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Forwarded from the New Paradigms Project [Not Necessarily Endorsed]:
From: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Subject: [smashthestate] Drug War hilarious, if lives weren't ruined
Date: Monday, November 15, 1999 12:51 PM

From: [EMAIL PROTECTED]

>From http://www.lvrj.com/lvrj_home/1999/Nov-14-Sun-1999/opinion/12346459.html

                  Sunday, November 14, 1999
                  Copyright © Las Vegas Review-Journal

                  COLUMN: VIN
                  SUPRYNOWICZ

                  Drug War hilarious, if lives weren't ruined


                       Perhaps, if we wait a little longer, the War on Drugs
                  will grow more insane ... though it would be hard.
                        In 1996, California voters overwhelmingly approved
                  Proposition 215, allowing medical marijuana use in that
                  state.
                        But California cops have continued busting sick
                  Californians and seizing their home-grown pot ever since
                  -- paying particular attention to those who dared
                  exercise their First Amendment rights to promote Prop
                  15, like 1996 Libertarian gubernatorial candidate Steve
                  Kubby, an adrenal cancer survivor, and AIDS patient
                  Peter McWilliams, author of the high-profile book "Ain't
                  Nobody's Business If You Do" (Prelude Press).
                        Now, a federal judge has ruled McWilliams and
                  fellow defendant Todd McCormick, who has bone
                  cancer, won't be allowed to even mention Prop 15 at
                  trial.
                        U.S. District Judge George King has ruled, "They ...
                  cannot refer to their medical conditions, the medical uses
                  of marijuana, or California's Proposition 215," The
                  Associated Press reports.
                        McWilliams says he can only keep down his AIDS
                  medication by smoking marijuana. But Judge King's
                  ruling "disallowed a defense based on medical necessity
                  because it 'is not available as a matter of law,' since
                  Congress has ruled marijuana has no medical merit," The
                  AP explains. "Proposition 215 recognizes some medical
                  benefits, but U.S. officials say state laws do not apply to
                  federal offenses."
                        Apparently, in California one now has a right to a
                  trial (before a jury carefully stacked to include only
                  prohibitionists), but no right to mount a defense.
                        Meantime -- don't try too hard to make sense of
                  this, it will make your head hurt -- the Sacramento Bee
                  reported on Nov. 7:
                        "If you never thought you'd live to see the day police
                  would have to return marijuana and guns to a person
                  they had busted on drug charges, you should have been
                  in Auburn on Wednesday at the Placer County Sheriff's
                  Department.
                        "Chris Jay Miller, 48, of Citrus Heights, backed his
                  pickup truck to the door of an evidence shed behind
                  sheriff's headquarters and, with help from Sgt. Keven
                  Besana, filled its cab and much of its bed with items that
                  ordinarily would be considered contraband:" the Bee
                  continues. "Bags and jars of marijuana and plant
                  clippings, grow lights, hydroponic tubs, two revolvers,
                  two rifles, a camouflage bulletproof vest, circulating fan
                  and other gadgets, most of them used in the cultivation
                  of pot."
                        Cops raiding Miller's house on March 18 initially
                  rebuffed his claim to be a legitimate medical marijuana
                  patient. But following an investigation (oh good, let's do
                  the investigation after we send in the armed gunmen), the
                  Sacramento paper reports: "The Placer County district
                  attorney concluded Miller may, indeed, meet
                  Proposition 215's guidelines," since he'd been using
                  marijuana to fight chronic pain, muscle spasms and
                  arthritis as an alternative to the addictive pain killers
                  prescribed to him for more than 10 years following a
                  series of disabling car and motorcycle accidents.
                        Based on the "severity of the defendant's medical
                  condition and his possession of a written
                  recommendation by a licensed physician," prosecutor
                  David H. Tellman decided on July 19 to drop all
                  charges.
                        Miller thereupon petitioned the court for return of his
                  property, won, and "collected his pot, guns ... and grow
                  gear and drove out of the sheriff's evidence enclosure to
                  the congratulations of medical marijuana advocates and
                  applause from neighbors who had gathered to watch the
                  process."
                        Ah, the rule of law: The important thing, as we may
                  all remember from civics class, is that everyone be able
                  to easily understand what's legal and what's not, and
                  what will happen if one is "caught" and arrested.
                        Meantime in Washington, the Foreign Narcotics
                  Kingpin Designation Act (HR3164) steamrolled through
                  the House after only four days "debate" on Nov. 2,
                  supported by both Jim Gibbons and Shelley Berkley of
                  Nevada, with anyone who questioned it being labeled by
                  the sponsor a "narco lobbyist."
                        This edict authorizes the federals to create a blacklist
                  of supposed foreign drug traffickers (no due process for
                  those "nominated," of course.) Then -- I love this part --
                  it imposes up to 10 years on prison, a $10 million fine,
                  and property seizures on anyone who does business
                  with persons on the list.
                        It gets better. (Who drafted this thing, the Mad
                  Hatter?) They get to keep the list secret! So your
                  mom-and-pop business could be filling an overseas
                  order for computer software or Christmas cookies,
                  putting yourself at risk of prison terms and the seizure of
                  your entire business ... and you can't even call up the
                  DEA and find out who's on this list! Because it's secret!
                        "If you're arrested and prosecuted for doing
                  business with a designated drug kingpin or a subsidiary,
                  you can't defend yourself by proving that he's not a
                  kingpin," explains Rep. Jerrold Nadler, D-N.Y., who
                  unsuccessfully opposed the bill. Why? Because "the
                  designation is not reviewable by the courts."
                        Isn't this a hoot? We haven't seen standards of
                  jurisprudence like this since the Dominican Order shifted
                  the witch-burnings into high gear in the 1490s.
                        To read the full text of Florida Congresscritter Bill
                  McCollum's HR3164, or the Senate companion bill,
                  S1009, check out the web site of Forfeiture Endangers
                  American Rights, at www.fear.org.

                       Vin Suprynowicz, assistant editorial page editor of
                  the Review-Journal, is author of the new book: "Send in
                  the Waco Killers: Essays on the Freedom Movement,
                  1993-1998." His column appears Sunday.

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