>Sender: >To: >X-Original-Message-ID: <004b01bf375f$348eae50$9acf69cf@pacbell.net> >From: "Peter McWilliams" >Subject: Denver Post on moi >Date: Thu, 25 Nov 1999 08:07:43 -0800 >X-Mozilla-Status: 8001 >X-Mozilla-Status2: 00000000 > > > > >This is from MAP. > >US CO: OPED: Federal Drug Agency Battles Legalization Of Medical >Marijuana > >URL: http://www.mapinc.org/drugnews/v99.n1273.a08.html > >Newshawk: Leroy Casterline >Pubdate: Wed, 24 Nov 1999 >Source: Denver Post (CO) >Copyright: 1999 The Denver Post >Contact: letters@denverpost.com >Address: 1560 Broadway, Denver, CO 80202 >Fax: (303) 820.1502 >Website: http://www.denverpost.com/ >Forum: http://www.denverpost.com/voice/voice.htm >Author: Charles Levendosky >Note: Charles Levendosky is editorial page editor of the Casper >Star-Tribune >Also: Our newshawk writes: As you may remember, an article >entitled OPED: >AIDS Victim Hammered by Pot Charge by Mr. Levendosky was >circulated on this list a few >days ago (http://www.mapinc.org/drugnews/v99/n1259/a12.html). I >forwarded Mr. >Levendosky's OpEd piece to the Denver Post with a request to cover >it, and sure enough, the >article appeared today. I don't know if my letter to the Post had >anything to do with today's >article, but you never know. The point is, we should be >forwarding articles of this type to our >local/regional newspapers to expand the coverage of our cause as >far and wide as possible. > >FEDERAL DRUG AGENCY BATTLES LEGALIZATION OF MEDICAL MARIJUANA > >The voters in California, Arizona, Alaska, Oregon, Nevada, >Washington and the District of >Columbia have legalized the use of marijuana for medical reasons. >It hasn't made any >difference to the Drug Enforcement Administration. > >To the DEA, marijuana is a Schedule I drug, and, therefore, must >be strictly regulated by the >federal government. > >The Controlled Substance Act of 1970 also listed peyote, a >hallucinogenic cactus button, as a >Schedule I drug. > >But Congress exempted the Native American Church from the >prohibition against the use of >peyote. Members of NAC use peyote as a sacrament. > >Congress also allowed states to create their own exemptions for >the use of peyote. In >Arizona, members of The Peyote Way of God and The Peyote >Foundation can use peyote. > >In Minnesota, members of the American Indian Church can use peyote >as a sacrament. In >Oregon, those with sincere religious intent may use peyote. In >Colorado, New Mexico and >Nevada, those who are members of bona fide religious organizations >may use peyote as a >religious sacrament. > >One can be exempt from the legal restrictions on a Schedule I drug >for religious reasons, but >not for health reasons. There's something seriously wrong here. > >The medical marijuana prosecutions in California are a warning to >the tens of thousands of >seriously ill citizens who use marijuana to ease their pain and >nausea. The case of author and >publisher Peter McWilliams of Los Angeles is illustrative of how >federal drug agents and >federal prosecutors are targeting those who are ill and using >state authorized medical >marijuana. > >Stripped of his ability to defend himself in a federal trial, on >advice of counsel, McWilliams >has thrown himself to the mercy of the judge. > >In 1996, McWilliams was diagnosed with AIDS and the AIDS- related >cancer, non-Hodgkin's >lymphoma. In that same year, California passed Proposition 215, >which allows seriously ill >patients, with a doctor's recommendation, to grow and use >marijuana. McWilliams was >arrested by federal drug agents and originally charged with >numerous marijuana crimes. > >McWilliams used marijuana to control his nausea with his AIDS >medications. It's the only >anti-nausea drug that has worked well for him. Since his arrest, >McWilhams' health has >declined precipitously because he has had to use an anti-nausea >drug that is much less >effective for him. > >U.S. District Court Judge George H. King ruled that McWilliams >could not mention his >illness or Proposition 215 in his defense during the trial. The >judge also ruled that >McWilliams could not argue medical necessity as a defense. In >other words, McWilliams was >not allowed to defend himself in court. According to McWilliams, >it's the draconian nature of >the laws in drug cases. > >So, on Nov.19, he pleaded guilty to conspiracy to manufacture and >distribute marijuana. In >the plea agreement, McWilliams waived his right to appeal. He now >faces a maximum of five >years in federal prison. At the scheduled hearing on Feb.28, >Judge King, if he is so inclined, >can take McWilllams' health into account and give him less time in >prison or even home >detention. McWilliams sees any mandatory prison time as a >probable death sentence. > >That's the warning to the citizens of America: Cross the federal >marijuana laws and your state >laws won't protect you. It doesn't matter if you suffer from >cancer, AIDS, glaucoma or >multiple sclerosis; you will end up in prison. Non-violent >marijuana offenders often receive >longer prison sentences than those who commit violent crimes. > >The recent report from the National Academy of Sciences' Institute >of Medicine >acknowledges that "marijuana's active components are potentially >effective in treating pain, >nausea, the anorexia of AIDS wasting, and other symptoms." The >federal drug czar, Barry R. >McCaffrey, in a Nov.16 debate on ABC News, said the report >"condemned the dangers of >smoking marijuana." It didn't. The report says that dangers to >health associated with chronic >smoking of marijuana "awaits the results of well-designed >studies." > >Nevertheless, the popular movement to legalize the use of medical >marijuana continues. The >states of Massachusetts, Minnesota and New Hampshire have >legislation pending that would >legalize the use of marijuana to treat the effects of serious >illnesses. > >And the state Senate in Hawaii has adopted a resolution urging the >U.S. Congress to pass >legislation allowing individual states to determine their own >policies with regard to medical >marijuana. > >Rep. Barney Frank, D-Mass, introduced a bill in the U.S. House >(HR 912 - -Medical Use of >Marijuana Act) on March 2, in order to move marijuana from a >Schedule I drug of the >Controlled Substances Act to a Schedule II drug of the act. The >bill would allow "the >prescription or recommendation of marijuana by a physician for >medical use," and allows >"producing and distributing marijuana for such purpose." > >Frank's bill has 11 co-sponsors, only one a Republican, Rep. Tom >Campbell of California. >Currently, the bill languishes in the House Subcommittee on Health >and Environment. >Meanwhile, citizens who are ill face drug prosecution if they turn >to medical marijuana, as >provided by state law. > >In 1988, the DEA's chief administrative law judge, Francis L. >Young, ruled that because >marijuana is a safe therapeutically active substance, marijuana >must be transferred from a >Schedule I to a Schedule II drug, according to the Controlled >Substances Act. Schedule I >drugs have no known medical use. The judge wrote: "It would be >unreasonable, arbitrary and >capricious for the DEA to continue to stand between those >sufferers and the benefits of this >substance." That was 11 years ago - nothing has changed. > >Drug busts often lead to the defendant losing most of his property >to forfeiture laws. Since >the Clinton administration made marijuana busts its priority, >according to the National >Organization to Reform Marijuana Laws (NORML), someone is arrested >on a marijuana >charge every minute. > >As early as 1980 the Justice Department bragged that it had >obtained drug-related forfeitures >that amounted to over $90 million. > >Clearly marijuana and other drug busts are a cash cow that the >federal drug agencies don't >want to give up. No wonder the DEA resists moving marijuana to a >Schedule II drug. > >It's up to the people to act in their states and petition Congress >to pass the Medical Use >Marijuana Act. > > > >================================================================ > >This message is sent to you because you are subscribed to > the mailing list . >To unsubscribe, E-mail to: