Quick Hits (page 2)
Santa Cruz to sue feds over medical marijuana raids
By: Martha Mendoza (AP National Writer)
In hopes of stopping federal agents from again raiding a farm that provides marijuana to sick and dying people, Santa Cruz officials said they will file a lawsuit against Attorney General John Ashcroft and the Drug Enforcement Administration.
Attorneys representing the city and county of Santa Cruz, as well as seven medical marijuana users, said Monday they plan to file the papers Wednesday in San Jose federal court.
"The city of Santa Cruz wants to prevent raids on medical marijuana. This is a public health issue to this community," said Santa Cruz City Attorney John Barisone on Monday.
The lawsuit comes in response to a DEA raid last September at a small pot farm located on a quiet coastal road about 15 miles north of town. Agents uprooted about 165 plants and arrested the owners, Valerie and Michael Corral.
The raid outraged local officials, who have since sponsored a medical marijuana giveaway from the steps of City Hall. They also deputized the Corrals, who are the founders the Wo/Men's Alliance for Medical Marijuana, allowing them to cultivate, distribute and possess medical marijuana under a city ordinance.
Lawyers for Santa Cruz said the lawsuit will claim that the seven patient plaintiffs have had their medicine substantially decreased since the raid, and that WAMM has been unable to provide its patients with necessary medicine. This has caused an "insurmountable" level of pain and suffering and hastened the deaths of the most vulnerable WAMM members, lawyers said.
The lawsuit, to filed as County of Santa Cruz v. Ashcroft et. al, asks the federal courts to enjoin the federal government from raiding the WAMM gardens in the future.
DEA spokesman Richard Meyer in San Francisco said Monday he could not comment on pending litigation, but that his agency's mission is very clear: "To enforce the Controlled Substances Act."
Marijuana is an illegal drug under that law. State law in California -- as well as Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington -- allows marijuana to be grown and distributed to people with a doctor's prescription.
Meyer said that raiding medical marijuana clubs and farms is the DEA's duty.
"Our goal is to seize illegal drugs and arrest the perpetrators and bring them to justice," he said.
Santa Clara University law professor Gerald Uelmen, one of several attorneys representing the medical marijuana users, has said this case could be an important step toward ending the legal contradiction between state and federal laws.
Last May, the Supreme Court ruled that people charged with violating federal drug laws cannot use medical necessity their defense. But Uelmen said the justices left open whether states could legalize medical marijuana under the 10th Amendment, which grants states powers not exercised by the federal government, or under the 14th Amendment's right to due process.
Community members in this liberal central California community repeatedly have supported medical marijuana.
In 1992, 77 percent of Santa Cruz voters approved a measure ending the prohibition of medical marijuana. Four years later, state voters approved Proposition 215, which allows marijuana for medicinal purposes. And in 2000, the city council approved an ordinance allowing medical marijuana to be grown and used without a prescription.
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Growin' Our Own (page 2)
Man the Life Boats
By: Elmore Stone
But not that one!
Everybody knows about life boats. The Titanic comes to mind quite clearly. What most people do not know is that U.S. Navy ships don't use conventional life boats. They use self inflating life rafts that are sealed in vulcanized, break apart containers.
Oh, baby. A true technical marvel these things are. The containers are two piece, slightly over 1 1/2 meters in length and just under a meter in diameter. Packaged weight (25 man life raft included) is about 700 pounds. There are over two hundred containerized life rafts mounted on the outboard railings of the catwalks on a typical aircraft carrier (see the red hand pointing to a container in the image).
These most important, last ditch crew survival equipments come with three real handy-dandy features. First and foremost is that nobody, and I mean nobody, wants to mess with the life rafts. Sailors lives may depend on them. Second is that the containers do require a minimal inspection and maintenance now and again. This inspection, etc., falls under the jurisdiction of the Deck department and probably the First division of the Deck department. Which, in turn, means Boatswain mates (pronounced Bosun or Boats for short) and in particular Chief Boatswain Mates (BMC). Nobody with two or more brain cells to rub against each other is going to mess with a Chief. Especially a BMC. Last, but of prime importance, is no law enforcement organization or customs unit, be they military or civilian, are going to search life raft containers. They wouldn't dare. It just isn't done. There are too many of them for one thing. Besides, once a container has been opened it is automatically not ready for use until it has been repackaged, sealed and tested.
Which is why they are perfect for smuggling!
Believe me when I say this: those containers are a bundle of joy. Not that all, or even nearly all, life raft containers are used for smuggling. Only a very, very few are chosen for the privilege of enhancing commerce.
Most times these containers of pure happiness are used on what I call the "pineapple express route." In other words, Hawaii to California. The port of Honolulu, Hawaii, while not a port for naval ships, is a major cargo port for the Pacific rim. Trade from all parts of the far east. It is important to keep in mind that Naval Station Pearl Harbor, Hawaii ain't all that far from the Port of Honolulu. However, those type of transactions would only take place if the smuggler intends on bringing back into California opium or heroin.
Those senior enlisted folks who do partake in this extra curricular activity normally don't smuggle opium or heroin. Instead, they tend to stick with pot and hashish. The "soft" drugs or junior varsity, if you will. Most pot and hashish transactions therefore take place in Pearl City, Hawaii. Those who graduate or make the varsity and smuggle in the hard stuff tend to conduct business in Honolulu.
When it comes down to this kind of smuggling operation, well any kind of smuggling operation for that matter, it all boils down to three things: profit margin, physical size of the cargo and the amount of risk the smuggler is willing to take.
Consider for moment 125 pounds. That is the standard weight of a three wire bale of alfalfa. You know, the stuff you feed to horses and cows. Well a three wire bale measures approximately 44" x 24" x 16". A bale of, oh, let us say Maui Wowi is therefore out of the question. The bale simply won't fit in the container. Besides, there would be some rather embarrassing questions the military man would have to answer as he tried to carry a bale of Maui up the gangway onto the ship, all the while reeking of the smell of fresh marijuana. Far too risky.
That is why, friends and neighbors, these smugglers, with the rare exception of a varsity player, limit themselves to vacuum sealed bricks of pot or hashish. Tipping the scale at one kilo (2.2 pounds) apiece, an enterprising person can bring quite a few bricks onboard a navy ship without a soul raising an eyebrow. And the more senior the person, the better. The money is good, the physical size of the product is more than workable, and the risk has been vastly diminished. Win, win, win all the way around. Don't you just love free enterprise?
Another benefit of having senior people involved is age. These guys have been around 15 - 20 years or more. Therefore they know both places and people. Contacts and connections. Not just military contacts, but some civilian contacts as well. And, because of their age and experience, they are neither brash nor in a hurry. Additionally, these same guys are in a position of automatically being "in the know." They know the ship's schedule. They know the ship's routine. The navy would cease to function without them. Junior people are taught respect for seniors from day one and, just as important, not to question a senior. Just do what you are told. Military discipline can be, and most certainly is, a great benefit to the military entrepreneur. Officers (also known as "zeros") defer to the judgment of the Chief. Lastly, because of their age and seniority, they are, without question, trusted.
On a typical aircraft carrier, if the air wing is embarked, there are about 5,000 people onboard. A bird farm is nothing more than organized chaos. Everybody has something to do and whatever that something is, it is going on round-the-clock. That is just how it is. The beauty of all of this is that nobody really gets to know somebody else ... real well. Secondly, with all the commotion and movement going on, bringing something or quite a few somethings onboard while tied to the pier is a matter of routine. The norm. Once again, the risk of being busted is greatly reduced.
Once the cargo of goodies are onboard it is time to stow them safely away in one, maybe two, life raft containers. This procedure is done, for the most part, during normal working hours. An inspection of a certain life raft container is commenced. The Bosun skillfully manipulates the break apart black band, removes the top half of the container, does his inspection of the packaged life raft, places the top half back on and finally re-seals the container. From start to finish the time involved was less than half an hour and no one is the wiser. Once underway from Pearl Harbor, the trip from Hawaii to California is only a matter of a few days.
The city of San Diego is a lovely city, it really is. It is also home to the second largest naval base in the world. Only the one at Norfolk, Virginia is larger. The carrier piers at Naval Air Station North Island are almost always busy. San Diego is also at the cross roads of Interstates 5, 8, 10, 15 and 40.
Getting the goodies off the ship is just as easy, if not easier than getting them on the ship in Hawaii. Further, North Island is connected to San Diego and Interstate 5 by means of a four lane bridge. It only takes 15 minutes from North Island to be on I-5 and truckin' north. You can pick up the other interstates off the 5.
How deliveries are made and how payment in full is received is up to the individual smuggler. Some use pre-arranged drop points. Some use intermediaries. A few are full service, the smuggler delivers the goods to the buyers himself. Some insist upon a down payment before the trip to Hawaii is made. Thirty to fifty percent down is not uncommon. However, it must be noted that is kind of transaction is only done if the smuggler knows full well that the ship will be coming straight back. Not diverted to some distant shore because of an international crisis. It has happened and when it has the smuggler is placed in a real bind with the buyers. Intermediaries, in conjunction with drop points for both delivery and payment, have worked well for years and continue to do so.
One thing that the military smuggler knows will get him burnt in a heart beat is living outside his means. The navy does indeed frown on guys who engage in this sort of enterprise. And the easiest way for Joe Smuggler to end up as a resident of the military cross bars hotel, Fort Leavenworth, Kansas is to spend way more money than he legitimately takes in. If the smuggler shows to work one day driving a brand new BMW, well, eyebrows get raised and those pesky questions start being asked.
Make no mistake, these guys are smart. They have a thriving business going. Plus anytime after 20 years of active service they can retire and draw a pension from Uncle Sam. Hey, life is good. They are not going to blow it by acting in a stupid fashion. Not a chance. Have you ever read or seen on T.V. any bust? You won't either.
The navy. It's not just a job. It's an adventure. See your http://www.navyjobs.com recruiter today.
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Pipeline (page 2)
Canada's Pending Drug Law Irks U.S.
By: Janice Tibbetts (CanWest News Service)
Justice Minister Martin Cauchon says he has not consulted his American counterparts on his plans to relax Canada's marijuana laws -- prompting a warning from a White House official that sidelining the U.S. could become another irritant in relations between the federal government and Washington.
Failure to talk to the Americans about pending marijuana laws is akin to Canada unilaterally setting up "open-air toxic waste sites"along the border, said Tom Riley, public affairs director for the White House office of drug control policy.
"I think there is a bit of an analog here," said Mr. Riley, repeating U.S. drug czar John Walters' assertion that eased drug laws will trigger tighter security checks for Canadians who cross the border.
Mr. Cauchon intends to introduce legislation late this spring to decriminalize possession of less than 30 grams of marijuana, the equivalent of about 25 cigarettes. People caught with small amounts would be punished with a fine rather than a criminal record.
Decriminalization will be yet another sore point in already fragile Canada-U.S. relations, predicted Chris Sands, a Canadian expert with the Center for International and Strategic Studies in Washington.
"I know that Canadian politicians think this shouldn't be turned into such a big deal, but there is no room for persuasion down here and I think it's going to be very damaging if Canada chooses to go ahead.
"My guess is they'll decriminalize, start paying the price and then consult, which is the worst way to do things. It is better to consult before than after a tragedy."
Mr. Cauchon said that he has not talked to the Americans about his plans, nor would he confirm whether they would be among the stakeholders who will be asked for input after he tables his bill.
"We haven't talked to the Americans so far," he said. "We may be talking to the Americans after we have made up our mind as regard to the policy. My primary goal here -- I'm minister of justice for Canada -- is to make sure we are going to have a good policy here in Canada, for Canadians."
But he said he wants to send a message to the U.S. that marijuana will still be illegal in Canada and that police will be instructed to be vigilant in enforcing the law.
Mike Murphy, a spokesman for Mr. Cauchon, said there have been lower-level consultations among bureaucrats in the U.S. and Canada, but he would give no further details. He added that Canada should be free to make its own laws and does not intend to back down to satisfy the U.S.
While Mr. Sands agreed that the U.S. should not be able to dictate Canadian law, he said that high-level consultations would be useful so that Canadian politicians could get a better picture of how "uptight" the U.S. is about softening drug laws.
"I know most Canadians think of it has a happy, happy, hippie, free-love issue, but it's really an indictment against Canadian law enforcement that is going to be hard to shake if you go forward with it," Mr. Sands said.
"Any consultation that helps drill that in with Canadian government officials is helpful."
The U.S. is particularly concerned because of the growing presence of potent B.C. bud, which landed Canada for the first time this year on a list of drug countries that U.S. President George W. Bush sent to Congress in January.
"I think a lot of eyebrows were raised about Canada being on a list with Columbia and Guatemala and Mexico and Haiti and countries like that," said Mr. Riley.
Mr. Sands had grim predictions for how U.S. law enforcement officials will treat Canadians after Canada softens its drug laws.
"What I think will probably start happening is they'll demand a list of everybody who is not arrested for marijuana possession but is found in possession of marijuana by the cops and they'll want to have that as part of the record when your passport is scanned," he said.
"There will be another whole category of Canadians who have diminished access to the United States."
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