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NATIONAL ORGANIZATION FOR THE REFORM OF
MARIJUANA LAWS
1001 CONNECTICUT AVENUE NW
SUITE 1010
WASHINGTON, D.C. 20036
TEL 202-483-5500 * FAX 202-483-0057
E-MAIL natlnorml@aol.com
Internet http://www.norml.org/
... a weekly service for the media on news items related to Marijuana Prohibition.
November 21, 1996
Office Of National Drug Control Policy Restates Opposition To Medical Marijuana Initiatives
November 15, 1996, Washington, D.C.:
Drug Czar Barry McCaffrey re-emphasized the administration's
opposition to voter-approved drug reform initiatives in
California and Arizona that endorse the use of marijuana as a
medicine. The announcement came following several closed-door
meetings with law enforcement and state officials.
"There could not be a worse message to young people than the
provisions of these referenda," stated McCaffrey in a
November 15 press release. "Just when the nation is
trying its hardest to educate teenagers not to use psychoactive
drugs, now they are being told that 'marijuana [is] medicine.'
The conflicting message is extremely harmful."
The California initiative says that, "Patients or defined
caregivers, who possess or cultivate marijuana for medical
treatment recommended by a physician, are exempt from the general provisions
of law which otherwise prohibit possession or cultivation of
marijuana." It further provides that, "Physicians
shall not be punished or denied any right or privilege for
recommending marijuana to a patient for medical
purposes." The Act does not supersede state
legislation prohibiting persons from possessing or cultivating
marijuana for non-medical purposes.
Proposition 200 in Arizona, known as the "Drug
Medicalization, Prevention and Control Act," is broader than
California's measure and would essentially "medicalize"
Arizona's drug policy. The Act calls for mandatory, court
supervised treatment and probation as an alternative to
incarceration for non-violent drug users and provides expanded
drug treatment programs. It also permits doctors to
prescribe controlled drugs such as marijuana to patients
suffering from serious illnesses such as glaucoma, multiple
sclerosis, cancer, and AIDS; however, this aspect of the measure
is in direct conflict with federal law. Arizonans voted in
favor of the initiative by a vote of 65 to 35.
"By our judgment, increased drug abuse in every category
will be the inevitable result of the referenda," said
McCaffrey.
In the weeks following the initiatives passage, proponents have
speculated as to whether the federal government will target
physicians and patients complying with the new state laws.
On this matter, McCaffrey stated that federal law remains in
"full force" despite the states' actions and that the
Justice Department "will take action" when the evidence
merits.
"It is unfortunate that General McCaffrey chose only to meet
with those who oppose the notion of marijuana as medicine when
meeting to strategize the federal response to the passage of the California
and Arizona initiatives," said NORML Deputy Director
Allen St. Pierre, who noted that at least two physicians who
learned of the meetings were barred from attending.
"These initiatives address health issues; to exclude input
from physicians who are explicitly and specifically mentioned is
unacceptable."
For more information, please contact Allen St. Pierre of NORML
@ (202) 483-5500 or Dale Gieringer of California NORML @ (415)
563-5858.
(Meanwhile) Drug Czar's Office Refuses NORML Meeting
November 18, 1996, Washington, D.C.:
The Office of National Drug Control Policy (ONDCP) has denied NORML's
request for a meeting with Drug Czar Barry McCaffrey. NORML
had offered to meet with McCaffrey following comments made by the
General on National Public Radio that he "welcomed" NORML's
involvement in the national debate over drug policy.
According to a letter signed by Janet Crist, Chief of Staff,
"The Director feels strongly that, in light of NORML's
vigorous support for pro-marijuana ballot initiatives in
California and Arizona along with its longstanding advocacy for
the legalization of marijuana, the meeting you proposed would
serve no useful purpose."
She added that, "Your organization's agenda to legalize the
use of ... marijuana ... is unsupportable (sic) on health,
safety, as well as humanitarian grounds."
"It's a shame that the Drug Czar was not sincere in his
offer to meet with NORML to discuss certain aspects of
American drug policy," said NORML Executive Director
R. Keith Stroup. "He has said on numerous occasions
that we cannot arrest our way out of the drug problem; NORML has
said for 26 years that an adult marijuana user should not face
criminal penalties. I think that there are a number of
points that we could agree on. Certainly, healthy discourse
on this pertinent topic can only move the issue forward."
Ironically, McCaffrey reiterated his invitation to meet with NORML
representatives while speaking at American University in
Washington D.C. on November 13. This action prompted NORML's
Executive Director to again request a meeting with the Drug Czar
to discuss policy options.
For more information, please contact Allen St. Pierre of NORML
@ (202) 483-5500.
Supreme Court Overturns Ohio Traffic Stop Decision
November 18, 1996, Washington, D.C.:
The Supreme Court ruled that police do not have to inform drivers
during a routine traffic stop that they are legally free to go
before asking for consent to search their vehicle. The
ruling overturns a 1995 Ohio Supreme Court decision mandating
that police must first inform motorists that they are
"legally free to go" before requesting the driver's
permission to search their car for drugs or other contraband.
Writing the opinion for the court, Chief Justice William
Rehnquist said that the court has "consistently eschewed
bright-line rules" in Fourth Amendment analysis, and instead
must examine the "totality of the circumstances" on a
case by case basis. "It would be unrealistic to
require the police to always inform detainees that they are free
to go before a police consent search may be deemed
voluntary," Rehnquist concluded.
In deciding the case, the High Court rejected the argument that
many individuals will assume that they are in a police officer's
custody as long as the officer continues to interrogate
them. "While knowledge of the right to refuse consent
is one factor to be taken into account, the government need not
establish such knowledge as the sine qua non of an
effective consent," Rehnquist opined.
The case is cited as Ohio v. Robinette, No. 95-891.
For more information, please contact Allen St. Pierre or Paul
Armentano of NORML @ (202) 483-5500.
German State Plans To Sell Marijuana Over The Counter
November 19, 1996, Schleswig-Holstein,
Germany: The small German state of Schleswig-Holstein
recently announced plans to sell marijuana over the counter in an
attempt to separate cannabis from the "hard" drug
market, according to Reuters News Service. The state said
it will soon apply to the federal drugs agency for a permit to
sell marijuana.
The state Health Minister, Heide Moser, said authorities were
losing credibility by treating marijuana as if it were as a
dangerous as other "harder" drugs such as cocaine and
heroin. "General warnings about the dangers of drugs
are no longer being taken seriously," she said.
The idea drew criticism from the German federal government whose
spokesman said that, "Schleswig-Holstein's stance has little
to do with reality."
The state, which is governed by a coalition of Social Democrats
and environmentalist Greens, said it had not yet decided
precisely where and how much cannabis would be available if its project
wins approval.
Marijuana is technically illegal in Germany, but the Supreme
Court ruled in 1994 that possession of small amounts of cannabis
for personal use should no longer be punished.
-END-
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