cannabisnews.com: Pot Clubs Call Raid Warrants Illegal 










  Pot Clubs Call Raid Warrants Illegal 

Posted by CN Staff on December 19, 2005 at 06:38:48 PT
By Jeff McDonald 
Source: SignOnSanDiego.com  

San Diego, CA -- The warrants federal drug agents relied on to search 13 medical marijuana dispensaries last week were signed by a San Diego County Superior Court judge, not a judge from U.S. District Court. That's no small distinction for some dispensary operators and medical marijuana activists. They note that marijuana is legal under California law if it's recommended by a doctor, and state judges are bound by state law.
The circumstances surrounding one of the largest raids of its kind in California have left patients, caregivers, advocates and defense attorneys scratching their heads. Although no charges have been filed, dispensary operators fear arrests are imminent. They worry about where patients can get marijuana now, and what the government will do with patient records it seized. They want to know who ordered the searches, and they're suspicious of the timing. The sweep followed by just weeks a decision by the Board of Supervisors to flout state law and refuse to issue identification to qualified medical marijuana patients in San Diego County. "The fact that state law was used raises interesting questions," said Dale Gieringer of California NORML, a group working to reform marijuana laws. "Were the raids instigated by the feds, or rather by county law enforcement? Was there a connection to the county's recent decision to sue against the state ID card system?" As many as 29 dispensaries have set up shop in San Diego County over the past years, according to the U.S. Drug Enforcement Administration. Many had client lists of several thousand patients. The government seized those records last week, but officials say they do not plan to pursue criminal charges against patients. "We believe the charges we bring to the District Attorney's Office will involve drug trafficking," said Misha Piastro, a DEA spokesman. Jon Sullivan, who owns two dispensaries that were searched last week, noticed immediately that Superior Court Judge John Thompson signed the warrant federal agents handed him last Monday. Sullivan considers it a conflict of interest. "I asked them about it, and they wouldn't comment," Sullivan said later. "It's important because it's a county judge violating state law. . . . I think it will help with the appeal – if there is one." Thompson declined to discuss the jurisdictional conundrum. Some criminal defense attorneys suspect that the DEA turned to local prosecutors because the U.S. Attorney in San Diego has not indicted anyone for using medical marijuana since 2002, when activist Steve McWilliams was arrested on unlawful cultivation charges. That case ended badly. Facing years in prison, McWilliams pleaded guilty and was free on bail awaiting an appellate ruling when he committed suicide in July. He overdosed on the prescription drugs that were supposed to substitute for the pain-relieving marijuana he was prohibited from using. Timothy Coughlin, chief of the narcotics division of the U.S. Attorney's Office, said his office pursues every case that warrants prosecution. "If they didn't result in federal prosecutions, it's because we didn't deem them meritorious," he said. Coughlin declined to say how many investigations did not result in indictments. He said his office participated in discussions with other law enforcement agencies over what to do about the rising number of dispensaries opening in San Diego. "We were very concerned, and we are interested," Coughlin said. But attorney David Zugman is not so sure. Zugman represented McWilliams in his appeal, a case that was quietly dismissed after McWilliams' death. Federal prosecutors generally like to talk up their successes, he said. "If the U.S. Attorney is involved, they're usually more than happy to say 'We did this,' " Zugman said. "They don't think the state law matters. They've been upfront about that from the very beginning." The DEA, which led the countywide task force conducting the simultaneous raids in San Diego and San Marcos, downplayed the significance of which judge signed the warrants. Piastro said the sweep was part of an ongoing investigation that began six months ago, days after the U.S. Supreme Court upheld the federal government's authority to prosecute medical marijuana cases. If evidence suggests crimes occurred, cases could be presented to federal or county prosecutors, he said. "The warrants were executed as an investigative tool," Piastro said. "We are still investigating whether any charges will be brought, and where." Damon Mosler, who runs the San Diego County district attorney's narcotics unit, expects the evidence collected during the raids will land on his desk – not in the U.S. Attorney's Office. Mosler said he will consider the state's medical marijuana laws in determining whether to charge the dispensary owners, who maintain that they are handing out medicine – not selling drugs. "Sometimes I'll agree with them, and sometimes I will not," said Mosler, who has rejected medical marijuana cases brought to his office by San Diego County law enforcement agencies in the past. "Some of them were just selling to anybody." Mosler said investigators found that the overwhelming majority of people buying marijuana at the dispensaries did not appear sick or unhealthy. He said communities that want legitimate avenues for dispensing the drug need clearer regulation. "There are political answers to this," he said. Medical marijuana activists worry the San Diego action was the beginning of what could be a statewide clampdown. The fear appears to be unfounded. Federal prosecutions in California are divided into four districts run by an appointed U.S. Attorney, who is responsible for deciding which crimes to make a priority given their limited resources. "Whether to federally prosecute a medical marijuana dispensary is a decision vested with each United States Attorney's Office, working in conjunction with the DEA," said Larry Brown, the top assistant in the Eastern District of California. Before the U.S. Supreme Court decision in June, federal prosecutors had to brief Justice Department officials in Washington, D.C., if they planned to raid dispensaries, Brown said. That policy has since been relaxed. "We will continue to focus on large-scale marijuana cultivation and distribution," Brown said. "Our view is that state law does not give a blanket exemption for cannabis clubs." Patients such as John Tear of El Cajon remain conflicted. Dispensaries that abuse state law deserved to be shut down, said Tear, a 34-year-old veteran who said he uses marijuana to relieve symptoms of Gulf War Syndrome. But legitimate patients need a place to get their medicine safely, he said. "I just want to be able to do legally what Californians have voted for," Tear said. "I don't want to have to worry about guns being put in my face or getting ripped off." Note: State judge OK'd a federal sweep.Source: SignOnSanDiego.com (CA)Author: Jeff McDonaldPublished: December 19, 2005Copyright: 2005 SignOnSanDiego.comContact: jeff.mcdonald uniontrib.com Website: http://www.signonsandiego.com/Related Articles & Web Site:California NORMLhttp://www.canorml.org/ DEA's Pot Raid Draws Protestshttp://cannabisnews.com/news/thread21388.shtmlWarrant Served After Drug Bought http://cannabisnews.com/news/thread21378.shtmlU.S. Drug Agents Raid 13 Medical Marijuana Siteshttp://cannabisnews.com/news/thread21376.shtml

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Comment #32 posted by FoM on December 20, 2005 at 11:42:57 PT

DPFCA: Breaking News: Patients Protest DEA Raid 
DPFCA: Breaking News: Patients Protest DEA Raid Underway at Compassionate Cannabis Clinic in SF   
If you live in the Bay Area, please join us at 1:00pm today at 223 Ninth Street in San Francisco. The DEA raids must stop!Breaking News Advisory: 12/20/2005, 11:15 pm Contact: Hilary McQuie The directors of Hopenet, a San Francisco medical cannabis cooperative, are currently under detention in an ongoing pre-dawn federal raid on their home and the cooperative. Steve and Cathy Smith run the highly regarded 1000-member collective, which provides free medicine to over 40 seriously ill low-income patients on an ongoing basis. DEA officers have reportedly confiscated 126 starter plants, dried medicine, and computers.Patients and supporters are gathering outside Hopenet at 223 Ninth st (& Howard) at this writing, and a press conference is planned for 1 pm, including speakers from the San Francisco Board of Supervisors, Hopenet Cooperative, Americans for Safe Access, and the San Francisco Patients' Union.# # # #Americans for Safe Access
www.SafeAccessNow.org
1322 Webster Street, Suite 208
Oakland, CA 94612
Phone: 510-251-1856
Fax: 510-251-2036-- Rebecca Saltzman
Field Coordinator
Americans for Safe Access
p (510) 251-1856
f (510) 251-2036
www.safeaccessnow.org
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Comment #31 posted by FoM on December 20, 2005 at 11:00:55 PT

DPFCA: SF HopeNet DEA Raid in Progress 
San Francisco, Dec 20th, 2005.  Word has it that the DEA are currently busting Steve & Catherine Smith, directors of the HopeNet dispensary at 223 9th Street, Sam Francisco.  HopeNet is one of the most respected patients' groups in San Francisco and has worked closely with patient activists to assure safe and affordable access to medical cannabis. This outrage is the sign of a federal government run truly amok.  More news as it develops....  D Gieringer, Cal NORMLDale Gieringer (415) 563-5858 // canorml igc.org
2215-R Market St. #278, San Francisco CA 94114
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Comment #28 posted by FoM on December 20, 2005 at 09:42:06 PT

Patrick and Everyone
Since news is slow I went and read TSO's Guestbook. TSO has really impacted my mood this holiday season and just reading the comments in their guest book shows me that good still does make a difference. Here's the link. Enjoy! This is our culture at it's finest in my opinion.http://www.trans-siberian.com/cgi-bin/guestbook/guestbook.cgi
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Comment #27 posted by FoM on December 20, 2005 at 09:12:08 PT

Off Topic: Karen Tandy
Excerpt: Karen Tandy of the Drug Enforcement Administration warned of the increased availability of drugs.''The drug dealers that used to be in the back alley are now in the bedrooms of our children because they come to them through the Internet,'' she said.In the study, 9.5 percent of 12th-graders reported using painkiller Vicodin, and 5.5 percent reported using OxyContin in the past year.Also of concern is the increase in the use of sedatives and barbiturates among 12th-graders since 2001.http://www.miami.com/mld/miamiherald/living/health/13446148.htm

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Comment #26 posted by FoM on December 20, 2005 at 08:53:58 PT

Off Topic
Oil Drilling Fuels Defense Bill Fight***Arctic energy project tied to military fundingBy Jill Zuckman, Washington BureauDecember 20, 2005WASHINGTON -- Drilling in the Arctic National Wildlife Refuge ran into furious Senate opposition Monday as lawmakers vowed to block a defense spending bill containing the federal authorization for oil and gas exploration in the Alaskan frontier.The House approved the $453 billion measure early Monday, 308-106. The legislation would provide emergency funding for troops in Iraq and Afghanistan, as well as a 3.1 percent military pay raise beginning Jan. 1.But opponents of the Arctic drilling said they did not believe their actions would prevent federal dollars from flowing to the Defense Department, and pledged to keep lawmakers in town as long as it takes to prevail."This is a Christmas package designed for delivery to the oil industry," complained Sen. Frank Lautenberg (D-N.J.).Complete Article: http://www.chicagotribune.com/news/nationworld/chi-0512200308dec20,1,3695230.story
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Comment #25 posted by FoM on December 20, 2005 at 08:45:03 PT

Just a Comment
I am on John Kerry's e-mail list and the Republicans are slipping in drilling in Alaska into the Defense budget. 
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Comment #24 posted by FoM on December 20, 2005 at 08:42:49 PT

Potpal
That's a good thing. 
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Comment #23 posted by potpal on December 20, 2005 at 08:38:19 PT

namaste
Yoga for chronic back painhttp://news.bbc.co.uk/1/hi/health/4541682.stm I like to start each day with a salute to the sun. 
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Comment #22 posted by FoM on December 20, 2005 at 08:02:17 PT

Off Topic
The City that Never Sleeps Takes a Hike***December 20, 2005A transit strike forces New Yorkers to come up with novel ways to get to work amid fears of being scrooged for the holidays.New York's subways and buses came to a standstill this morning after talks between the Transport Workers Union and the Metropolitan Transit Authority (MTA) finally collapsed after the midnight deadline. The strike, which comes in the teeth of New York holiday shopping and tourism season and could cost the city up to $400 million a day, sent many of the system's 7 million daily riders into the early morning darkness, with the temperature hovering just above 20 degrees, to improvise a new way to get to work. Complete Article: http://www.time.com/time/nation/article/0,8599,1142564,00.html
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Comment #21 posted by siege on December 20, 2005 at 07:59:58 PT

Bad seen
What I have seen here from just out of high school to 30 something the young people are joining the [white supremist]. Some one has told them the army will not take them, this in it self is not good, that Bush has done this to this counrty. 
they say it is spreading like wild fire, across the country.

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Comment #20 posted by OverwhelmSam on December 20, 2005 at 05:23:35 PT

I Knew It!
I knew the DEA has been conspiring with local law enforcement and politicians behind the public's back. Like it's okay for the DEA to conspire to break the law and circumvent the justice system, but it's not okay if we smoke a joint. Really! How perverted does that situation make the all-mighty law? 
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Comment #19 posted by Jim Lunsford on December 20, 2005 at 03:32:22 PT

PaulPeterson
even though I am covered by your hunch of needing to prove spiritual sincerity before the cause, I don't believe it will be necessary. Religious conversion is one factor. Also, these laws are crumbling down all around us. I love that Morales is President of bolivis. Bush is vowing to continue the endorse the war against our civil liberties, that oil and pharmaceutical companies are in such dis-favor, and that congress is finally seen by the majority as the biggest bastion of corruption in america.All of these things are changing as we sleep. Plus, More's law of technology doubling every 18 months is still going strong. Imagine our technological knowledge doubling from what it is now! Censorship and this type of government is done. The wheels are in motion. It is done as soon as the government gives up trying to stop this massive societal change.That doesn't mean it can't go the other way. these kind of changes are catastrophic sometimes. I mean we could have a nuclear war or something. But I think we won't. There is simply too many people with too much information. Let us allow this change to proceed.Peace,Rev Jim LunsfordFirst Cannabist ChurchReligions: Buy all your today's that you have for a tomorrow that no one controls.
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Comment #18 posted by FoM on December 19, 2005 at 21:32:45 PT

Patrick
Merry Christmas to you too. I'm glad you liked my little Holiday Page. The little angel is so adorable. 
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Comment #17 posted by Patrick on December 19, 2005 at 21:17:40 PT

Merry Christmas FoM
And a Happy New Year too!I love your Christmas card page. Very nice.
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Comment #16 posted by FoM on December 19, 2005 at 20:15:37 PT

Just a Note
I think it's going to be hard to find much news this week because of the holidays. It seems that the more complex our world is becoming the more people find enjoyment in the holidays. Maybe it's because we realize what is really important. I don't know that's just how I see it all. I hope that the New Year will bring change in the laws on Cannabis. One of these days it will. Today would have been my son's 39 birthday. I always wonder what he would think if he saw how the world was now since so much has changed since 96. Enjoy this time of year because soon we will be back on the front lines and onward and upward we will go. Merry Christmas.
Happy Holidays 
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Comment #15 posted by ekim on December 19, 2005 at 19:28:25 PT

Pete at drugwarrant.com
http://blogs.salon.com/0002762/
drugwarrant.com Hmmm...He said it is used only to intercept the international communications of people inside the United States who have been determined to have "a clear link" to al-Qaida or related terrorist organizations. "I intend to do so for as long as our nation faces a continuing threat from al-Qaida and related groups," he said.
Links to terrorist organizations. And what does the federal government consider terrorism? During the 2002 Superbowl, the White House Office of National Drug Control Policy (ONDCP) aired two thirty-second ads targeted at young Americans who do drugs. One of the ads asked, "Where do terrorists get their money? If you buy drugs, some of it might come from you."Links to terrorism. Every person in America who has smoked pot? When Orin Hatch introduced the Victory Act (to add to the Patriot Act) in 2003, it was sub-titled: To combat narco-terrorism, to dismantle narco-terrorist criminal enterprises, to disrupt narco-terrorist financing and money laundering schemes, to enact national drug sentencing reform, to prevent drug trafficking to children, to deter drug-related violence, to provide law enforcement with the tools needed to win the war against narco-terrorists and major drug traffickers, and for other purposes.
Narco-terrorism. A big new word since 911.
http://blogs.salon.com/0002762/
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Comment #14 posted by mayan on December 19, 2005 at 18:17:38 PT

RESIGN
The San Diego County Superior Court judge who signed the warrants should resign immediately.THE WAY OUT...A Lesson In 9/11 Research:
http://www.911truth.org/article.php?story=20051217164629926Loose Change 9/11 DVD:
http://www.tvnewslies.org/html/loose_change_dvd.html9/11 Prior Knowledge/Government Complicity Archive:
http://www.prisonplanet.com/911.htmlUnplug the War Machine By Facing the Truth of 9/11:
http://www.911sharethetruth.com/
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Comment #13 posted by paulpeterson on December 19, 2005 at 18:05:29 PT:

Religious Freedom Case Decision coming soon
What a strange trip this has been. I recently contacted my local friends at the DEA. To offer to testify for the DEA in the Massachussetts case. You see, my 2001 liason at the DEA is still there. He remembers that we almost worked out a deal to provide cooperation with my Illinois State fostered plan to make a dietary "pellet", a green one. It was the state people that backed out, not the DEA folks. That means, since the DEA is being sued, finally it is a good vibe thing, for the DEA to have people to cooperate with folks like me, out here in the motherland and all. That means I could finally talk about what a fine liason he had been (maybe they won't fire him and all just for talking with people like me, now that they are being sued for non-cooperation and all). No, no phone calls from the DEA for me to testify. But it was a good reason to give my letter to the local DOJ Northern Illinois attorney and all. The guy that is prosecuting our former Governor Ryan-the same guy that pulled the plug on our state fostered program under a current state medical marijuana law that I also brought to his attention. The law that he announced Illinois already had (after I had told him about it) when people asked him why we don't do it here how (ie: because we already have one, since I had told him about it). The guy that talked with Abbott labs-the company that formed "Unimed", which developed Marinol (and no other drugs-Abbott wanted a seperate company name merely to produce "one med".) The company that told him (the Gov) to tell Pauly (me) to "get outa town". That is when the DHS told me to "get outa town". Then they told the lawyer cops to talk me down so they wouldn't haveta approve a form for authorization under Illinois Law.Bummer-I thought Patrick Fitzgerald, a go getter, might like to know that one of Ryan's victims was still hung up to dry (aren't evil spells supposed to dissolve once the wicked leader loses power or something?) Especially since it was the state people that took my life away (as a lawyer and all). Especially since now I can talk about how I was cooperating with the DEA in the first place-hey-federal man-I'm on your side, really I am-and remember the bad guy (under indictment and on trial by you-federal man) is also seen by you as the bad guy?They merely sent me a letter stating no federal law was broken. They wouldn't bite either. But at least I got to visit the DEA. One guy I remembered witnessing to in 2001 about medical marijuana-I said-hey I spoke to you before-he said (with inflection and all) "yes, you certainly did".Now, meanwhile, back at the ranch, the RFRA decision is eminent. I feel it in my bones, down on the ranch. In Iowa. Where I raise livestock and have produced a buzz beef and buzz bacon. Won't those Iowa cops be pissed when they hear about my buzz products. Which I may just need to market as "sacraments" under the RFRA. Which will be a last ditch protection for sacramental freedoms. But only for people that have confirmed the sincerity of their belief systems (PRIOR TO the Supreme Court decision). So get cooking and write something time sensitive proving you had the belief system prior to its issuance. Soon. Just a prediction.I filed my own RFRA case in 2002. Asked for a Preliminary Injunction 9/5/02, the same day and time some people got busted on the west coast. An Indiana case confirmed the RFRA is good in the 7th Circuit (great lakes states). So I asked for a dismissal and got it-it is MOOT IN THE 7TH CIRCUIT. I won. After a full brief in support of the RFRA.It's good also in the plaines states (8th Circuit). Bracing for impact. Estimated less than a week based upon initial tremor activity emminating from the 10 Circuit star system (Denver Circuit-the supported the RFRA and told the feds to give them the tea back). Bracing for impact. Shields up. Over and out. Somewhere in the homeland. Paul Peterson
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Comment #12 posted by potpal on December 19, 2005 at 17:36:16 PT

ho ho ho t (got this in email)
Denverites Offered 10% Holiday Discount on Fake Pot Plants“Since City Officials Won’t Let You Have the Real Thing You Voted for, Enjoy a Realistic (fake) Pot Plant for Home or Office,” Marijuana Reform Activist SaysDenverites voted to legalize pot. But city officials still say it’s illegal to possess it.How can voters send a message this holiday season?How about decorating the house or office with a fake marijuana plant that looks so real even serious pot heads will be fooled? Or send a sick friend a medical marijuana plant -- faux of course.That’s the suggestion of Joseph White, Executive Director of Change the Climate, which sponsored the controversial pro-pot billboards during the recent election campaign, showing that marijuana is safer than alcohol. The voter-approved ballot initiative allows for the legalization and taxation of small amounts of marijuana for private adult use. “For all those pot lovers in Denver, now you can enjoy the beauty of a pot plant without fear of arrest,” says White. ”There’s so much support for marijuana legalization there in Denver, who knows what you all might do with fake marijuana plants? Use one of our large ones for your Christmas tree? Give one to the mayor? Put one in the window to attract customers to your store?”“If you can’t get the real stuff, it looks like fake marijuana will have to do,” says White. “It’s outrageous that Denver’s leaders aren’t fighting for the people’s decision to legalize possession of less than an ounce of marijuana.”And does White have an offer for you! Ten percent 10% off for all Denver residents who want to buy fake plants for the office, home or anywhere.White even suggests that pot lovers in Denver might want to buy one of his larger plants and use it for a Christmas tree. See all the varieties available at www.newimageplants.com. To receive the discount, enter the coupon code Denverite during checkout. Shipping addresses in Denver will qualify for the 10% discount.Change the Climate is producing a series of the provocative reform animations. Its first in the series, titled “Operation Overkill” is available at www.changetheclimate.org, where you can find more information about the organization’s goals and history.
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Comment #11 posted by siege on December 19, 2005 at 17:27:59 PT

Federal Statutes and "The Grandfather Clause
*****http://www.fda.gov/opacom/laws/fdcact/fdcact1.htm Federal Food, Drug, and Cosmetic Act (p) 3 The term "new drug" means—(1) Any drug (except a new animal drug or an animal feed bearing or containing a new animal drug) the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling thereof, except that such a drug not so recognized shall not be deemed to be a "new drug" if at any time prior to the enactment of this Act it was subject to the Food and Drugs Act of June 30, 1906, as amended, and if at such time its labeling contained the same representations concerning the conditions of its use; or(2) Any drug (except a new animal drug or an animal feed bearing or containing a new animal drug) the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions. (w) The term "animal feed", as used in paragraph (w) 6 of this section, in section 512, and in provisions of this Act referring to such paragraph or section, means an article which is intended for use for food for animals other than man and which is intended for use as a substantial source of nutrients in the diet of the animal, and is not limited to a mixture intended to be the sole ration of the animal.
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Comment #10 posted by FoM on December 19, 2005 at 14:40:05 PT

Off Topic: Press Release from DPA
Coca Farmer Brings Hope for Bolivian Reform***Monday, December 19, 2005Bolivia's drug policy may undergo a dramatic transformation now that coca farmer Evo Morales has won the country's presidential election. Morales, an indigeous Bolivian who rose to prominence through a regional coca leaf farmers' group, has publicly vowed to legalize coca production.In a position that opposes the current U.S.-backed coca eradication policy, Morales calls for zero tolerance for drug trafficking but sees a place for coca farming to facilitate traditional use of the leaves. For thousands of years, indigenous Bolivians have chewed coca leaves, which contain small amounts of cocaine, to ward off the altitude sickness that can accompany living at high mountain elevations. In fact, the plant is sacred to the Aymara and Quechua people who are indigenous to the Andes.Though it has not commented on Morales directly, the United States indicated last week that the quality of its relationship with the Bolivian government will depend on the policies the new president pursues. A State Department spokesperson said in a December 15 briefing, "We expect whatever government comes next in Bolivia to honor those commitments that they have made to fight the production and transport of illegal drugs."Ethan Nadelmann, executive director of the Alliance, counters, "Given the United States' poor track record with international drug policy, the U.S. government has no right to bully other countries to follow our failed model."In addition to advocating legalization of coca production, Morales also wants the United Nations to remove the coca leaf from its list of controlled substances. He explains on his website, "Like other plants coca is a medicine, a holy plant."Nadelmann notes, "The ban on international trade of coca-based products has no basis in science or public health." http://www.drugpolicy.org/news/121905bolivia.cfm

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Comment #9 posted by FoM on December 19, 2005 at 12:40:11 PT

News Article: The Huffington Post By Deepak Chopra
Getting Back on the Gold Standard December 19, 2005In recent remarks Chris Patten, the former British governor of Hong Kong, expressed shock that the U.S., once the gold standard for human rights, is sliding in its long-avowed opposition to torture. But this slide has occurred on several other fronts: The list below gives a rough notion of how far into brutal punishment we have descended, even if the current McCain amendment banning military toture is passed:America leads the world in executing criminals and is among the few Western countries that still retain the death penalty.We have among the harshest sentencing guidelines for non-violent felonies, including the three-strike law in several states, mandatory drug sentencing, and a federal policy (as ordered by former Attorney General John Ashcroft) that forces prosecutors to seek maximum penalties without leeway for plea bargaining. More than half the prison population is being held for drug-related offenses, often for draconian periods of time--see the Rockefeller laws in New York where a few marijuana plants can land someone in jail for a decade or more . This, despite the well-documented research on the medical harmlessness of marijuana if used recreationally, the way millions of people use alcohol. We imprison a far higher proportion of our population than any other Western country and perhaps more than any country in the world. On a state-by-state basis, Texas is in a class by itself, with 120 new prisons, for a growth of 706 percent over the 21 years. US prison boom creates an Orwellian world Recently a responder was outraged when I mentioned that the U.S. has a higher proportion of its citizens behind bars than Stalin put into the Gulag. I wasn't comparing the two systems, though our maximum security facilities, such as Pelican Bay in California, are incredibly inhumane by any standard except a concentration camp. Conditions at these facilities, where inmates are confined in isolation with the lights on around the clock, deprived of human contact, and allowed to leave their cells for one or two hours a day, regularly create psychotic symptoms.Finally, there is the shameful detainment of suspected terrorists in isolation for months or years at a time without habeas corpus and the benefit of proper counsel. The vast majority of these imprisonments occur without charges being brought. The government's arbitrary and high-handed treatment of captured military prisoners in Guantanamo also runs strongly against our stand on civil rights and humane values.Without even touching on the horrors at Abu Ghraib and the alleged secret prisons operated in Eastern Europe, this generation of Americans has a long way to go before we return to the gold standard in the eyes of the world.Click: http://www.intentblog.comCopyright: 2005 HuffingtonPost.com, LLC http://www.huffingtonpost.com/deepak-chopra/getting-back-on-the-gold-_b_12558.html
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Comment #8 posted by FoM on December 19, 2005 at 10:25:19 PT

observer
I also want to thank you for helping me when I need help with CNews. It is very much appreciated. Happy Holidays.
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Comment #7 posted by runruff on December 19, 2005 at 09:50:10 PT:

Fascist Feds!
This is what I often talk about. See, this is really becoming the norm how they just make it up as they go along. Ignore the rule of law in favor of the color of law. They did same with me and many others I know of.
Their attitude is always, yea what are you going to do about it! So long as Americans are not interested in their God given rights they will continue this path of pillage and distruction.
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Comment #6 posted by observer on December 19, 2005 at 09:49:12 PT

Gott Mit Uns
Pot Clubs Call Raid Warrants IllegalIllegal, shmeigal. Government/police will make up laws out of thin air, if nothing else will work. Since police "know" that pot is evil bad wicked and is sin, then police "know" that Gott Mit Uns (God is with us, the righteous steroid-talking-police), and all's well. Cannabis users can be busted with that law if not this one. No problem. 

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Comment #5 posted by FoM on December 19, 2005 at 09:22:44 PT

Cigarette Smoking Down, Prescription Drug Use Up 
Cigarette Smoking Down, Prescription Drug Use Up Among Teens Monday, December 19, 2005
 
 WASHINGTON — Cigarette smoking is at its lowest level in a survey of teenagers and use of illicit drugs has been declining, but continuing high rates of abuse for prescription painkillers remain a worry, the government reported Monday. 
 Complete Article: http://www.foxnews.com/story/0,2933,179139,00.html
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Comment #4 posted by FoM on December 19, 2005 at 08:54:35 PT

Ron
I just want to wish you a Happy Holiday Season. I also want to thank you for everything you have done for me since we first talked back in 97. You are one of my special heroes.
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Comment #3 posted by Ron Bennett on December 19, 2005 at 08:50:18 PT

Decentralized destribution of medpot is key...
As I posted awhile back ... cannabis clinics should strive to decentralize distribution of medpot to patients.As the article FoM so nicely points out, most kids can easily obtain cannabis - often even easier than patients in need ... why? ... because distribution is decentralized - the government can never stop it ... the more they try, the larger the network becomes - capitalism at work ... where there's a large demand (ironically, legalization would likely reduce demand), there will be a supply no matter what...Anyways, in my view, clinics may do better to operate more as referral services than actually distributing; I realize the clinics have to be involved in the process, but that doesn't mean they need to be physically storing / distributing medpot themselves - they could have a network of continuously changing, anonymous providers who they refer people to...Ron

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Comment #2 posted by Sam Adams on December 19, 2005 at 08:27:59 PT

lying again
"Mosler said investigators found that the overwhelming majority of people buying marijuana at the dispensaries did not appear sick or unhealthy. He said communities that want legitimate avenues for dispensing the drug need clearer regulation."What are we supposed to look like? Lepers leaning on a crutch? What percentage of the people in line at the Walgreens pharmacy look unhealthy? What percentage of the 6 MILLION kids on Ritalin look unhealthy?These San Diego thugs had their day in the sun, stealing from the dispensaries, playing with their guns and trucks, bullying the hippies. Now that they actually have to go to court, things get a little dicey. It looks like they broke the law instead of enforcing it.Gee, I wonder what will happen now? Let me guess, a 2 year lawsuit ending in a multi-million dollar judgement against the government, conveniently paid for by us, the taxpayers and people actually working a real, productive job for a living.
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Comment #1 posted by FoM on December 19, 2005 at 08:15:55 PT

Press Release from MPP
Teens Say Marijuana "Easy to Get" Despite Record Arrests***December 19, 2005WASHINGTON, D.C. -- For the 31st year in a row, approximately 85% of high school seniors have told government survey-takers that marijuana is "easy to get," according to the 2005 Monitoring the Future survey released today. The report comes less than two months after the FBI reported an all-time record number of marijuana arrests in 2004.In today's survey, 85.6% of high school seniors described marijuana as being either "fairly easy" or "very easy" to get. This "easy to get" figure has remained virtually unchanged since the survey began in 1975, having never dropped lower than 82.7% (in 1992) or higher than 90.4% (in 1998).Over the same 31-year period, the number of U.S. marijuana arrests has varied dramatically, dropping to a low of 282,800 in 1991 and then beginning an almost unbroken rise to a record high of 771,605 last year."The near-tripling of marijuana arrests since 1991 has produced exactly zero reduction in the availability of marijuana to kids," said Rob Kampia, executive director of the Marijuana Policy Project in Washington, D.C. "Prohibition of marijuana for adults not only doesn't keep marijuana away from children, it actually guarantees that marijuana stays accessible to young people by giving unregulated criminals an exclusive franchise on marijuana sales.""In contrast, look at the success we've had with tobacco, another product we don't want children to use," Kampia continued. "Today's survey shows teen smoking at its lowest level ever. Reports from around the country show that tobacco products are becoming less accessible to kids, and merchants can be fined or even lose their license if they sell tobacco to minors. Walk into nearly any store that sells cigarettes, and you'll see a large sign saying, 'Under 18, No Tobacco: We Card.' Have you ever seen a drug dealer with a sign like that? To keep marijuana away from kids, the first step is to take control -- and prohibition guarantees that we have no control."With more than 19,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit: http://MarijuanaPolicy.orghttp://www.mpp.org/releases/nr20051219.html

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