NATIONAL ORGANIZATION FOR THE REFORM OF
MARIJUANA LAWS
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... a weekly service for the media on news items related to Marijuana Prohibition.
February 8,1996
Actor Woody Harrelson Endorses Industrial
Hemp
Hearings For Colorado Cultivation Bill Begin Today
February 8,
1996, Denver, CO: Hearings begin today before the
Colorado State Senate Agriculture Committee to determine the fate
of a bill that would allow Colorado to become the first state to
grow industrial hemp in almost 40 years.
The bill, sponsored by Senator
Lloyd Casey (D-Northglenn), permits the planting of no more than
40 acres of industrial hemp in Colorado in 1996 for agricultural,
commercial, and scientific research. The legislation allows
for full scale commercial production of hemp to begin in 1998.
Appearing before the Committee
today are a wide assortment of hemp activists, businessmen,
farmers, and lobbyists. However, Casey speculates that the
bill's most influential endorsement may come from Hollywood actor
and businessman, Woody Harrelson. In a fax to the
Agriculture Committee, Harrelson stated that he "will
personally guarantee that all hemp produced in Colorado will be
purchased at fair market prices." Harrelson is a hemp
proponent who has commercial interests in both the clothing and
paper industry.
"That [endorsement] might do
the best for us," notes Casey. In the past, a major
concern for the committee was whether there is a legitimate
market for industrial hemp. Harrelson's announcement
demonstrates that there are buyers willing and waiting, the
senator states.
If Casey's legislation is approved
by the 7-member Senate Agriculture Committee, the bill will then
move on to the Senate floor for a vote.
For more information on this
bill, please contact either Colorado State Senator Lloyd Casey @
(303) 866-4865 or the Colorado Hemp Initiative Project at (303)
784-5632. For more information on industrial hemp, please
contact Allen St. Pierre @ NORML.
Circuit Court Ruling Allows For Religious Defense In Marijuana Cases
February 2,
1995, San Francisco, CA: Rastafarians can defend
themselves against charges of marijuana possession on religious
grounds, the Ninth Circuit U.S. Court of Appeals has ruled.
Citing the federal Religious
Freedom Restoration Act, the three judge appeals panel overturned
the lower court convictions of three individuals charged with
possessing marijuana. The Circuit Court ruled that a
Montana District Court Judge had violated the act by failing to
allow the Rastafarian defendants to present evidence
demonstrating marijuana's sacred role in their religion.
However, the Court upheld additional drug convictions against the
defendants.
"The court's decision to
negate the marijuana possession charges against these defendants
is a significant ruling," stated NORML Deputy
Director Allen St. Pierre. "To the best of NORML's
knowledge, this decision is the first time that a marijuana
conviction has been overturned on the basis of freedom of
religion."
The Religious Freedom Restoration
Act of 1993 strengthened protections for religious groups and was
intended to curb criminal prosecutions that interfere with
religious beliefs. The act requires the government to show
a compelling interest for any prosecution that significantly
hinders the exercise of religious freedom.
"Under RFRA, ... the
government had the obligation, first, to show that the
application of the marijuana laws to the defendants was in
furtherance of a compelling governmental interest and, second, to
show that the application of these laws to these defendants was
the least restrictive means of furthering that compelling
governmental interest," Judge John Noonan wrote for the
court.
In addition, the court maintained
that the government could challenge the defendant's claims that
they were, in fact, Rastafarians.
The government should be free to
cross-examine [the defendants] on whether they ... are
Rastafarians and to introduce evidence negating their assented
claims," added Judge Noonan. "It is not enough in
order to enjoy the protections of the Religious Freedom
Restoration Act to claim the name of religion as a protective
cloak."
For more information, please
contact Allen St. Pierre of NORML @ (202)
483-5500. A copy of the decision is currently available on
the Internet at the following address: http://www.law.vill.edu/Fed-Ct/Circuit/9th/opinions/9430073.htm
Iowa Supreme Court "Just Says No" To Controversial License Suspension Law
February 1996,
Des Moines, IA: Iowa's federally mandated "smoke a
joint, lose your license law" has been ruled
unconstitutional by the State Supreme Court. As a result,
hundreds of convicted drug offenders, many found guilty of simple
marijuana possession, will have their driving privileges
restored. In addition, the state stands to lose more than
$16 million annually in federal highway aid.
With its recent decision, the court nullified a
1993 state law that imposes an automatic six-month driver's
license suspension upon conviction of any drug offense,
regardless of whether the offense is driving related.
According to the court, the license suspension constituted
"double jeopardy" because it was a second punishment
for a single criminal action. "There [is] no direct
connection between possession of controlled substances, driving,
and public safety," wrote the court. "The amended
statute authorizing this license revocation was aimed essentially
at enhancing punishment for controlled substance
possession."
The Iowa Department of
Transportation estimates that nearly 8,500 people had been
subject to license suspension since the law took effect two years
ago.
"It's the first step in the
right direction of common sense," said Attorney Jeff Crispin
of Des Moines. "There's no logical connection between
these drug offenses and driving privileges. It doesn't make
sense to have these penalties."
Despite the recent decision,
transportation officials have decided against expunging
drug-related suspensions from the driving records of those who
have already completed them.
For more information, please
contact Attorney Jeff Crispin @ (515) 288-7400.
Medical Marijuana Patients To Rally On State Capitol Steps
February 7,
1996, San Francisco, CA: Persons who are living with
AIDS and cancer from the Sacramento County area and beyond will
be rallying on the West Steps of the California State Capitol
Building Saturday, February 17 at 2:00 to show their support for
medical marijuana. Sacramento County Director of
Californians for Compassionate Use, Ryan Landers, will present
state lawmakers with signatures gathered in Sacramento during the
first half of the statewide effort to qualify the
"Compassionate Use Act of 1996" for inclusion in the
1996 election ballot and demonstrators will be conducting an all
day sign-up drive.
Medical marijuana proponents need
to gather 600,000 signatures from registered voters by April 20
in order to put the Initiative on the ballot for the 1996
election. To date, the all volunteer drive has amassed
approximately 125,000 signatures.
California's Medical Marijuana
Initiative came about in response to Governor Pete Wilson's
decision to veto legislation that would allow for the medical use
of marijuana. If the initiative is passed by California
voters this fall, the bill will become law immediately and cannot
be vetoed.
"The [Medical Marijuana]
Initiative will simply set the record and allow patients and
their doctors to use marijuana medicinally in California free of
the stigmas and terror they have come to accept," explained
Dennis Peron, statewide Director of the Compassionate Use
Campaign.
For more information, please
contact either Dennis Peron @ (415) 621-3986 or Ryan Landers @
(916) 736-3598.
REMINDER: "HIGHER TIMES," THE CNN SPECIAL ON MARIJUANA WILL AIR THIS SUNDAY AT 9:00 P.M. EST. AND NORML DEPUTY DIRECTOR ALLEN ST. PIERRE DEBATES FORMER DRUG CZAR LEE BROWN LIVE ON AMERICA ON-LINE ON FEBRUARY 19!!!
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