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Restore-Digest Wednesday, September 25 2002 Volume 2002 : Number 202
Restore News Today CA:
San Diego: Local Pot Advocate's Home Raided
FL: Drug Czar Blasts Legalization 'Lie' LATimes: Pot Got You Confused? You Must Be the DEA US: Networks Balk at Pot Spots San Diego raid DEA Destroys 20 Plants In Latest California Raid CA: Couple Sue For Return Of Pot Taken In Raid Date: Wed, 25 Sep 2002 07:00:43 -0700 Subject:CA: San Diego: Local Pot Advocate's Home Raided Up TOC From http://www.thesandiegochannel.com/sand/news/stories/news-168515120020924-180951.html or if the URL wraps go to http://www.thesandiegochannel.com/ and it is at the top of this TV station's news page (along with a link to a discussion) MAP is working on a Focus Alert on this, just waiting for the story to appear in the San Diego Union Tribune Richard - ---------------- Local Pot Advocate's Home Raided McWilliams Handed Out Medical Marijuana In Front Of City Hall Posted: 4:14 p.m. PDT September 24, 2002 Updated: 4:29 p.m. PDT September 24, 2002 SAN DIEGO -- Federal agents have raided a home where medical marijuana has been available by state law since 1996, 10News reported. [Discussion] [Medical Marijuana] MEDICAL MARIJUANA [Discussion] Should Marijuana Be Legal In The U.S.? Federal agents stormed the North Park home of advocate Steve McWilliams Tuesday. What led up to the raid goes back to last week, when members of medical marijuana advocacy group Shelter From The Storm distributed marijuana in front of San Diego City Hall. McWilliams serves as head of Shelter From The Storm. The move was similar to one that took place in San Jose. In both cases, marijuana was only distributed to patients with a doctor's approval. The headline grabbing stunt apparently grabbed the attention of the wrong people -- the feds. Although Proposition 215 allows medical marijuana use in California, it remains against federal law. McWilliams has a state permit to grow and distribute medical marijuana, but the federal government has chosen to overstep state law, 10News reported. Federal agents collected evidence and confiscated all the cannabis plants they could find at McWilliams' home, 10News reported. "Apparently, all of our medicine is being destroyed," McWilliams said. "We are just enforcing the law," an unnamed federal agent told 10News. However, McWilliams said that there were fewer plants to confiscate, since the raid has been anticipated for several days. An agent from the U.S. Drug Enforcement Administration approached McWilliams on the street Thursday and hand-delivered a letter warning him to stop growing marijuana or face arrest, the San Diego Union-Tribune reported. The letter, signed by U.S. Attorney Carol C. Lam, advised McWilliams that he is not protected by a state law that allows chronically ill patients to use and grow the drug, the newspaper reported. Over the weekend, Shelter From The Storm members purposely cut down some of its plants, so its patients could stock up. Some patients, like Summer Bello, said the drug is what keeps them alive. "I'm a manic depressive. I tried to kill myself. Then I discovered medical marijuana ... it prevents me from trying to kill myself, basically," Bello said. An attorney representing Shelter From The Storm said he feels the group's constitutional rights were violated, and he will file a motion to have their property -- or marijuana plants returned. Meanwhile, federal agents are reviewing the evidence and will forward the case to the U.S. Attorney, who will decide whether or not to prosecute. ------------------------------ Date: Wed, 25 Sep 2002 07:06:36 -0700 Subject:FL: Drug Czar Blasts Legalization 'Lie' Up TOC Newshawk: krinklyfig Pubdate: Tue, 24 Sep 2002 Source: Daytona Beach News-Journal (FL) Webpage: http://www.news-journalonline.com/2002/Sep/24/AREA5.htm Copyright: 2002 News-Journal Corp Contact: letters@news-jrnl.com Website: http://www.n-jcenter.com/ Details: http://www.mapinc.org/media/700 Author: Susan Wright DRUG CZAR BLASTS LEGALIZATION 'LIE' DAYTONA BEACH -- The national drug czar brought his no-holds-barred message here Monday, calling medical marijuana "a lie" and arguments for legalizing the drug as a medicine "selling snake oil." In a whirlwind tour that included stops in Volusia and Flagler counties to talk to teenagers, local law enforcement and drug treatment leaders, John Walters said he and the president are committed to the drug war and opposed to any attempt to legalize drugs for any reason. Walters, director of the National Drug Control Policy, said his immediate focus is battling "the lie of medical marijuana." As for campaigns in some states to legalize the drug for treating medical conditions, such as glaucoma and to stop nausea, Walters said, "It's not going to happen, not on my watch. "I'm going into every state where there is a ballot on this," he said, adding "fortunately right now that only includes Arizona, Ohio and Nevada." Voters or legislatures in eight states have approved some form of medicinal marijuana legalization, according to the nonprofit Marijuana Policy Project. At stops at Flagler Palm Coast High School and the Stewart-Marchman Treatment Center in Daytona Beach, he said marijuana use is "out of control," exceeding alcohol as the drug most commonly used by teenagers. He said that while many people view marijuana as harmless, more than 60 percent of the nation's 6 million illegal drug users are dependent on it and it often leads to more serious drugs. At the high school, Walters asked several dozen assembled students how many knew other students who took drugs, and almost all of them raised their hands. At Stewart-Marchman's Residential Addiction Program, he heard from teens who told him that drugs were everywhere. One young boy asked Walters not to give up on the addicts who, he said, have a disease that going to prison doesn't cure. Walters said the young recovering addicts could make a difference by going on to help educate others about the dangers of drugs. At the high school, some students argued for legalization, and Walters countered by calling the proposal "irresponsible." "I personally think you are overdramatizing the problem," said senior Gabe Clifton at the end of a spirited exchange with Walters. Walters countered that Clifton and his friends underestimate the power of drugs. "Is there a single family, is there a single city, is there a single school that is going to be better off with more drugs and alcohol in it?" said Walters, a former college professor. Accompanying Walters on the tour was U.S. Rep. John Mica, R-Winter Park, a member of a congressional subcommittee on drug policy and a co-chairman of the House Speaker's Drug Task Force. Mica said the war on drugs had briefly stalled while Congress delayed confirming Walters' appointment last year. Since Walters' confirmation, Mica said the war is back on track: "He really hit the ground running." Walters' nomination was opposed by many who believe his views are too hardline. Monday, Walters said despite the president's emphasis on the war on terrorism, Bush is still committed to reviving and winning the war on drugs. "It's not peripheral. It's not an add-on. It's at the core of his policy," he said. The federal anti-drug effort is supporting campaigns to crack down on drug suppliers in Mexico and Columbia, he said. While getting rid of the drug trade in those countries is a step toward eliminating drugs, he said the U.S. will have to guard its borders to make sure those drug dealers don't simply move here. "We don't want to just move the problem, we want to eliminate it," Walters said, adding that would take attacking the drug market at both the supply and the demand ends. - -- Staff writer Daniel Lathrop contributed to this story. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Jay Bergstrom------------------------------ Date: Wed, 25 Sep 2002 07:20:46 -0700 Subject: LATimes: Pot Got You Confused? You Must Be the DEA - --=====================_2250800==_.REL Content-Type: text/plain; charset="us-ascii"; format=flowed LA Times September 25, 2002 COMMENTARY Pot Got You Confused? You Must Be the DEA blackpix5.gif Raids on medical marijuana are reefer madness. By GERALD F. UELMEN, Gerald F. Uelmen, a professor at Santa Clara University School of Law, represents the Wo/Men's Alliance for Medical Marijuana in a federal court challenge to the Sept. 5 DEA search. The leaders of the federal war on drugs are upset. At the very moment they were launching a multimillion-dollar media campaign to educate parents and kids about the risks of marijuana, the city fathers of Santa Cruz gathered on the steps of City Hall to witness the distribution of marijuana to the patients of a medical marijuana collective. A representative of the Drug Enforcement Administration decried the confusion this will create among our adolescent population: The Santa Cruz festivities sent "the wrong message." That's the same phrase government officials used in 1992 when they closed down the federal government's Compassionate Investigative New Drug program to distribute government-grown marijuana to the sick and dying. When the program was deluged with applications from AIDS patients, federal authorities decided that compassion was going too far and closed off new applications because the program was "sending the wrong message." Distribution was continued for previously enrolled patients, six of whom still survive. One of the real ironies of the gathering in Santa Cruz was the presence of one of those six patients, holding the canister of marijuana cigarettes she received from the U.S. government, sitting beside the hundreds of patients whose marijuana had just been taken away by the U.S. government. If kids are confused about marijuana, it's not because they can't understand why sick people want to use a widely abused drug as medicine. Even kids can understand the difference between recreational abuse of a substance and therapeutic use under the care of a physician. We make that distinction with cocaine and narcotics, both of which are widely abused but can be prescribed by a physician. The real confusion about marijuana for most kids is trying to figure out why it's so different from alcohol. The government's "Open Letter to Parents" published in American newspapers last week talked about the havoc that marijuana can cause in high-pressure social situations, leading to risky decision-making on such issues as sex, criminal activity or riding with someone who is driving high. Although marijuana certainly contributes to such risky behavior, it accounts for a much smaller proportion of teenage sex, criminality and driving high than does alcohol. Why is a multimillion-dollar government ad campaign on drug education leaving out alcohol, the No. 1 killer of our teens? It's rather confusing. The best message to send to young people is the simple truth. And the simple truth about medical marijuana was with those patients who limped across the steps of Santa Cruz City Hall. The simple truth has been discovered by thousands of AIDS patients, wasting away from loss of appetite, and thousands of cancer patients, vomiting away their breakfast, lunch and dinner. Marijuana helps many of these people when other drugs don't. Their physicians agree but are prohibited from writing a prescription for marijuana by federal law. Many of these patients are dying and aren't particularly concerned whether marijuana is carcinogenic or addictive. They are more concerned with keeping their breakfast down and their weight up, so they can benefit from the other medical treatments their doctors are prescribing. During the last year, 40 of the patients served by the Santa Cruz collective died, four of them during the week before the DEA raid. The collective functioned as a hospice, and Valerie Corral, the director of the Wo/Men's Alliance for Medical Marijuana, was holding the hands of many of these patients when they passed on. As a result of the federal raid, many patients in Santa Cruz have been condemned to a more painful, agonizing death. If the leaders of the U.S. drug war think that compassion for the sick and dying is the "wrong message," they are badly confused. If they think that the scarce resources available to suppress heroin trafficking and methamphetamine production should be used to send 30 agents armed with M-16s into the mountains of Santa Cruz to harass the sick and dying, they are worse than confused. They are demented. - --=====================_2250800==_.REL Content-Type: image/gif; name="blackpix5.gif"; x-mac-type="47494666"; x-mac-creator="4A565752" Content-ID: <5.1.0.14.2.20020925071950.0659dce0@crrh.org.1> Content-Transfer-Encoding: base64 Content-Disposition: inline; filename="blackpix5.gif" R0lGODdhAQABAIAAAAAAAAAAACwAAAAAAQABAAACAkQBADs= - --=====================_2250800==_.REL-- ------------------------------ Date: Wed, 25 Sep 2002 07:32:37 -0700 Subject:US: Networks Balk at Pot Spots Up TOC Published: September 16, 2002 Subject: Networks Balk at Pot Spots http://www.adweek.com/adweek/headlines/advertising_display.jsp?vnu_content_id=1690015 Networks Balk at Pot Spots Wendy Melillo WASHINGTON -- The White House Office of National Drug Control Policy's biggest anti-marijuana initiative is already stirring controversy, even before its launches this week. One network has rejected two ads for offensive language, and a second has imposed time restrictions on boundary-pushing spots that link pot smoking to violence and date rape. Two 30-second ads by Ogilvy & Mather, New York, featuring the tag, "Responsibility is a bitch," were turned down by ABC. The network accepted a version without the profanity, sources said. ABC declined comment. A CBS rep said the spots were being evaluated. NBC has restricted the spots to airing after 9 p.m. "We realize there is a substantially larger younger audience from 8 to 9 p.m. where people might find it inappropriate," said Alan Wurtzel, NBC president of research and standards. "Earlier than 9 p.m., we don't want the language in there." Said Ogilvy ecd Chris Wall: "We knew it was a controversial thing, and even if ONDCP approved, there might be network issues." The commercials, "Stacey" and "Dan," trace a marijuana purchase to a horrible end. Copy reads, "This is Stacey. This is the dime bag that Stacey bought. This is the dealer who sold the dime bag that Stacey bought. This is the supplier who smuggled the pot to the dealer who sold the dime bag that Stacey bought. This is Carla hit by a stray bullet from Stacey's supplier and paralyzed for life." Tagline: "Responsibility is a bitch, isn't it,Stacey?" In "Dan," the purchase is traced to a drug cartel and an innocent family is shot. ONDCP rep Jennifer de Vallance said Ogilvy made several versions of the ads in case of network rejection. Meanwhile, ABC has ruled that a date-rape-themed spot by Leo Burnett in Chicago can air only after 10 p.m. because of its sexual content, sources said. Burnett created four spots through the Partnership for a Drug-Free America's pro-bono process. In "Couple," a teen girl at a party gets high in episodic shots. When she is incapacitated, a guy reaches for the buttons on her blouse. The tag is, "Marijuana: Harmless?" Burnett referred calls to the client. A Partnership rep said the ads tested "superbly" and the results will be shared with the networks to address any concerns. ------------------------------ Date: Wed, 25 Sep 2002 19:01:58 -0700 Subject:San Diego raid Up TOC Pot garden uprooted in raid Federal warrant used to search home of marijuana activists By Jeff McDonald and Marisa Taylor UNION-TRIBUNE STAFF WRITERS September 25, 2002 One week after Steve McWilliams handed out medical marijuana outside San= Diego City Hall, drug enforcement agents uprooted his Normal Heights pot garden= and said he may face cultivation charges in federal court. The first of its kind ever in San Diego, the raid began at around 11:20 a.m. yesterday when about 10 members of a regional drug enforcement task force= used a federal warrant to search the property. They confiscated 26 maturing plants =AD some as tall as 8 feet =AD and about= 10 pounds of loose marijuana cultivated by McWilliams under a state law that permits medicinal use of the drug. Officers also carted away irrigation equipment, fans and other marijuana-growing tools. No arrests were made. Agents said the decision to bring charges against McWilliams or his partner, Barbara MacKenzie, would be made by the U.S. Attorney's Office. "He claims this is medicine," said Donald Thornhill Jr. of the U.S. Drug Enforcement Administration, which sought the warrant. "From our perspective, there's no medical use for this." U.S. Attorney Carol Lam said her office is reviewing the case to decide whether to pursue charges. She declined to comment further. Medical-marijuana activists across the state contend that the federal government is cracking down on activists such as McWilliams so that more people do not attempt to grow marijuana under California's Proposition 215. Thornhill said the seizure had nothing to do with McWilliams' protest= outside City Hall last Tuesday. "This has been on the agenda for a while," he said. "It's the politics of the time." McWilliams had staged his protest to support a similar demonstration in= Santa Cruz, where elected officials joined 1,000 or more people criticizing the= DEA for an earlier raid on a marijuana cooperative there. Neither McWilliams nor MacKenzie was home when the narcotics team went to= the Wilson Avenue residence. Agents climbed through an open window before taking an inventory of the home's contents. Television news crews taped the raid as it unfolded, while neighbors came= out of their homes to watch. McWilliams arrived about 10 minutes later and was told that if he entered= the property he would be detained. He left soon afterward but not before sharply criticizing the government's action. "I don't know why this is happening," he said. "I've had police officers out here, probation officers out here, even the city attorney's office out here= I don't know how many times." The search warrant was executed at the height of the annual harvest. McWilliams said most of the marijuana seized was not yet useable. "It might have been 10 pounds with the branches and leaves, but it was= totally unmanicured," he said. The action was not entirely a surprise. McWilliams was hand-delivered a letter from Lam last week warning him that= his plants violated federal drug laws =AD even though they are allowed by city= and state officials under Proposition 215. MacKenzie and McWilliams said that over the weekend they trimmed their= plants and delivered marijuana to patients. They said several of the patients returned the marijuana Monday because they feared reprisals from the government. Both marijuana activists have been working closely with local officials to abide by guidelines being drafted by a city task force. Those= recommendations are scheduled to be debated by a City Council committee next month. "I trusted the political process," said MacKenzie, who was angry after arriving home to find federal agents searching her home. "They don't want to prosecute. They just want to take the medicine." San Diego Councilwoman Toni Atkins, who helped organize the city task force, called the seizure "unfortunate." "It's a tragedy that the will of the voters of the state of California, who overwhelmingly passed Proposition 215 in an effort to help sick people, continues to be subverted," she said. The city will push ahead with plans to issue identification cards to medical-marijuana patients, Atkins said. San Diego attorney Patrick Dudley is representing McWilliams and MacKenzie= for free. Outside the home yesterday, he said there was little he could do but wait to see whether his clients are charged. "I've never seen a case with such a small amount (of marijuana)," he said. "It's getting ludicrous. They're being targeted because they're speaking= out." The question now is whether McWilliams will be charged with any crime. In Santa Cruz, federal prosecutors declined to charge several activists who= were arrested by federal agents earlier this month. Peter Nunez, San Diego's U.S. attorney under President Reagan, predicted= that the Justice Department would pursue criminal charges, especially because McWilliams has refused to back down. "This guy is begging to be prosecuted," Nunez said. "I'm sure there are= people who are quietly growing 10 plants in their back yards but they won't be prosecuted because they aren't publicizing the fact." Stephen G. Nelson, a former assistant U.S. attorney of 25 years who headed= the office's drug division, agreed that a prosecution is likely but said he= hoped the U.S. attorney would turn down the case. "If it's a small number of plants and they are being grown consistent with California law, it's obviously a waste of federal resources to prosecute= this guy," he said. McWilliams said medical-marijuana activists are rallying to help him and are planning protests for today at federal buildings around the state. "Everyone knows what kind of place we ran," he said. "There was no large amount of patients and no large amount of plants. People are very upset." = ** web: http://www.crrh.org/ ------------------------------ Date: Wed, 25 Sep 2002 19:04:37 -0700 Subject:DEA Destroys 20 Plants In Latest California Raid Up TOC DEA Destroys 20 Plants In Latest California Raid *********************PLEASE COPY AND DISTRIBUTE************************* DrugSense FOCUS Alert #255 Wed Sep 25, 2002 On Tuesday morning, Sept 23 in San Diego, the DEA conducted yet another raid on a medical marijuana provider. This time the victim was Steve McWilliams and his Shelter From the Storm garden, which provides legal medical marijuana to six patients in the SoCal area. Agents arrived to seize the plants from his modest garden which had already been trimmed and the useful medicine distributed. This action comes on the heels of the Feds previous arrests of McWilliams for growing in larger quantities and following a warning last week by letter to McWilliams from the local U.S. Attorney. Any of the federal raids on legal California medical marijuana dispensaries are reprehensible, but this latest is likely the most audacious and heartless move yet by John Ashcroft and Asa Hutchinson's agents. With the U.S./Mexico border just miles away providing an entry point for literally millions of dollars per day in illegal drugs, the DEA decided to divert agents and valuable resources to shutting down the Shelter From the Storm garden. As shown in the article below, this raid is still another direct and overt attempt by the Feds to punish anyone who might be publicly critical of U.S. policy. Additionally, this action took place less than a week following an extremely strong opinion column in the San Diego Union-Tribune by the Drug Policy Alliance's Ethan Nadelmann. In his column, archived at http://www.mapinc.org/drugnews/v02.n1804.a11.html Nadelmann astutely and accurately demonstrates why any such raids by federal agents are foolhardy practice and a sad waste of valuable federal law enforcement agents. These DEA actions against medical cannabis users and those who help them are far from rare, as shown by the list maintained here http://www.canorml.org/news/fedmmjcases.html Please contact the San Diego Union-Tribune today and let them know how you feel about this latest raid. Further, let them know how you feel about Nadelmann's column and thank them for their continued coverage of this very urgent topic. Thanks for your effort and support. It's not what others do it's what YOU do *************************************************************************** PLEASE SEND US A COPY OF YOUR LETTER OR TELL US WHAT YOU DID (Letter, email messages, etc.) Please post a copy of your letter or report your action to the sent letter list (sentlte@mapinc.org) if you are subscribed, or by E-mailing a copy directly to MGreer@mapinc.org if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts and be motivated to follow suit. This is _Very_ Important as it is one very effective way of gauging our impact and effectiveness. Subscribing to the Sent LTE list (sentlte@mapinc.org) will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm and/or http://www.mapinc.org/lists/index.htm#form ************************************************************************** CONTACT INFO Source: San Diego Union Tribune (CA) Contact: letters@uniontrib.com ************************************************************************** FOLLOWING is the story of the raid from the San Diego Union Tribune published today, Wednesday, 25 September: POT GARDEN UPROOTED IN RAID Federal warrant used to search home of marijuana activists By Jeff McDonald and Marisa Taylor, Staff Writers One week after Steve McWilliams handed out medical marijuana outside San Diego City Hall, drug enforcement agents uprooted his Normal Heights pot garden and said he may face cultivation charges in federal court. The first of its kind ever in San Diego, the raid began at around 11:20 a.m. yesterday when about 10 members of a regional drug enforcement task force used a federal warrant to search the property. They confiscated 26 maturing plants - some as tall as 8 feet - and about 10 pounds of loose marijuana cultivated by McWilliams under a state law that permits medicinal use of the drug. Officers also carted away irrigation equipment, fans and other marijuana-growing tools. No arrests were made. Agents said the decision to bring charges against McWilliams or his partner, Barbara MacKenzie, would be made by the U.S. Attorney's Office. "He claims this is medicine," said Donald Thornhill Jr. of the U.S. Drug Enforcement Administration, which sought the warrant. "From our perspective, there's no medical use for this." U.S. Attorney Carol Lam said her office is reviewing the case to decide whether to pursue charges. She declined to comment further. Medical-marijuana activists across the state contend that the federal government is cracking down on activists such as McWilliams so that more people do not attempt to grow marijuana under California's Proposition 215. Thornhill said the seizure had nothing to do with McWilliams' protest outside City Hall last Tuesday. "This has been on the agenda for a while," he said. "It's the politics of the time." McWilliams had staged his protest to support a similar demonstration in Santa Cruz, where elected officials joined 1,000 or more people criticizing the DEA for an earlier raid on a marijuana cooperative there. Neither McWilliams nor MacKenzie was home when the narcotics team went to the Wilson Avenue residence. Agents climbed through an open window before taking an inventory of the home's contents. Television news crews taped the raid as it unfolded, while neighbors came out of their homes to watch. McWilliams arrived about 10 minutes later and was told that if he entered the property he would be detained. He left soon afterward but not before sharply criticizing the government's action. "I don't know why this is happening," he said. "I've had police officers out here, probation officers out here, even the city attorney's office out here I don't know how many times." The search warrant was executed at the height of the annual harvest. McWilliams said most of the marijuana seized was not yet useable. "It might have been 10 pounds with the branches and leaves, but it was totally unmanicured," he said. The action was not entirely a surprise. McWilliams was hand-delivered a letter from Lam last week warning him that his plants violated federal drug laws - even though they are allowed by city and state officials under Proposition 215. MacKenzie and McWilliams said that over the weekend they trimmed their plants and delivered marijuana to patients. They said several of the patients returned the marijuana Monday because they feared reprisals from the government. Both marijuana activists have been working closely with local officials to abide by guidelines being drafted by a city task force. Those= recommendations are scheduled to be debated by a City Council committee next month. "I trusted the political process," said MacKenzie, who was angry after arriving home to find federal agents searching her home. "They don't want to prosecute. They just want to take the medicine." San Diego Councilwoman Toni Atkins, who helped organize the city task force, called the seizure "unfortunate." "It's a tragedy that the will of the voters of the state of California, who overwhelmingly passed Proposition 215 in an effort to help sick people, continues to be subverted," she said. The city will push ahead with plans to issue identification cards to medical-marijuana patients, Atkins said. San Diego attorney Patrick Dudley is representing McWilliams and MacKenzie= for free. Outside the home yesterday, he said there was little he could do but wait to see whether his clients are charged. "I've never seen a case with such a small amount (of marijuana)," he said. "It's getting ludicrous. They're being targeted because they're speaking= out." The question now is whether McWilliams will be charged with any crime. In Santa Cruz, federal prosecutors declined to charge several activists who= were arrested by federal agents earlier this month. Peter Nunez, San Diego's U.S. attorney under President Reagan, predicted= that the Justice Department would pursue criminal charges, especially because McWilliams has refused to back down. "This guy is begging to be prosecuted," Nunez said. "I'm sure there are= people who are quietly growing 10 plants in their back yards but they won't be prosecuted because they aren't publicizing the fact." Stephen G. Nelson, a former assistant U.S. attorney of 25 years who headed= the office's drug division, agreed that a prosecution is likely but said he= hoped the U.S. attorney would turn down the case. "If it's a small number of plants and they are being grown consistent with California law, it's obviously a waste of federal resources to prosecute= this guy," he said. McWilliams said medical-marijuana activists are rallying to help him and are planning protests for today at federal buildings around the state. "Everyone knows what kind of place we ran," he said. "There was no large amount of patients and no large amount of plants. People are very upset." CRRH is working to regulate and tax the sale of cannabis to adults like=20 alcohol, allow doctors to recommend cannabis through pharmacies and restore= =20 the unregulated production of industrial hemp. *Campaign for the Restoration and Regulation of Hemp* mail: CRRH ; P.O. Box 86741 ; Portland, OR 97286 USA email: crrh@crrh.org phone: (503) 235-4606 fax: (503) 235-0120 web: http://www.crrh.org/ ------------------------------ Date: Wed, 25 Sep 2002 19:04:37 -0700 Subject: DEA Destroys 20 Plants In Latest California Raid DEA Destroys 20 Plants In Latest California Raid *********************PLEASE COPY AND DISTRIBUTE************************* DrugSense FOCUS Alert #255 Wed Sep 25, 2002 On Tuesday morning, Sept 23 in San Diego, the DEA conducted yet another raid on a medical marijuana provider. This time the victim was Steve McWilliams and his Shelter From the Storm garden, which provides legal medical marijuana to six patients in the SoCal area. Agents arrived to seize the plants from his modest garden which had already been trimmed and the useful medicine distributed. This action comes on the heels of the Feds previous arrests of McWilliams for growing in larger quantities and following a warning last week by letter to McWilliams from the local U.S. Attorney. Any of the federal raids on legal California medical marijuana dispensaries are reprehensible, but this latest is likely the most audacious and heartless move yet by John Ashcroft and Asa Hutchinson's agents. With the U.S./Mexico border just miles away providing an entry point for literally millions of dollars per day in illegal drugs, the DEA decided to divert agents and valuable resources to shutting down the Shelter From the Storm garden. As shown in the article below, this raid is still another direct and overt attempt by the Feds to punish anyone who might be publicly critical of U.S. policy. Additionally, this action took place less than a week following an extremely strong opinion column in the San Diego Union-Tribune by the Drug Policy Alliance's Ethan Nadelmann. In his column, archived at http://www.mapinc.org/drugnews/v02.n1804.a11.html Nadelmann astutely and accurately demonstrates why any such raids by federal agents are foolhardy practice and a sad waste of valuable federal law enforcement agents. These DEA actions against medical cannabis users and those who help them are far from rare, as shown by the list maintained here http://www.canorml.org/news/fedmmjcases.html Please contact the San Diego Union-Tribune today and let them know how you feel about this latest raid. Further, let them know how you feel about Nadelmann's column and thank them for their continued coverage of this very urgent topic. Thanks for your effort and support. It's not what others do it's what YOU do *************************************************************************** PLEASE SEND US A COPY OF YOUR LETTER OR TELL US WHAT YOU DID (Letter, email messages, etc.) Please post a copy of your letter or report your action to the sent letter list (sentlte@mapinc.org) if you are subscribed, or by E-mailing a copy directly to MGreer@mapinc.org if you are not subscribed. Your letter will then be forwarded to the list so others can learn from your efforts and be motivated to follow suit. This is _Very_ Important as it is one very effective way of gauging our impact and effectiveness. Subscribing to the Sent LTE list (sentlte@mapinc.org) will help you to review other sent LTEs and perhaps come up with new ideas or approaches as well as keeping others aware of your important writing efforts. To subscribe to the Sent LTE mailing list see http://www.mapinc.org/lists/index.htm and/or http://www.mapinc.org/lists/index.htm#form ************************************************************************** CONTACT INFO Source: San Diego Union Tribune (CA) Contact: letters@uniontrib.com ************************************************************************** FOLLOWING is the story of the raid from the San Diego Union Tribune published today, Wednesday, 25 September: POT GARDEN UPROOTED IN RAID Federal warrant used to search home of marijuana activists By Jeff McDonald and Marisa Taylor, Staff Writers One week after Steve McWilliams handed out medical marijuana outside San Diego City Hall, drug enforcement agents uprooted his Normal Heights pot garden and said he may face cultivation charges in federal court. The first of its kind ever in San Diego, the raid began at around 11:20 a.m. yesterday when about 10 members of a regional drug enforcement task force used a federal warrant to search the property. They confiscated 26 maturing plants - some as tall as 8 feet - and about 10 pounds of loose marijuana cultivated by McWilliams under a state law that permits medicinal use of the drug. Officers also carted away irrigation equipment, fans and other marijuana-growing tools. No arrests were made. Agents said the decision to bring charges against McWilliams or his partner, Barbara MacKenzie, would be made by the U.S. Attorney's Office. "He claims this is medicine," said Donald Thornhill Jr. of the U.S. Drug Enforcement Administration, which sought the warrant. "From our perspective, there's no medical use for this." U.S. Attorney Carol Lam said her office is reviewing the case to decide whether to pursue charges. She declined to comment further. Medical-marijuana activists across the state contend that the federal government is cracking down on activists such as McWilliams so that more people do not attempt to grow marijuana under California's Proposition 215. Thornhill said the seizure had nothing to do with McWilliams' protest outside City Hall last Tuesday. "This has been on the agenda for a while," he said. "It's the politics of the time." McWilliams had staged his protest to support a similar demonstration in Santa Cruz, where elected officials joined 1,000 or more people criticizing the DEA for an earlier raid on a marijuana cooperative there. Neither McWilliams nor MacKenzie was home when the narcotics team went to the Wilson Avenue residence. Agents climbed through an open window before taking an inventory of the home's contents. Television news crews taped the raid as it unfolded, while neighbors came out of their homes to watch. McWilliams arrived about 10 minutes later and was told that if he entered the property he would be detained. He left soon afterward but not before sharply criticizing the government's action. "I don't know why this is happening," he said. "I've had police officers out here, probation officers out here, even the city attorney's office out here I don't know how many times." The search warrant was executed at the height of the annual harvest. McWilliams said most of the marijuana seized was not yet useable. "It might have been 10 pounds with the branches and leaves, but it was totally unmanicured," he said. The action was not entirely a surprise. McWilliams was hand-delivered a letter from Lam last week warning him that his plants violated federal drug laws - even though they are allowed by city and state officials under Proposition 215. MacKenzie and McWilliams said that over the weekend they trimmed their plants and delivered marijuana to patients. They said several of the patients returned the marijuana Monday because they feared reprisals from the government. Both marijuana activists have been working closely with local officials to abide by guidelines being drafted by a city task force. Those recommendations are scheduled to be debated by a City Council committee next month. "I trusted the political process," said MacKenzie, who was angry after arriving home to find federal agents searching her home. "They don't want to prosecute. They just want to take the medicine." San Diego Councilwoman Toni Atkins, who helped organize the city task force, called the seizure "unfortunate." "It's a tragedy that the will of the voters of the state of California, who overwhelmingly passed Proposition 215 in an effort to help sick people, continues to be subverted," she said. The city will push ahead with plans to issue identification cards to medical-marijuana patients, Atkins said. San Diego attorney Patrick Dudley is representing McWilliams and MacKenzie for free. Outside the home yesterday, he said there was little he could do but wait to see whether his clients are charged. "I've never seen a case with such a small amount (of marijuana)," he said. "It's getting ludicrous. They're being targeted because they're speaking out." The question now is whether McWilliams will be charged with any crime. In Santa Cruz, federal prosecutors declined to charge several activists who were arrested by federal agents earlier this month. Peter Nunez, San Diego's U.S. attorney under President Reagan, predicted that the Justice Department would pursue criminal charges, especially because McWilliams has refused to back down. "This guy is begging to be prosecuted," Nunez said. "I'm sure there are people who are quietly growing 10 plants in their back yards but they won't be prosecuted because they aren't publicizing the fact." Stephen G. Nelson, a former assistant U.S. attorney of 25 years who headed the office's drug division, agreed that a prosecution is likely but said he hoped the U.S. attorney would turn down the case. "If it's a small number of plants and they are being grown consistent with California law, it's obviously a waste of federal resources to prosecute this guy," he said. McWilliams said medical-marijuana activists are rallying to help him and are planning protests for today at federal buildings around the state. "Everyone knows what kind of place we ran," he said. "There was no large amount of patients and no large amount of plants. People are very upset." Copyright 2002 Union-Tribune Publishing Co. ************************************************************************** EXTRA CREDIT Every day more stories appear in the press about medical cannabis that could also make superb targets for Letters to the Editor. Please use this link to review the articles often, and please, write your letters http://www.mapinc.org/mmj.htm To learn about the frequent protests please visit the Americans for Safe Access website - and consider signing up for their action announcement list http://www.safeaccessnow.org/ *************************************************************************** SAMPLE LETTER (Please note: If you choose to use this letter as a model please modify it at least somewhat so that the paper does not receive numerous copies of the same letter and so that the original author receives credit for his/her work.) To the editors of the San Diego Union-Tribune: Thank you for running the astute commentary of Ethan Nadelmann (The Hospice Raid and The War On Drugs, Sep 19), which accurately decries continuing federal raids of legal California medical marijuana dispensaries. How sad and tragic to read less than a week later of yet another raid, this time on the Shelter From the Storm garden of Steven McWilliams in San Diego, which provides legal medical marijuana to a whopping total of six patients. DEA agents stormed McWilliam's garden to seize a hand full of plants? With the U.S./Mexican border just miles away being an entry point for literally millions of dollars per day in illegal narcotics, the DEA chose to waste valuable resources and manpower on this petty and terroristic raid. Considering McWilliams' history of publicly criticizing the federal government's policies on medical marijuana, such an operation can only be seen as utterly vindictive and yet another slap in the face to California voters and their law which permits him to operate legally. Where are your governor and attorney general? Why are they not on the front page of every newspaper in the state demanding the end of this federal harassment and terrorism against your citizens? Respectfully submitted, Stephen Heath Clearwater FL (ALWAYS INCLUDE your address and phone number so the newspaper can verify. Most papers will not print your letter otherwise.) *************************************************************************** ADDITIONAL INFO to help you in your letter writing efforts, Please See: Writer's Resources http://www.mapinc.org/resource/ ************************************************************************ Prepared by: Stephen Heath, Focus Alert Specialist, Representing Florida Cannabis Action Network http://www.flcan.org ************************************************************************ TO SUBSCRIBE, DONATE, VOLUNTEER TO HELP, OR UPDATE YOUR EMAIL SEE http://www.drugsense.org/hurry.htm TO UNSUBSCRIBE SEE http://www.drugsense.org/unsub.htm **************************************************************************** Please help us help reform. Send drug-related news to editor@mapinc.org See http://www.mapinc.org/hawk.htm for details *************************************************************************** NOW YOU CAN DONATE TO DRUGSENSE ONLINE AND IT'S TAX DEDUCTIBLE DrugSense provides many services to at no charge BUT THEY ARE NOT FREE TO PRODUCE. We incur many costs in creating our many and varied services see: http://www.drugsense.org/sitemap.htm If you are able to help by contributing to the DrugSense effort visit our convenient donation web site at http://www.drugsense.org/donate.htm ********************* Just DO It!! ********************************** === Please help us help reform. Send drug-related news to editor@mapinc.org See http://www.mapinc.org/hawk.htm for details === NOW YOU CAN DONATE TO DRUGSENSE ONLINE AND IT'S TAX DEDUCTIBLE DrugSense provides many services to at no charge BUT THEY ARE NOT FREE TO PRODUCE. We incur many costs in creating our many and varied services. If you are able to help by contributing to the DrugSense effort visit our convenient donation web site at http://www.drugsense.org/donate.htm ********************* Just DO It!! ********************************** Mark Greer Executive Director DrugSense MGreer@mapinc.org http://www.drugsense.org/ http://www.mapinc.org/ ------------------------------ Date: Thu, 26 Sep 2002 09:58:39 -0700 Subject: CA: Couple Sue For Return Of Pot Taken In Raid Newshawk: Libertarians 1 - Drug Warriors 0 - http://www.plylar.org Pubdate: Wed, 25 Sep 2002 Source: San Jose Mercury News (CA) Copyright: 2002 San Jose Mercury News Contact: letters@sjmercury.com Website: http://www.bayarea.com/mld/mercurynews Details: http://www.mapinc.org/media/390 Bookmark: http://www.mapinc.org/raids.htm (Drug Raids) Bookmark: http://www.mapinc.org/find?115 (Cannabis - California) COUPLE SUE FOR RETURN OF POT TAKEN IN RAID A Santa Cruz County couple whose medicinal marijuana farm was raided by federal drug agents earlier this month have filed suit in federal court to get back their confiscated cannabis, launching a case that could challenge the federal government's right to regulate medicinal marijuana. Michael and Valerie Corral, who run the Wo/Men's Alliance for Medical Marijuana, argued the Sept. 5 seizure of 167 marijuana plants from the farm near Davenport was unconstitutional and needlessly brutal. A spokesman for the U.S. Drug Enforcement Administration said the agency's raid was legal and reasonable and that it had no intention of returning the marijuana. "In the United States, marijuana is an illegal substance," said DEA Special Agent Richard Meyer. "Our job is to take it off the streets. We would be failing our duty if we were to return a dangerous drug into the community." U.S. District Judge Jeremy Fogel will consider the case at 9 a.m. on Nov. 4. WAMM grows and distributes free marijuana to 230 patients with AIDS, cancer and neurological diseases who have written approval from their doctors. It has operated under an agreement with the Santa Cruz County sheriff's office since Californians in 1996 approved Proposition 215 to legalize medicinal marijuana. The Corrals argue the raid was unconstitutional on a number of grounds, including a claim that it exceeded the federal government's authority under the 10th Amendment to regulate interstate commerce because the organization's marijuana was grown and used locally. __________________________________________________________________________ Distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. - --- MAP posted-by: Jay Bergstrom------------------------------ End of Restore-Digest V2002 #202 ******************************** Restore News Today Visit our sister site crrh.org
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