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DrugSense Weekly
Oct. 10, 2003 #321


Table of Contents

* Breaking News (12/21/24)


* This Just In


(1) New England Identified As Hotbed For Heroin
(2) Court Weighs Rights Of Recovered Addicts
(3) Sentencing Panel Leaves Judges With Some Room For Leniency
(4) Federal Government May Toughen Marijuana Bill To Appease Critics

* Weekly News in Review


Drug Policy-

COMMENT: (5-9)
(5) Court Rejects Appeal Of Drug-Using Mom
(6) Officials Enlist Churches For War On Meth
(7) Meth Law a Pain to Store Owners
(8) S.J. Parolee Tries To Block DNA Testing
(9) Federal Judge Lifts Ban On Plea Deals

Law Enforcement & Prisons-

COMMENT: (10-13)
(10) Sarasota Cashes In On Forfeitures By Luring Drug Dealers To Area
(11) Breaking Down The Drug Bust
(12) MPD Theft Probe Grows Audit Indicates Problems As Early As 1999
(13) Police Defendants Escape Corruption Convictions

Cannabis & Hemp-

COMMENT: (14-18)
(14) Ottawa's Pot Rules Unconstitutional, Court Rules
(15) World Wonders If He's Gone To Pot
(16) Boudria Strikes New Committee To Study Canadian Pot Bill
(17) Low Profile For City's Pot Prop
(18) Pot Still High On List Of Illegals For Swiss

International News-

COMMENT: (19-22)
(19) NDC Mounts Campaign Against Marijuana 'Epidemic'
(20) 'Bladder-Police' Flawed Says Expert
(21) Drug Rage Blamed
(22) Mexico Imprisons Canadian On Drug Charges

* Hot Off The 'Net


    Outspoken Rush Limbaugh Should Speak Out
    Narco  News  to  Suspend  Publishing  Indefinitely  on  October 18
    Thank You Jeb and Jim / by Stephen Heath
    Upcoming Marsha Rosenbaum Radio Appearance
    Cauchon Tries To Push Pot Bill Through
    Raich-v-Ashcroft.com

* Letter Of The Week


    Wasted / By Howard J. Wooldridge

* Letter Writer Of The Month


    Stan White

* Feature Article


    Rush Watch Week 2: The Silence Is Deafening / By Stephen Young

* Quote of the Week


    William Faulkner


THIS JUST IN    (Top)

(1) NEW ENGLAND IDENTIFIED AS HOTBED FOR HEROIN    (Top)

Bush Official Suggests School Drug Testing At Boston Summit

BOSTON -- New England has the worst heroin problem in the nation, and one possible step to reduce it might be broad-based drug testing in the schools, President Bush's director of drug policy told the region's governors Wednesday.

"I think it's an idea that has to be supported in local communities," said John Walters, director of the federal Office of Drug Control Policy.  "Unfortunately, communities usually make the decision after more than one tragic death."

Massachusetts Gov.  Mitt Romney called the anti-drug summit held in Faneuil Hall Thursday "unprecedented." It focused largely on how to deal with epidemic heroin use in New England, which is three times the national average.

Karen P.  Tandy, administrator of the U.S. Drug Enforcement Administration, offered a grim analogy: "It is big business.  You might as well be sitting at the border of Colombia in this New England region."

[snip]

Pubdate:   Thu, 09 Oct 2003
Source:   Hartford Courant (CT)
Copyright:   2003 The Hartford Courant
Website:   http://www.ctnow.com/
Details:   http://www.mapinc.org/media/183
Author:   Tracy Gordon Fox, Courant Staff Writer
Bookmark:   http://www.mapinc.org/heroin.htm (Heroin)
Bookmark:   http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark:   http://www.mapinc.org/walters.htm (Walters, John)
Continues:   http://www.mapinc.org/drugnews/v03.n1549.a01.html


(2) COURT WEIGHS RIGHTS OF RECOVERED ADDICTS    (Top)

WASHINGTON -- Taking up a key case under the Americans with Disabilities Act, Supreme Court justices grappled Wednesday with whether an employer can refuse to rehire a recovering alcoholic and drug abuser who has beaten his addictions and wants his job back.

A lawyer for Joel Hernandez, a former employee of Hughes Missile Systems Co., argued that the company's refusal to consider him for a job after his rehabilitation violated the Americans with Disabilities Act.  He urged justices to affirm a decision by a California-based federal appeals court that permitted Hernandez to pursue his lawsuit against Hughes.

"The purpose of the ADA is not to segregate disabled individuals who can work from the job market," said lawyer Stephen Montoya.

But a lawyer for the company, now part of Raytheon Co., argued that Hernandez had no legitimate claim.  The company had a neutral policy against rehiring any worker terminated for misconduct, and Hernandez was treated no differently than a worker fired for harassment or theft, said attorney Carter Phillips.

Paul Clement, a lawyer for the Bush administration, said the policy does not single out for unfair treatment people who are addicted, but instead "treats all people the same."

[snip]

Pubdate:   Thu, 9 Oct 2003
Source:   Chicago Tribune (IL)
Copyright:   2003 Chicago Tribune Company
Website:   http://www.chicagotribune.com/
Details:   http://www.mapinc.org/media/82
Author:   Jan Crawford Greenburg, Washington Bureau
Bookmark:   http://www.mapinc.org/rehab.htm (Treatment)
Continues:   http://www.mapinc.org/drugnews/v03.n1550.a01.html


(3) SENTENCING PANEL LEAVES JUDGES WITH SOME ROOM FOR LENIENCY    (Top)

WASHINGTON -- The U.S.  Sentencing Commission, under pressure from Congress and the Justice Department to restrict judges from handing down sentences milder than federal guidelines, recommended some new restrictions -- but stopped short of a blanket ban.

Among the recommendations, which will go to Congress: Guilty pleas or plea bargains are no longer grounds for a sentence shorter than the guidelines dictate; nor are restitution to victims by the accused, community ties, mitigating circumstances or drug or alcohol dependence.  But the Justice Department's representative, Eric Jaso, rebuked the panel and said the recommendations would have little or no effect on federal judges who ignore the guidelines.

Even as the panel voted, staff members worked to clear pathways in the aisles of the commission's offices here, which are laden with hundreds of boxes of judges' sentencing-report records that have been coming in daily since Congress required more specific record keeping in April. The office gets about 5,000 new reports each month from judges. Attorney General John Ashcroft also has directed U.S.  attorneys to file their own reports to Washington when judges depart downward from the sentencing guidelines.

[snip]

Pubdate:   Thu, 09 Oct 2003
Source:   Wall Street Journal (US)
Copyright:   2003 Dow Jones & Company, Inc.
Website:   http://www.wsj.com/
Details:   http://www.mapinc.org/media/487
Author:   Gary Fields and Jess Bravin, Staff Reporters
Bookmark:   http://www.mapinc.org/ashcroft.htm (Ashcroft, John)
Bookmark:   http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Continues:   http://www.mapinc.org/drugnews/v03.n1549.a05.html


(4) FEDERAL GOVERNMENT MAY TOUGHEN MARIJUANA BILL TO APPEASE CRITICS    (Top)

OTTAWA (CP) - The Liberal government sent cautious signals Thursday that it may agree to toughen some provisions of its marijuana decriminalization bill in response to domestic critics.

But Justice Minister Martin Cauchon stood fast against harsher attacks from south of the border, rejecting claims by John Walters, the U.S. drug czar, that Canada's approach is out of step with the rest of the hemisphere.

The double-barrelled message came as the Liberals moved to fast-track legislation that would eliminate the threat of jail terms and criminal records for anyone in possession of 15 grams or less of pot.

"The government is listening and willing to consider amendments to ensure we get it right," Cauchon told the House of Commons.

[snip]

Cauchon bristled, however, when Walters delivered a speech in Washington describing Canada as "the one place in the hemisphere where things are going the wrong way."

[snip]

"He should maybe look in his own backyard," Cauchon retorted, noting that more than 10 U.S.  states have eliminated criminal penalties for simple possession of marijuana.

"If it's not correct to move in that direction, maybe he should start spending some time talking to his own states."

Pubdate:   Thu, 09 Oct 2003
Source:   Vancouver Sun (CN BC)
Copyright:   2003 The Vancouver Sun
Contact:  
Website:   http://www.canada.com/vancouver/vancouversun/
Details:   http://www.mapinc.org/media/477
Author:   Jim Brown
Continues:   http://mapinc.org/cancom/82C1E276-7D7C-47F8-80D2-BF698B3DA53B


WEEKLY NEWS IN REVIEW    (Top)


Domestic News- Policy


COMMENT: (5-9)    (Top)

The big news comes out of Canada this week, where national cannabis policy continues to evolve day by day.  The laws seem to be improving ever so slightly there, and even the Prime Minister appears ready to toke up, whereas in the U.S.  horrible policies remain unmolested even by judicial review.  For example, the U.S. Supreme Court declined to hear a case from South Carolina where a woman who gave birth to a still-born baby is serving a 12-year prison sentence based on the assumption that the mother's cocaine use killed the baby.

The peculiar morality of the drug war is being dragged into churches in Kentucky, where police are literally preaching to the choir while further demonizing methamphetamine.  Members of the congregation may be swayed, but business people in a Tennessee town are starting to realize there's a price to be paid for meth crusade.  Pharmacy owners say they simply cannot comply with a new law that requires them to place any products that could be used for meth manufacture behind the counters.  Law enforcement appears unsympathetic, and store owners may have to get much bigger counters.  Also standing up to the madness is New Jersey Weedman Ed Forchion, who is challenging the ability of the state to collect DNA for a police database.  And a federal judge who stood up against plea bargaining is ready to accept pleas again, after some improvements in the system.


(5) COURT REJECTS APPEAL OF DRUG-USING MOM    (Top)

Horry County Woman Was Convicted In 2001 Of Killing Her Fetus By Using Cocaine

Pregnant women who use illegal drugs likely will not face a new wave of prosecutions in South Carolina despite a U.S.  Supreme Court ruling Monday clearing the way, state prosecutors said.

The nation's top court without comment declined to hear the appeal of Regina McKnight, an Horry County woman convicted in 2001 of killing her fetus by using cocaine.  The court's decision, in effect, upholds her conviction.

In May, McKnight asked the high court to overturn a sharply divided January ruling by the S.C.  Supreme Court.

She is serving a 12-year prison sentence for homicide by child abuse - the stiffest penalty, her lawyers say, for any South Carolina woman convicted of harming her unborn child.

[snip]

Pubdate:   Tue, 07 Oct 2003
Source:   State, The (SC)
Copyright:   2003 The State
Details:   http://www.mapinc.org/media/426
Author:   Rick Brundrett
Continues:   http://www.mapinc.org/drugnews/v03/n1541/a12.html


(6) OFFICIALS ENLIST CHURCHES FOR WAR ON METH    (Top)

ALLEGRE -- Before the lights go down, Bob Gregory makes sure to look into the eyes of every person sitting before him.

After all, he's there to tell them bad news.

But even worse, he's there to show them something that he hopes they will never forget.

"Tonight, we will talk about your worst nightmare," he told the congregation at Bellview Baptist Church in the Allegre community. "Tonight, you will see how methamphetamine destroys the brain and only leaves the body to wither and die on the vine.  It's worse than any cancer."

Gregory, a sheriff's deputy in Logan County, is part of a new program that partners law enforcement with churches, civic groups and schools in the fight against what Gregory calls a meth "explosion" in Todd County.

[snip]

Pubdate:   Sun, 05 Oct 2003
Source:   Messenger-Inquirer (KY)
Copyright:   2003 Messenger-Inquirer
Details:   http://www.mapinc.org/media/1285
Author:   Ryan Craig
Bookmark:   http://www.mapinc.org/meth.htm (Methamphetamine)
Continues:   http://www.mapinc.org/drugnews/v03/n1527/a03.html


(7) METH LAW A PAIN TO STORE OWNERS    (Top)

A new Crossville city ordinance controlling the sale of products containing an ingredient used in the manufacture of methamphetamine has some store owners upset.

The business owners said they support efforts to control the sale of ephedrine, pseudoephedrine or phenylpropanolamine, but do not agree with the limiting access to products containing a combination of active ingredients.

"My employer has probably 300 SKUs in combination.  There is no way we can pull all those out and put them behind the counter," said a member of the group of retailers and pharmacists that met Tuesday morning.  "You don't understand how many products that is. You go down my cough and cold aisle and there isn't going to be anything left.  If it was single-entity, I could support you."

Crossville Police Chief David Beaty said, "We have an epidemic in Cumberland County and the Upper Cumberland area in the manufacture of meth."

[snip]

Pubdate:   Wed, 01 Oct 2003
Source:   Crossville Chronicle, The (TN)
Copyright:   2003 The Crossville Chronicle
Details:   http://www.mapinc.org/media/1972
Author:   Heather MullinixHeather Mullinix, Chronicle staffwriter
Bookmark:   http://www.mapinc.org/meth.htm (Methamphetamine)
Continues:   http://www.mapinc.org/drugnews/v03/n1529/a05.html


(8) S.J. PAROLEE TRIES TO BLOCK DNA TESTING    (Top)

New State Law Forces Convicts To Give Samples For Database

A PembertonTownship parolee is seeking an injunction in the Federal U.S.  District Court (Camden) to block a law that requires anyone convicted of a crime in New Jersey to provide a DNA sample for a state database.

The law also requires the 110,000 people already in prison or under the supervision of either a parole or probation officer to submit DNA by providing saliva samples.

"It's just another example of the government interfering with people's lives," said Edward Forchion, who is enrolled in the state's Intensive Supervision Program.

Forchion, who tried to change his legal name to NJWeedman.com, is head of the Legalize Marijuana Party.

He was sentenced to 10 years in prison in December 2000 for possessing 25 pounds of the drug.  He served 17 months before being admitted to the 20-month parole program in April 2002.

Forchion, who received a letter from the state warning he could be arrested if he fails to submit to the testing, filed a motion for the injunction Tuesday in Federal Court on the grounds that the measure is an ex post facto law.

[snip]

Pubdate:   Thu, 02 Oct 2003
Source:   Courier-Post (NJ)
Copyright:   2003 Courier-Post
Details:   http://www.mapinc.org/media/826
Author:   Jason Narc
See: the 'Weedman' TV ads at http://www.crrh.org/hemptv/misc_weedman.html and NextPlay Video's 41 minute documentary 'Ed Forchion - First Amendment Activist at http://drugpolicycentral.com/real/njweedman.rm
Cited:   NJweedman http://www.njweedman.com/
Bookmark:   http://www.mapinc.org/people/Forchion
Continues:   http://www.mapinc.org/drugnews/v03/n1533/a07.html


(9) FEDERAL JUDGE LIFTS BAN ON PLEA DEALS    (Top)

Compromise grants defendants more rights to appeal

U.S.  Chief District Judge Graham Mullen, who four months ago stopped accepting most plea agreements, is permitting the deals again following a compromise that gives federal criminal defendants more rights to appeal their sentences.

The compromise also gives Mullen -- and the district's three other federal judges -- the power to decide if issues that come up during sentencings should be reviewed by the 4th U.S.  Circuit Court of Appeals in Richmond, Va.

Mullen described himself as gratified at the compromise reached by defense lawyers and government prosecutors.

"This compromise protects the rights of defendants when unexpected issues come up that were not the subject of negotiations in plea agreements," Mullen said.  "It seems to me to be appropriate that defendants are able to appeal if the issues are unusual enough."

[snip]

Pubdate:   Tue, 07 Oct 2003
Source:   Charlotte Observer (NC)
Copyright:   2003 The Charlotte Observer
Details:   http://www.mapinc.org/media/78
Author:   Gary L.  Wright
Continues:   http://www.mapinc.org/drugnews/v03/n1532/a09.html


Law Enforcement & Prisons


COMMENT: (10-13)    (Top)

Police in Sarasota, Florida have been filling the department coffers by seizing the assets of foreign drug dealers lured to the city. While this operation is clearly designed to make money, other drug war efforts seem destined to waste money.  A police anti-drug operation at a Virginia university was analyzed by the school newspaper, which found lots of expenses with very little pay-off.

Meanwhile the Memphis, Tennessee police department is being rocked by revelations that someone has been stealing drugs and money from storage areas for years.  Any Memphis officers who are worried about corruption charges might be heartened by the out come of the "Riders" trial in Oakland, where a group of police were accused of violent lawlessnes and corruption.  A hung jury was unable to bring convictions against anyone in the group.


(10) SARASOTA CASHES IN ON FORFEITURES BY LURING DRUG DEALERS TO    (Top)AREA

Critics Label Operations As 'Money-Making Scheme'

SARASOTA - Dealers from as far away as England, Venezuela and Panama are being lured to Sarasota to buy illegal drugs from undercover detectives posing as dealers.

Police arrest the dealers and seize the cash and vehicles left behind.

Since 2001, more than $1.3 million has flowed into the department under federal and state forfeiture laws that allow police to keep money and valuables seized from suspected dealers.  Sarasota police say the drug deals take dangerous people off the street, and the cash supplements the police budget and helps some charitable causes. Much of the money was used to perpetuate the undercover operations and pay for law enforcement conferences and supplies.  According to a Sarasota Herald- Tribune review:

About $240,000 went to pay for conferences for officers, including training trips to Orlando, Panama City Beach and Las Vegas.

Since 2001, a confidential informant has been paid about $115,000 to help with the operations.  The department has given $100,000 to several other informants.

Pubdate:   Tue, 07 Oct 2003
Source:   Tampa Tribune (FL)
Copyright:   2003, The Tribune Co.
Details:   http://www.mapinc.org/media/446
Section:   Metro, Page 1
Author:   Mike Saewitz, Sarasota Herald-Tribune
http://www.mapinc.org/images/1007drugs1.jpg
Bookmark:   http://www.mapinc.org/af.htm (Asset Forfeiture)
Continues:   http://www.mapinc.org/drugnews/v03/n1537/a10.html


(11) BREAKING DOWN THE DRUG BUST    (Top)

Drugs are not a problem at the University.  Either that or some of Charlottesville's finest should consider a career change.

At a press conference last Friday, local authorities announced the indictment of 33 people on charges of drug distribution and sales and the seizure of marijuana, cocaine, opium, ecstasy and psilocybin mushrooms worth $20,000-22,000.  As of Monday afternoon, 15 of those indicted had been arrested, including eight University students.

The arrests mark the conclusion of a 15-month undercover operation conducted by the Jefferson Area Drug Enforcement (JADE) Task Force. The investigation, dubbed "Operation Spring Break Down," involved agents from the Charlottesville, University and Albemarle County police departments, the Virginia State Police, the Drug Enforcement Administration, The Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco and Firearms.  These law enforcement officials were aided in the investigation by several University students and employees.

[snip]

JADE's conduct last week was out of all proportion to the severity of the suspects' alleged crimes, and it should cause the Charlottesville community to question the professionalism of its law enforcement officers.  Rather than raiding bars, tricking suspects and crowing about their menial triumphs in a public press conference, JADE officials should have made the arrests quietly and moved on to other projects.  The business of the police is law enforcement, not showmanship.

There are two possible conclusions to be drawn from Operation Spring Break Down:

Either drugs are not a major problem at the University, or JADE is not competent to investigate the problem of drugs at the University. If 33 indictments and $22,000 worth of narcotics are the extent of the University's drug problem, then our law enforcement resources could be put to better use.  But if those seizures and indictments are representative of a larger drug problem, they're a sorry prize for 15 months' work.

Pubdate:   Tue, 07 Oct 2003
Source:   Cavalier Daily (VA Edu)
Copyright:   2003 The Cavalier Daily, Inc.

Details:   http://www.mapinc.org/media/550
Author:   Alec Solotorovsky, Cavalier Daily Associate Editor
Continues:   http://www.mapinc.org/drugnews/v03/n1537/a06.html


(12) MPD THEFT PROBE GROWS AUDIT INDICATES PROBLEMS AS EARLY AS 1999    (Top)

Stolen drugs and other goods may have been going out the back door of the Memphis Police Department's property and evidence room for five years or more, with proceeds used to purchase expensive homes and cars in three states.

Federal indictments unsealed Tuesday say the crimes occurred between February 2002 and last week, and link three current or former property room workers to a cocaine ring with ties to Atlanta.  And federal, state and local officials on Wednesday would not comment on the scope of the investigation.

But as far back as 1999 a state audit of the police Organized Crime Unit cited inadequate controls over the recording of confiscated cash in the property room.  An internal audit noted "severe storage and overcrowding problems." Auditors said cash, guns and narcotics were not removed from the property room on a timely basis and marijuana was found on the floor.  Police promised to fix the problems.

And it was learned Wednesday that one of the 16 defendants is a former property room worker, Patrick D.  Maxwell, 32. He faces federal cocaine charges.

In 1998, Maxwell worked as an attendant in the property room making $18,975 a year.  His resignation letter that year said he was leaving for work that put his talents to better use.

On Tuesday, federal agents seized Maxwell's three-story mansion in Lithonia, Ga., an Atlanta suburb.

[snip]

Pubdate:   Thu, 02 Oct 2003
Source:   Commercial Appeal (TN)
Copyright:   2003 The Commercial Appeal
Details:   http://www.mapinc.org/media/95
Author:   Shirley Downing
Bookmark:   http://www.mapinc.org/corrupt.htm (Corruption - United States)
Bookmark:   http://www.mapinc.org/coke.htm (Cocaine)
Bookmark:   http://www.mapinc.org/af.htm (Asset Forfeiture)
Continues:   http://www.mapinc.org/drugnews/v03/n1514/a09.html


(13) POLICE DEFENDANTS ESCAPE CORRUPTION CONVICTIONS    (Top)

Jury in Long-Running Oakland Prosecution Acquits 3 Ex-Officers on 8 Charges, Deadlocks on 27 Others

In a police corruption scandal that sparked outrage and sent shudders throughout Oakland, jurors Tuesday acquitted three former officers of eight crimes and deadlocked on most of the 35 charges that accused the three of terrorizing neighborhoods and making false arrests during the summer of 2000.

Tuesday's outcome ended 56 days of deliberation in Alameda County's longest criminal trial that began one year ago after a rookie cop exposed an alleged seedy underworld in which officers, known as the Riders, lived by their own rules.

Superior Court Judge Leo Dorado declared a mistrial on the other counts after the jurors told him that after exhaustive debate they could not reach unanimous verdicts on the remaining 27 charges.

[snip]

Pubdate:   Thu, 02 Oct 2003
Source:   San Jose Mercury News (CA)
Copyright:   2003 San Jose Mercury News
Details:   http://www.mapinc.org/media/390
Authors:   Sandra Gonzales and Putsata Reang, Mercury News
Note:   Mercury News Staff Writer HongDao Nguyen contributed to this report.
Continues:   http://www.mapinc.org/drugnews/v03/n1519/a04.html


Cannabis & Hemp


COMMENT: (14-18)    (Top)

A ruling by the Ontario Court of Appeals this week will allow for the licensing of cannabis dispensaries, effectively putting an end to the government monopoly on the cultivation and distribution of cannabis.  Although many activists hoped and expected the court to strike down Health Canada's program as unconstitutional, the changes to the Marijuana Medical Access Regulations are seen by most as a slight improvement to the highly criticized program.

Our second story features Canadian Prime Minister Chretien trying to show the world that he and his countrymen do indeed have a sense of humour, quipping to a reporter that he just might take up cannabis smoking after he retires in February.  The plan backfired when the joke was lost on members of the opposition and provincial police organizations, who criticized Chretien for sending the wrong message to kids.  And one more from Canada this week, where House leader Don

Boudria has reconstituted the non-partisan House of Commons Special Committee on the Non-Medical Use of Drugs to study the government's controversial Cannabis Reform Bill.  Boudria would like to see the bill - which would set up a system of high fines for possession of 15 grams or less and doubles the penalty for personal cultivation - passed by the end of fall.

And from San Francisco, a look at the slow and cautious implementation of Proposition S, which calls for the city to explore the possibility of growing and distributing cannabis to those with a physician's recommendation.  Lastly, a comprehensive examination of Switzerland's stalled cannabis reform.  And now, like the Prime Minister of Canada, I'm going to retire (to my living room) and smoke a joint.


(14) OTTAWA'S POT RULES UNCONSTITUTIONAL, COURT RULES    (Top)

A federal scheme that supplies marijuana to those with serious medical problems unconstitutionally forces users into the black market to

obtain a reliable supply, the Ontario Court of Appeal has ruled.

The court said the current federal licensing scheme obliges those who are ill to act like criminals, obtaining illicit supplies "with all the risks of tainted product this presents.

"Exposing these individuals to these risks does not advance the objective of public health and safety," it said in a 3-0 ruling. "Rather, it is contrary to it.  Equally, driving business to the black market is contrary to better narcotic drug control."

The court stopped short, however, of striking down the entire scheme.  It opted to tinker with the law to make it comply with the constitutional right to life, liberty and security of the person.

[snip]

Pubdate:   Tue, 07 Oct 2003
Source:   Globe and Mail (Canada)
Copyright:   2003, The Globe and Mail Company
Details:   http://www.mapinc.org/media/168
Author:   Kirk Makin
Bookmark:   http://www.mapinc.org/topics/Ontario+Court+Appeal
Bookmark:   http://www.mapinc.org/people/Alan+Young
Continues:   http://www.mapinc.org/drugnews/v03.n1533.a12.html


(15) WORLD WONDERS IF HE'S GONE TO POT    (Top)

It was meant as a joke, but that didn't stop Prime Minister Jean Chretien's quip about possibly smoking pot in retirement from making headlines around the world yesterday.

Reuters put Chretien's crack on cannabis -- made in an interview with the Free Press -- on its global wire service.  The story was picked up by the U.S.  Internet Web site, the Drudge Report, which rose to fame with its scoops on the Bill Clinton-Monica Lewinsky scandal.

"Now Canada can understand why Prime Minister Jean Chretien seems to be in such a hurry to push through a law decriminalizing marijuana," the Reuters story said.

[snip]

Pubdate:   Sat, 04 Oct 2003
Source:   Winnipeg Free Press (CN MB)
Copyright:   2003 Winnipeg Free Press
Details:   http://www.mapinc.org/media/502
Author:   Paul Samyn
Continues:   http://www.mapinc.org/drugnews/v03.n1515.a07.html


(16) BOUDRIA STRIKES NEW COMMITTEE TO STUDY CANADIAN POT BILL    (Top)

Government House Leader Don Boudria says he remains committed to getting the Liberals' bill to decriminalize marijuana possession adopted this fall, adding that he will move to strike a new committee this week to study the legislation.

The Cannabis Reform Bill, C-38, has been languishing on the Order Paper for weeks amid speculation that its sponsor, Justice Minister Martin Cauchon, may cave to increasing pressure from both inside and outside Parliament to scuttle the controversial piece of legislation.

But last Friday, Mr.  Boudria said he secured a deal with the other parties to start moving the bill again.  He said once the bill hits second reading in the House, expected later this week, he will hand it to the newly-reconstituted House of Commons Special Committee on the Non-Medical Use of Drugs, which did a study on the use and regulation of marijuana last year.

[snip]

Pubdate:   Mon, 06 Oct 2003
Source:   Ottawa Hill Times (CN ON)
Details:   http://www.mapinc.org/media/192
Author:   Paco Francoli
Bookmark:   http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Continues:   http://www.mapinc.org/drugnews/v03.n1530.a05.html


(17) LOW PROFILE FOR CITY'S POT PROP    (Top)

Voters may have approved Proposition S, the measure that calls on city officials to explore the possibility of growing and distributing medical marijuana in The City, but now the tricky part begins -- actually implementing it.

[snip]

"The key is to keep your head down and avoid city involvement as much

as possible," said District Attorney Terence Hallinan, who counseled against using city land to harvest medical marijuana.

Instead, The City's role should include authorizing
medical-marijuana clubs to grow a limited amount of pot for needy patients, maintaining availability to avoid seepage into the black market and setting quality and price controls, Hallinan said.

[snip]

Pubdate:   Mon, 06 Oct 2003
Source:   San Francisco Examiner (CA)
Copyright:   2003 San Francisco Examiner
Details:   http://www.mapinc.org/media/389
Author:   Millicent Mayfield, Examiner Staff
Bookmark:   http://www.mapinc.org/find?115 (Cannabis - California)
Continues:   http://www.mapinc.org/drugnews/v03.n1530.a13.html


(18) POT STILL HIGH ON LIST OF ILLEGALS FOR SWISS    (Top)

Philippe, 36, works for that abiding symbol of Swiss respectability -- a bank.  He also likes to relax with a joint of marijuana after work.  Until very recently, it looked as though his habit might soon cease to be a crime.  But then Parliament killed government-backed legislation that would have decriminalized cannabis consumption.

Last month's narrow 96-89 vote was ironic, because it leaves Switzerland -- a pioneer in drug liberalization -- on the "no" side in a gradual European trend toward softening marijuana laws.

"Bans on cannabis and alcohol have always proved a failure," said Pascal Couchepin, Switzerland's straitlaced health minister, arguing passionately but fruitlessly for passage of the reform.

[snip]

Pubdate:   Mon, 06 Oct 2003
Source:   Oklahoman, The (OK)
Copyright:   2003 The Oklahoma Publishing Co.
Details:   http://www.mapinc.org/media/318
Author:   Clare Nullis /Associated Press Writer
Bookmark:   http://www.mapinc.org/pot.htm (Cannabis)
Bookmark:   http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Continues:   http://www.mapinc.org/drugnews/v03.n1530.a03.html


International News


COMMENT: (19-22)    (Top)

Incensed over marijuana use in youth, prohibition officials on the National Drug Commission in Bermuda are launching a campaign against the "epidemic".  Bermuda's Health Minister Patrice Minors urged people to admit what marijuana does to children, and to "discredit the current misconceptions surrounding marijuana." Attacking the idea that marijuana is safe was a priority for the commission. Reverend Andrew Doughty, chairman of the commission, cast out the demon of marijuana legalization specifically, and decried attempts to legalize cannabis.  (The reverend did not mention those jailed for cannabis crimes in Bermuda.)

New Zealand grappled with the issue of drug testing 10,000 staff of Air New Zealand last week as a full bench of three Employment Court judges heard testimony from occupational health experts who criticized the plan as flawed.  Noting that tests are unreliable detectors of impaired performance and subject to cheating, health expert Dr Ian Gardner also testified that the planned drug testing was modeled after the punitive U.S.  model, not from any real concerns for health or safety.  The hearings are part of a union challenge to the proposed drug testing rules.  Dr Gardner noted forced referrals to employee assistance programs may be unethical, the training of company "bladder-police" was shoddy, and that informed consent of the patient was questionable in any event.

After a spate of attacks on police in Alberta, Canada, police fear that methamphetamines may be the reason.  Two RCMP officers were sent to the hospital last week after a suspect believed to have taken methamphetamines attempted to steal their cruiser.  Edmonton narcotics officer Det.  Darcy Strang pinpointed the "skyrocketing" use of meth as the culprit: "they're finding more meth than ever. They just seem to be inundated with meth, maybe due to the fact it's easier to make out there."

Edmonton police Chief Bob Wasylyshen thinks "drugs" are to blame. Admitting that addicted people "are desperate to commit criminal acts that would provide them with money to obtain drugs," the police chief did not mention the effect drug prohibition has on the cost of prohibited, black-market drugs.

In an ironic reversal of the usual pattern, a missionary with dual Canadian-US citizenship is imprisoned in Mexico for smuggling "drugs" into Mexico from the US.  Steve Frey, 48, imprisoned in Reynosa, Mexico, spoke in an interview last week from his cell to an Ontario-based TV program.  Frey claims he smuggled the donated medical supplies, including over-the-counter cough syrups and decongestant tablets, as part of a medical relief effort to aboriginals in rural Mexico.  Mexican officials, pointing to ingredients that could be used to make meth, countered that Frey did not file required drug importation permits.


(19) NDC MOUNTS CAMPAIGN AGAINST MARIJUANA 'EPIDEMIC'    (Top)

The National Drug Commission (NDC) is launching a campaign against an "epidemic" of marijuana use among the youth.

The NDC will also address the public at Harbour Nights next Wednesday.  Health Minister Patrice Minors said: "Marijuana use is an epidemic.  It is time we faced facts about marijuana and what it is doing to our youth.

"We as a community need to discredit the current misconceptions surrounding marijuana and increase awareness and information regarding its effect on people."

She said the perception that marijuana was a safe drug was untrue. The NDC says the campaign aims to reduce the use of the drug and boost public awareness.  NDC chairman Rev. Andrew Doughty said attempts to legalise marijuana were misguided.

Pubdate:   Tue, 07 Oct 2003
Source:   Royal Gazette, The (Bermuda)
Copyright:   2003 The Royal Gazette Ltd.
Details:   http://www.mapinc.org/media/2103
Bookmark:   http://www.mapinc.org/area/Bermuda
Continues:   http://www.mapinc.org/drugnews/v03.n1532.a05.html


(20) 'BLADDER-POLICE' FLAWED SAYS EXPERT    (Top)

Air New Zealand's controversial bid to introduce random drug and alcohol testing for its 10,000 staff drew references at a court hearing yesterday to "bladder-police" and urine cheating kits.

Australian occupational health expert Dr Ian Gardner told a full bench of three Employment Court judges in Auckland that drug-testing was an unreliable measure of impaired performance, and open to cheating by hard-core abusers.

This included buying "certified drug-free urine" on the internet for self-insertion through a catheter to fool even the closest inspection.

Testifying for six aviation unions in a major legal challenge, Dr Gardner said Air NZ's proposal leaned heavily on a punitive model from the United States rather than genuine health and safety motives.

"The model's origins come out of a moral direction of the Reagan White House to create a drug-free America - it was seen as a good thing to set the moral tone."

[snip]

Dr Gardner, who has worked for IBM and is a consultant to the Australian Defence Force, said forced referrals to employee assistance schemes were "not regarded as good industrial or medical practice, and may be unethical".

He wondered how informed, voluntary consent was possible in such cases, and pointed to a lack of policy detail about the training of the "bladder-police" who would collect urine samples.

[snip]

There was no evidence of a drug problem at Air New Zealand and he pointed to an absence of research by ACC into substance abuse as a cause of workplace accidents.

Dr Gardner conceded a possible case for testing pilots and other workers such as crane operators if their employers had reasonable cause to suspect alcohol or drug-related impairment.

But he said alcohol abuse was at least 10 times more

likely than drugs to cause workplace accidents, and criticised a proposed exemption by the airline for limited liquor consumption for business purposes if approved at a senior level.

Unions lawyer John Haigh, QC, said Air New Zealand's proposal was "highly intrusive of some of our most fundamental rights: the right to privacy and the right to refuse medical treatment".

[snip]

Pubdate:   Wed, 08 Oct 2003
Source:   New Zealand Herald (New Zealand)
Copyright:   2003 New Zealand Herald
Details:   http://www.mapinc.org/media/300
Author:   Mathew Dearnaley
Bookmark:   http://www.mapinc.org/testing.htm (Drug Testing)
Continues:   http://www.mapinc.org/drugnews/v03.n1535.a09.html


(21) DRUG RAGE BLAMED    (Top)

Drugs - particularly methamphetamines - may be a major factor behind a recent string of attacks on police, say cops.

Two Mounties were hospitalized Monday after they tried

to stop a suspect from stealing an RCMP cruiser.

Since September, there has been a rising number of incidents where suspects have tried to ram police cruisers or run down officers with stolen cars.

Edmonton police Chief Bob Wasylyshen said he believes a lot of the recent attacks on police officers stem from drugs and drug-related crime.

"A lot of these people are drug-dependent and are desperate to commit criminal acts that would provide them with money to obtain drugs," he said.  "And when they are confronted they are already under the influence of drugs and they resort to desperate measures."

Edmonton police drug-section Det.  Darcy Strang said methamphetamine use is "absolutely skyrocketing" in Edmonton and outside the city. "Outside of the city, they're finding more meth than ever.  They just seem to be inundated with meth, maybe due to the fact it's easier to make out there."

[snip]

But finding specific reasons why more offenders are

trying to ram police cruisers is elusive, said Edmonton police spokesman Sgt.  Chris Hayden. "Desperation is one, and these guys trade stories in the Remand," he said.  "I think the media certainly have something to do with it."

[snip]

Pubdate:   Wed, 08 Oct 2003
Source:   Edmonton Sun (CN AB)
Copyright:   2003, Canoe Limited Partnership.
http://www.fyiedmonton.com/htdocs/edmsun.shtml
Details:   http://www.mapinc.org/media/135
Author:   Shane Holladay
Bookmark:   http://www.mapinc.org/meth.htm (Methamphetamine)
Continues:   http://www.mapinc.org/drugnews/v03.n1538.a06.html


(22) MEXICO IMPRISONS CANADIAN ON DRUG CHARGES    (Top)

A Canadian-U.S.  missionary credits the "hand of God" for protecting him while he languishes in a Mexican prison on what he and his supporters say are trumped-up drug charges.

"I want to get out of here so bad you wouldn't believe it," Steve Frey, 48, said from his cell in a federal

prison in Reynosa, Mexico.  Although conditions are difficult, Mr. Frey said, he is not being abused or mistreated.

Mr.  Frey, a citizen of Canada as well as the United States, spoke by cellphone in a call arranged and broadcast last week by Listen Up, a religious television program based in Burlington, Ont.

He was arrested on Aug.  19 in Reynosa and charged with transporting a prohibited, controlled substance, skirting checkpoints and taking items into the country without permission and without paying duties.

[snip]

For several years, Mr.  Frey, a nurse, has taken medical supplies and over-the-counter pharmaceuticals to impoverished Huasteca aboriginals in the Valles region of Mexico.

Among the drugs were bottles of cough syrup and decongestant tablets.  According to Mr. Frey and his supporters, Mexican authorities are concerned about the drug ingredient pseudoephedrine.

[snip]

Flor De Liz Vasquez, a spokeswoman for the Mexican

embassy, said there is a permit system for importing donated medication, as well as laws controlling prohibited drugs.

"The laws have to be appropriately applied," she said.

[snip]

Mr.  Frey had a lawyer, who could call witnesses, one of whom testified that the medications contain no illicit substances.  Mr. Frey had access to Canadian and U.S.  consular officials and was visited by family and friends.

Nevertheless, he remains in prison, worried that if convicted, he could receive a 20-year term.

[snip]

Pubdate:   Mon, 06 Oct 2003
Source:   Globe and Mail (Canada)
Copyright:   2003, The Globe and Mail Company
Details:   http://www.mapinc.org/media/168
Author:   Estanislao Oziewiz
Continues:   http://www.mapinc.org/drugnews/v03.n1527.a04.html


HOT OFF THE 'NET    (Top)

Outspoken Rush Limbaugh Should Speak Out

A DrugSense Focus Alert.

http://www.mapinc.org/alert/0279.html


The Three-and-a-half Years Miracle

Narco News to Suspend Publishing Indefinitely on October 18

By Al Giordano, Publisher, October 10, 2003

Narco News regrets to inform our readers that your trilingual online newspaper will suspend publishing new reports on
October 18, three-and-a-half years after we began reporting on the drug war and democracy from Latin America.

Continues:   http://narconews.com/Issue31/article879.html


Thank You Jeb and Jim

by Stephen Heath, posted DrugWar.com, October 8, 2003

A happy Florida Governor Jeb Bush

Elected officials do jobs that are often thankless.  Well we're here to thank Governor Jeb Bush and his drug czar James
McDonough for their drug policies, now in effect for almost five years.

Continues:   http://www.drugwar.com/heaththanksjeb.shtm


Upcoming Marsha Rosenbaum Radio Appearance

Marsha Rosenbaum PhD, Director of the Alliance's San Francisco Office and the Safety First project will be participating in a discussion of ecstasy and rave culture on the All American Talk Radio Show which airs on KGOE 1430 AM in Eureka, CA and KTRC 1260 AM in Santa Fe, NM.

October 10, 2003
4:00 - 5:00 pm PDT
Eureka, CA and Santa Fe, NM

Listen Live: http://www.ieamericaradio.com/


Cauchon Tries To Push Pot Bill Through

CBC coverage of Cauchon's attempt to push his Americanized Decrim Bill through the House of Parliament.

http://www.pot-tv.net/archive/shows/pottvshowse-2245.html


Raich-v-Ashcroft.com

I wanted to let everyone know about our new website were you can learn more about the plaintiffs, their attorneys, and you can read all of the pleadings for the Raich v.  Ashcroft.

http//raich-v-ashcroft.com/

Angel McClary Raich


LETTER OF THE WEEK    (Top)

Wasted

By Howard J.  Wooldridge

I enjoyed Schoenkopf's piece on marijuana.  The only item I would add regards public safety.  As a police officer, I know that every hour spent looking for pot by officers reduces public safety.  This year, we will spend roughly 10 million hours looking for pot under a kid's front seat--after we already know that driver is not intoxicated. Meanwhile, drunk drivers sail past these traffic stops and kill 18,000 innocent people.

Officer Howard J.  Wooldridge, (retired) Member, Law Enforcement Against Prohibition (www.leap.cc) Fort Worth, Texas

Date:   10/03/2003
Source:   Orange County Weekly (CA)
Details:   http://www.mapinc.org/media/322
Referenced:   http://www.mapinc.org/drugnews/v03/n1464/a08.html


LETTER WRITER OF THE MONTH - SEPTEMBER    (Top)


DrugSense recognizes Stan White of Dillon, Colorado for his eleven letters to the editor published during September, bringing his career total that we know of to an impressive 121.

You can read all of Stan's excellent letters by clicking this link:

http://www.mapinc.org/writers/Stan+White

NOTE: This monthly recognition is based strictly on numbers of letters published.  The person with the highest count at http://www.mapinc.org/lte/ is recognized.  In case of a tie the recognition goes to the person with the largest total career count. But once recognized, a person is not eligible again for a year.


FEATURE ARTICLE    (Top)

Rush Watch Week 2: The Silence Is Deafening

By Stephen Young

"Get a Rush! Rush Limbaugh on talk radio eight-ninety." - Radio spot promoting Rush Limbaugh's program on Chicago radio station WLS-AM.

The brief, now profoundly ironic, radio promos are becoming more familiar to me.  I've been listening to Rush Limbaugh's broadcast all week in hopes of learning more about the professional talker's alleged drug problems.

The exercise has been disappointing.

If you read this space last week, you may recall my prediction that the usually verbose Limbaugh wouldn't have much to say about drugs or drug policy.  The prediction, of course, was based more on common sense than psychic ability.  It's understandable that he won't talk about his own legal situation; no one wants to incriminate themselves.

As I said last week, though, it's a perfect opportunity to advance the debate about drug prohibition in general, with or without discussing his personal situation.  All this week on his show Limbaugh railed against over-reaching government, self-interested bureaucrats, disingenuous politicians and general threats to American freedom.  The drug war could be raised in association with any of those phenomena - it is a far bigger fraud than any of the specific issues he raised.  But I doubt we'll ever hear it from Limbaugh, no matter how true he might believe it to be.

Sadly, it looks like Limbaugh is waiting for everyone to forget about his support for the drug war and his alleged transgressions against drug laws.

That's not what he said would happen last Friday, the first day he returned to the microphone after he was accused of buying thousands of black market pain pills.  Near the beginning of the show Limbaugh mentioned the story about "drugs and me" but he said he couldn't give any details until he knew more about what was going on.  He promised to explain the whole thing when he had an opportunity.  He posted a statement to that effect on his Web site.

Critics smelled a smokescreen.  Some called the statement "Clintonesque," about the nastiest insult one could hurl at Limbaugh.  Even the Wall Street Journal called for honesty on the issue, urging Limbaugh to "face his problems like a man." On Monday's program Limbaugh denied that his earlier statement was Clintonian.  He had to figure out was he was facing legally, he said. Until then, he would not talk about it.  That statement also went up on the Web site.

Then there was silence.  Within about 48 hours the statement about the need for legal knowledge was removed from the site.

According to interviews with law enforcement authorities conducted by the Palm Beach Post, the possibility that Limbaugh will ever be prosecuted is slim.  Unless he was caught red-handed with a large quantity of pills, he's probably safe.  But no one appears to know for sure.

That puts him in legal limbo, and it likely puts the rest of us in information limbo.  He may never know what he's facing legally (though his lawyers have surely informed him that it's not much), therefore I don't expect to hear any more about the issue.

Contrary to the information vacuum surrounding the drug issue, Limbaugh's web site is still plastered over with images and links regarding Limbaugh's other controversy - his racially charged analysis of the abilities of NFL quarterback Donovan McNabb. Limbaugh's McNabb comments on ESPN, which led to his resignation from the network, helped to blunt the scandal over the drugs.  Since the McNabb story preceded the pill story, it made the pill story seem like a weird sideshow to the main event.

Limbaugh could stand the heat on the McNabb story.  Indeed, if his Web site is any indication, he has embraced the heat.  That's essentially all he talked about for the first three-hour show after the National Enquirer drug story emerged.  Perhaps Limbaugh had no idea his McNabb comments would create such a firestorm.  But it's hard to believe such a perpetual critic of the supposedly hyperliberal mainstream media couldn't see it coming.  Limbaugh's McNabb comments and their aftermath sure did fill the painful silence on his other controversy, and created the impression that he was addressing a personal crisis, even as he completely ignored a more significant personal crisis.

It looks as if Limbaugh has passed over his opportunity to analyze the relationship between his own personal drug crisis and the national crisis of the drug war.  Instead he used his words to create a completely different, and ultimately irrelevant, controversy.  Or maybe it was all a coincidence.

It's too bad either way.  Limbaugh could focus a remarkable amount of attention on the drug war and its opponents.  But drug policy reformers can take some comfort knowing Limbaugh's drug silence will cut both ways.  By this point, he's certainly too ashamed to open his big mouth in favor of the drug war again.

Stephen Young is an editor with DrugSense Weekly and author of Maximizing Harm - www.maximizingharm.com


QUOTE OF THE WEEK    (Top)

"We must be free not because we claim freedom, but because we practice it." - William Faulkner


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CREDITS:  

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

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