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Claudio Cappuccino
Testi originali Maggio 2000
Mon, 24 Apr 2000 - Indianapolis Star (IN)
LIMITATIONS OF POWER
It was, said Rep. Henry Hyde, "a throwback to the old Soviet system,
where justice is the justice of the government, and the citizen
doesn't have a chance." Hyde, chairman of the House Judiciary
Committee, was referring to a 1984 anti-drug law that allowed
federal agents and police wide leeway to seize property and use
the proceeds to finance their budgets. Hyde sponsored a bill limiting
seizures that was passed recently by Congress, approved by President
Clinton and supported by such diverse groups as the Trial Lawyers
Association, the American Civil Liberties Union and the National
Rifle Association. The 1984 law authorized seizure based on nothing
more than "probable cause" to suspect the property was involved
in criminal activity. Owners did not have to be convicted or even
charged with implication in a crime. In fact, in more than 80
percent of seizure cases, criminal charges were never brought.
So Hyde's description was on target. The old law was embarrassingly
close to the Soviet way of doing things. Not incidentally, it
proved a windfall for crime-fighting agencies. The annual flow
of cash, houses, sports cars, vehicles and other assets to the
Justice Department escalated from $27 million in 1985 to $449
million in 1998. Local authorities could act on their own or,
when involved in a federal case, get a share of the proceeds.
Law enforcement groups opposed amending the law, saying it would
devastate department budgets and make it easier for drug dealers
to escape punishment. In numerous instances, however, the 1984
law was exploited and innocent people were wronged. Often they
had no knowledge of illegal activities. Parents had their homes
seized because a son was growing marijuana on the property. Families
were evicted because a member was charged with drug abuse. A man
lost his business because a drug peddler was caught plying his
trade in a restroom. In one particularly egregious case, a Florida
family had its 4,000-acre ranch seized on suspicion it was a landing
strip for a drug-carrying plane that crashed nearby. It took the
family four years and thousands of dollars to get the property
back. A court ruled the police had no reason to believe the family
knew of any drug flights. The new law would make it easier for
government to seize property once the owner is convicted of a
crime. But minus a conviction, the government must prove the property
had been used for criminal activity or was bought with the proceeds
from a crime. Should the owner challenge the confiscation, the
government must present a "preponderance of evidence" that the
property was substantially connected with criminal activity. The
law also eliminates a requirement that owners challenging confiscation
must post a cash bond worth 10 percent of the property's value.
Hyde battled seven years to impose limits on seizure power. That
he has finally succeeded is a tribute to his persistence and to
the belated, but still welcome, common sense of Congress.
www.starnews.com
06 May 2000 - National Post (Canada)
Luiza Chwialkowska
MARIJUANA GROWERS SOUGHT, EXPERIENCED NEED NOT APPLY
Ottawa Looking For High-Grade Supply For Clinical Trials
OTTAWA - The federal government is seeking individuals or corporations
to supply Health Canada with hundreds of kilograms of high-quality
marijuana, Allan Rock, the Health Minister, announced yesterday.
The "affordable, quality, standardized marijuana products" sought
by the government must be grown in Canada and will be used in
clinical trials that will investigate potential medical benefits
of the drug, according to a Request for Proposals issued by the
Department of Public Works. The five-year contract would pay approximately
$5-million. Proposals are due by June 6 and a contractor will
be chosen this summer. Bidders on the contract will have to obtain
a special licence, pass a security check, and cannot employ personnel
with past criminal drug convictions. Officials at Public Works
would not comment on whether proposals from existing growers could
potentially lead to their arrest. "They're not being asked to
describe their marijuana-growing operations. They are being asked
to describe a proposal for setting up marijuana-growing operations,"
said Fran Gerhberg, a spokeswoman for Public Works. "If you are
growing it already, you are growing it illegally," she noted.
The supplier will be required to maintain "stringent security"
at its facility. A legal marijuana supply is part of the marijuana
research plan announced by Mr. Rock last June. "Establishing a
Canadian source of research-grade marijuana is an important step
in putting our plan into action, and we will proceed expeditiously,"
Mr. Rock said in a statement yesterday. The government is reviewing
a number of research proposals and could begin supplying marijuana
to patients in a matter of months.
www.nationalpost.com
06 May 2000 - Vancouver Sun
Ken MacQueen
B.C. TO OTTAWA: 'THIS BUD'S FOR YOU'
Health Canada Calls For Tenders To Supply High-grade Medical
Cannabis.
British Columbia's multi-billion-dollar pot industry has a chance
to go legit with the news Friday that Health Canada is calling
for tenders to supply high-grade medical marijuana. Announcement
of the long-awaited tender was greeted with elation by Hilary
Black, founder of Vancouver's Compassion Club Society. The three-year-old
club operates in a legal grey zone, supplying medical marijuana
to more than 1,000 members with such diseases as AIDS, glaucoma
and multiple sclerosis. "We've been waiting for this," Black said
Friday. "That's great that the bid is finally out." Brian Taylor,
the former mayor of Grand Forks, called the news a huge economic
opportunity for the province and a chance to rehabilitate the
reputation of so-called B.C. Bud. Taylor has worked for more than
three years to establish the Cannabis Research Institute in Grand
Forks, designed specifically to supply medical marijuana for the
Canadian and export market. Critics have called him a dreamer
or a criminal, but Taylor was feeling a sense of vindication Friday,
saying his company, which is being underwritten by a private share
offering, is well placed to bid for the five-year contract. "This
calls for a whole different way of looking at B.C. pot," he said
in an interview from Grand Forks. "Instead of it being bike gangs
and Asian gangs and police intrusions, this potentially is a major
market for B.C. The reputation has been established illicitly,
but it could be maintained in a [legal] marijuana market for medical
purposes." B.C.'s reputation for high-quality marijuana has earned
it international criticism from U.S. and even United Nations drug
enforcement agencies. The Organized Crime Agency of B.C. says
there are 10,000 illegal growing operations in B.C., producing
an annual crop worth more than $3 billion for consumption and
export. The government-sanctioned marijuana will be used for clinical
research trials to gather scientific evidence on its safety and
effectiveness in treating medical conditions. Some seriously ill
people say the drug, when smoked or eaten in foods such as brownies,
can ease symptoms of many diseases. Black says those at the Compassion
Club find the drug can ease pain, cut nausea, reduce the shaking
of spastic or degenerative diseases and stimulate appetites, among
other benefits. Health Minister Allan Rock has issued legal exemptions
to several dozen seriously ill Canadians, allowing them to use
the drug. However, until now, he has not acted to provide a supply
for the ill or for research. The contract calls for a "reliable
source of affordable, quality, standardized marijuana products"
for clinical trials. The supplier would have to grow and store
the product, manufacture it into cigarettes and distribute it
to "recipients authorized by Health Canada." Black said she hopes
the Compassion Club will be able to share in the supply, after
years of relying on growers who put themselves at considerable
legal risk. Taylor, gambling on the potential of medical marijuana,
has already acquired land, and established a plan to grow both
outdoor and hydroponic organic marijuana. He also has an extensive
security plan in place to ensure the crop isn't stolen from the
fields or hijacked on the way to market. "B.C. needs this new
industry," he said. "If we allow this to slide into the hands
of Quebec or an Ontario market, I think we've made a real mistake."
He called Health Canada's announcement the start of "a more sensible
approach" to marijuana. The bids must be submitted to Ottawa by
June 6 and a crop must be ready within a year. But Taylor was
taking a few minutes to celebrate. "I've waited so long, I'm going
to savour it," he said. "I'm going to have a glass of wine and
sit down." Today, Vancouver cannabis activists have organized
a "millennium marijuana march" starting at 2 p.m. at the Vancouver
Art Gallery at Georgia and Howe and proceeding to Stanley Park.
The event, including music, face-painting and a pot seed giveaway,
is part of an international effort to end the "global pot prohibition"
against medical or recreational use of the drug.
www.vancouversun.com
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