>Sender: >To: >X-Original-Message-ID: <004c01bf2f5a$c1328960$9acf69cf@pacbell.net> >From: "Peter McWilliams" >Subject: A great Vin-tage >Date: Mon, 15 Nov 1999 03:15:42 -0800 >X-Mozilla-Status: 9001 >X-Mozilla-Status2: 00000000 > > > > FROM MOUNTAIN MEDIA > FOR IMMEDIATE RELEASE DATED NOV. 13, 1999 > THE LIBERTARIAN, By Vin Suprynowicz > Drug War would be 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 -- 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 (start >ital)mention(end ital) 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, brusquely informing him that if >he wasn't "dying of cancer or AIDS ... then Proposition 215 doesn't apply >to you." > > But following an investigation (oh good, let's do the investigation >(start ital)after(end ital) 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, with anyone questioning 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 (start ital)secret(end ital)! 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 http://www.fear.org. > > > >Vin Suprynowicz is assistant editorial page editor of the Las Vegas >Review-Journal. His book, "Send in the Waco Killers," is available at >$24.95 postpaid through Mountain Media, P.O. Box 271122, Las Vegas, NV >89127, or by dialing 1-800-244-2224. > >*** > > >Vin Suprynowicz, vin@lvrj.com > >"The evils of tyranny are rarely seen but by him who resists it." -- John >Hay, 1872 > >"The whole aim of practical politics is to keep the populace alarmed -- and >thus clamorous to be led to safety -- by menacing it with an endless series >of hobgoblins, all of them imaginary." -- H.L. Mencken > >* * * > > >---------------------------------------------------------------------------- >-- >- >If you have subscribed to vinsends@ezlink.com and you wish to unsubscribe, >send a message to vinsends-request@ezlink.com, from your OLD address, >including the word "unsubscribe" (with no quotation marks) in the "Subject" line. > >To subscribe, send a message to vinsends-request@ezlink.com, from your >NEW address, including the word "subscribe" (with no quotation marks) >in the "Subject" line. > >All I ask of electronic subscribers is that they not RE-forward my columns >until on or after the embargo date which appears at the top of each, and >that (should they then choose to do so) they copy the columns in their >entirety, preserving the original attribution. > >The Vinsends list is maintained by Alan Wendt in Colorado, who may be >reached directly at alan@ezlink.com. The web sites for the Suprynowicz >column are at http://www.infomagic.com/liberty/vinyard.htm, and >http://www.nguworld.com/vindex. The Vinyard is maintained by Michael Voth >in Flagstaff, who may be reached directly at mvoth@infomagic.com. > > >================================================================ > >This message is sent to you because you are subscribed to > the mailing list . >To unsubscribe, E-mail to: