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Liberal Classic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 06:51 PM
Original message
New law bans drug reform rallies
From Marijuana.com (kinda like Slashdot for NORML)

http://marijuana.com/article.php?sid=7473&mode=nested&order=0



A new law has been passed in America which is being used to
stifle freedom of speech and shut down events which promote
changes to the nation's drug laws.

The legislation, crafted by Delaware Democrat Senator
Joseph Biden, was originally introduced in 2001 as the RAVE
Act (RAVE being a clever acronym standing for Reducing
Americans' Vulnerability to Ecstasy). Free speech activists
and civil libertarians originally managed to stop the bill from
being passed, but Biden outmaneuvered his opponents.

Biden renamed his bill the Illicit Drug Anti-Proliferation Act, and had a House-Senate
conference committee attach it to the popular PROTECT Act, a bill ostensibly aimed at
child-protection (Prosecutorial Remedies and Other Tools to End the Exploitation of
Children Today). Bush signed the bill into law on April 30, 2003.

Biden has denied the legislation would harm legitimate nightclubs or events. He claims the
measure is aimed solely at unscrupulous event promoters or club owners who "knowingly"
allow, encourage, or promote drug use and sales on their premises.

Yet those who analyzed the bill claim it is has a far broader reach. "All you have to do is
prove drug use is going on at an establishment to go after the organizers," said Bill Piper,
spokesman for Drug Policy Alliance, which has analyzed the law. "In theory, they could go
after you if one person smokes marijuana at your barbecue."

Fundraiser shut down

The DEA's first use of the new law extended the agency's scope from anti-drugs to
anti-freedoms.

On May 30, holding a copy of the new law in one hand, DEA agent Dan Dunlap shut down
a fundraiser for Students for Sensible Drug Policy (SSDP) and the National Organization
for the Reform of Marijuana Laws (NORML). The fundraiser, scheduled for later that
night at the Eagles' Hall in Billings, Montana, was to have featured local bands and
performers.

Agent Dunlap warned hall owners that if even a single person lit a joint during the event,
the hall owners could be charged, fined up to $250,000 and face 20 years in prison. He also
told them that undercover DEA agents and cops would be on patrol to see what unfolded.
Hall owners were suitably intimidated and canceled the event.

A storm of media outrage followed, but DEA Agent in Charge Jeff Sweetin staunchly
defended his office's actions, saying he feared the fundraiser might have broken into a
round of marijuana use and ecstacy-popping. Agent Sweetin told the media he had saved
himself having to "talk to the mother of some girl who was doped or raped or killed" at the
event.

Running for cover

A number of activist groups, including the SSDP, NORML and the American Civil
Liberties Union, have promised to fight the Illicit Drug Anti-Proliferation Act in court, and
to try to have it repealed.

Meanwhile, organizers of upcoming hemp festivals and electronic music events are
increasingly concerned, and some party promoters have already run for cover.

The Wisconsin Weedstock festival relocated to Canada, joining up with the Planetary Pride
Hempfest in Ophir, Ontario for their annual August event. In California, the Sonoma Health
and Harmony Festival canceled plans to have a medical marijuana smoking area.

The Denver radio station KTCL even held a contest to rename their local event, formerly
called "Rave on the rocks" to exclude the "R-word."

The first application of the new law showed that the DEA have been empowered as
political and cultural police, to fine and jail any group that speaks against the status quo.
They will use this law pre-emptively, to scare venue owners from hosting these kinds of
events on their property.

Glow stick ban

The Illicit Drug Anti-Proliferation Act is an expansion of the so-called "crack-house law"
passed in 1986, which applies to an indoor space used repeatedly for the use, sale or
manufacturing of an illegal drug. In contrast, the new law can be applied to one-time
events such as an outdoor concert, or a party at a private home.

Event promoters have been uncertain about their future since 2001, when the feds used the
"crack-house law" to prosecute the owners of Barbecue of New Orleans, which
promotes well-attended dance parties at a downtown theater.

The federal government sought to send the event promoter to jail even though there was
no evidence he was involved in drugs, and he took active steps to keep illegal substances
out of the club.

Barbecue of New Orleans organizers agreed to a plea bargain which included a $100,000
fine, five years probation, and a ban on glow sticks, pacifiers, mentholated inhalers and
other such items from any future events. They also agreed to eliminate air-conditioned
"chill out" rooms where patrons could cool off after dancing.

The ACLU challenged the ban on the legal items as unconstitutionally limiting freedom of
expression, but prosecutors appealed to the Fifth Circuit Court of Appeals, where the ban
was upheld in July 2003.

-----------------------------------

My quick reply:


Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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arcane1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 06:57 PM
Response to Original message
1. Biden PISSED ME OFF with his slimy sneaking of this crap
:grr:
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Liberal Classic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 08:03 PM
Response to Reply #1
3. Sen. Joe Biden (D-DE) and Rep. Tom Feeney (R-FL)
The House approved it 400 - 25 and the Senate passed it unanimously!

What a bunch of crooks.
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Wcross Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 08:01 PM
Response to Original message
2. Don't get me started!- Too late!
The "war on drugs" is a lost cause, it is a war on people who use drugs. It has become a "profit center" for police departments. The temptation offered by confiscation laws makes it hard to resist.

I ask you, is marijuna worse than alcohol? Can you die from smoking too much pot? I know you can from drinking too much.

We have a disproportion of young black males in prison due to the "war on drugs". Why is that? It is a sorry world when more are in prison than in college. It is the same thing our country went through during the good old days of al Capone- illegal products that are in demand will make it to market one way or another. Along with the black market comes violence during territorial disputes and rip-offs.Do you see liquer store owners shooting it out over a corner?

I favor an end to this war on people, it is doing more harm than good. Legalize and tax it in the same way we tax booze. There would be no change in the availability, just a serious drop in the related crime. For harder drugs such as meth,crack,heroin ect.. use the Swiss model and hand out addicts cards that allow them the purchase of safe narcotics. Offer counciling and intervention programs to ween them off the hard stuff, but take some of the dangers of the illegal trade out of the business.

It is clear that our current approach is NOT working.
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Liberal Classic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 08:07 PM
Response to Reply #2
4. Alcohol prohibition was an abject failure also
However, I understand that people want to punish drunk drivers. I believe that it is possible on both marijuana and alcohol to become too impaired to drive. What we do in the privacy of our own homes is no-one's business, but this act sends chills down my spine. This sets such a dangerous precedent. If it becomes contrary to the law to hold political rallies and thanks to campaign finance reform we can't run ads against candidates 90 days before the election, then free speech is a fraud. Our whole constitution and bill of rights have been abrogated by the frauds in D.C.
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Wcross Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 08:23 PM
Response to Reply #4
5. A$$croft & friends
The only thing I can agree with him on is gun rights. He seems to have forgotten all the other rights afforded Americans by the Bill of Rights. I support the entire Bill of Rights.
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Art_from_Ark Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 08:34 PM
Response to Reply #5
6. One reason why they have left the 2nd Amendment alone
is that much of their support comes from people who think that the 2nd Amendment IS the Bill of Rights.
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Wcross Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 09:00 PM
Response to Reply #6
7. Yup
Lots of "selective" rights people everywhere you look. Don't like that one, like that one ect...........
There are also those who pretend the second ammendment doesn't exist. They are just as dispicable as those who work to deprive us any of our other rights.
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Liberal Classic Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-30-03 11:31 PM
Response to Reply #6
8. In that case it makes them hypocritical
If the 2nd amendment means something, then the 1st and 4th amendments ought to mean something, too.
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Wcross Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-03 05:22 PM
Response to Reply #8
9. I am in total agreement
Should I discard the second because asscroft seems to like that one? All or none.
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1a2b3c Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-03 05:43 PM
Response to Reply #6
10. A voice from nowhere
Who knows what he is talking about.

I dont know you but it made sense.
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1a2b3c Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-03 05:50 PM
Response to Original message
11. anyone have a link to these bills?
I am not seeing how it is within the 1st amendment to shut down a fundraiser for the SSDP and NORML.
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Liberal Classic Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-06-03 10:19 AM
Response to Reply #11
13. Thomas.loc.gov doesn't save searches but here's some info
------------------ Senate Version


The Senate bill # S226 called the "Illicit Drug Anti-Proliferation Act of
2003"108th CONGRESS

1st Session

S. 226

To prohibit an individual from knowingly opening, maintaining, managing,
controlling, renting, leasing, making available for use, or profiting from
any place for the purpose of manufacturing, distributing, or using any
controlled substance, and for other purposes.

IN THE SENATE OF THE UNITED STATES

January 28, 2003

Mr. BIDEN (for himself, Mr. GRASSLEY, Mr. LIEBERMAN, and Mrs. FEINSTEIN)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary



A BILL

To prohibit an individual from knowingly opening, maintaining, managing,
controlling, renting, leasing, making available for use, or profiting from
any place for the purpose of manufacturing, distributing, or using any
controlled substance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Illicit Drug Anti-Proliferation Act of
2003'.

SEC. 2. OFFENSES.

(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21
U.S.C. 856(a)) is amended--

(1) in paragraph (1), by striking `open or maintain any place'
and inserting `open, lease, rent, use, or maintain any place, whether
permanently or temporarily,'; and

(2) by striking paragraph (2) and inserting the following:

`(2) manage or control any place, whether permanently or
temporarily, either as an owner, lessee, agent, employee, occupant, or
mortgagee, and knowingly and intentionally rent, lease, profit from, or
make available for use, with or without compensation, the place for the
purpose of unlawfully manufacturing, storing, distributing, or using a
controlled substance.'.

(b) TECHNICAL AMENDMENT- The heading to section 416 of the Controlled
Substances Act (21 U.S.C. 856) is amended to read as follows:

`SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'.

(c) CONFORMING AMENDMENT- The table of contents to title II of the
Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking
the item relating to section 416 and inserting the following:

`Sec. 416. Maintaining drug-involved premises.'.

SEC. 3. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED
PREMISES.

Section 416 of the Controlled Substances Act (21 U.S.C. 856) is
amended by adding at the end the following:

`(d)(1) Any person who violates subsection (a) shall be subject to a
civil penalty of not more than the greater of--

`(A) $250,000; or

`(B) 2 times the gross receipts, either known or estimated, that
were derived from each violation that is attributable to the person.

`(2) If a civil penalty is calculated under paragraph (1)(B), and
there is more than 1 defendant, the court may apportion the penalty
between multiple violators, but each violator shall be jointly and
severally liable for the civil penalty under this subsection.

`(e) Any person who violates subsection (a) shall be subject to
declaratory and injunctive remedies as set forth in section 403(f).'.

SEC. 4. DECLARATORY AND INJUNCTIVE REMEDIES.

Section 403(f)(1) of the Controlled Substances Act (21 U.S.C.
843(f)(1)) is amended by striking `this section or section 402' and
inserting `this section, section 402, or 416'.

SEC. 5. SENTENCING COMMISSION GUIDELINES.

The United States Sentencing Commission shall--

(1) review the Federal sentencing guidelines with respect to
offenses involving gamma hydroxybutyric acid (GHB);

(2) consider amending the Federal sentencing guidelines to
provide for increased penalties such that those penalties reflect the
seriousness of offenses involving GHB and the need to deter them; and

(3) take any other action the Commission considers necessary to
carry out this section.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION
COORDINATOR.

There is authorized to be appropriated $5,900,000 to the Drug
Enforcement Administration of the Department of Justice for the hiring of
a special agent in each State to serve as a Demand Reduction Coordinator.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.

There is authorized to be appropriated such sums as necessary to the
Drug Enforcement Administration of the Department of Justice to educate
youth, parents, and other interested adults about club drugs.



------------------ House Version


The House version is # H.R.718 called Reducing Americans' Vulnerability to
Ecstasy Act of 2003 (RAVE)


108th CONGRESS

1st Session

H. R. 718

To prohibit an individual from knowingly opening, maintaining, managing,
controlling, renting, leasing, making available for use, or profiting from
any placefor the purpose of manufacturing, distributing, or using any
controlled substance, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 12, 2003

Mr. COBLE (for himself and Mr. SMITH of Texas) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned



A BILL

To prohibit an individual from knowingly opening, maintaining, managing,
controlling, renting, leasing, making available for use, or profiting from
any place for the purpose of manufacturing, distributing, or using any
controlled substance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Reducing Americans' Vulnerability to
Ecstasy Act of 2003' or the `RAVE Act'.

SEC. 2. OFFENSES.

(a) IN GENERAL- Section 416(a) of the Controlled Substances Act (21
U.S.C. 856(a)) is amended--

(1) in paragraph (1), by striking `open or maintain any place'
and inserting `open, lease, rent, use, or maintain any place, whether
permanently or temporarily,'; and

(2) by striking paragraph (2) and inserting the following:

`(2) manage or control any place, whether permanently or
temporarily, either as an owner, lessee, agent, employee, occupant, or
mortgagee, and knowingly and intentionally rent, lease, profit from, or
make available for use, with or without compensation, the place for the
purpose of unlawfully manufacturing, storing, distributing, or using a
controlled substance.'.

(b) TECHNICAL AMENDMENT- The heading to section 416 of the Controlled
Substances Act (21 U.S.C. 856) is amended to read as follows:

`SEC. 416. MAINTAINING DRUG-INVOLVED PREMISES.'.

(c) CONFORMING AMENDMENT- The table of contents to title II of the
Comprehensive Drug Abuse and Prevention Act of 1970 is amended by striking
the item relating to section 416 and inserting the following:

`Sec. 416. Maintaining drug-involved premises.'.

SEC. 3. CIVIL PENALTY AND EQUITABLE RELIEF FOR MAINTAINING DRUG-INVOLVED
PREMISES.

Section 416 of the Controlled Substances Act (21 U.S.C. 856) is
amended by adding at the end the following:

`(d)(1) Any person who violates subsection (a) shall be subject to a
civil penalty of not more than the greater of--

`(A) $250,000; or

`(B) 2 times the gross receipts, either known or estimated, that
were derived from each violation that is attributable to the person.

`(2) If a civil penalty is calculated under paragraph (1)(B), and
there is more than 1 defendant, the court may apportion the penalty
between multiple violators, but each violator shall be jointly and
severally liable for the civil penalty under this subsection.

`(e) Any person who violates subsection (a) shall be subject to
declaratory and injunctive remedies as set forth in section 403(f).'.

SEC. 4. DECLARATORY AND INJUNCTIVE REMEDIES.

Section 403(f)(1) of the Controlled Substances Act (21 U.S.C.
843(f)(1)) is amended by striking `this section or section 402' and
inserting `this section, section 402, or 416'.

SEC. 5. SENTENCING COMMISSION GUIDELINES.

The United States Sentencing Commission shall--

(1) review the Federal sentencing guidelines with respect to
offenses involving gamma hydroxybutyric acid (GHB);

(2) consider amending the Federal sentencing guidelines to
provide for increased penalties such that those penalties reflect the
seriousness of offenses involving GHB and the need to deter them; and

(3) take any other action the Commission considers necessary to
carry out this section.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR A DEMAND REDUCTION
COORDINATOR.

There is authorized to be appropriated $5,900,000 to the Drug
Enforcement Administration of the Department of Justice for the hiring of
a special agent in each State to serve as a Demand Reduction Coordinator.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR DRUG EDUCATION.

There is authorized to be appropriated such sums as necessary to the
Drug Enforcement Administration of the Department of Justice to educate
youth, parents, and other interested adults about the drugs associated
with raves.
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Nikia Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-02-03 05:59 PM
Response to Original message
12. That's horrible
I'll have to sneak into some Rebublican rally with a joint though if this law becomes widely practiced.
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iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-06-03 11:28 AM
Response to Original message
14. sincere question
(Idle though it is, me being a furriner and all.)

First, just to try to head off any pointless banter: I oppose the criminalization of marijuana and probably of other drugs/narcotics; I support measures like the "safe injection site" that has recently been opened in Vancouver (whether or not drugs are criminally prohibited) as essential and legitimate harm-reduction activities; I oppose every nook and cranny of the US war on drugs ...

But what I'm not getting (and yes, I read the bill contents reproduced in this thread) is what this has to do with freedom of speech. Apparently the ACLU thinks it does, and while I'm not the ACLU's biggest fan, I assume that it has some basis for the things it says.

Can anybody explain this for me?



Btw, for those who might be interested in that safe injection site story:

http://www.cbc.ca/stories/2003/09/15/safe_injection030915

VANCOUVER - Vancouver is the first North American city to provide heroin users with a safe medical environment to take their drugs.

The supervised, safe-injection site, which will cost $2 million a year to operate, opened on Monday. It is expected to stop the spread of HIV and Hepatitis C from intravenous drug use and reduce the number of heroin deaths.

The safe-injection site, located in the Downtown Eastside, will operate 18 hours a day under the supervision of nurses. The neighbourhood is home to an estimated 4,000 injection drug users and a high number of people with HIV and Hepatitis C.

... Safe-injection sites have been criticized by high-profile individuals such as U.S. drug czar John Walters as being havens that will encourage heroin use. The Vancouver site is seen as a welcome neighbourhood service by the city's former mayor, Philip Owen and current mayor, Larry Campbell.

The situation has been complicated by the existence of a parallel private "safe injection site" opened by users who weren't willing to wait for the officially-sanctioned site, and apparently weren't willing to close down when it did open; police raided it the other day.

.
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grannylib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-31-03 12:15 AM
Response to Original message
15. Geez I am glad I read this...
Biden, you weasel...unconstitutional as hell, and who cares? Our rights are being trampled all over the place by Shrubbie and his minions, and now we have BIDEN helping them???
Disgraceful...
Gotta go - call/e-mail/write him RIGHT NOW....
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Valarauko Donating Member (227 posts) Send PM | Profile | Ignore Fri Oct-31-03 05:50 AM
Response to Original message
16. It is now obvious that
Both sides of the political debate have been hijacked by people who care little about our freedom.

And the Drug War goes on.
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grannylib Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-31-03 10:17 AM
Response to Reply #16
17. Check out this link for some sanity on this issue
From Sojourner's magazine, May/June 20003:
http://www.sojo.net/index.cfm?action=magazine.contents&issue=soj0305

There are three articles on this site that are accessible on line, free.
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SlavesandBulldozers Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-31-03 10:33 AM
Response to Original message
18. the warrior class
what are all the uneducated, hyper-religious, Limbaugh-listening 2-finger-mustached DEA agents going to do if all drug laws were lifted? Do you realize how many unemployed ex-highschool football players we'd have in this country?
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