ORGANIZATION NEWS:

1. Join the OPN Speakers Bureau

2. 15-Minute Mission of the Month

STATE NEWS:

3. OSU SSDP Hosts Drug Education Week

4. No Indictments Returned in Helriggle Death

NATIONAL NEWS:

5. Jurors in Rosenthal Case Reject Their Own Verdict

6. Urge Congress to Remove Medical Marijuana "Gag"

7. State Lawmakers Craft Bill On Pot Defense

8. 2003 Marijuana Law Reform Legislation Introduced In States Nationwide

9 Drug Czar Defies Nevada Election Officials

10. Bush Treatment Initiative Draws Mixed Reviews from Reformers

11. Smoke And Mirrors Cloud 2003 White House Anti-Drug Budget

12. White House Anti-Drug Ads Foster “Pro-Drug” Beliefs In Teens, Federal Review Finds

13. White House Office of Management and Budget Gives the DEA a Failing Grade

14. FDA Approves Clinical Application For US Trials of Synthetic Pot For Head Trauma

INTERNATIONAL NEWS:

15. New Dutch Regulations to License Prescription Pot Growers

The following items are included in every OPNews:

* OPNews Disclaimer

* You Are Invited to OPN Meetings

* How to Get Your Information in OPNews

* How to be Removed from the OPNews List

* How To Contact Your State Representative And Senator

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1. JOIN THE OPN SPEAKERS BUREAU

 Do you know any health or patient organizations that want to learn the facts about the therapeutic uses of marijuana?  Do you have a compelling story to tell?  If your answer is yes, or even maybe, then you need to get involved with the OPN Speakers Bureau.

OPN advocates for the right of patients to use marijuana therapeutically in the State of Ohio. To better relate our story to the media, legislators, health officials and the public, OPN is establishing a Speakers Bureau that will offer trained speakers to civic, religious, patient, and health organizations based on geographic region or specialty.

 "This is a chance to put OPN ‘on the map’," says OPN President John Precup. "While we already have five volunteer speakers and a professional speaking coach, we’ll need many more members to help promote the facts about marijuana as medicine."

Speakers receive free speech training, educational flyers and lots of moral support.  So if you’d like to participate as a speaker, if you know of a group who needs a speaker, or if you’re interested in volunteering for this committee, please contact John Precup at jprecup@ohiopatient.net. 

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2. 15-MINUTE MISSION OF THE MONTH

by Deirdre Zoretic

Have you ever noticed how frustrating it can be to help your child with their homework?  There are some things that I can explain and demonstrate over and over, and my son just has no idea what I am talking about.  When my husband tells him, it all seems to make sense.

This month, I would like for you to send me (dzoretic@ohiopatient.net) any moral expressions, religious doctrines, old sayings, and/or cliches that you use in relation to the War on Medical Marijuana.  Show me how your feelings about the medical use of cannabis fits into your belief system.

Maybe your words will be the ones that turn on the light bulb in some politician’s head.

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3. OSU SSDP HOSTS DRUG EDUCATION WEEK 

The Ohio State University chapter of Students for Sensible Drug Policy is hosting Drug Education Week February 24-27.  The theme for this educational forum is "D.A.R.E. to End the Drug War"

A variety of activities will be held on the OSU campus, including a town hall meeting.  More details are at http://www.service.ohio-state.edu/students/ssdp/event.htm.

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4. NO INDICTMENTS RETURNED IN HELRIGGLE DEATH

Special Prosecutor: Case Far From Over

Source: Dayton Daily News, February 5, 2003.  Copyright: 2003 Dayton Daily News http://www.activedayton.com/partners/ddn/.  The entire article is archived at: http://www.mapinc.org/drugnews/v03/n190/a03.html.

By: Cathy Mong, Dayton Daily News

(Eaton, OH)  A Preble County grand jury on Tuesday declined to indict Preble County Sheriff's Emergency Services Unit officers in the shooting of 23-year-old Clayton Helriggle, and a special prosecutor called his death a justifiable homicide.

The jury also declined to indict any of the four other people living with Helriggle in the Lanier Twp. farmhouse on any charges stemming from a marijuana-trafficking warrant served by the special police squad when officers stormed Helriggle's house on Sept. 27 in a heavily armed raid.

"It's heartbreaking and a tragedy, but the (legal) focus (into criminal wrongdoing) is very narrow," said Suzanne Schmidt, first assistant to Greene County Prosecutor William Schenck, who was called in to handle the investigation.

Schmidt said the Greene County prosecutor's staff "did the best we could do. No stone was left unturned."...

In announcing the grand jury's decision Tuesday, Schenck said the case is "far from over." Helriggle's relatives told him they intend to seek relief in a civil court and possibly through an FBI investigation, Schenck said.

[snip]

NOTE:  For more information, see the February 13 Dayton Daily News article: “Helriggle Was Armed, Report Says”, which is archived at http://www.mapinc.org/drugnews/v03/n242/a11.html.

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5. JURORS IN ROSENTHAL CASE REJECT THEIR OWN VERDICT

Demand New Trial For City-Sanctioned Medical Pot Provider

Source:  NORML News, February 6, 2003 http://www.norml.org/index.cfm?Group_ID=5548

(Oakland, CA)  Many of the jurors who convicted noted marijuana author and cultivation expert Ed Rosenthal are now protesting their verdict and demanding he receive a new trial. On Tuesday [February 4], jurors held a press conference to condemn their verdict, and announce that they would have acquitted Rosenthal had the judge allowed him to explain that he was authorized by the City of Oakland to grow medical marijuana under state law.

Throughout Rosenthal’s trial, federal Judge Charles Breyer had prohibited the jury from considering any evidence pertaining to medical marijuana or Proposition 215, ruling, "The purpose for which the marijuana was grown is not a defense and is irrelevant." Jurors maintain that they were unaware of the context of Rosenthal's activities until after the trial.

In a prepared statement presented Tuesday on behalf of eight of the 14 sitting jurors, foreman Charles Sackett III said, "I fail to understand how evidence and testimony that is pertinent, imperative and representative to state government policy, as well as doctor and patient rights, and indeed your own family, are irrelevant to this case."

In a follow up editorial published by the San Jose Mercury News, juror Marney Craig wrote: "Last week, I did something so profoundly wrong that it will haunt me for the rest of my life. I helped send a man to prison who doesn't belong there... This is insane... All Ed Rosenthal did was grow some plants, but he wasn't allowed to tell us why."

San Francisco District Attorney Terence Hallinan called the jurors' demand for a new trial unprecedented. "I don't know if ever before in history have the majority of jurors held a press conference to say they were misled and misunderstood what they were doing when they rendered a guilty verdict."...

Rosenthal faces five to 85 years in prison for marijuana cultivation. Judge Breyer ruled earlier this week that Rosenthal may remain free on bail until his sentencing, scheduled for June 4.

EDITOR’S NOTES: 

*In response to the case, Americans for Safe Access sponsored “EVICT THE DEA for Medical Marijuana Week” February 15-22.  You can learn more about this nation-wide week of action at: http://safeaccessnow.org/article.php?id=234

 *Ed Rosenthal will be a featured speaker at the 2003 NORML Conference in San Francisco on April 17-19 (see www.norml.org). 

 *The Rosenthal case has received considerable media attention around the nation.  The Media Awareness Project has archived more than 100 news stories at http://www.mapinc.org/people/Ed+Rosenthal.

 *National coverage of the story includes:

 ---Associated Press (Wire) January 31 2003 article: 'GURU OF GANJA' FOUND GUILTY OF MARIJUANA CULTIVATION www.mapinc.org/drugnews/v03/n159/a09.html.

 ---New York Times February 4, 2003 editorial:  MISGUIDED MARIJUANA WAR http://www.mapinc.org/drugnews/v03.n177.a05.html

---CNN Connie Chung Tonight:  LEGAL MARIJUANA GROWER CONVICTED BY OVERRIDING FEDERAL LAW; aired February 6, 2003 - 20:00   ET (first segment of show).  The transcript of the story is at http://www.cnn.com/TRANSCRIPTS/0302/06/cct.00.html and the video (10 min.) is at http://drugpolicycentral.com/real/dpfca/chung.rm

---CNN NewsNight with Aaron Brown: THE CLASH OF MARIJUANA LAWS AND THE MAN CAUGHT IN THE MIDDLE; aired February 6, 2003 - 22:00   ET (last segment of show).  The story’s transcript is at http://www.cnn.com/TRANSCRIPTS/0302/06/asb.00.html

---Dateline NBC: HIGH CRIMES? MARIJUANA CASE PITS LOCAL COMMUNITY AGAINST FEDERAL LAW; aired February 21, 2003.  View the transcript at: http://www.mapinc.org/drugnews/v03/n280/a10.html

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6. URGE CONGRESS TO REMOVE MEDICAL MARIJUANA "GAG"

Source:  Marijuana Policy Project February 4, 2003 update.

...Why did the jury convict Ed Rosenthal? Because the federal judge prevented Rosenthal's defense team from making any mention of medical marijuana in court. His lawyers weren't even allowed to bring in city officials who had planned to testify that Rosenthal was growing marijuana as an officer of the city!

The judge instructed the jury to determine simply whether Rosenthal was growing marijuana and -- if he was -- they should send him to federal prison. The jury, feeling pressured to convict him and not hearing any real defense, found him guilty on all three counts.

If you believe that people who are arrested for marijuana should be able to argue their case in court without being gagged by a judge and trampled by prosecutors, please visit http://www.mpp.org/USA to fax a pre-written letter to your three members of Congress, urging them to change federal law.

NOTE:  Please help Ohio reach the MPP’s Top-10 list of states (measured by number of faxes per district).  You can choose to fax one of several different letters that MPP has crafted.  In just a few minutes, you can send a free fax to Senators DeWine and Voinovich and your U.S. Representative. 

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7. STATE LAWMAKERS CRAFT BILL ON POT DEFENSE

Bipartisan Plan Aimed to Provide Protection From Federal Criminal Conviction

Source: The Oakland Tribune, February 20, 2003.  Copyright 2003 MediaNews Group, Inc. and ANG Newspapers. http://www.oaklandtribune.com/.  View the archived article at http://www.mapinc.org/drugnews/v03/n274/a06.html.

By: Josh Richman, Staff Writer

Three California members of Congress are preparing a bipartisan bill to let medical marijuana users, growers and providers protect themselves from federal criminal conviction -- a bill sure to face an uphill battle. 

Reps.  Sam Farr, D-Carmel; Lynn Woolsey, D-Petaluma; and Dana Rohrabacher, R-Huntington Beach, are "putting together a bill that would basically say that in states that have medical marijuana statutes, you are able to use as a defense that you were in possession or distributing ...  marijuana for medical reasons," said Rochelle Dornatt, Farr's chief of staff. 

"If you would present that evidence and the jury agrees, you would be found not guilty," she said; if a jury remained unconvinced the intent was medicinal, a defendant would still be convicted under the Controlled Substances Act.  "The idea is that juries need to know whether you were doing something you believed was lawful."

Dornatt said the bill was inspired in part by the recent federal convictions of medical marijuana growers Ed Rosenthal of Oakland and Bryan Epis of Chico.  Farr also was concerned about last year's Drug Enforcement Administration raid of the Wo/Men's Alliance for Medical Marijuana cooperative near Santa Cruz within his district. 

[snip]

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8. 2003 MARIJUANA LAW REFORM LEGISLATION INTRODUCED IN STATES NATIONWIDE

Source:  NORML News, January 30, 2003 http://www.norml.org/index.cfm?Group_ID=5532

(Washington, DC)  2003 looks to be a significant year for state legislation seeking to liberalize marijuana laws. Legislation regarding the legalization of medical cannabis, the cultivation of industrial hemp, and the decriminalization of marijuana for personal use has already been introduced in numerous states. For a complete list of bills, please visit: http://capwiz.com/norml2/issues/.

Medical Marijuana

Bills to legalize the use of medicinal marijuana by qualified patients have been introduced in Connecticut, New Mexico, Vermont and Wyoming. Legislation remains pending in Maryland, Missouri, New York and Wisconsin, among other states. In Vermont, the Senate Health and Welfare Committee is expected to introduce a companion bill next week to legalize the use of medicinal cannabis by patients who have their doctor’s permission. In Maryland, newly appointed Governor Robert Ehrlich has publicly stated he will sign medical marijuana legislation into law. Several versions of medical marijuana legislation are now pending in that state's legislature.

Decriminalization

A pair of House and Senate bills have been introduced in the Connecticut legislature to lessen the penalty for the possession of up to four ounces of marijuana from a criminal misdemeanor to an infraction punishable by a fine only. Similar decriminalization bills are also pending in Massachusetts.

Industrial Hemp

Legislation calling on the Maine Department of Agriculture to study the feasibility of industrial hemp is currently before the House Committee on Agriculture, Conservation and Forestry. Similar research bills have been passed in Hawaii, North Dakota and Vermont, among other states.

NOTES: 

For a breakdown of Ohio’s current marijuana laws, see http://www.norml.org/index.cfm?wtm_view=&Group_ID=4557.

You can also track action in any state through the MPP (http://www.mpp.org/index.html).  MPP’s Ohio action alert web page is at:   http://www.mpp.org/OH/index.html.

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9. DRUG CZAR DEFIES NEVADA ELECTION OFFICIALS

Refuses to Disclose Money Spent Against Marijuana Initiative

Source:  Marijuana Policy Project January 28, 2003 Press Release.  View the entire release at http://www.mpp.org/releases/nr012803.html.

(Washington, DC)  White House "Drug Czar" John Walters today refused to report how much money he spent campaigning against Question 9, Nevada's November 2002 marijuana initiative. Walters' refusal came in response to a written request from Nevada Secretary of State Dean Heller that he explain his failure to file campaign finance reports as required by Nevada law.

In a Jan. 27 letter to Heller, Walters' office claimed he was "immune" from Nevada's campaign finance law "as a federal officer acting within the scope of duties, including speaking out about the dangers of illegal drugs."

Heller's Jan. 14 letter to Walters, issued in response to a complaint filed by the Marijuana Policy Project, reminded Walters that Nevada statutes require "the reporting of contributions and expenses for every person or group of persons organized formally or informally who advocates the passage or defeat of a question or group of questions on the ballot at any election."

Walters flew to Nevada twice to campaign against Question 9, traveling around the state in a motorcade with a security detail to speak at anti-Question 9 events.

[snip]

MPP has filed a separate complaint with the federal Office of Special Counsel charging Walters with violating the federal Hatch Act, which restricts campaign activity by federal officials. A response to that complaint is still pending.

For more information, check out the MPP’s War on Drug Czar at http://www.mpp.org/WarOnDrugCzar/index.html.

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10. BUSH TREATMENT INITIATIVE DRAWS MIXED REVIEWS FROM REFORMERS

Source:  The Week Online with DRCNet Issue #274, 1/31/03 http://www.drcnet.org/wol/274.html#bushinitiative

During his State of the Union address, President Bush announced a new drug treatment initiative, promising a $600 million dollar program to place an additional 300,000 people in treatment during the next three years. "As a government," said Bush, "we are fighting illegal drugs by cutting off supplies, and reducing demand through anti-drug education programs. Yet for those already addicted, the fight against drugs is a fight for their own lives."

Bush tied the treatment initiative to his push for faith-based initiatives as "acts of compassion that can transform America, one heart and one soul at a time."

[snip]

Drug reformers and treatment experts greeted the announcement with a mixture of wariness, mistrust and hope. "We hope this means that people given vouchers can seek out not just unproven faith-based programs, but also treatment modalities that are well-studied and known to be effective," said Bill McColl, a policy analyst for the Drug Policy Alliance (http://www.drugpolicy.org). "Study after study has shown there are effective forms of treatment, such as cognitive behavior therapy and moderation management"...

 If groups like DPA and CSDP expressed reservations about the initiative, organizations representing marijuana users -- the vast majority of all drug users -- are even less excited. Among drug czar Walters' other initiatives is the ongoing campaign to portray marijuana as a dangerously addictive drug and its users as drug addicts needing treatment.

 [snip]

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11. SMOKE AND MIRRORS CLOUD 2003 WHITE HOUSE ANTI-DRUG BUDGET

Source:  NORML News, February 13, 2003

http://www.norml.org/index.cfm?Group_ID=5555

(Washington, DC)  Revised budget numbers released this week for the Bush Administration's 2003 "National Drug Control Strategy" are not what they seem, according to an analysis by Common Sense for Drug Policy (CSDP) and the Drug Policy Alliance (DPA). Both groups note that this year's budget deliberately conceals billions of dollars in law enforcement spending, while inflating expenditures on treatment services...

"An analysis of the new budget numbers revealed that by hiding the costs of incarceration, military activities and other known costs of the drug war, the Office of National Drug Control Policy was able to bring their enforcement-to-treatment levels more into line with public sentiment," said the DPA. The DPA further found that the ONDCP is inflating their spending on drug treatment programs by including funding for alcohol treatment, "which by law is specifically excluded from their scope of responsibilities."

 [snip]

NOTE:  View the CSDP Research Report “Revising the Federal Drug Control Budget Report: Changing Methodology to Hide the Cost of the Drug War?” at: http://www.csdp.org/research/ondcpenron.pdf

The DPA analysis is available at http://www.drugpolicy.org/news/pressroom/pressrelease/pr021203.cfm

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12. WHITE HOUSE ANTI-DRUG ADS FOSTER “PRO-DRUG” BELIEFS IN TEENS, FEDERAL REVIEW FINDS

Source: NORML News, February 13, 2003 http://www.norml.org/index.cfm?Group_ID=5556.  View the report’s executive summary at http://www.nida.nih.gov/despr/westat/Westat2003/ExecSum.PDF

(Washington, DC)  Federal anti-drug ads released after September 11, 2001 alleging that recreational drug use aids terrorism fail to discourage viewers from trying marijuana and other drugs, and may actually increase use among teens, according to an evaluation released last month by Westat Inc. and the Annenberg Public Policy Center of the University of Pennsylvania for the US National Institute on Drug Abuse (NIDA).

The review found "little evidence" that the White House's Youth Anti-Drug Media Campaign, which recently spent more than than $4 million dollars to air a pair of anti-drug public service announcements (PSAs) during January's Super Bowl broadcast, is having any favorable effects on youth's attitudes toward marijuana or other drugs.

"There is no statistically significant decline in marijuana use to date, and some evidence for an increase in use from 2000 to 2001," authors determined. "Nor are there improvements in beliefs and attitudes about marijuana use between 2000 and the first half of 2002. Contrarily, there are some unfavorable trends in youth anti-marijuana beliefs."

For example, authors noted, "Those who were more exposed to the Campaign (from November 1999 to January 2001) tended to move more markedly in a 'pro-drug' direction as they aged than those who were exposed less."

The Westat and Annenberg review is their second straight evaluation criticizing the White House ad campaign.

[snip]

NOTE:  In response to the Drug Czar’s anti-marijuana media blitz, the MPP has sponsored anti-prohibition ads that will begin airing February 27.  View the press release “TV Campaign Challenges Drug Czar's Anti-Marijuana Ads” and link to the MPP’s and ONDCP’s commercials at http://www.mpp.org/releases/nr022603.html. 

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13. WHITE HOUSE OFFICE OF MANAGEMENT AND BUDGET GIVES THE DEA A FAILING GRADE

Source:  Budget of the United States Government, Fiscal Year 2004 – Performance and Management Assessments. http://www.whitehouse.gov/omb/budget/fy2004/pma/dea.pdf

The White House Office of Management and Budget (OMB) recently rated the DEA’s effectiveness and concluded “results not demonstrated.” 

Despite the DEA’s nearly $1.5 billion budget for 2002, the OMB found: 

“1. DEA is unable to demonstrate its progress in reducing the availability of illegal drugs in the U. S. While DEA has developed some strategic goals and objectives, these goals lack specificity in targets and time frames.

2. DEA recently developed two annual performance measures to assess its impact on disrupting the drug supply.  However, these measures need further refinement to establish links to an impact on drug availability, baseline data, and ambitious targets.

3. DEA managers are not held accountable for achieving results.”

Specifically, the OMB gave the DEA the following ratings on a 100-point scale:  Purpose-90; Planning-14; Management-34; Results/Accountability-0 (yes, that’s ZERO!).

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14. FDA APPROVES CLINICAL APPLICATION FOR US TRIALS OF SYNTHETIC POT FOR HEAD TRAUMA

Source:  NORML News, February 20, 2003 http://www.norml.org/index.cfm?Group_ID=5560

(Iselin, NJ)  An Israeli-based pharmaceutical company announced this week that the US Food and Drug Administration (FDA) has accepted its Investigational New Drug (IND) application to begin Phase III human trials in the United States on the effectiveness of the synthetic marijuana derivative Dexanabinol for the treatment of Traumatic Brain Injury (TBI). It is the first time that US regulatory officials have sanctioned such trials to take place in America.

Phase III is the final stage of drug testing before regulatory approval...

Hundreds of Americans are anticipated to take part in the trials, joining more than 500 patients already enrolled in over 60 neurotrauma centers throughout Europe, Australia and Israel. "Subject to the results of the study, we intend to submit the data of the combined international and US study to the FDA and to other international regulatory agencies for worldwide marketing approvals," said Pharmos Company President Gad Riesenfield. "If approved, Dexanabinol would be the first pharmaceutical product for head injury."

A previous Phase II trial by Pharmos of 67 Israeli patients demonstrated that Dexanabinol reduced mortality and eased intracranial pressure in volunteers suffering from severe head injuries. A 1998 U.S. Army rat study also reported that the administration of Dexanabinol five minutes after the onset of nerve gas-induced seizures significantly reduced brain damage.

Similar research conducted by scientists at the National Institutes for Mental Health found that naturally occurring cannabinoids THC and cannabidiol (CBD) are also neuroprotective. A 1999 report by the National Academy of Sciences' Institute of Medicine (IOM) called cannabis' neuroprotective qualities the "most prominent" of its potential therapeutic applications.

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15. NEW DUTCH REGULATIONS TO LICENSE PRESCRIPTION POT GROWERS

Will Allow Pharmacies To Stock Medical Cannabis

Source:  NORML News, February 6, 2003 http://www.norml.org/index.cfm?Group_ID=5549

(The Hague, the Netherlands)  Pending changes in Dutch law will allow federal health officials to license medicinal marijuana cultivators, and permit pharmacies to provide prescription-grade cannabis for medical use. The new regulations, which were first announced last April, are expected to be enacted by March 17, 2003, according to a spokesman from the Dutch Ministry of Health.

Licensing will be overseen by the Netherlands’ Office of Medicinal Cannabis (BMC) of the Health Ministry, which was established in 2000 to study and regulate the use of medical marijuana. All of the marijuana grown by state-licensed cultivators will be sold to the Office and eventually provided to Dutch pharmacies. Patients who possess a doctor’s prescription to use medicinal cannabis will be able to obtain marijuana at the pharmacies, just as they would any other prescription drug.

Once implemented, the Netherlands will be the first nation in the world to regulate and distribute medical cannabis in pharmacies. Similar regulations enacted in Canada in 2001 allow for the state to distribute medical marijuana to qualified patients, but to date Health Canada has not allowed any of its harvested cannabis to be available to the public.

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The following items are included in every OPNews:

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OPNews DISCLAIMER

OPNews, a publication of Ohio Patient Network (OPN), provides medical cannabis news that affects Ohio patients, caregivers, and health professionals.

All articles are intended for educational purposes and do not reflect an official position, either positive or negative, by the OPN or its Board of Directors.

Ohio Patient Network does not endorse any candidates running for office. The reports of campaign-related activities are for educational purposes only.

For more information, contact Jean Taddie, Editor (editor@ohiopatient.net).

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YOU ARE INVITED TO OPN MEETINGS

The OPN Board of Directors invites you to participate in the OPN planning meetings. Electronic voice/text meetings are held at the OPN chatroom in PalTalk.

To receive PalTalk and meeting room instructions, as well as date and time information, contact info@ohiopatient.net.

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HOW TO GET YOUR INFORMATION IN OPNews

OPNews is published monthly. To have your information considered for publication, submit your story to editor@ohiopatient.net.

PLEASE DO NOT SEND ATTACHMENTS. Please do not boldface or italicize text. Include a contact name with a phone number and/or e-mail address with submissions.

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HOW TO BE REMOVED FROM THE OPNews LIST

You may sign off this list at any time by using the webform at www.ohiopatient.net.

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HOW TO CONTACT YOUR STATE REPRESENTATIVE AND SENATOR 

Find your Representative in the Ohio House at http://www.house.state.oh.us/jsps/Representatives.jsp

Find your Ohio Senator at http://www.senate.state.oh.us/senators/

Write to your officials care of their district office, or send your letter to their Columbus office at:

The Honorable (name)

Ohio House of Representatives

77 South High Street

Columbus, Ohio 43266-0603

-or-

The Honorable (name)

Ohio Senate Building

Columbus, Ohio 43215

Telephone calls and emails are also persuasive, especially when the constituent contacts the district office.