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Marijuana & the War on Drugs: On Three Fronts by Carol Miller

Like any war, with its battles and casualties, the U. S. War on Drugs is being fought on many fronts. And like the citizens in any civil war, it is often difficult for us to know what is happening, except that it is all around us, a dangerous time. Some fronts are more dangerous than others. But one thing is clear, 'The government has never been tougher on marijuana offenders than it is today, and with wide disparities of penalties among states, offenders can never be sure it they'll receive a slap on the wrist or life in prison." (Press Democrat,"94) Private individuals fight their lonely battles, for the most part unnoticed and unaided by the rest of the marijuana community, partially because the media keeps the public in the dark, and partly because citizen's are too terrified and intimidated to support fellow users or growers.

Just as it is difficult to organize the struggle in any war where people are sent to prison for belonging to the opposition( and where else can they determine you are a member of the opposition by testing your urine), it is increasingly difficult to raise the rabble to fight and overcome the repression that stifles the spirits and destroys individuals and families. Mandatory minimum sentencing has become a weapon of unbelievable magnitude in this war on the citizens of the United States. But the greatest difficulty in overcoming this darkness is lack of and mis-information as reported or not reported in the media.

Two years ago, when Clinton was elected, the media led people to believe that Clinton would be a savior for the spirit of reason on the medical marijuana issue. And when he chose Joscelyn Elders as Surgeon General the media led everyone to hope for the best. Nowhere except in the Drug Policy Foundation newsletter(or the FREE PRESS) did you read Dr. Grinspoon's excellent analysis of the possibilities for legalization of marijuana, the herb, as a prescribable drug, which he said were zero. He insisted that personal use legalization, state by state would be the only way marijuana the herb would ever be legalized, and he gave several excellent reasons. First of all the process for getting permission from the FDA for a new drug was prohibitively expensive(millions) and takes at lease three years of research for EACH medical use of the new drug. Second, there is no precedence for an herb passing the strict pharmaceutical guidelines, where normally only chemical compounds with a very limited number of components are tested. Third, and most important, no one could get a patent on the herb to recoup their losses on the research, which seriously limits the incentive to press forward through the muck and mire of FDA red tape, throwing millions away in the process.

Back to the current struggle: it is hard to see one's way into battle, even for the courageous. But just in case there are any readers out there who really want to know where and how they might be of help, here is a brief report from three fronts and our analysis of what could be done to unify the forces of freedom and justice.

THE LEGISLATIVE FRONT

At this fall's annual National NORML Conference, Rep. Barnie Frank (D,M) addressed the federal drug war, calling it an outrage. Frank, a relatively radical gay rights advocate, sits on the house committee which oversees the Federal Drug Interdiction programs, replacing Don Edwards on the Committee on Civil and Constitutional Rights. Frank has committed to hold hearings on the program in the spring. When asked what this year's budget for the Drug Interdiction program is, he responded that it was classified, he didn't even know. He guessed $ 10 billion, plus. When further questioned about the chances that medical marijuana legislation would make it through Congress during the Clinton Administration, Frank indicated there was not a snowball's chance in hell.

Here in California, you may have heard that Medical Marijuana has passed the Legislature. This is true, but what does it mean? First of all the Marks Bill (1364) was no gem of legislative courage. It would not make it legal to possess or cultivate marijuana for medical use. It might have made it legal for a physician to prescribe it. But where would a patient procure the herb legally? Nowhere!! If Wilson signed it, the bill could have paved the way for an easy medical necessity challenge in the courts. But what, really, do you think the chances are that Wilson will sign it (or the needle exchange bill, for that matter). They both sits on his desk as I write this. By the time you read this both pieces of legislation will be paper trash.

Also on Wilson's desk, with an almost certain chance of signature is the "Smoke a Joint, Loose your License" bill which requires that anyone convicted of possession of ANY amount of marijuana ANYWHERE looses their driver's license for a year. Once again, we hear almost nothing in the mainstream press regarding this draconian legislation. Actually Laura Hamburg, Rep Dan Hamburg's daughter, and the EXAMINER"S Washington correspondent, wrote a good piece covering the history of this mess. California NORML is planning a civil disobedience in Sacramento in October.

But the greatest disaster in this war on drugs has been the crime bill and the increased penalties for drug related felonies under its shadow. A very important "Safety Valve" supported by FAMM ( Families Against Mandatory Minimums) would have retroactively exempted drug-related, non-violent, cooperating defendants from the increased mandatory minimums. The NRA waged a media attack starring Charlton Heston, no kidding, and convinced America that this Safety Valve would put 10,000 druggies back on the street, which indeed it would have, at great savings to the taxpayers and great relief the the families of these non-violent offenders. The compromise bill which Clinton signed last week has the safety valve, but it is not retroactive. It also watered down the Edwards Bill and the resolution of the Hoover Institute, which had called for a study of legalization as step toward "Drug Peace." Instead, a commission was created to study crime in general, which is a very different task with a predictably different outcome.

By the way, since we are speaking of the legislature, anyone in Lynn Woolsey's Congressional district should really drop her a line and let her know that her constituants want her to take a positive role in the legalization of cannabis-hemp. She is a strong opponent, and not representing her district on this issue. Let's let her know where we stand.!

THE INITIATIVE FRONT

There are three ways to change law in this country. Besides the legislative arena, the State of California provides the initiative process for the popularists who cannot pay their issues's way through the Legislature. The third arena for political reform is, of course, the courts, which we will also discuss.

The initiative process, may have been intended to provide a way for alternative political input to become law. But is not a budget procedure by any stretch of the imagination. It could be possible to qualify an initiative for under a million, but that hasn't been done in years. There are only a few "volunteer" initiatives which have ever made it to the ballot. Once on the ballot, we will face the $$$ of the drug companies.

Never the less, Citizens for Compassionate Use, headed by long time marijuana and gay rights activist, Dennis Peron, is planning a medical marijuana initiative for the 1996 election. Peron was Harvey Milch's campaign manager( Milch, you recall was San Francisco's first gay supervisor, killed when mayor Moscone was shot). Peron himself was shot in a raid on his home, and ran the Milck campaign from prison. A tireless crusader for marijuana rights, Peron was author of San Francisco's Prop P. medical initiative, which won by 80% three years ago, and he's recently opened a "buyer's club" for AIDS patients with a doctor's letter of diagnosis.

Tremendous support will be needed to put this initiative on the ballot. If you agree that legalization of medical marijuana is THE important battle, please send a contribution to Californians for Compassionate Use, care of Dennis Peron, 3745 17th st. San Francisco, CA 94114. And let him or SCRAP know if you will be willing to carry petitions next year. Dennis is putting together a coalition of AIDS, physicians, elderly, civil liberties and religious organizations, to work with the grassroots activists around the state. Please make a commitment to fight with us on this one, and to be prepared to help finance this effort. If the faces in Sacramento change radically in the next year, and medical legalization happens, as it should, through the legislature, any funds collected toward this initiative will be used to create local access programs for patients, so your dollars won't be wasted if you've contributed early. Your early support is needed to build the network needed to put this initiative on the ballot.

I recently asked Dale Geirringer, director of California NORML if there was any good news to report. he answered "Yes, the drug war is bankrupt!" Knowing what a financial mess Sacramento is, I hoped he meant financially. Alas, he was referring to the obvious moral bankruptcy. This struggle sure would be easier if they had less money, or we had more.

THE JUDICIAL FRONT

We have seen several Medical Necessity challenges make it through the courts, but of course, these are not appealed to the higher courts, making it difficult to win precedence.

In Germany the courts told their legislature that they had to legalize marijuana in some form, but the decisions have been carried out at the local level, with more liberal states such as Frankfurt coming up with much more liberal interpretations than more conservative states. Legalization looks like it will be one of the hot political issues there in the coming election.

Here in California, there are two cases to watch, both being argued by NORML lawyer William Logan of Three Rivers. One is a Medical Necessity challenge made by Jimmy Arrosco of Fresno. Arrosco, who uses marijuana for pain from a crushed ankle accident, is charged with cultivation of a small amount of marijuana, and is appealing his case to the district courts.

The first Religious Freedom case in years is being heard in Riverside County in what could be a really fun trial. Gregory Peck, of the Isreal Zion Coptic Church of Wisconsin was arrested on the I-5 with 50 pounds of Mexican, bringing it home to the congregation. For thirty years the Coptics have been arguing their religious rights, but for the first time in California, the judge has ruled in favor of allowing Logan to present the religious freedom argument to the jury. Watch for the trial, November 12th.

If you want to follow Marijauna and Hemp related news, you should consider subscribing to any of the following excellent publications:

Hemp World (Int. Hemp Journal)
Box 315, Sebastopol, CA 97573 (excellent!)

Hemp Quarterly
1304 W. Alabama, Houston, TX 77006

California NORML
2215 R Market St. #278, San Francisco, CA 94114

Drug Policy Foundation
4455 Connecticut Ave, NW, Washington, DC 20008-2302

And if you are able to support local legalization work, please send a contribution to SCRAP, Box 410, Cazadero, CA 95421.

October 1994

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