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06/10/2003: "Good News From NORML"

Federal Judge Rejects Government's Anti-Medicinal Pot Stance
Sentences Noted Marijuana Cultivator To One Day In Prison For Medical Marijuana Grow Operation

San Francisco, CA: A federal judge today sentenced noted marijuana author
and cultivation expert Ed Rosenthal to one day in prison with credit for time
served. Rosenthal could have faced as many as 60 years in prison after being
convicted in January on three counts related to marijuana cultivation.
Rosenthal grew marijuana to supply local patients who use it in accordance
with state law.

"This verdict is a marvelous victory for Ed Rosenthal, states' rights, and for
the medical use of marijuana," NORML Executive Director Keith Stroup said.
"It should send a strong message to the Bush Administration to stop wasting
federal resources arresting and prosecuting medicinal marijuana patients and
their caregivers, and to focus their efforts on serious crime �especially
anti-terrorism efforts."

Rosenthal maintained he had been deputized by the City of Oakland to supply
pot to local cooperatives that dispense it to state-qualified patients. His trial
gained international attention when jurors publicly recanted their guilty verdict,
and announced that they would have acquitted Rosenthal had the judge
allowed him to explain that he was legally authorized to grow medical marijuana
under state law. During Rosenthal's trial, District Judge Charles Breyer forbade
any testimony pertaining to medical cannabis or California's Prop. 215 because
federal law doesn't acknowledge that pot has medical value. "[T]he purpose for
which the marijuana was grown is not a defense and is irrelevant," Breyer ruled
during the trial.

Jurors maintained that they were unaware of the context of Rosenthal's activities
until after the trial, at which time they spoke out against their decision claiming
they were "misled" by government prosecutors.

The prosecution of Rosenthal by the federal Justice Department is indicative of
the Bush Administration's crackdown on the use of marijuana for medical purposes.
Since the Administration took office, federal drug enforcement officials have acted
against more than 35 medicinal marijuana patients, cooperatives and providers in
California alone. (California is one of eight states since 1996 that have legalized
the use and cultivation of medical marijuana under state law.) In addition, pending
Congressional legislation (H.R. 2086) contains language (Sec. 707) allowing the
Office of National Drug Control Policy (ONDCP) to reallocate as much as $60.5 million
in federal funds from the "High Intensity Drug Trafficking Areas Program" to target
and prosecute medicinal marijuana patients and their providers in states where the
use of physician-approved pot is legal. A separate provision in the bill would allow
the ONDCP to use taxpayer dollars to potentially fund partisan advertisements
targeting proposed state initiatives or laws seeking to legalize the medical use of marijuana.

"The Bush Administration, especially Attorney General John Ashcroft and Drug Czar
John Walters, are extreme anti-marijuana zealots who are out of touch with the
American public � 80 percent of whom approve of the medical use of marijuana,"
Stroup said. "It's time for the Administration to respect the will of the voters,
and stop needlessly targeting medicinal marijuana patients and their providers.
It is unconscionable to continue to deny an effective medication to those seriously
ill patients who need it and have a legal right to use it under state law."

For more information, please contact Keith Stroup, NORML Executive Director, at (202) 483-5500.


4 New Co-Sponsors to Medical Marijuana Bill

We are pleased to report that four new cosponsors have signed on to HR
2233, the States' Rights to Medical Marijuana Act, bringing the total
number of co-sponsors to 28. The latest representatives to sign onto the
bill are Rep. Tom Lantos [D-CA], Rep. John Oliver [D-MA], Rep. James Moran
[D-VA] and Rep. Mark Udall [D-CO].

This bill would reschedule marijuana under federal law so those states
that wish to legalize the medical use of marijuana under state law could
do so without federal interference. If this bill were approved by
Congress, federal prosecution of patients who qualify for medical use
under state law would end, and states could actually provide medical
marijuana to patients who qualify under state law.

NORML would like to thank those of you who took the time to write your
representatives urging them to co-sponsor HR 2233. Your letters of
support have already helped convince members to sign on to this important
legislation.


Congress Rejects Efforts To Use Federal Funds To Specifically
Target Medical Marijuana Users, Campaign Against State Initiatives
Amended Language Also Mandates White House Must Identify Itself As A Paid
Sponsor Of Anti-Drug Ads

Washington, DC: Lawmakers today voted to remove and/or clarify
several controversial provisions in Congressional legislation (H.R. 2086)
reauthorizing the Office of National Drug Control Policy (a.k.a. the Drug
Czar's office).

On a voice vote, members of the House Committee on Government Reform
approved an amended version of H.R. 2086. Among changes in the bill, the
amended version:

* Strikes existing language that would have allowed the Drug Czar to
reallocate as much as $60.5 million in federal funds from the "High
Intensity Drug Trafficking Areas Program" to target and prosecute
medicinal marijuana patients and their providers in states where the use
of physician approved pot is legal.

* Eliminates language that would have exempted the ONDCP from federal
FCC regulations obligating the agency to identify itself as a sponsor of
taxpayer funded anti-drug advertisements and/or embedded content in
television programs. The elimination of this provision assures that the
agency abides by a previous FCC ruling on behalf of The NORML Foundation
and the Media Access Project ordering that all public service
announcements (PSAs) broadcasted under the auspices of the White House's
National Youth Anti-Drug Media Campaign must identify the ONDCP as a paid
sponsor of the programming.

* Clarifies language forbidding taxpayer funded advertisements to be
used "for partisan political purposes," including efforts "to defeat any
clearly identified candidate ... or ballot initiative."

NORML Executive Director applauded the fact that some of the more
offensive provisions in the ONDCP reauthorization act had been amended,
while still questioning Congress's decision to refund the National Youth
Anti-Drug Media Campaign in light of studies concluding that it fails to
discourage drug use among target audiences.

"Thanks to these amendments and, in large part, the work of Rep.
Waxman, the drug Czar will not be permitted to spend our tax dollars in a
partisan political manner to influence state initiatives, nor will his
office be permitted to run ads without identifying the ONDCP as the
sponsor," Stroup said. "Nevertheless, we are disappointed that in this
era of fiscal belt-tightening Congress continues to fund an advertising
campaign with such proven poor performance, and that lacks any sort of
objective oversight. As long as the White House insists on substituting
'reefer madness' in lieu of honest information, its ads will continue to
have a negative impact on teens."

A separate amendment proposed by Rep. Henry Waxman (D-CA) to redirect
the Drug Czar's efforts away from issues pertaining to the medical use of
marijuana was rejected by the Committee. An additional amendment
introduced by Rep. Carolyn Maloney (D-14) mandating the ONDCP to notify
Congress of new print and television anti-drug advertisements 30 days
prior to their airing was withdrawn. The amended bill now goes before the full House for a vote.

For more information, please contact either Keith Stroup or Paul
Armentano of NORML at (202) 483-5500.

Related Resources

NORML - National Organization for the Reform of Marijuana Laws - http://www.norml.org

Replies: 4 Comments

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