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... a weekly service for the media on news items related to Marijuana Prohibition.
January 4, 1996
Marijuana Activists Sue Prosecutors: Hemp Proponents Claim Unlawful, Selective Prosecution In Hemp Seed Case
December 28, Hilo, Hawaii: Longtime
hemp activists Roger Christie and Aaron Anderson have filed a
civil lawsuit against Hawaii County prosecutor Jay Kimura and
Deputy Prosecutor Kay Iopa alleging that they were unlawfully and
selectively prosecuted for expressing their opinions regarding
marijuana.
Christie and Anderson's suit maintains that the two were
selectively prosecuted by Iopa in 1992 for possessing apparently
sterile hemp seeds. The seeds had been imported from China
as birdseed in compliance with both state and federal laws.
Charges of "commercial promotion of marijuana" against Christie
were dismissed earlier this year, but the case against Anderson
is still pending.
The duo's lawsuit asserts that they were singled out primarily
for their outspoken beliefs regarding the positive uses for
hemp. Christie and Anderson note that while similar hemp
seeds are available and commonly sold in stores in Hawaii, they
were the only individuals targeted by prosecutors.
Specifically, the suit alleges that prosecutors violated
Christie's and Anderson's constitutional rights to "freely
speak, petition their government, and be free from unjust
government oppression."
The suit also alleges that Iopa misrepresented the facts against
Christie and Anderson. In 1992, police sent 800 seeds to
the state Department of Agriculture for germination tests.
According to Christie and Anderson, the report said that there
was zero germination. However, the activists maintain that
Iopa told the county grand jury, the Circuit Court, and the
Hawaii Supreme Court that 6 to 9 percent of the seeds germinated.
"Our lawsuit underscores the new energy in the hemp
movement," states Christie. "We seek to make this
the last marijuana trial in Hawaii."
Christie and Anderson are seeking $3 million in damages.
For more information on Christie and Anderson's lawsuit,
please contact Roger Christie @ (808) 961-0488 or Attorney Steven
Straus, Esq. @ (808) 969-6684.
Canada Set To Lessen Pot Penalties
January 1, Toronto, Canada: A bill
that will revamp the way Canada deals with marijuana has passed
Parliament and is now in its final stages of becoming law.
Among the reforms included in the bill are a relaxing of the penalties
associated with the possession of small amounts of marijuana.
"People charged with possession of less than 30 grams of
marijuana or one gram of hash or hash oil will no longer be
fingerprinted and they will have no criminal record," says
Steve Jeffrey, a spokesman for Canada's Health Ministry.
"[However,] possession of the drug [will still] remain a crime,"
he warns.
That aspect of bill C-7 troubles NORML Canada President
Umberto Iorfida.
"[The law] almost doesn't mean anything to me if you still
have to appear in court," he says. Other less critical
proponents of the bill view C-7 as striking a necessary balance
between a liberalizing public attitude toward the drug and the
fears of anti-drug groups and law enforcement.
Among the new marijuana sanctions proposed by the pending
legislation are community service or payment of a fine.
Revenue raised through marijuana possession fines will be used to
support marijuana related medical treatment programs and/or
rehabilitation programs, notes Iorfida.
The new law is expected to take effect this spring.
For more information concerning bill C-7 and Canada's
marijuana laws, please contact Umberto Iorfida of Canada NORML
@ (905) 833-3167.
NORML Establishes Amicus Curiae Committee
In an effort to establish NORML as a more
serious participant in the national debate over drug policy, NORML
has re-established an amicus curiae ("friend of the
court") committee to offer legal assistance in important marijuana
related legal issues. The committee will be co-chaired by NORML Legal
Committee members Michael D. Cutler, Esq. of Boston,
Massachusetts and C. Rabon Martin, Esq. of Tulsa, Oklahoma.
"An active NORML Amicus Committee will provide an
avenue for NORML to once again add its organizational
voice to some of the important legal issues of the day,"
says NORML Executive Director Keith Stroup, Esq. "The
committee will review requests that come into the national office
for amicus assistance and will file an amicus brief with the
court in the appropriate cases." Many policy groups
file amicus briefs in important and controversial legal cases as
way to assist the court.
The first case before the new committee is a marijuana
cultivation case involving the question of whether dead marijuana
plants count as plants (with an assigned weight) or as actual
marijuana (measured by actual weight). The case (U.S. v
Shields) is currently on appeal before the 11th Circuit.
The committee further intends on filing a second brief in the
case of Seeley v Washington. Defendant Ralph Seeley earlier
won a declaratory judgment ruling that the state's ban on medical marijuana
was unconstitutional. The case is now going before the
Washington State Supreme Court.
For more information on NORML's Amicus
Curiae Committee, please contact Allen St. Pierre of NORML
@ (202) 483-5500.
Indiana Supreme Court Rules On Constitutionality Of Illegal Drug Excise Tax
December 27, Indianapolis, Indiana:
The Indiana Supreme Court has ruled that the state cannot tax
illegal drugs and prosecute their owners too. In the
written opinion of the court, Chief Justice Randall T. Shepard
maintained that to apply both civil and criminal penalties to
drug cases would be a violation of the constitutional protections
against double jeopardy.
However, the high court also added that the assessment of the tax
is a valid punishment when it is the "first jeopardy"
-- that is, if it precedes criminal proceedings.
Responses to the ruling are widespread and some legal scholars
are critical that the ruling will allow certain defendants to
"buy" their way out of criminal sanctions. Citing
the court's suggestion that Revenue Department officials could
consult with prosecutors to determine which action to take,
Attorney Andrew Maternowski of Indianapolis worries that the
state's particular punishment could depend on the defendant's
financial standing. "If you don't have money, you go
to prison," he said.
Others feel that the ruling will encourage the state legislature
to abolish the excise tax.
A similar "double jeopardy" ruling was recently issued
in an Arizona trial court. In that decision, a Northwest
Phoenix Justice Court Judge dismissed marijuana charges against Arizona NORML Chairman
Peter Wilson because he had previously paid the state tax on
cannabis.
Despite "Colorful" Side Effects
FDA Panel Gives Thumbs Up To New Anti-Glaucoma Drug
A Food and Drug Administration panel has approved
a new type of anti-glaucoma drug even though it has the startling
side effect of turning blue eyes brown. "This could
turn out to be a major public health hazard for glaucoma
patients," noted Dr. Alexander Buckner of the University of Pennsylvania.
The panel voted 4-2 to approve the new drug.
National statistics indicate that glaucoma effects some 980,000
Americans a year. Standard therapy in the treatment of
glaucoma is the drug Timolol; however, physicians state that the
drug has numerous side effects ranging from breathing problems to
irregular heartbeats.
Medical marijuana proponents argue that the use of cannabis is an
effective treatment in lowering inter-ocular pressure in
individuals who suffer from open-angle glaucoma. Advocates state
that cannabis is both more effective and safer than other
conventional treatments.
For more information on medical marijuana, please contact
Allen St. Pierre of NORML @ (202) 483-5500.
-END-
MORE THAN 10 MILLION MARIJUANA ARRESTS SINCE 1965 ... ANOTHER EVERY 65 SECONDS!