubdate:   Mon, 30 Jun 2003
Source:   Associated Press (Wire)
Copyright:   2003 Associated Press
Author:   David Kravets
Note:   David Kravets has been covering state and federal courts for a decade.
Note:   The ruling, as a .pdf document, is at http://ahemp.org/0171662.pdf
Cited:   Hemp Industries Association http://www.thehia.org/
Drug Enforcement Administration http://www.dea.gov
Bookmark:   http://www.mapinc.org/hemp.htm (Hemp)
Continues:   http://www.mapinc.org/drugnews/v03.n983.a05.html


(15) UK MS SUFFERER MAINTAINS SUICIDE THREAT AS DRUG CASE IS DROPPED    (Top)

A terminally ill cannabis campaigner said yesterday she will commit suicide despite hearing that the criminal case against her will be dropped.

Biz Ivol, who suffers from MS, was arrested two years ago following allegations that she was supplying cannabis to other people with the debilitating disease across the UK.

It is believed Ms Ivol's agents notified her that the case, due to call at Kirkwall Sheriff Court in Orkney today, would not proceed further because of the deterioration of her health.

Ms Ivol said that she would continue with plans to end her life after her symptoms worsened during the court case, which attracted widespread media attention to the medicinal use of cannabis.

[snip]

Pubdate:   Wed, 02 Jul 2003
Source:   Herald, The (UK)
Copyright:   2003 The Herald
Details:   http://www.mapinc.org/media/189
Authors:   Stephen Stewart and Keith Sinclair
Bookmark:   http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Continues:   http://www.mapinc.org/drugnews/v03.n990.a08.html


(16) UP IN SMOKE    (Top)

Lynn and Judy Osburn were preparing for a day of working with their horses on September 28, 2001, when they heard the deep thump of a helicopter suddenly shattering the silence of the Ozena Valley.  A line of 15 unmarked SUVs and one Ventura County Sheriff's car pulled up to their horse gate as their four dogs exploded in furious barking and horses scattered through the sage scrub in a panic.

The Osburns knew instantly what was going down.  Every county and federal official from Ventura to downtown L.A.  knew they grew marijuana; the Osburns had met with them and discussed it openly. Somewhere on the property was allegedly a field of 270 tall, stinky plants about ready to harvest.  Lynn, 53, and Judy, 50, gathered themselves, then stepped out of the cabin-style home they'd built themselves and into the brilliant mountain light, hands high so no one would have any reason to shoot.

[snip]

Pubdate:   Sat, 28 Jun 2003
Source:   Ventura County Reporter (CA)
Copyright:   2003 Southland Publishing, Inc.
Details:   http://www.mapinc.org/media/2952
Author:   Dean Kuipers
Related:   Osburn Defense Fund http://www.osburndefensefund.com/
Cited:   Americans for Safe Access http://www.safeaccessnow.org/
States' Rights to Medical Marijuana Act (HR 2233)
http://capwiz.com/norml2/issues/alert/?alertid=2204601
Truth in Trials Act (HR 1717) http://www.mpp.org/USA/
Bookmark:   http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Continues:   http://www.mapinc.org/drugnews/v03.n977.a03.html


(17) VANCOUVER TOURISM: GONE TO POT?    (Top)

Vancouver is world renowned as a vacationing stoner's paradise.

It is a reputation that has taken many years to cultivate, feeding on the growth of a vibrant marijuana industry, a tolerant legal atmosphere and active promotion by commercial ventures looking to profit from visiting cannabis aficionados.  Yet even though Vancouver is known as the Amsterdam of the Pacific Northwest, reefer related businesses have a tenuous existence, operating as they do under the cloud of prohibition.  Even though B.C.'s economy has become dependent on the marijuana trade, the law still makes the sale and possession of marijuana technically illegal.

[snip]

Pubdate:   Mon, 23 Jun 2003
Source:   Peak, The (CN BC)
Copyright:   2003 Peak Publications Society
Details:   http://www.mapinc.org/media/775
Author:   Adrian Nieoczym
Bookmark:   http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark:   http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Continues:   http://www.mapinc.org/drugnews/v03.n978.a01.html


International News


COMMENT: (18-21)    (Top)

To the chagrin of U.S.  and Colombian prohibition officials, a Colombian court decreed that the US-backed spraying of herbicides be stopped in Colombia.  The spraying was ordered stopped until the effects of the herbicide used could be evaluated.  Farmers had long claimed the aerial spraying of coca plants damaged other crops and caused illness in humans.  The US-backed Colombian regime, claiming the spraying is safe, immediately appealed the ruling and vowed to continue regardless.

Led by Dr.  Connie Fozzard, a group of doctors attending the annual British Medical Association conference surprised onlookers by calling for the legalization of all drugs last week.  Suggesting that even drugs such as cocaine and heroin be sold through government outlets, the physicians noted that drug prohibition "simply doesn't work."

New Zealand customs officials seized a shipment of hemp products which were to be sold in a store belonging to controversial Greens MP Nandor Tanczos, who was embroiled in controversy earlier this year over his admission that he had used cannabis in the past. Tanczos called for clarification of New Zealand's hemp and cannabis laws.  "Potentially, an importer of hemp jeans could be prosecuted for importation of a Class C controlled substance," noted Tanczos.

And in Australia, despite earlier assurances that his government would introduce legislation allowing trials of medicinal cannabis, New South Wales Premier Bob Carr announced that any such bill would be put off until the next session.  Carr cited problems with cannabis supply, as well as "moral" and legal issues, as reasons to delay considerations of medical cannabis trials.


(18) COLOMBIA HALTS DRUG ERADICATION TO DO HERBICIDE STUDY    (Top)

BOGOTA - A court has ordered the suspension of a U.S.-funded drug eradication program until the effects of the herbicide on human health and the environment can be scientifically established, according to a ruling made public Thursday.

Government officials immediately said they would appeal the administrative court ruling to the State Council, the nation's highest court for government matters.  Because the Colombian government is not legally bound to comply with the ruling while an appeal is underway, the government said it will continue spraying coca and opium crops throughout the country.

[snip]

The United States, which has poured millions of dollars into the eradication program, was not immediately concerned with the ruling. Because the appeals process can take months and sometimes years, the possibility of any actual suspension in the spray program would be ''quite a ways off,'' a U.S.  official said.

In the June 13 ruling made public Thursday, the Administrative Court of Cundinamarca province ''orders the temporary suspension of aerial spraying with the herbicide glyphosate until studies on the effects of the chemicals are conducted,'' court president Estela Carvajal told The Herald in a telephone interview.

While U.S.  and Colombian officials argue that the weed-killer glyphosate is safe, farmers and indigenous groups on the ground say it has affected their health and has even killed off some livestock. Environmentalists claim that the large-scale spray program is also affecting waters sources and wildlife.

Carvajal said that in addition to public health studies in rural areas that have been sprayed, the court ordered compliance with an environmental management plan to reduce spraying's impact on the ecosystem.

[snip]

Pubdate:   Fri, 27 Jun 2003
Source:   Miami Herald (FL)
Copyright:   2003 The Miami Herald
Details:   http://www.mapinc.org/media/262
Author:   Sibylla Brodzinsky
Continues:  
http://www.mapinc.org/drugnews/v03.n985.a10.html


(19) DOCTORS CALL FOR DRUG LEGALISATION    (Top)

Doctors will today make an extraordinary call for the legalisation of all drugs.

[snip]

Yet at the British Medical Association's annual conference today, dozens of doctors will back radical moves to make illegal drugs including heroin and cocaine available from authorised government outlets.

[snip]

They say so-called recreational drugs, such as ecstacy and cocaine should be quality controlled, taxable and made available in purified form from licensed outlets.

Dr Connie Fozzard, who leads support for a motion urging relaxation of the law, said: "I have no doubt that it would be wise to decriminalise drugs.  At the moment, some of the problems are due to the fact that they are not getting the drug in pure form.

"This would not happen if they were available from licensed premises.  We are an adult society, and should treat people as adults."

She is expected to be backed by dozens of colleagues, including Dr Keith Brent, of the Junior Doctors' Committee, who said: "Prohibition of drugs simply doesn't work.

"Something different needs to be done, and that is to legalise everything.  If the authorities provided drugs, that would be a way of monitoring it."

[snip]

Pubdate:   Wed, 02 Jul 2003
Source:   Evening Standard (London, UK)
Copyright:   2003 Associated Newspapers Ltd.
Details:   http://www.mapinc.org/media/914
Author:   Isabel Oakeshott, Evening Standard
Bookmark:   http://www.mapinc.org/pot.htm (Cannabis)
Continues:  
http://www.mapinc.org/drugnews/v03.n995.a11.html


(20) TANZCOS' HEMP IMPORT SEIZED    (Top)

Customs has seized a shipment of hemp products destined for an Auckland store co-owned by Greens MP Nandor Tanczos.

The Hemp Store Aotearoa has filed papers in the Manukau District Court seeking to have the Customs Service release the products, worth about $20,000.

The consignment contains hemp tea and a brand of smoking mixture from Germany called Knaster Hanf.

Mr Tanczos said customs had cleared such products before and he was unsure why this shipment had been seized.

[snip]

Mr Tanczos said he did not blame customs for taking action, although the service had been "inconsistent" in its approach to hemp products, and a law change was required.

He has proposed an amendment to the Misuse of Drugs Act that would establish a THC content threshold which would distinguish between marijuana and hemp.

His private member's bill, introduced in May 2001 to deal with the issue, is expected to come before the primary production select committee again in a few weeks.

"Until the law is changed there is confusion about whether the laws governing marijuana apply to hemp, which is not psycho-active.

"Potentially, an importer of hemp jeans could be prosecuted for importation of a Class C controlled substance."

[snip]

Pubdate:   Thu, 03 Jul 2003
Source:   New Zealand Herald (New Zealand)
Copyright:   2003 New Zealand Herald
Details:   http://www.mapinc.org/media/300
Author:   Louisa Cleave
Bookmark:   http://www.mapinc.org/find?330 (Hemp -
Outside U.S.)
Continues:  
http://www.mapinc.org/drugnews/v03.n998.a03.html


(21) MEDICAL CANNABIS BILL DELAYED: CARR    (Top)

Preliminary legislation to allow the medical use of cannabis has been delayed until the next session of parliament because of its complexity, NSW Premier Bob Carr said.

The government must overcome many difficult legal and moral issues before the trial can go ahead, including how to control the supply of medicinal cannabis.

Mr Carr said an exposure bill for the scheme would be released late this month, with a three week consultation period to follow.

[snip]

"In particular, we need to carefully consider options
for supply."

The government wanted the exposure bill tabled in the current parliamentary sitting, Mr Carr said.

[snip]

Mr Carr announced in May the government would set up a four-year trial to allow the medical use of cannabis to alleviate the chronic suffering of people with severe pain.

Pubdate:   Tue, 01 Jul 2003
Source:   Age, The (Australia)
Copyright:   2003 The Age Company Ltd
Details:   http://www.mapinc.org/media/5
Continues:   http://www.mapinc.org/drugnews/v03.n993.a09.html


HOT OFF THE 'NET    (Top)

UN GLOBAL ILLICIT DRUG TRENDS REPORT

The UN's International Drug Control Program/UN Office on Drugs and Crime has released the new edition of the annual Global Illicit Drug Trends report.

It's available from
http://www.unodc.org/unodc/global_illicit_drug_trends.html or as a PDF directly from
http://www.unodc.org/pdf/report_2003-06-26_1.pdf

An executive summary is available in PDF from
http://www.unodc.org/pdf/report_2003-06-26_1_executive_summary.pdf


SMOKING JUDGE STRIKES BLOW FOR POT PUFFERS

Mary Southin, B.C.'s smoking judge, is in the news again.  This time, it's not because of her tobacco addiction, which caused a flap because of the cost the government incurred to allow her to keep puffing away at her job on the Court of Appeal.

This time, it's a different kind of smoking that brings one of our most outspoken justices to public attention: pot smoking and her change of heart on the war on marijuana.

Continues:   http://www.mapinc.org/drugnews/v03.n996.a02.html

Cited:   http://www.courts.gov.bc.ca/Jdb-txt/CA/03/03/2003BCCA0364.htm


A MATHEMATICAL MODEL OF BILL O'REILLY

From The Progressive Review - http://prorev.com

"The study examined O'Reilly's interview [sic] with Jacob Sullum who has written an important new book on drugs, 'Saying Yes: In Defense of Drug Use.' Using the advanced technology of Microsoft's Word Count, the Review determined that Sullum only got in 35 more words than the interviewer, O'Reilly.  O'Reilly got in the longest statements - 89 and 104 words - while Sullum in 35 exchanges only managed to say more than 50 words (a little less than a half minute) on three occasions.  In 42.85% of the exchanges Sullum only managed to get in five words or
less."

Continues:   http://prorev.com/oreilly.htm

Transcript:   http://www.mapinc.org/drugnews/v01/n466/a01.html


SOUDER ASKS FDA FOR FULL TRUTH ABOUT MARIJUANA

By David Brody, Family News in Focus, July 2 2003

A U.S.  congressman is calling on the FDA to set the record straight on so-called medical marijuana.

Rep.  Mark Souder, R-Ind., has written a letter to the Food and Drug Administration (FDA) calling on the agency to do a better of job of educating the public on the facts about marijuana.  Some say pot alleviates pain.  The congressman wants the record to be set straight.

http://www.family.org/cforum/fnif/news/a0026735.html


"DECRIM" WON'T APPLY IN ALL PROVINCES, SAY LAW EXPERTS

by Reverend Damuzi, Cannabis Culture Magazine (01 Jul, 2003)

Arrests, trials, records will continue everywhere

Many of Canada's provinces aren't eligible for so-called 'decriminalization' under the proposed Bill C-38 because of the way the proposed law is written.

Continues:   http://www.cannabisculture.com/articles/3014.html


YET ANOTHER 'OOPS, WRONG HOUSE' DRUG RAID

by Preston Peet, for DrugWar.com, July 1, 2003

At dawn in your own apartment, you lay in bed petting your two cats as you ponder what you'll make for breakfast.  Suddenly the door explodes into the apartment, followed closely by a stun grenade that catches your carpet on fire, then a herd of yelling, armored local and federal agents burst in waving guns, ordering you not to move and to lie on the floor.

Continues with numerous links: http://www.drugwar.com/oopswrong.shtm


LETTER OF THE WEEK    (Top)

ACCEPTABLE MEDICINE

By Jim Miller

Dr.  George DiFerdinando, the state's deputy health commissioner, decided last year that seriously ill and dying patients in New Jersey do not need marijuana as medicine.  He said there were acceptable alternatives for those who would use marijuana as medicine and refused to implement New Jersey's 1981 Controlled Dangerous Substances Therapeutic Research Act, which would make legal federal marijuana available to patients in New Jersey under a doctor's care and supervision.

DiFerdinando met my wife Cheryl three years ago as she lay in her reclining wheelchair.  She could not move her arms or legs after 30 years of multiple sclerosis.  He saw her pain. He heard her tell him that marijuana relieved her pain and spasticity.  He sure didn't tell Cheryl to her face that she already had "acceptable medicine." Cheryl Miller, my wife and the light of my life, passed away June 7.  I can assure you her legal prescription medicine was not acceptable.  Cheryl didn't smoke marijuana.  She ate it. When it was available, she had less pain.  Now that was acceptable.

Jim Miller,
Silverton

Date:   06/25/2003
Source:   Star-Ledger (NJ)
Details:   http://www.mapinc.org/media/424
Bookmark:   http://www.mapinc.org/people/Cheryl+Miller (Cheryl Miller)


FEATURE ARTICLE    (Top)

BILL TO PROTECT OHIO PATIENTS READY FOR INTRODUCTION

By Jim White

News that Democratic state Representative Kenneth Carano will step forward as the first elected patient advocate and introduce legislation to protect Ohio medical marijuana patients from prosecution has sparked enthusiasm among grassroots supporters who have been calling the switchboard in Columbus trying to find out if their representatives are supporting the measure.

Grassroots activists are spreading the word and organizers are putting pressure on the legislature and distributing educational materials to the media as well as legislators and other interested organizations.

Carano has promised to bring the bill to the attention of the Ohio House of Representatives the moment he has four republican co-sponsors, an inside source revealed.  With 80 percent of Ohioans in support of such a measure, introduction can't be far away.

An Act of Compassion

Compassionate use of cannabis is legal in Canada and most of Europe, but federal law in the United States does not recognize marijuana as having any "accepted medical use," ignoring modern sciences' understanding of the plant.

Under the Bush administration, the Justice department and Attorney General John Ashcroft have increased federal prosecutions of medical patients in the state of California, citing only the "need to enforce federal law".

State activists hope to push back against the misguided Justice Department and offer a little comfort and compassion to sick and dying patients.

What It Does

The bill, known as the Ohio Medical Marijuana Act or OMMA, is out of the legislative services commission and ready for introduction.  The bill would create a patient registry with the department of health and require that patients and caregivers be issued identification cards.

The only legal source of medical marijuana in the United States is controlled by the National Institutes on Drug Abuse, and only seven patients out of potentially millions in the United States receive medical marijuana from NIDA.  These seven patients receive about 300 pre-rolled cigarettes each month.

NIDA has no provisions for providing marijuana to states that permit the use of medical marijuana.  Lacking a reliable government controlled source, most state medical marijuana bills are drafted to permit the cultivation and possession of marijuana, and this one is no exception.

The bill provides for the possession of up to 1000 grams of dried marijuana and for a number of plants to be grown for medical use, and it includes provisions for the state health department to enact regulations to assess and categorize which ailments and patients will be treated with cannabis.

Left Out in the Cold

Ohio patients were incensed after Governor Voinovich dismantled an "affirmative defense" clause for medical marijuana in 1997.  The clause permitted judges and juries to consider medical-use testimony provided by physicians and other health care officials, and whether or not marijuana was being used for medical purposes when determining sentencing.

The action left hundreds of patients out in the cold and at the mercy of criminal gangs in order to obtain their medicine.  While the bill protects patients against state prosecutions, where most marijuana offences are tried, the federal law would still remain in effect - a task congress needs to take up.

Note:   Reprinted from the June issue of the Ohio Patient Network
http://www.ohiopatient.net/ monthly newsletter, OPNews.


QUOTE OF THE WEEK    (Top)

"At the heart of liberty is the right to define ones own concept of existence, of meaning, of the universe, and of the mystery of human life." - U.S.  Supreme Court Justice Anthony Kennedy, Lawrence v. Texas


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