NATIONAL ORGANIZATION FOR THE REFORM OF
MARIJUANA LAWS
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... a weekly service for the media on news items related to Marijuana Prohibition.
November 16, 1995
Judge Dismisses Drug Charges Against
State "Licensed" Marijuana Dealer:
Court Rules Marijuana Tax Stamps To Be Double Jeopardy
November 1, 1995, Phoenix, AZ: In a
ruling whose implications have been described as "staggering,"
a Phoenix court has dismissed charges against Arizona NORML
Chairman, Peter Wilson, because of evidence that he is licensed
by the state to sell marijuana. Wilson was charged with
possession of marijuana after police confiscated a bag of
marijuana at his home on August 22.
Basing his ruling on constitutional prohibitions against double
jeopardy, Judge John Barclay concluded that Wilson could not be
prosecuted for possession of marijuana because of taxes he has
paid to the Arizona Department of Review to sell cannabis.
Under Title 42 of a 1983 law, Arizona residents can purchase both
a license and tax stamps ($10 per ounce) to legally possess and
sell marijuana. Wilson possessed both a license and over
$200 dollars worth of stamps at the time of his arrest.
Noting that the creation of Title 42 creates a "confusing
paradox," Judge Barclay ruled that "the facts in this
case prohibit prosecution for the possession of marijuana because
the tax imposed prior to the prosecution served a punitive
purpose." The Fifth Amendment strictly prohibits
citizens from being punished more than once for the same offense.
Bill Fitzgerald, a spokesman for the Maricopa County Attorney's
Office, says that the state intends to appeal the ruling.
In the meantime, Wilson is encouraging the Arizona cannabis
community to contact the Department of Revenue and -- as quickly
as possible -- acquire the "trinity:" a marijuana
license, stamps, and a copy of Judge Barclay's decision.
"The police should then say to you something like, 'Well,
sir, I see [that] you are lawfully in possession of
marijuana. Have a good day.'"
For more information, please contact Peter Wilson of AZ4NORML
@ (602) 861-0855. To acquire a copy of Judge Barclay's
decision, please contact the Northwest Phoenix Justice Court @
(602) 395-0293 and refer to case # CR95-02094-FE (State of
Arizona vs Peter Banker Wilson).
Massachusetts Governor Refuses To Sign Medical Marijuana Necessity Defense Act
November 10, 1995, Massachusetts:
Governor William Weld has refused to sign legislation that would
allow for defendants facing charges of marijuana possession to
argue that they use the drug as a medicine. Weld returned
the bill (H 2170 aka the Joe Hutchins Act) back to the Legislature
requesting that lawmakers tighten the bill's language.
According to press reports, Weld balked at the bill because he
felt that, as written, the legislation "would in all
likelihood lead to inappropriate assertions of the
defense." Weld also notes that the bill would allow a
defendant to take a "self-diagnosis approach."
Weld suggested amending the bill to require that the defendant
must be certified to participate in a therapeutic research
program and possess the marijuana for personal use as a result of
that program.
Rep. Patricia D. Jehlen (D-Somerville), the bill's sponsor, was
shocked by the governor's actions. Jehlen claimed that
House members have worked closely with Weld's staff and did not anticipate
the governor's recent concerns over defendants misusing the
defense. "We [already] have language to address that
[problem,]" Jehlen said. "All my original bill
would've done is let people who are suffering tell the jury why
they were smoking marijuana."
Moreover, backers of H 2170 claim that Weld's amended language
for the bill is nothing more than an empty gesture. There
exists no such state research program, proponents for the bill
note, and even if there was, the government no longer makes the
drug available for medical research. In short,
"[Weld's] amendment means that there is no bill,"
Jehlen said.
Currently, eight Americans receive marijuana from the federal
government as part of the Compassionate Investigative New Drug
(IND) program. This program was closed to new applicants in
1992 and it remains in operation only for the eight surviving
previously-approved recipients.
For more information on the Joe Hutchins Act (H 2170), please
contact Steven Epstein of MASS CANN NORML @ (617) 599 3161.
ACLU Poll Demonstrates That Americans Clearly Support Medical Marijuana
November 9, 1995: Preliminary findings
from a recent study conducted by the American Civil Liberties
Union (ACLU) demonstrate that the legalization of marijuana for
medical use is favored by a clear majority of American voters.
The poll notes that 79 percent of Americans thought it would be a
"good idea" to allow doctors to prescribe marijuana for
medical purposes. Eighty five percent of the respondents
said that they would "favor" making marijuana legally
available for medical uses where it has been proven effective for
treating a problem.
The ACLU study also reports that Americans tend to separate their
opinions regarding marijuana for medical use and marijuana for
recreational use. While the study demonstrates that a "clear
majority" of respondents favor changes in the federal law
that would allow for the medical use of marijuana, only a
"near majority" support the decriminalization of
marijuana for social use.
For more information, please contact the ACLU @ (212)
944-9800.
Germany To Begin Cultivating Industrial Hemp
November 1995, Germany: The New York Times
News Service reports that the German government is repealing its
ban on the cultivation of industrial hemp. The hemp
plant--also known as marijuana--can be used to make various
products such as clothes, textiles, foodstuffs, cosmetics, paper,
and plastics.
Hemp has been stigmatized in Germany because it can also produce
marijuana, noted Health Minister Horst Seehofer. However,
Seehofer stated that farmers now possess the technology to grow
strains of hemp that contain less than 0.3 percent THC--the
substance that gives marijuana and hashish their psychoactive
qualities. Therefore, "the principle argument against
a continuing ban on hemp cultivation is ... no longer
valid," Seehofer said.
Hemp production is rapidly becoming a booming industry throughout
Europe and is already permitted in Spain, Britain, France, and
the majority of Eastern Europe. Recently, worldwide clothing
manufacturers such as Ralph Lauren, Calvin Klein, and Adidas have
all introduced hemp to their product lines.
"German farmers should be able to take advantage of the
market potential for the hemp plant," Seehofer concluded.
For more information on the many uses of industrial hemp,
please contact NORML to order a copy Industrial Hemp: Practical
Products--Paper to Fabric to Cosmetics. The booklet is
available for $4.50 ppd.
Annual PRIDE Survey Shows Increase In Adolescents Using Drugs, Marijuana
November 2, 1995, Atlanta, Georgia: A
recent survey from the National Parents' Resource Institute for
Drug Education (PRIDE) reports "significant increases"
in the use of cigarettes, marijuana, cocaine, and hallucinogens
among adolescents. These findings come shortly after data from
the 1994 National Household Survey on Drug Abuse also noted an
increase in adolescent marijuana use.
The PRIDE report states that: "Marijuana use [has] increased
more dramatically than any drug in the study. One third of
high school seniors (33 percent) have smoked marijuana in the
past year, and one fifth (21 percent) smoked monthly."
The report further notes that monthly marijuana use among high
school students rose 2.9 percent over the past year and now
stands at 18.5 percent. By comparison, the Household Survey
data reported that 7.3 percent of adolescents aged 12 to 17 used
marijuana on a regular basis.
PRIDE announced that the rising figures should serve as a warning
to baby boomers with children. "More of your teenagers
are using drug than last year," the parents organization
warns, "and too few of you are doing what you can to prevent
it."
For more information, please contact Doug Hall of PRIDE @
(770) 458-9900.
SAMHSA's Figures Don't Match Up
With Brown's Statements Regarding Marijuana Related Emergency
Room Episodes
November 8, 1995, Washington, DC:
Recent figures released from an upcoming report that tracks the
number of Americans admitted to hospital emergency rooms with
drug-related problems conflict with statements made earlier this
summer by Drug Czar Lee Brown. The complete 1994 report
will be released by the Substance Abuse and Mental Health
Services Administration later this year.
The report's press release states that just over a half-million
Americans wound up in hospital emergency rooms with drug related
problems in 1994, including a record number 142,000 with cocaine-related
episodes. The release additionally states that some 40,000
episodes were related to marijuana and hashish, although it notes
that almost half of these patients also used alcohol and cocaine.
This data directly conflicts with statements made by Drug Czar
Lee Brown this past July regarding the supposed dangers of
marijuana. At that time, Brown told the national media
that, "[Marijuana] now sends nearly as many people to the
hospital as cocaine." (Washington Post, July
28, 1995) Yet, the figures released by SAMHSA demonstrate
that more than seven times as many individuals went to the
emergency room because of cocaine related episodes in 1994 as did those
who consumed marijuana alone. The newly released figures
indicate that Brown grossly exaggerated his previous statements
regarding marijuana-related emergency room admissions to incorrectly
imply that marijuana is as dangerous as cocaine.
Some marijuana users are admitted to emergency rooms after
suffering panic attacks from consuming cannabis. These
attacks are relatively harmless and subside within a few
hours. National data estimates that approximately 10
million Americans use marijuana monthly.
The SAMHSA release concluded that "cocaine ... appears to be
the primary cause for the increase in total drug-related
emergency department episodes since the mid 1980s."
For more information or to acquire a copy of the SAMHSA press
release, please contact the Drugs & Crime Data Center &
Clearinghouse @ 1-800-SAY-NO-TO or SAMHSA, Office of Applied
Studies @ (301) 443-7980.
Clinton, Brown Speak At Community Anti-Drug Coalition Of America Forum
November 2, 1995, Alexandria, VA: Both
President Clinton and Drug Czar Lee Brown were among those
federal officials speaking at the Community Anti-Drug Coalition
of America's (CADCA) annual National Leadership Forum. This
year's forum signified the kick-off of the CADCA's "Working
Together to Save Lives" drug-awareness campaign,
memorializing the men, women, and children who have died in
drug-related deaths. The campaign is handing out "Memorial
Bracelets" to symbolize the many victims of drug-related
deaths. The CADCA estimates that 35,000 people died in
drug-related incidents in 1992 alone; however, the organization
does not distinguish between deaths due to the use of illegal
drugs themselves (i.e., Tish Smith, an eighteen year old victim
of an accidental heroin and cocaine overdose) and deaths due to
the federal prohibition of drugs (i.e., Edward Plank, a 28 year
old police officer who was killed by drug runners this past
October).
President Clinton, who was presented with the first
"Memorial Bracelet," spoke broadly about drug use in
general and specifically about concerns he held regarding a
recent increase in casual marijuana use among teenagers.
Clinton claimed that the recreational use of marijuana was "dangerous"
because marijuana "is more toxic than ever before" and
is a gateway to other drugs. The president later added that
he would "convene a White House leadership conference on adolescent
drug use and violence in January." NORML knows
of no evidence indicating that today's marijuana is either more
toxic than marijuana of the past or that it is a causal link to
hard drug use.
Citing figures from a new survey conducted by the Parents
Resource and Information on Drug Education (PRIDE), Drug Czar Lee
Brown once again reiterated his beliefs that marijuana is a highly
dangerous drug. "Marijuana fuel[s] a culture of
violence which is destroying the lives of thousands of our young
people," Brown stated.
For more information on the CADCA's new campaign, please
contact either Sue Kennedy @ (202) 833-4230 or Tony Tijerino @
(202) 833-4208.
State Representative Advocates The Cultivation Of Industrial Hemp In Hawaii
November 1995, Hawaii: State
Representative David Tarnas voiced his support for establishing a
legal, domestic hemp industry in Hawaii in the November issue of
Ka'u Landing magazine. In an article written by Tarnas and
entitled The Politics of Hemp: An Emerging Public Policy Issue,
he states that: "The government must do its best to open up
commerce in industrial hemp. ... My goal is to remove
barriers to allow commerce to prove itself. Get government
out of the way, and let a legitimate hemp business support a
diversified, well integrated local economy."
Mr. Tarnas also used the feature article to state his stern
consternation for the prosecution of Roger Christie and Aaron
Anderson for possessing sterilized hemp seeds. Tarnas noted
that state statutes "explicitly allow commerce in sterilized
hemp seed" and further added that "the prosecutor has
made public statements that the defendants are being targeted
because they are hemp advocates."
"As a state representative, I say this [prosecution] is
absurd! Government doesn't have money to waste on frivolous
lawsuits. This is a flagrant example of commerce being
strangled by unjustified government interference."
State Representative Dave Tarnas can be contacted at the
following address: PO Box 2523, Kailua-Kona, HI 96745. For
more information on Christie and Anderson's bizarre and
controversial trial, please contact Allen St. Pierre of NORML @
(202) 483-5500.
Connecticut Department Of Motor Vehicles Enters The Drug War
November, 1995, Connecticut: Angry
Connecticut residents have recently contacted NORML to alert
others of the Connecticut Department of Motor Vehicles recent
practice of including drug interdiction information along with
one's license renewal forms. The additional anti-drug
flyers encourage area residents to provide information on illegal
drug trafficking, "including marijuana growing," in
exchange for a potential "$250,000 reward." The
flyer also entices snitching by stating that, "Both state
and federal authorities can pay a percentage of the value of
forfeited property to individuals providing information leading
to the seizure of property."
A toll free, twenty-four drug hotline is also included.
-END-
MORE THAN 10 MILLION MARIJUANA ARRESTS SINCE 1965 ... ANOTHER EVERY 90 SECONDS!
A personal note from Carl E. Olsen:
The full text of the recently introduced (Nov. 13, 1995) federal medicial marijuana bill, H.R.2618 (therapeutic use of marihuana), is now available online. The URL is:
http://mojo.calyx.net/~olsen/MEDICAL/hr2618.html
Sincerely, Carl E. Olsen
Iowa NORML coordinator