(Marijuananews note: The dog that didnt
bark is a classic mystery clue. But how do you document something that didnt happen?
This is one more instance in which Mapinc is using the Internet to revolutionize the
public discourse, and "revolutionize" is not too strong a word. When the war
on us is finally over, Mapinc will be the civil institution that is studied most.
In the present instance, the media blackout out on the Philadelphia hearing is
absolute, but when the month of March is over, there will be overwhelming evidence that
the international media, especially in DEAland have left the public uninformed about many
important developments involving medical marijuana around the world.
This media malfeasance is something that I deal with almost every
day, but only Mapinc has the resources to document the full extent of it.
Mapinc has also included a story from High Times, not the New
York Times, whose motto is mocked above.)
See
Medical
Marijuana and the Internet
and
The Media, Monica, and
Marijuana
and
Marijuana Prohibition,
Media Criticism, Copyrights and the 8th and 9th Commandments.
By Richard Lake with input from various Mapinc Newshawks
http://www.mapinc.org
March 8, 1999
Sources as shown below
Note: The story we thought would be among the top news items for our readers last week
appears to have never made it to print.
Though our Newshawks searched hard for it, there is no
evidence so far that this story made the wire services, or even the local press in
Philadelphia. Yes, some local TV coverage was reported. But where was the rest of the
media?
Knowing of our readers interest, we provide the High Times intro story below, and
links to two other on-line summaries as well two pictures of the participants in this
historical event - as a rare exception to our policy of not carrying web-published only
items.
Our friend Richard Cowan provides these Internet articles:
Report From Philadelphia: The Class Action Suit Goes Forward With The Government on The
Defensive - 3 Prominent Lawyers Join Plaintiffs Team: http://www.marijuananews.com/report_from_philadelphia.htm
A Legal Overview of the Medical Marijuana Class Action Case - By Michael D. Cutler,
Esq.: http://www.marijuananews.com/a_legal_overview_of_the_medical_.htm
And Frank S. World has posted on his website these pictures of the patients at the
Liberty Bell:
http://www.geocities.com/CapitolHill/Lobby/7417/images/ac_at_bell.jpg
http://www.geocities.com/CapitolHill/Lobby/7417/images/ac_chairsbell.jpg

Background From High Times News on-line
March 2, 1998
By Dean Latimer - Special to HT News
Website http://www.hightimes.com/
Nearly a hundred documented medical patients from around the United States are
convening in Philadelphia this week, many in wheelchairs, to learn exactly why the federal
Department of Justice thinks they all ought to be in prison.
As plaintiffs in a class-action lawsuit against the DoJ, all are self-admitted
"users" of marijuana.
At a hearing on Wednesday, March 3, attorneys for the DoJ are scheduled to demand that
their lawsuit be dismissed out of hand, leaving them open to criminal prosecution.
"This is not the kind of club you want to be a member of," observes Jeff
Jones, director of the Oakland Cannabis Cooperative, who will be on hand in Philadelphia.
Also present will be Elvy Musikka, a Florida glaucoma patient who receives legal marijuana
through a special federal program, and can document that it has preserved her eyesight for
decades.
Lynnette Shaw, director of the still-functioning Marin Alliance for Medical Marijuana
near San Francisco, will be there, along with Andrea Nagy, whose Ventura County
medical-cannabis co-op near LA. was zoned out of existence last year. Nearly all the
plaintiffs have already been dragged repeatedly into court as defendants, and are standing
up for tens of thousands of other US patients who have to use pot medicinally in secret,
in daily danger of arrest and prosecution. One quadriplegic plaintiff whose attendance had
been expected, Daniel Asbury of Toledo, OH, was busted by US Customs just last week, over
a package of medical-grade cannabis which had been mailed to his address from Europe.
The "Peoples Class Action For Freedom From Government Prohibition of
Therapeutic Cannabis", initiated two years ago by Philadelphia public-interest lawyer
Lawrence Hirsch, ( http://www.fairlaw.org/ ) has
already gone much, much further than the Department of Justice is comfortable with. When
Hirsch filed it last July in Philadelphia Federal District Court, challenging the basic
constitutionality of the marijuana laws and calling for government accommodation of
medical-marijuana patients needs as a matter of compassion, the DoJs lawyers
curtly responded, in essence, that only Congress is empowered to change any drug laws, not
the courts.
This routine DoJ argument did not prevail with the Hon. Marvin Katz, 68, the
semi-retired federal judge presiding specially over this case. After carefully reading the
personal medical histories of all 165 plaintiffs, incorporated in the suit as sworn
affidavits, Judge Katz surprised both sides of the case by emphasizing the
governments obligation to exercise compassion in writing and enforcing the
lawsa precedent established in 1970, and cited by Hirsch for the first time in a
medical-marijuana context.
After that precedent was established in law, the federal government quickly initiated a
Compassionate Investigative New Drug program (IND) for medical-marijuana patients, Hirsch
argued for the class-action plaintiffs. Under this program, hundreds of
government-processed marijuana cigarettes were distributed monthly to patients suffering
from glaucoma, cancer and other documented conditions. Although it (somewhat mysteriously)
stopped accepting new patients in 1992, the Compassionate IND program still today provides
eight surviving individuals with medical pot, and protection from prosecution for
possessing it. Responding to this argument in Katzs courtroom last October, civil
attorneys for the DoJ and the DEA simply claimed that Hirschs suit "lacks merit
and should be dismissed as a matter of law." To their manifest surprise, reported
Hirschs paralegal, Joan Bello, Judge Katz asked them to explain exactly why the
Compassionate IND marijuana program had been effectively closed down in 1992. Bello,
author of The Benefits of Medical Marijuana and herself a patient-plaintiff, says Judge
Katz himself reacted with surprise when the Feds acknowledged that the IND programs
suspension had absolutely nothing to do with medicine. "It became clear," the
DoJ belatedly responded in a vague brief, "the potential widespread use of marijuana
for medical purposes under the program... was bad public policy."
Critics of the governments "public policy" toward medicinal cannabis
have long contended that the IND program was closed down simply because too many AIDS
patients were asking to enlist in it, and the Feds were averse to "sending a
message" that homosexuals and intravenous drug addicts, however sick they may be,
deserve compassionate exception to punitive drug laws. On Wednesday, the Department of
Justice will be responding to these critics, and their response will be covered in this
space.