Free Drugs or Free Speech?

Free Drugs or Free Speech?
Posted by CN Staff on June 12, 2003 at 17:19:53 PT
By David Crisp, The Billings Outpost
Source: Billings Outpost
A canceled Billings rock concert could provoke an early challenge to new national anti-drug legislation. A May 30 fund-raising concert for the National Organization for the Reform of Marijuana Laws was canceled as bands were setting up for the show. The cancellation followed a warning from a federal drug agent that the Eagles Lodge could be fined up to $250,000 if illegal drugs were used at the event.
The day before, the concert promoter was jailed for a probation violation. The organizer, Adam Jones, said afterward that he would drop his activities in the NORML chapter at Montana State University-Billings and in Students for Sensible Drug Policy as a result of the incident. The $250,000 penalty was included in the Illicit Drug Anti-Proliferation Act of 2003, which President Bush signed into law on April 30. The legislation was attached to the popular Child Abduction Prevention Act, better known as the Amber Alert bill. The bill’s sponsor was Sen. Joe Biden, D-Del., who has said that it was aimed at those who knowingly profit from illegal drug use at events they sponsor, especially at raves, where participants often consume the drug Ecstasy. But critics say that the bill is so vaguely worded that it could force innocent bar owners and event sponsors out of business. Some critics also have worried that the law could be used to squelch political activity. Gay rights groups, for example, frequently use concerts and raves as fund-raising events. The NORML benefit here was intended to raise money to place a medical marijuana initiative on the ballot in 2004. The Eagles Lodge manager, who asked to be identified only as Kelly, said that the Billings agent who approached her the day of the concert didn’t make threats but did warn of possible consequences. “He was polite and was just explaining things,” she said. She said she referred the matter to lodge trustees, who consulted an attorney before deciding to cancel the concert. Phone calls to Trustee Roger Diehl were not returned Friday or over the weekend. News of the Billings concert cancellation spread rapidly on the Internet last week and even rated a link on Glenn Reynold’s popular InstaPundit web log site. Mr. Reynolds, a University of Tennessee law professor with libertarian leanings, has argued that Biden’s bill, once known as the RAVE Act, was defective legislation. “I blame Joe Biden – for sneaking through this abomination – and [Attorney General John] Ashcroft’s Justice Department, for applying it this way,” Mr. Reynolds wrote about the Billings case. “This legislation has always been part of a culture war, not an anti-drug effort, and this application just makes that crystal clear for anyone who hadn’t noticed.”  Agent defends action Jeff Sweetin, special agent in charge of the Rocky Mountain Division of the Drug Enforcement Agency, said that the concert’s fund-raising goal had “very little bearing” on the decision to warn the Eagles Lodge about the event. But he said that he knew he would take heat for the cancellation. “It certainly doesn’t look very good,” he acknowledged. But he said the DEA’s goal was only to make sure that the Fraternal Order of the Eagles Lodge was aware of the risks the concert posed. When told that the Eagles Lodge was a popular spot for alternative and punk rock concerts, Mr. Sweetin said the warning may not have been needed. But he said the DEA would have been negligent if it had ignored the concert and drug use had taken place. “I’m a parent,” he said. “I have kids. My kids have a right to be protected.” And he was unapologetic about the DEA’s opposition to medical marijuana laws. “A lot of their argument is based on emotion and lies,” he said, adding, “No reputable medical person will tell you that smoked marijuana is medically effective.” John Masterson of Montana NORML in Missoula called the DEA’s actions “heavy handed” and “coercive.” Mr. Masterson said that he and other organizers of Missoula’s annual Hemp Fest are looking carefully at how to handle this year’s festival in light of the new law. “That’s not the America I want to live in,” he said. Bill Piper of the Drug Policy Alliance in Washington, D.C., said that Sen. Biden’s bill made two key changes in the so-called Crack House Act, which was designed for prosecution of people who operate drug houses. Sen. Biden’s bill extended the crack house provisions to apply to “temporary” uses, which means it could affect concerts and other one-time events. And it added civil penalties, which require a lower standard of evidence and don’t guarantee jury trials. “Once it becomes easy for them to fine people, they don’t even have to bother to fine people,” Mr. Piper said. In an article that appeared in the New York Times on the day the Billings concert was canceled, Jacob Sullum of Reason magazine said that the Biden bill actually could make events such as raves more dangerous. Commonsense steps to make raves safer, such as providing plenty of water and “chill-out” rooms, could be seen as indications that the venue owner tolerated illegal drug use, he wrote. While the law applies only to those who “knowingly and intentionally” allow illegal drugs, Mr. Piper said that courts have construed that to apply to cases where owners were unaware of drug use and may even have taken steps to prevent it. “You can’t control every single thing,” he said. “They can’t even keep drugs out of prison.” Drug-reform advocates also warned that the bill could be used to stifle political activity, Mr. Piper said. According to Mr. Piper, Sen. Biden has said that the law was not intended to restrict legitimate business owners or free speech. But he said the senator’s intentions don’t matter: It is the wording of the law that causes problems. The deficiencies remained in the bill, rather than being cleaned up in committee, because it was attached to a bill that both houses strongly supported, he said. Mr. Piper said the Billings case was the first he had heard about since the new law took effect. Word about other cases may not be getting out, he said, because many groups are now afraid to host events. “This case,” he said, “seems quite startling.” Activists plan strategy According to the website of the Drug Reform Coordination Network, activists were organizing last week to consider how to deal with the case. NORML Foundation head Allen St. Pierre told DRCNet that the Billings case appeared to be the first application of the RAVE Act and he called it a “very scary precedent.” “Preemptively shutting down a First Amendment-protected event is something that just doesn’t happen in America,” he reportedly said. “This is absolutely what we feared and predicted would happen if the RAVE Act passed. Isn’t Montana known for being resistant to federal encroachment? This should make them mighty uneasy.” Scott Crichton of the Montana American Civil Liberties Union returned a phone call on Sunday from Washington, D.C., where he is attending a conference. He said he had received an e-mail about the case but wasn’t familiar enough with the details to comment. Billings bands apparently took the cancellation in stride. One of the scheduled bands, ENDever, sent this e-mail to those on its distribution list: “Please do not let the recent events at the F.O.E. discourage you from coming out to our shows, or any shows for that matter. We will STILL be playing at the F.O.E. it was just that the show in question was a bit too liberal for Billings.” Mr. Jones acknowledged that his drug conviction may not have made him the best representative of NORML in Billings. He said he has been on probation for a year and a half after he was caught with one-half gram of psilocybin mushrooms, enough for a felony charge. He said his probation officer showed up at his house on Thursday, searched the premises and arrested him for failing to report a change in supervisors at his job. He remained in jail until Sunday, he said, and initially failed a urinalysis test. But the test proved to have been inaccurate, he said. Mr. Jones said that he had been incarcerated one other time for violating probation: when he traveled to Helena without permission to testify in favor of a medical marijuana bill. “The implications of the RAVE Act are scary,” he said. “Obviously, our First Amendment rights have been thrown out the window.” He said he didn’t blame the Eagles Lodge. “In no way whatsoever do I hold anything against the Eagles Lodge,” he said. “$250,000 is a very scary number.” Kelly, the lodge manager, also defended the actions of trustees. “They do a lot of good things for a lot of people ... but they have to do what’s best for their lodge,” she said. Source: Billings Outpost, The (MT)Author: David Crisp, The Billings OutpostPublished: June 12, 2003Copyright: 2003 The Billings OutpostContact: editor billingsnews.comWebsite: Articles & Web Sites:SSDP: Policy Alliance: NORML: in Billings RAVE Act Has Landed Holding a Party Is a Crime 
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Comment #21 posted by FoM on June 17, 2003 at 21:00:58 PT
I watched the program. It wasn't very long but it was good. Thanks for the heads up!
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Comment #20 posted by FoM on June 17, 2003 at 16:58:24 PT
Thanks ekim
I missed it but I looked and it will be repeated at 11 ET. I'll check it out!
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Comment #19 posted by ekim on June 17, 2003 at 16:41:14 PT
Cnn Lue Dobbs tonight
has a interview with Eric and his book Reefer Madness. It might repete later on tonight. 
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Comment #18 posted by ekim on June 15, 2003 at 19:59:52 PT
glad you guys were able to see interview
just think how many people out there are sayen the same thing you did ---but they want to hear more on the cheap labor issue----and others are sayen hey i wish they would have said more about the porn----i just hope people will buy the book and he will reach even a larger amount of us.
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Comment #17 posted by FoM on June 15, 2003 at 19:44:36 PT
I don't know why we have progressive thinkers from Ohio. I don't think the state is special in any way but maybe we are a bit lucky! We saw the program on C-Span. I just wish they would have spent more time on marijuana. It was good though.
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Comment #16 posted by ekim on June 15, 2003 at 19:37:31 PT
long live the memory of the Rainbow Farm 
this was done to try to stop another Rainbow Farm from happning again. know what its to late -- everywhere i pass out info--from the Cnews-- people tell me about some place that they like to go to and listen to live tunes being made. and where the vibes are flowing the truth is on. == the peice in SF Cron from Jacob Sullen today was great. His doing his homework and man what a job --can't wait to get this White cover book:)  TO sho good people in all walks of live and listen to them up close and personel is just the ticket, -----Brian in the interview tonight was just supurb, man Eric is top notch reporter. what a good mind is on his sholders. hey Fom did you hear how many of the books staring actors where from Clevland is not Kocintch from there and this Lewis CEO to -----whats in the water.
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Comment #15 posted by FoM on June 15, 2003 at 17:53:26 PT
Here's another article and it's by Daniel Forbes in The Nation.New Law Assists Political Intimidation:
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Comment #14 posted by rchandar on June 15, 2003 at 00:12:53 PT:
dan b.'s comment
bravo, dan b.! it's true, the DEA officer's comment was uniformly illogical, inapplicable, and basically histrionic if you're dan barnes from san jose, write back. remember the long-haired indian that stole your "still life with woodpecker book" ten years ago?           --raj chandarlapaty, ABD (rchandar
            miami fl 
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Comment #13 posted by rchandar on June 15, 2003 at 00:08:53 PT:
thanks for the article
thanks for the article--please post more on this subject. tell us what we can do to help.i fear the worst part of this new law is this: people who want to use drugs will simply take them off the grounds of the event, and some of them will binge. then there will be overdosing, and some people being taken to ER and so on. the fact that "chill out" rooms and water given out freely is suspect amounts to something even worse.the whole point of going to a concert is that it's community; it's a place where people can get along, enjoy music or identify with what's being protested. this law adds a very sinister and ugly coloring to the world of protest and music, and that's sad.i know this from my experiences as an undergraduate. when police tried to crack down on drinking at fraternity row parties, a lot of kids binged and ended up in ER. in short: this kind of coercive action is not consistent with the very idea of community, and it MUST be opposed WHENEVER possible. those who cannot attend events or are afraid to should either donate or provide useful information, lobby, and in general attack the premises of this very unjust law.again, thanks for the article. please let us know how you intend to challenge the RAVE act.              --raj chandarlapaty, ABD
               miami fl usa
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Comment #12 posted by Jose Melendez on June 13, 2003 at 14:31:45 PT
“A lot of their argument is based on emotion and lies,” he said, adding, “No reputable medical person* will tell you that smoked marijuana is medically effective.” This is the best part we've all seen it, where the argument goes unchallenged by a majority of the acronyms that feed off of us citizens. So, for those of you employed at CNN, NBC, ABC, CBS, TNT, MTV, NPR, FDA, DEA and so on, (kudos to HBO) here's just one more truth to feel uncomfortable about not admitting. Click and read, shame on you.
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Comment #11 posted by Richard Paul Zuckerm on June 13, 2003 at 07:56:06 PT:
The Marijuana laws should be repealed:I.THE HYPOCRISYThe United States Central Intelligence Agency launders over $200 billion per year of TAX FREE drug money thru Wall Street,;,, while otherwise law abiding Americans are villified for responsible Marijuana use. The DEA will never stop the drug war because the CIA, Vice President Dick Cheney, Richard Armitage, are [allegedly] involved in this massive drug money laundering. People may not believe it because the public school curriculum is rigged,, major media is manipulated, and people are generally conditioned to be good sheep, to love their masters, the federal government.A report released today, June 13, 2003, in, reveals the speech declaring an emergency lack of global gas. As we all should know from the Web article entitled Shadow of the Swastika,, and from, Henry Ford's scientists discovered that Hemp is an excellent alternative source of fuel for our automobiles, burns 80% cleaner than fossil fuel, grows from the ground, and it would only take 5% of America's land!!! But Congress has not even begun to develop alternative source of fuel, and the big fossil fuel companies have taken over the Energy Commissions and have been successful in preventing us from developing alternative sources of fuel. Oh, yeah, remember President Bush's State Of The Union address around 4 months ago during which he announced Hydrogen Fuel as an alternative source of fuel? Guess what they plan to use exclusively to obtain the Hydrogen? Fossil fuel. WHEN, not if, the fossil fuel reserves are depleted, we will have no alternative source of fuel/energy.II.THE FAILURES OF THE COURTSThe courts of law should step in and strike down the marijuana laws. Unfortunately, the great majority of the courts have upheld the constitutionality of the Marijuana laws. There were a few freedom-loving opinions from a few State courts, though. In State v. Mallan, 950 P.2d 178, 208-209, 218-219 (Hawii 1998)(Dissenting opinion by Justice Levinson), Justice Levinson opined that the Marihuana laws are against the freedoms the American people were guaranteed and in violation of the Hawaii State Constitution Right to privacy. In State v. Holland, N.J.Super. (App. Div. 2001?), the Appellate Division of the Superior Court of New Jersey reversed the conviction because the police did not have the authority to force their way into the apartment without a search warrant after the smell of marijuana smoke emanated from same apartment. In Ravin v. State, P.2d (Alaska 197 ), the Supreme Court of Alaska declared the Marijuana laws unconstitutional as a violation of the Alaska State Constitutional guarantee Right to privacy. We need to litigate for the State courts to enforce the State Constitutions to give greater protection for the individual citizen than the federal constitution, including through the use of expert witnessness such as Dr. Lester Grinspoon, M.D., to inform the jury of the relative safety of Cannabis, for jury nullification purposes.III.LEGISLATIVE MALPRACTICEWe need to get on our elected officials, to let them know we do want decriminalization of Marijuana. Otherwise, they will act in the best interest of the corporations, assuming the votes are not manipulated, I must have communicated too much to New York State Assemblywoman Catherine Nolan because, today, Wednesday, June 11, 2003, at around 9:45, she told me she received my letters & e-mails, "I will not be harassed", and lied to me that her e-mail address, nolanc, is on the New York State Assembly Web site!! Prior to our telephone conversation, though, I e-mailed her the upcoming Cannabis Pain Management Lecture from the upcoming events section from, to show her that Cannabis does have medical uses. I do not plan on contacting Assemblywoman Nolan for a while now, based on her comment, lie, and rushing me off of the phone. There are too many people who are slothful, have the attitude that there is nothing an individual can do. I would rather try, even if it is only me.
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Comment #10 posted by Trekkie on June 13, 2003 at 07:33:11 PT
Here, in Billings...
the sheeple still don't know what's going on in THEIR HOME TOWN!!The media (with the exception of the Billngs Outpost) has completely ignored this, while momentum is building on a national level. Maybe if this happened at a Monster Truck rally or a Hunting show...The Eagles Lodge is a pretty small building. The first time I was ever in Billings was for a buddy's wedding at the F.O.E. (where I met my wife, and moved to Billings). Not only is it NOT commonplace for them to host "alternative and punk-rock" events, it's just not big enough for serious numbers of people to gather.Some good comments on here guys, especially good points DanB and Kaptinemo...
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Comment #9 posted by kaptinemo on June 13, 2003 at 05:01:51 PT:
The Law of Intended "Unintended" Consequences
The politicians like Biden know EXACTLY what they are doing.All too often, when a law like this gets passed, the promulagtors of it will pour purfume on the sewage and say that this law will not cause certain things, like restriction of free speech, to take place.But they know bloody well that it WILL...particularly the free speech of politically weak organizations lacking the financial wherewithal to fight back. Because the only way to stop it is to fight in the courts - against the Federal Moloch, who has all the money. Just as Souder knew the HEW bill was going to deprive thousands of their chance to better themselves through college and bridge the vast gulf that is between minimum wage and a comfortable future.They knew all along. This is what I call the Law of Intended "Unintended" Consequences. They make as if these things weren't as obvious and predictable as sunrise. When they know full well what they do. I keep saying it over and over: never give power to governments, because it will always be used against you. By people like Biden and Souder...who do a wonderful job of making it easy to point to living examples of what the Constitution called 'domestic enemies'.
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Comment #8 posted by Dan B on June 13, 2003 at 00:04:27 PT:
Agent Jeff Sweetin: Incompetent Parent
“I’m a parent,” he said. “I have kids. My kids have a right to be protected.” No, your kids do not have a right to be protected by the state from the potential use of plants at a rock concert/benefit. You have the right to shield your kids from whatever you see fit to shield them from, but you do not have the right to expect my tax dollars to pay for some government official to make sure that your kids are not exposed to those things. Are we to conclude from Agent Sweetin's comment that he fully intended to let his kids attend the concert? Or did he, in fact, have this concert cancelled because he is unable to control his own children, even to the extent that he does not trust them to stay at home rather than participate in an event where Agent Sweetin thinks people might smoke some cannabis? Are we to understand that the people who work for the DEA are that incompetent as parents? And, if we are to conclude that they are incompetent as parents, why should we trust them to parent the rest of us who can make decisions about what to put into our own bodies by ourselves, thank you very much?Does anyone still wonder why the bad guys in The Matrix movies are called "Agents"?
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Comment #7 posted by FoM on June 12, 2003 at 20:26:56 PT
Why Mention Marijuana? He Threw A Grenade!
Sick people are sick people and they often will use different substances. I really mind when they try to connect marijuana and a person that is mentally ill.Anger at Israeli Soldiers was Motive for US Consulate Attack   
 Thursday, June 12 2003 Adana, TURKEY, June 12, 2003 - A grenade attack on the United States consulate in Adana yesterday is believed to have been in retaliation to recent Israeli offensives toward Muslim groups. Two grenades were thrown into the consulate compound on Ataturk Avenue at 2:30 in the afternoon. One of the grenades exploded immediately. Munitions experts later defused the second grenade. No fatalities or casualties were reported. Authorities arrested Cumali Kizilkoca, 29, shortly after the attack. Though the street in front of the consulate has been long closed for security reasons, Kizilkoca gained access to the area in front of the consulate by telling police that he wanted to submit applications inside the building. During questioning, Kizilkoca is said to have admitted that he committed the attack in retaliation to the Israeli military's recent assassination attempt on Hamas Leader Abdulaziz el Rantisi. In a statement, Adana governor Kemal Onal said that Kizilkoca was a psychotic person who had smoked marijuana just before the attack. Kizilkoca is quoted as saying, "First I smoked marijuana, then I threw the grenades. Nobody is responsible for the attack. I planned it and carried it out on my own." U.S. Adana consulate employee Gretha Holtz, who had not been in the building at the time of the attack, later called Governor Kemal Onal to thank him for the arrest. In an official statement, Adana Chief of Police Huseyin Capkin said that one of the two grenades had exploded with no loss of life. He said that the other grenade had been defused by experts. Bomb fragments had been collected by munitions experts for further examination. The building's windows were shattered during the explosion. Cengiz Ozen, Cebrail Cilesiz / Adana / TURKEY
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Comment #6 posted by FoM on June 12, 2003 at 18:42:43 PT
Now you're making me blush! Thank You!
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Comment #5 posted by mayan on June 12, 2003 at 18:32:23 PT
Only The Beginning...
"But he said the senator’s intentions don’t matter: It is the wording of the law that causes problems. The deficiencies remained in the bill, rather than being cleaned up in committee, because it was attached to a bill that both houses strongly supported, he said."The Rave Act would have never flown had it not been sneaked onto the Amber Alert bill. They knew exactly what it would be used for when they passed it. The RepubliCrat's grip on power is threatened by the cannabis plant. This is only the beginning. Is the Seattle HempFest cancelled yet? The way out is the way in...The 9/11 Navbar: Complete 9/11 Timeline: Guilt in High Places's Best 9/11 Sites — 4th Edition: prior Knowledge/Government Involvement Archive: CitizensWatch:
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Comment #4 posted by Prime on June 12, 2003 at 18:31:53 PT
Cool... got one posted...
Wow... like getting a star on a math test.I'm blushing.
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Comment #3 posted by FoM on June 12, 2003 at 18:28:05 PT
Thanks Prime
I went ahead and got it posted. I don't often post LTE's because that's what Mapinc.'s speciality is but this is one of those exceptions. Where do these people come up with this stuff?
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Comment #2 posted by afterburner on June 12, 2003 at 18:25:42 PT:
Liar, Liar, Pants on Fire!
Jeff Sweetin, special agent in charge of the Rocky Mountain Division of the Drug Enforcement Agency, said that the concert’s fund-raising goal had “very little bearing” on the decision to warn the Eagles Lodge about the event. Your other comments about "My kids have a right to be protected," and "No reputable medical person will tell you that smoked marijuana is medically effective" betray your bias against reforming the cannabis laws for adults who are looking for a safer alternative to tobacco and alcohol. The goal of NORML is NOT to make cannabis availabe to children, and NORML was championing the reform of marijuana laws before the medical marijuana movement even got started.Equally disturbing is the following:Sen. Biden’s bill extended the crack house provisions to apply to “temporary” uses, which means it could affect concerts and other one-time events. And it added civil penalties, which require a lower standard of evidence and don’t guarantee jury trials. 
Untrue, this is a direct violation of the US Constitution, Amendment 7 of the Bill of Rights: Amendment VIIIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. -U.S. Constitution - Bill of Rights
I would say that $250,000 is definitely over $20, so the right of jury trial is preserved under Amendment 7, IMHO.ego transcendence follows ego destruction through the courts when Unconstitutional laws are passed to vilify "adults who use marijuana responsibly." 
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Comment #1 posted by Prime on June 12, 2003 at 18:09:20 PT
OT: Rosenthal is a drug kingpin
From my home town newspaper today. reference to the recent sentencing of drug kingpin Ed Rosenthal, it is obvious that he is immune to the Supreme Court ruling that marijuana has not been accepted for medical use in the United States, and that it is not a legal defense. Justice did not prevail; it completely failed leaving all of us who support sound drug policy outraged. For the sake of our children's future, we need answers now! How could Ed Rosenthal, who should have received a mandatory minimum of 5 years, get a downward departure of sentencing guidelines to one day, which he never served? How could a downward departure be considered because Judge Charles Breyer felt Rosenthal genuinely believed what he was doing was not against the law? Perhaps Judge Breyer needs to read Mr. Rosenthal's book, Marijuana: The Law and You, a Guide to Minimizing Legal Consequences. It must only be a mere coincidence that this book is designed, "to keep you out or get you out of trouble." The back cover of his book claims that it has "saved people thousands of years of jail time."Judge Charles Breyer has done us a grave injustice by his contempt for federal guidelines and abuse of power, an injustice that will sacrifice the health and well being of our children, and for that I will not stand. Instead of just say "no" Mr. Breyer reinforces just say "go." It seems as though he does not take the law seriously, like a game, don't go directly to jail, do pass go and do collect 200 children to demoralize. This travesty should be investigated immediately. Criminals do not need another loophole, nor do our children need to be exposed to another drug dealer flaunting federal law.Calvina L. FayExecutive directorDrug Free America Foundation************************************The Drug Free America Foundation is the rebirth of Straight Inc. The Drug Free America Foundation, has a dubious history as an agenda-driven organization of intransigent prohibition policy. From 1976 to 1993, Straight Inc., (now the Drug Free America Foundation) operated the largest chain of juvenile “drug rehabilitation” programs in the world, with treatment facilities in numerous major US metropolitan areas. In 1996, Straight Inc. changed its name to the Drug Free America Foundation, apparently in order to distance themselves from the mounting bad publicity and lawsuits over alleged impropriety, sexual abuse, and use of cult-like mind control tactics inflicted on countless adolescents in their care. (See ). The current political clout of Straight Inc.’s founders, the Semblers, as well as $400,000 in federal funds allocated in year 2000 to the Drug Free America Foundation (see “Drug War Casualties” May 23, 2002)
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