The Entheogen Law ReporterIssue No. 20 ISSN 1074-8040 Winter 1998-99

The Poppy ParadoxSteven T. Jones

Beware: Reading This Article CouldMake You Into A Felon, But Not Reading

It Could Get You Arrested

hey are grayish-black flecks, suchweightless objects for their potential.

Poppy seeds grow into beautiful flowers, tastegood in muffins, and produce opium. It is thislatter trait that got Tom Dunbar and Jo-DHarrison into so much trouble.

Take the smallest pinch of poppy seeds,the exact same kind that top your bagel, andplant them. In a few days, they will sprout tinywhite stems, then slender green leaves, andwill keep growing into hardy annuals withvibrant flowers.

A couple of months into the spring growing season, the flowers will fall away, leavingin their place round seedpods filled with thousands of seeds and a milky sap that will oozeout through any slits made in the pod walls.That dried sap is opium, an illegal narcoticeven in its most natural form, possession ofwhich can send yon to prison.

.... Opiumism highly addictive drug that canbe* smoked or eaten, inducing a dreamy highthat< can last a few hours, or it can be pro-cessedinto morphine (an alkaloid found in

^ opium that is its main psychoactive compo-^Tient), heroin, codeine, or other drugs.

Yet the opium poppy, Papaver somniferum, is widely grown in San Luis ObispoCounty and across the country as an ornamental flower, and the seeds used to grow theopium poppy are available in any grocerystore.

"We bought our poppy seeds « Vons,"said Dunbar, who goes on trial next month forthe 203 poppy plants mat grew" in his ArroyoGrande garden'until they were seized by po-

-4ice4n May. *fThey were right between the"ipaprilor-and the*parsley.";>. ■Alphabetically,-Dunbar may not be right.

But he-is correct thatthe poppy seeds available in the spice section are usually Papaver

somniferum and can be easily grown intoopium poppy plants.

McCormick, the world's largest spicecompany, even identifies its poppy seeds asPapaver somniferum on its web site, noting,"The tiny poppy seed actually comes fromthe plant that produces opium." Conversely,such seeds grow the opium poppy.

The spice company claims it has developed varieties with "low narcotic potential,"a claim disputed as not possible by somepoppy experts. Yet classic opium poppy varieties can still be legally purchased fromgarden and seed companies, often advertising them with no warning that they produceopium or are illegal.

That connection between the commonlyavailable poppy seed and the illegal opiumplant is one that many of those charged withmeting out justice don't understand, such asSan Luis Obispo County District AttorneyGerry Shea, who was surprised by most ofthe above information.

"That's news to me—that it is availablecommercially," Shea said." Nonetheless, our country's drug laws

put possession of the opiunvpoppy - just theplant, regardless of whether the drug hasbeen extracted - in the same "felony categoryof such Schedule II narcotics as cocaine,morphine, and methamphetamine.

Sowing InformationOpium poppies have a rich and storied

history nearly 5,000 years long, one that hasswung from almost universal acceptance ofopium use, in which wars were fought topreserve its trade, to its condemnation onmoral grounds at the dawn of the 20th century.

But it is only in the last couple of yearsthat popular knowledge of the opiumpoppy's narcotic potential has truly blossomed among those Americans inclined toexperiment with recreational drugs.

That change began largely with Seattleauthor Jim Hogshire, who wrote a bookcalled Opium for the Masses, which in rumformed the basis for an April 1997 coverarticle in Harper's magazine called "Opium,Made Easy."

"Jim Hogshire and his book punctured aset of myths that served the government wellfor decades," Michael Pollan wrote in theHarper's article,1 in which he.chronicled bisown experience growing opium poppieswhile exatmning their legality.

That *set;Qf mythsBTvas the^rtrayil ofopium poppies as an txotic plant grownonly in the Far East, from wtiich opium wasmysteriously extracted, not a 'conirhonflower easily grown anywhere in the tJnitedStates, from which a child ettrid'extract

'{Continued on pag?211)

IN THIS ISSUE "* ■'■• ■ —*The Poppy Paradox"HAiiucwocBN"vJ*MppucrioN QuotasCHB ArrestsNew Law On Land-Border Crossing With Pharmaceutical DrugsMan Wait Herbs Busted For DUIKhat Arrests: Nationai and World-WideDEA Gathering Info on GHB PrecursorGovernment Lawyer in Peyote Way Case Publishes ArticleUS Supreme Court: Bad News/Good NewsPalpating the Pulse of LSD ArrestsKansas Court of Appeal Rejects Religious DefenseEntheogen Law News

* * >211212213214215216217218$19220221

■^■^■ I r f M M M H i a r a i ^ WThe Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481

aaaMM^BMMBlMM^ialalli

20 TELR 210

Poppy Paradox(Continued from page 210)opium with his or her fingernail.

"After reading the article in Harper's, Iwas curious," said Dunbar, whose case is bymany accounts one of the first opium poppyprosecutions ever brought in San Luis ObispoCounty.

While several of the poppies in Dunbar'syard had the slit seedpods that indicate opiumhad been extracted, Dunbar and Harrisondeny using the drag, saying they used thesubstance in the incense they make and grewthe poppies for their beautiful flowers and forthe seeds to feed to their many pet birds.

While that intent may not be enough tobeat the rap, Hogshire notes that prosecutionfor possession of opium or opium poppies isnot a simple matter. Hogshire himself gotraided two years ago by Seattle police, whofound poppy seedpods in his house, but thecharges were eventually dropped.

"The prosecutors were forced to backdown from their opium poppy charges because they could not prove they were Papaversomniferum," Hogshire said in a telephoneinterview with New Times.

It is difficult to prove a particular seedpodis a banned opium poppy, even tougher toshow someone knew what kind of poppy seedthey were planting. Testing a sample of thesap from a pod—the main opium possessionevidence against Dunbar and Harrison—canonly show it contains alkaloids found inopium, alkaloids also naturally produced byother plants.

"If anybody brought that charge againstme and pretended that that was evidence, Iwould .challenge that.,I would hold them totheir burden of proof, which is the state's, notmne" Hogshire: said. "There is no scientific

or legal definition that even comes close toprecisely describing what opium is exactly."

Criminal statutes vaguely define an opiateas "any substance having an addiction-forming or addiction-sustaining liability similar to morphine" and opium as being the sapfrom the seedpod of an opium poppy, which

Eighty-year-old grandmotherssimply aren't going to face

police drug raids because theyhave poppy gardens. And evenif that did happen, Ignoranceof their flowers'narcotic alter-egos would probably result in

no charge being filed.

is "the plant of the species Papaver somniferum L„ except its seeds."

Yet rather than highlighting the difficulties the government faces in prosecutingpoppy growers, Hogshire sees his successfullegal battle differently.

"It highlights what an uphill battle a defendant has when the government pretends tocodify nature and tries to enforce laws thathave no basis in reason," he said. "But thepenalties are high and the government's got alot of money, and a lot of guns, and they havesome serious threats they can use."

The San Luis Obispo County NarcoticsTask Force may not have known they wouldeven end up with a poppy case when theyraided the home of Dunbar and Harrison,mostly because they were high-profile advocates and growers of medical marijuana.

The RunsJust before 10 o'clock in the morning on

May 14, police gathered near Dunbar's Arroyo Grande home and the Los Osos homeof John and Violet McLean, armed withguns and search warrants signed by SuperiorCourt Judge Roger Picquet (the affidavitsfor which were immediately sealed by thejudge, concealing from public scrutiny thereason for the simultaneous drug raids).

Dunbar saw the pack of police approaching his Maple Street home, ran intohis backyard, and started pulling the headsoff his poppy plants. The police also sawhim and pursued into the backyard.

"I saw Dunbar kneeling in the gardenpulling off the tops of the row of plants thathe was kneeling in front of," Detective BradMelson wrote in the police report. "As I wassecuring Dunbar, I looked at the row ofplants that he was pulling the tops off of.The tops of the plants appeared to be poppypods and the plant itself appeared to be apoppy plant."

Police counted 203 plants in all, 53 withpods, 24 of which had been lanced. Insidethe garage, they found an indoor marijuanagrowing operation with 72 plants, alongwith a note indicating they belonged toDunbar and were for legal medical use.Police also found a few large bags of marijuana and more than $2,000 in cash andseized all manner of pro-marijuana literatureand paraphernalia.

Meanwhile, a similar scene was takingplace at the McLean residence, as policefound an indoor marijuana growing operation and a backyard poppy garden with 446plants, as well as poppy heads in thekitchen.

"I scored one ofthe opium bulbs seized(Continued on page 212)

,*^ \̂

DEA Publishes 1998 "Hallucinogen" Production QuotasTn .thefederal Register,$pr September 15, 1998, the Drug;JLEnforcerrient Administration published its "Notice Of FinalRevised 1998 Aggregate Production Quotas" for controlled sub-,stances. This is the DEA's determination of how much of anygiven Schedule I substance is needed for the year, in order to"provide for the estimated medical, scientific, research and industrial needs of the"" United States." (63 Fed. Reg 49369-49370,(Sept; 15,1998). For Schedule I entheogens, these quota amountswere set (as expressed in grams of anhydrous acid or base) asfollows: .

3,4-Methylenedioxyamphetamine (MDA) 253,4-Methylenedioxy-N-elhylamphetamine (MDEA) 303,4-MelhylenedioxymethampheIamine (MDMA) 204-Brouio-2^-Dimethoxyamphetainine (DOB) 24-Bromo-2^-Dimelhoxyphenethylamioe (2-CB) 24-Methyl-2,5-Dimethoxyamphetainine (DOM) 2B u f o t e n i n e 2

C a t h i n o n e 9 'D i e l h y l t r y p t a t n i n e 2Lysergic acid diethylamide(LSD) ;.„•. 57M e s c a l i n e ™ . 7P s i l o c i n . " . 2P s i l o c y b i n 2T e t r a h y d r o c a n n a b i n o l s 5 1 , 0 0 0

Most ofthese quantities are unremarkable. However^ 57 grams ofLSDis a massive arr/ount. One gram of pure LSD is enough.for 2000 powerful500-microgram' doses. Fifty-seven grams,- therefore^is .enough LSDrtoprovide a 500-microgram dose to 114,000 people, or. a 100-microgramdose to over half a million people! What "medical, scientific, research, orindustrial need" could require such a huge production? My attempts tofind out by calling the DEA led to nothing but unretumed phone calls.

5sSrv5^5^r^SrC^^^

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20TELR»211

Poppy Paradox(Continued from page 211)from the garden. I tested the fluid and it testedpositive for opiates," wrote DetectiveNicholas Fontecchio.

The raids themselves came as no surpriseto anyone. Both couples were extremely vocalmarijuana advocates, telling anyone whowould listen of their pot growing operation. Aphoto of Dunbar's plants ran on the front pageof the [San Luis Obispo] Telegram-Tribunelast spring.

"Being as high profile as we are, wefigured sooner or later, they were going toraid us," Dunbar said. "We definitely wantedto make a statement against this goddamndrug war."

Both Dunbar and the McLeans have doctor's prescriptions for using marijuana, making for an interesting showdown with theauthorities. The McLean case was settled witha plea bargain that got all of the felonies,including the poppy charge, dropped.

John McLean pleaded no contest to amisdemeanor marijuana possession chargeand got a $200 fine and two years probation,with conditions modified to allow him to

rn March of this year a 17-year-oldPennsylvania resident ordered a GHB

kit from a company called Pure Source ,which marketed its kits via a web site.After the seventeen-year-old and a friendof his manufactured GHB with the PureSource kit, they became ill and where

""hospitalized, thus prompting local FDAagents to get serious about investigatingPure Source.

* According to an article in The Orlando Sentinel, the FDA investigation determined that orders for the Pure Sourcekits went through Ohio and were filled inCentral Florida. Acting on informationderived from further investigation, agentsraided a house in Seminole County,Florida, as well as two warehouses inOrange County, Florida. Two residents ofthe home, both in their twenties, were" arrested after MDMA was serendipitously

• discovered during the raid.' Inside the' warehouses, officials allegedly also found' cnernicals that can be used to make GHB.

vSdurce: "Agents' arrest 2 in Probe of"Drugs Sold on jniernet," The OrlandoSentinely\* July, 1998, Jill Duff-Koppes.

continue smoking and possessing marijuana.The McLeans have since moved to Fresno.

Asked why the poppy charge wasdropped, Dennis Schloss, the deputy districtattorney prosecuting Dunbar and Harrison,said, "I was not satisfied that we had adequateproof of knowing possession of opium in thatcase."

His statement is surprising consideringthe McLeans had twice as many poppy plantsas Dunbar, and police discovered opiumpoppy pods in the kitchen being processed ina way consistent with making opium tea,while there was no evidence in the policereport indicating Dunbar was using opium asa drug.

Dunbar says he doesn't want a plea bargain, but wants to put the issue of growingpoppies and marijuana on trial. As a convicted felon 20 years ago (he was sent toprison for armed robbery) Dunbar could befacing a long prison term for his stand.

"I'm just a sacrificial lamb in all this,"Dunbar said. Tm not the epitome of theail-American boy to stand up for our rights,but I'm doing it. They can't threaten me withprison because I've been there. I'm not scaredof this."

While more cautious than Dunbar about

GHB ArrestsContinue Nationwide

An article in the October issue of SmartLife News reported that Florida law enforcement agents also raided a company calledBond-Tech, which agents say also sold aGHB-manufacturing kit.Source: 'The Emergence of GHB Alternatives," Smart Life News, 1 Oct. 1998,S t e v e n F o w k e s . ' * *

***On November 9, a ^fyear-old Texas

man was jailed after he allegedly mailedhimself, in care of a company he was working for temporarily, some chemicals used tomake GHB. A mail-room employee for thecompany eventually opened the package after he was unable to locate the addressee.Inside he found "suspicious" chemicals,prompting him to notify the police.

When police investigated the man towhom die package was addressed, theyfound GHB in his hotel room and in his car.The man told police that he and his girlfriend used the substance and that they didnot sell it. He has been charged with themanufacture of, and intent to deliver, a controlled substance.Source: "Man Mailed Himself Date-Rape

what she would say about her allegedcrimes, Harrison did outline her views ondrugs derived from plants.

"I don't think any human being has theright to say what natural items on our planetare good or bad," she said. "Not if it growsout ofthe earth."

Gardener's Perspective"Poppies are among the easiest of all

flowers to grow. Their brilliantly coloredflowers look like crinkled sheer silk and areoften delightfully fragrant," emoted Annuals, a book from the Time-Life Encyclopediaof Gardening found in local libraries.

The prized Taylor's Guide to Annualsoffers detailed directions for growing all thePapaver varieties, but notes under somniferum, "The juice of the unripe pod yieldsopium, the production of which is illegal inthe U.S."

Rodale's Annual Garden contains thesame simple warning, but goes on to rave,"The flower is, however, of great beauty andavailable in a number of different cultivars.Plants will often grow 4 feet tall and bearblossoms up to 5 inches wide. A large bedof these flowers is a breathtaking sight."

(Continued on page 213)

Drug Gear, Police Say," Chicago Tribune, 10 Nov. 1998, Eric Ferkenhoff.

A 29-year-old man was arrested'in DaUlas after allegedly making'a deal tb seirrabout ten gallons of GHB to an:undercoyerpolice officer for $2,7Sp'."'He"'"nasTjeen"charged with delivering"^, controlled substance in violation of Texas law. Source:"Dallas Man, 29,' Held in Connectionwith Plano-lrvHrig Drug Sting," The Dallas Morning News; 27 Aug. 1998, Aut h o r U n k n o w n . ' ■ '

Police arrested two California men forallegedly possessing three gallons of'GHB.Their bail was initially set at an unreasonable $2 million each. They await trial oncharges that they manufactured the drugand possessed it with the intent to sell.,Source: "2 Accused of Having '/DateRape* Drug," Los Angeles Times, 11Aug. 1998, Tom Shultz.

' We Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481ai i t t AJiiiS

20?ELR2}2

Poppy Paradox(Continued from page 212)

Unfortunately, a large bed of these flowers is a felony, even for the gardener whonever intends to extract the opium and whobought the seeds from a company that didn'teven identify the Papaver somniferum as theopium poppy.

"It sounds to me like they're sending outkits to commit a felony, yet nobody goesafter them," Hogshire said. "You rely on acompany that sells seeds not to trick youinto committing a crime, and certainly notone where you could end up in a cage for afew years. But they do. And I think thereason is clear. It's a political thing who getscharged with a crime."

Eighty-year-old grandmothers simplyaren't going to face police drug raids because they have poppy gardens. And even ifthat did happen, ignorance of their flowers'narcotic alter-egos would probably result inno charge being filed.

"The law does require 'knowing possession,'" said Schloss.

What of the gardener reading this article, or otherwise learning the opiumpoppy's secrets? With that knowledge, thegardener goes from growing flowers to committing felonies without any change in heractions.

Mary (not her real name) from Los Ososmade that change in May.

It was three seasons ago that Mary'sfriend gave her some poppy seeds, with awink and a nudge she wouldn't understanduntil this year. She scattered her garden withthem in early spring, unaware of the potential within the seeds she sowed.

They grew large and bushy, almostweedlike, rising into stems topped withlarge, drooping buds that would unfold intobrilliant red flowers with slightly ruffledpetals and a black heart cradling a yellowpuff.

"They are just so huge and beautiful,such gorgeous flowers," Mary said.

She paid little attention to the greenseedpod that formed after the flower fellaway, almost perfectly round, but topped bya lighter green crown. The plants themselveswould wither away with the coming of winter, but in the spring, the poppies wouldalmost magically regenerate themselves.

Another poppy season came and went asgloriously as the one before. And again theyreturned, in the spring of this year, althoughMary's poppy patch wouldn't make itthrough a third season.

Poppies became big news locally inMay, both with the raid of the McLean'shome and the discovery of several acres ofopium poppies growing wild in Montana deOro [in San Luis Obispo County], whichwere removed by Narcotics Task Forceagents.

Mary became suspicious of her flowersand brought pictures to her gardening club,asking if they could be opium poppies. Onewoman told her, "Oh, no, they're just Oriental poppies." But another woman, seeing thepicture, identified them as opium poppieswith no prompt. More research confirmedMary's new status.

She felt a mix of excitement and dread.Curious and open-minded, Mary tried toextract some opium, but got very little, toolittle to even use. Slowly, such thoughtswere overcome by fear.

"It's the first time I owned a house, and

New Law on Entering USAWith Pharmaceutical Drugs

The Fall issue of TELR reported thatthe Congress was considering HR3633, a bill that would place much stricterlimits on bringing drugs into the US fromMexico or Canada. (19 TELR 209). OnNovember 10, 1998, President Clintonsigned the bill, which is now Public LawNo. 105-357, known as the "ControlledSubstances Trafficking Prohibition Act."

The new law amends section 1006(a)of the Controlled Substances Import andExport Act (21 U.S.C. 956(a)) to read, inpertinent part:

Notwithstanding any exemption under paragraph (1), a United States resident who

enters the United States through an international land border with a controlled substance (except a substance in schedule t) forwhich the individual does not possess a validprescription issued by a practitioner (as defined in section 102 of Ihe Controlled Substances Act (21 U.S.C 802)) in accordancewith applicable Federal and State law (ordocumentation that verifies the issuance ofsuch a prescription to that individual) maynot import the controlled substance into theUnited States in an amount that exceeds 50dosage units ofthe controlled substance.

Under the new law, states are expresslyleft free to impose even harsher limits if theysee fit to do so.

I didn't want to lose my house. I just startedto panic, so I pulled them out," Mary said,pausing a moment, "Oh, I kept a couple, Imust admit."

Question of IntentGiven how easy it is to grow opium

poppies, and how widely they are grownwith no intent other than to enjoy the beautyand fragrance of the flower, those who enforce our laws are presented with difficultchoices, over which they have wide discretion.

"It really is a question of the content ofthe circumstances surrounding the proof ofknowledge about the character and substance of the narcotic," Shea said.

To establish that knowledge, police canseize whatever materials they believe indicate knowledge. For example, finding acopy of this very article in a home withpoppies in the garden would likely beenough to establish knowledge.

Faced with detailed questions about Papaver somniferum, how it is tested, whetheropium samples can be definitively identifiedas being from this plant, and the legality ofclosely related cultivars—questions thatwould seem essential to a successful prosecution. Schloss, who is prosecuting theDunbar/Harrison case, was perplexed.

"I couldn't even spell that word you'resaying," Schloss said of Papaver somniferum. "I'm not a plant guy."

Schloss is more certain about answers toquestions that many innocent gardenerswouldn't even know to ask.

"Is it possible to possess opium whileit's still in the poppy? Of course," Schlosssaid.

(Continued on page 214)

<*%

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-348120 TELR213

Poppy Paradox(Continued from page 213)

If such questions seem strange, and theiranswers troubling, that's largely because oursociety is still struggling with how to dealwith new fears of an old plant.

Poppies were cultivated for their opiumas early as 3400 B.C. in lower Mesopotamia. They called it "hul gjl," or "joyplant." Later, it would take on the scientificname somniferum, which means "sleep inducing," after doctors found it to be perhapsthe best natural pain reliever ever discovered.

References to the opium poppy arefound throughout classical literature, fromreferences in many Shakespeare works toThomas DeQuincey's autobiographic Confessions of an English Opium Eater to thescene when Dorothy and friends fell asleepin the poppy field on their way to see theWizard of Oz.

Many of our country's founding fathersused opium, including Benjamin Franklin,

an opium addict most of his life, accordingto historians. In the 1800s, opium was themain ingredient in many of the most widelyused elixirs and patent medicines.

But by 1890, William RandolphHearst's sensational tabloids began writingstories about white women being seduced byChinese men and their opium, tying the drugto our growing nationalist fears of the East.In 1905, Congress made opium possessionillegal.

Most opium at that time was importedfrom potent strains, but opium poppy vari-etals grew throughout the United States.

"There is no part of the United Stateswhere poppies, even opium poppies - maybeespecially opium poppies - won't grow.They can adapt to a lot of conditions. Theyare very common. It's hard to stop them fromgrowing," Hogshire said.

The flowers can be red, pink, white,purple, or bicolored, and the petals can beeither flat or fringed, yet the plant's aesthetics have little impact on its narcotic potential.

Dunbar and Harrison have a list of several dozen addresses around the countywhere they have discovered opium poppiesgrowing, most in people's front yards, somein flower gardens maintained by businesses,even a few on government property.

"Poppies are everywhere," Hogshiresaid.

As winter approaches, opium poppyplants have gone dormant. Most gardeningbooks advise sowing poppy seeds in the latefall and letting them "winter over."

All this winter, the seeds will sit belowthe surface of the soil, waiting for thewarmth of spring to sprout forth and grow.It is then that we will find out whether theprosecution of Dunbar and Harrison is anisolated incident, or whether they are thefirst of many San Luis Obispo County residents to face prison terms for the flowersthey choose to grow.

Steven T. Jones (sjones@newtimes-slo.com)is currently planning his spring garden,which will include poppies, but not opiumpoppies.

Man With Herbs Busted for DUIBy DAVID GRAM Associated Press Writer

Reprinted by Permission

MONTPELLER, Vt. (AP) George Singleton was driving from California,where he was working with inner-citygangs, back to his organic farm in Vermontwhen an Oklahoma state trooper pulledhim over.

Trooper Alvin Lavender told him hewas speeding and weaving, Singleton says.A bag of what looked like marijuana wasseized. Singleton, 49, was jailed on suspicion of possession of a controlled substance.

But his blood tests for intoxicating substances came back negative. And the marijuana turned out to be organically grownrosemary and mullein, common herbs thatSingleton said he uses to treat his tuberculosis.

He was never charged with speeding ora drug offense after the stop in February,though he still faces a court date Thursdayin Oklahoma.

The charge: driving under the influenceof an intoxicating substance. This despitethe tests showing no intoxicating substancein his blood.

"He's not guilty of anything but beingblack and having butt-long dreadlocks anddriving in Oklahoma," said his lawyer, JimHadley of Vinita, Okla.

Singleton said he is convinced he was

pulled over because he fit the "profile" of adrug suspect.

Gene Haynes, the district attorney inCraig County, Okla., acknowledged, "It is

I'm not scared ofdealing with fascistgovernmentpeoplebecause that's ail

I've been dealing withall my life...

an unusual case because ofthe fact that wedon't have proof of any illegal substance."But he told the Tulsa World, "We're continuing to pursue it because we feel he wasunder some type of influence that renderedhim a danger on the roadway."

The trooper wrote in his report thatSingleton was unsteady on his feet and hadbloodshot eyes and slurred speech.

Singleton, 49, runs an organic farm in

Dummerston. He helped found Hope-LA-USA in 1992, a national group that tries toget teen-age gang members involved inorganic gardening. He has set up an EastCoast office.

After his arrest, Singleton spent 25days in jail.

Singleton said that at one point, he wastold he would be charged with carrying "animitation controlled substance," a crimeunder Oklahoma law. But his lawyer saidthe authorities later decided that rosemaryand mullein would be a poor imitation.

Singleton said he brews the rosemaryinto tea and smokes the mullein, a tallwildflower of the figwort family.

If convicted of driving under the influence, Singleton could get a year in jail anda $1,000 fine. He is also accused of failingto display current license tags.

Singleton's lawyer said the district attorney told him last week that the state waswilling to reduce the charge to carelessdriving, impose a $50 fine and court costsof less than $100. Hadley said he andSingleton weren't buying.

"I'm not scared of dealing with fascistgovernment people because that's all I'vebeen dealing with all my life," Singletonsaid. "This is normal for me. This is thedark side of America."

'The Entheogen Law Reporter • Post Office Box 73481 • Davis/Califomia • 95617-3481 20 TELR 214

California Khat Field Raided:World-Wide Crackdown Appears Underway

tn Thursday, September 10,1998, state'and federal narcotics agents capped a

month-long investigation by raiding ahome in Prunedale, California. On thehome's quarter-acre, the agents found 1076Catha edulis (AKA khat) plants, ranging insize from seedlings to fourteen-feet tallbushes. Uprooted by the agents, the plantsweighed almost five thousand pounds.

In conjunction with the home raid, police also served search warrants on twolocal convenience stores that may havesold the khat after it was harvested. Although not arrested on the day of the raid,the resident of the home, who also operatedthe two convenience stores, was indictedon November 18 by a federal grand jury.Charged with manufacturing a controlledsubstance in violation of federal law, theman faces imprisonment for up to twentyyears and a fine of up to $1 million.

This is a very surprising case. The khatgarden was not discovered by chance.Rather, this was a focused investigation onkhat. Authorities have not released anyinformation on what may have triggeredthe investigation, but it is certainly disconcerting to see that the DEA is actuallyinterested enough in khat to gear up itseradication machinery and prosecute growers.

According to DEA Special Agent Evelyn James, quoted in a San Jose MercuryNews article about the bust, DEA agentshad previously encountered khat use in theBay Area, but had heretofore not found agrowing operation.

"This is very unique," said agentJames, adding, "this is the first grow operation as far as I know in the entire UnitedStates." Monterey County Sheriffs Lt.Dave Allard was quoted in the same articleas stating "The reason we're being so aggressive on this is that we want to makesure it doesn't get a foothold in this country."

The Mercury News article contained amore sophisticated than expected recital ofthe active principles of khat and their legalstatus:

While khat may not be established in American pop culture, it has made it into thefederal lawbooks. Khat contains two stimulants: cathine and cathinone, [DEA specialagent EvelynJJames said. Cathine, whichproduces a mild effect and remains in theleaves long after they are picked, is federally restricted as a Schedule [TV] drug, thesame as many barbiturates, she said.

The stronger cathinone, which degrades within48 hours of picking the leaves, causes sensations ranging from euphoria and alertness toanxiety, aggression and paranoia, James said.It is federally banned as a Schedule [I] narcotic, the same as cocaine, heroin and LSD,she said. (Actually, cocaine and heroin are inSchedule II. RGB.)

As discussed in detail in a previous TELR(7 TELR 60-62), there is a very good argument that the statutorily-mandated schedulingprocedure was not followed by the DEA withregard to scheduling the Catha edulis plant. Ifauthorities go forward with the prosecution,this argument should get its day in court.

The California khat case is not unique.While I have no reason to think there is aconcerted world-wide crackdown on theplant, it is clear that authorities are becomingbetter acquainted with khat and, in thosecountries where it has been declared illegal,are indeed treating it as an outlawed drug.According to an article in the British publication The Guardian, a woman and her 74-year-old companion were arrested at Sola airportin Norway after authorities there caught herwith 32 kilos of khat. Brought before a Norwegian court, the woman explained that shewas importing khat to Somalia people wholived in Norway. In England, where she lives,khat is legal. After spending 14 days in aNorwegian jail, she and her companion weredeported to England.

Back in England, the woman stated thatthere were other people jailed in Norway forkhat offenses. One such prisoner was a manarrested for importing 27 kilos ofkhat in whathe said was an attempt to raise money neededto buy a headstone for his recently deceasedwife's grave. He said he was asked to take thepackage to Norway by a Somali man, andclaimed he did not know it was illegal inNorway.

The same article reported that khat isoutlawed in Canada, Ireland, Sweden, Scandinavia, Switzerland, and most of the MiddleEast, excluding Yemen. The article went onto report on three other khat arrests. Oneinvolved a couple from London arrested inNorway as they tried to get to Sweden. Theyspent four weeks in a Norwegian jail, andreportedly could have spent six months in jailhad they been arrested with khat in Sweden.

Earlier this year, authorities in Swedenarrested a 24-year-old-man and charged himwith smuggling up to one-half metric ton ofkhat in an operation lasting over a year. According to an article in the Swedish publication Aftonbladet, a search of the man's home

uncovered address labels which authoritiesclaim were proof that he was using traditional parcel services to import the khat byair freight from England. The man claimedhe was part of a larger organization, but hasrefused to name the others involved.

In Canada, khat has been ostensibly illegal since May 1997, and according to anarticle in the London Free Press, the RCMPseize about 400 kilos of the plant eachmonth. In October, Canadian authoritiescapped a four-month investigation by serving 10 search warrants on suspects' homesand cars, resulting in the seizure of approximately 1000 kilos of khat and the arrest offifteen people. According to an article in TheToronto Sun, the arrestees were allegedlyimporting the khat from London in boxesmarked "perishable goods." Central to theinvestigation and eventual arrest of thesepeople was an undercover cop posing as acargo broker.

Finally, earlier this year, a British manplead guilty to possessing 40 kilos of khatwith intent to sell, after being arrested at anairport in Ireland on his way to the US. Thekhat was packed in two suitcases.

Sources"Deputies Confiscate khat Crop"SanfoseMercuryNews^Pi) FH. 11 Sep 1998,JohnWoolfoIk.

"Khat Drug Bust Could Be First in US."San Francisco Chronical, Fri, 11 Sep. 1998. JulieLynem.

"Prunedale Man Charged in Seizure of 1,076 Khat Hants" SanFiandscoChtcnlcal 21Nov. 1998, Bill Wallace.

"legal' Narcotic Lands Couriers in Jail"The GuatzUan, 2 Oct. 1998, Duncan Campbell.

"Police Make Record Haul of Drug Khat"London rreePnss, 24 May 1998. Author Unknown.

"Charged with Smuggling Khat"Ationbladet. Zl Feb. 1998, Author Unknown,Translator Olafur Brentmar.

"15 Nabbed in Airport"The TonontoSun 8 Oct 1998, fen Tlmberlake.

"Fine of (pounds) 800 for Having KhatDrug" The Irish Times, 20 June 1998, AuthorUnknown.

The Entheogen Law Reporter • Post Office Box 73481 • Davis/Califomia ♦ 95617-3481 20 TELR 215

DEA Now Gathering Information on GHB Precursor inConsideration of Scheduling GHB

tn October 23,1998, the DEA published'the following notice indicating that it is

now keeping an eye on GBL, a substanceused to manufacture GHB. The notice alsoverifies that the DEA is in the process ofconsidering whether GHB should be the latest addition to the federal list of controlledsubstances.

DEPARTMENT OF JUSTICE Drug Enforcement Administration [DEA Number 178N]Industrial Uses and Handling of Gamma-butyrolactone; Solicitation of Information

AGENCY: Drug Enforcement Administration.

ACTION: Notice of request for information.

SUMMARY: The Drug Enforcement Administration (DEA) is soliciting information onthe chemical gamma-butyrolactone (GBL).GBL has been identified as the major precursor to gamma-hydroxybutyrate (GHB), a drugsubstance that is under consideration for control in the Controlled Substances Act (21U.S.C. 801 et seq.). DEA is seeking information on the GBL trade so that diversion ofGBL may be prevented with minimal impacton legitimate trade, in the event that GHBbecomes a controlled substance. The DEA issoliciting information on the manufacturing,distribution, consumption, storage, disposaland uses of GBL

ADDRESSES: Responses lo this notice maybe sent to Frank Sapienza, Chief, Drug andChemical Evaluation Section, Office of Di

version Control, Drug Enforcement Administration, Washington, D.C. 20537.

DATE: Responses to this notice may be submitted by December 22,1998.

SUPPLEMENTARY INFORMATION: Thechemical gamma-butyrolactone (GBL) hasbeen identified as the principal precursorused in the clandestine manufacture ofgamma-hydroxybutyrate (GHB). GBL is alsoidentified as dihydro-2(3H)-furanone; 1,2-butanolide; 1,4-butanolide; gamma- hydrox-ybutyric acid lactone; 3-hydroxybutyric acidlactone and 4-hydroxybutanoic acid lactonewith Chemical Abstract Service number[96-48-0].

GHB has been banned from sale for humanconsumption by the Food and Drug Administration, controlled in several states and isunder consideration for placement into theControlled Substance Act (SA). Control ofGHB under ihe SA would permit the administrative control of GBL as either an immediate precursor (21 U.S.C. 811(e)) or listedchemical (21 U.S.C. 802(34)) if certain findings are made.

The DEA is studying the manufacturing, industrial uses and distributions of GBL tobecome aware of possible methods of diversion from these legitimate sources. This information will help the DEA to evaluate thepotential impact on legitimate industry ifcontrol of GBL is necessary under the SAControl measures, if warranted and imposed,would regulate the manufacture, distributionand other handling of GBL

DEA is aware this substance is used byindustry as a synthetic intermediate with application to polymers, pharmaceuticals andagricultural industries, as a solvent, cleaningagent, and cosmetic ingredient. DEA recognizes that regulation of GBL may have someeffect upon these, and other, industrial activities. However, DEA is not aware of the entirescope of use of GBL by industry and consumers. Therefore, DEA invites all interestedpersons to provide DEA with any information on the manner of manufacturing, distribution, consumption, storage, disposal anduses of GBL by industry and others. Bothquantitative and qualitative data is sought.

Such information may be submitted to theDrug and Chemical Evaluation Section andis requested by December 22,1998. Information designated as confidential or proprietarywill be treated accordingly. The release ofconfidential business information that is protected from disclosure under Exemption 4 ofthe Freedom of Information Act, 5 U.S.C.552(b)(4) (FOIA), is governed by section310(c) ofthe SA (21 U.S.C. 830(c)) and theDepartment of Justice procedures set forth in28 CFR 16.7.

DATED: October 16,1998.

John H. King, Deputy Assistant Administrator, Office of Diversion Control.

Source63 Fed.Reg. 56941-56942 (23 Oct 1998).

RELATIVELY IMPORTANT WORDS ABOUT TELR

STATEMENT OF PURPOSESince time Immemorial humans have used entheogenic substances aspowerful tools for achieving spiritual insight and understanding. In thetwentieth century, however, many of these most powerful of religiousand epistemological tools were declared illegal in the United States,and their users decreed criminals. The shaman has been outlawed. It isthe purpose of The Entheogen Law Reporter(TELR) to provide the latestinformation and commentary on the interspace of entheogenic substances and the law.

HOW TO CONTACT TELRPlease address all correspondence to Richard Glen Boire, Esq., TELR,Post Office Box 73481, Davis, California 95617-3481. You can alsoreach TH/Pvia the spectral mindustries web site: www.speemind.com

SUBSCRIPTION INFORMATIONTELR is published seasonally (i.e., four times per year) by SpectralMindustries. A one-year subscription for individuals is $25 domestically and $35 internationally. Law library subscription rate is $45 peryear domestically and $55 internationally.

CONFIDENTIALITYSubscriber information is strictly confidential. The list of subscriberswill be released only under court order.

DISCLAIMERManufacturing or possessing outlawed entheogens is a crime that can resultin a lengthy term of imprisonment and significant fines. The Entheogen LawReporter is not engaged in rendering legal or other professional advice, andassumes no responsibility for the statements and opinions advanced withinthese pages. The information herein is subject to change without notice and Isnot intended to be, nor should it be considered, a substitute for individualizedlegal advice rendered by a competent attorney.

COPYRIGHT© 1999 Spectral Mindustries. Portions of TELR's 'Entheogen Law News" may consistof texts and documents taken from ludicrously expensive on-line news and legal research data-banks. In some cases, these documents are reprinted with acknowtedge-ment but not permission, and occasionally abridged for reasons of space orto maintainthe legal focus. 7H/?views such documents as a real-time historical narrative documenting the current anti-mind cutturescape as painted by the mass-media. For peoplewhose rights are moment-by-moment infringed by the on-going War on (Some) Drugs,these documents are a frightening satirical expose. By re-printing such documents,7H/?does not intend infringement of any copyrights or trademarks, nor any financialloss to the mega-corporate-on-line data bases. It is TELR's opinion that use of thesedocuments fortius purpose is protected underthe 'fair use' provisions of copyright law.

' The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 TELR 216

Government's Lawyer InPeyote Way Case Publishes Article

22 Am. Indian L. Rev. 475-507 (1998)

The Summer issue of the American Indian Law Review, contains an articletitled "The Legality ofthe Religious Use ofPeyote by the Native American Church: ACommentary on the Free Exercise, EqualProtection, and Establishment Issues Raisedby the Peyote Way Church of God Case."

I thought this article might be of interestsince its author, John Bannon, Jr., was theDepartment of Justice lawyer who represented the government when Peyote WayChurch of God brought a federal law suitseeking the right to use peyote in its religious ceremonies. TELR readers shouldknow that Peyote Way is a non-race-basedchurch in Arizona whose members use peyote in their religious ceremonies. PeyoteWay is not a branch ofthe Native AmericanChurch. Consequently, the members of theChurch have been in a constant battle withthe federal government for the right to usepeyote in their ceremonies and to obtainpeyote, which under federal and Texas regulations may only be sold to, and used by,members ofthe NAC.

Perhaps, I thought, Mr. Bannon's article would provide a rare and unique insightinto the thinking of the lawyer charged withconcocting legal arguments aimed at limiting any religious entheogen use to peyoteuse by members of the Native AmericanChurch. Mr. Bannon's article, however, is

little more than a dull-minded recitation ofhistorical factors that justify giving specialfederal rights to Native Americans.

Mr. Bannon's argument is a red-herring. Nobody would deny that afterpracticing a policy of genocide against Native Americans for over two centuries, thefederal government ought to keep its handsoff their religion. Bannon's historical account of Free Exercise and Equal Protection jurisprudence is largely accurate, buthis use of that history is disturbing.

In essence, Bannon's message is this:any attempt by non-Natives to get the federal exemption for the NAC expanded toinclude non-Natives is not only doomed tofail, but even worse, if an equal protectionargument is victorious, the result would tostrike the exemption for the NAC, ratherthan expand it to include others.

Raising an equal protection argumentleveraged off the federal exemption for theNAC is, indeed, a risky proposition.Should a court agree that Peyote Way wasdenied equal protection by not being included in the NAC exemption, the courthas two options. It could order that theexemption be extended to members of Peyote Way, but it could also withdraw thebenefit from the NAC. (See Heckler v.Mathews (1984) 465 U.S. 728,739.) Ordinarily, "extension, rather than nullification,

is the proper course" (Califano v. Wescott(1979) 443 U.S.76, 89), but it is not uncommon for courts to nullify a provision.

Like the federal government once did,Mr. Bannon seeks to exploit Native Americans for his own purposes, going so far asto cast Peyote Way's lawsuit as "inessence, directed at the Native AmericanChurch." This is a disingenuous characterization obviously aimed at inciting NativeAmericans. And, what better print venuethan the American Indian Law Review foran effort to drive a wedge between Nativeusers of peyote and non-Natives seekingreligious protection for their entheogenuse. Obviously, NAC members hearing andbelieving Mr. Bannon's alarm are going tolook extremely unfavorably on legal attempts by non-Natives seeking a religiousexemption for their entheogen use.

Hopefully, they will not forget that Mr.Bannon represents the US Government,which has proven itself far more of anenemy to Native Americans than fellowentheogen users who simply seek the rightto practice their religion without fear ofimprisonment.

cc: David Osterfield, Managing Editor,American Indian Law Review, University of Oklahoma College of Law, 300Timberdell Road, Norman, Oklahoma

Incense & Insensibility:Science Fiction, Psychedelia & The 1960s and 1970s

— Conference Announcement—That looks like an interesting conference will be hosted by the University of Liverpool on Saturday, 12 June 1999. The one-day,interdisciplinary conference, will deal with the influence of science fiction and/or psychedelia on 1960s and 1970s cultural production.

Abstracts are invited on such topics as:

* The 'New Wave' movement within science fiction, and the experimental fiction which influenced it.* The crossover between psychedelic and science fiction writings.* 1960s and 1970s science fiction and psychedelic cinema.* Science fiction television series, such The Avengers, The Prisoner and The Man From U.N.C.L.E. & The Girl From U.N.C.LE.* Counter-cultural comics.* The psychedelic aesthetic and its influence on the spheres of art, design, and fashion in the 1960s and 1970s* Mysticism and science fiction.* Science fiction and psychedelic music.* The theme of conceptual breakthrough.* The science-fictionalization of 1960s and 1970s culture.* Gender and the counterculture.* Hie influence of this period on contemporary art forms.

If you are interested in participating, a working title and short abstract should be e-mailed to: Elliot Atkins: eja@liverpool.ac.uk

77ie Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 TELR 217

The Bad News: Temporary Guests Have No Privacy Rights Says Supreme Courtjn December 1, 1998, a divided U.S.'Supreme Court created a new rule that

severely narrows protections the FourthAmendment has traditionally given to private conduct taking place in the home.

In this rather chilling case, a policeofficer was stopped by a citizen who reported seeing people in an apartment packaging drugs. Investigating the tip, the officer went to the basement apartment andstanding on the sidewalk outside it, peereddown through a closed Venetian blind andsaw people inside bagging a white powder.According to the Minnesota SupremeCourt, in order for the officer to obtain hisview, he "climbed over some bushes,crouched down and placed his face 12 to18 inches from the window." From thisinvasive viewpoint, he was able to seedown through closed blinds and secretlyobserve the occupants inside the apartment.

After the occupants of the apartmentwere charged with various drug crimes,two of them moved to suppress all theevidence on the ground that the officer'sPeeping Tom actions amounted to an unreasonable warrantless search in violationof the Fourth Amendment.

The two men who challenged thesearch, however, did not reside at the apartment. Rather, they were invited visitorswho had been there approximately 2 1/2hour before the officer peered through theclosed blinds. There was no indication thatthe men intended to stay overnight in theirhost's apartment.

Based on these facts, Chief JusticeRehnquist, writing for the majority, heldthat the visitors did not have a "reasonableexpectation of privacy" because it was nottheir home and they were not staying thereovernight. He cited a well-known SupremeCourt case (Minnesota v. Olson) whichheld in 1990, that an overnight guest expects privacy while inside his host's home,and that this expectation was reasonable.Under the Olson case, if the police invadea home unreasonably, an overnight guestinside the home has a Fourth Amendmentprotection similar to the host's.

In Rehnquist's opinion, however, aperson who is invited into another person'shome, but is only there temporarily, doesnot reasonably expect the same degree ofprivacy inside the home as does the host oran overnight guest. Consequently, even ifthe police bust in illegally, such a temporary guest has suffered no violation of hisor her privacy because he or she is notreasonable in expecting any as a mere temporary guest.

Justices Ruth Bader Ginsburg, JohnPaul Stevens and David Souter dissented.In their opinion, the majorities' decision"undermine[d] not only the security ofshort-term guests, but also the security ofthe home resident." Ginsburg reminded themajority ofa 1967 case in which the Courtheld that government agents violated aman's Fourth Amendment right when theybugged a public payphone booth and electronically recorded the man when he made

a call. (The phone was not "tapped," ratherthe booth itself was fitted with a smallmicrophone that picked up any sounds inside the booth.) Justice Ginsburg,poignantly remarked, "I do not agree thatwe have a more reasonable expectation ofprivacy when we place a call to a person'shome from a public telephone booth on theside of the street..., than when we actuallyenter that person's premises to engage in acommon endevour."

The dissenting justices also noted thatthe Court's ruling went beyond an attackon the privacy rights of visitors, also undermining the legitimate privacy of any personwho invites another person into his or herhome. Police who are surveilling a suspectwill be tempted to wait until the suspectvisits another person's home and then bustin. Police employing such a tactic haveeverything to gain and nothing to lose.

Another obvious problem with thecourt's ruling is the definitional one ofdetermining when is a visitor to be considered a "temporary" visitor?" Based on current case law, all that can be said for sure isthat an overnight visitor is covered by theFourth Amendment. All other visitors mayfind that they have no privacy rights underthe new holding.

The case is: Minnesota v. Carter (No.97-1147). The fall-text of the opinion ison-line at:http://laws.findlaw.com/US/000/97-1147.html.

The Good News: Police Can't Use Minor Traffic Stop To Conduct Full Searchust when I'm about to burn my bar cardand retire from law because I'm con-

inced that a criminal defense attorney isnothing but a necessary pawn in a corruptsystem, and because courts seem to be onan incessant march to sell-out fundamentalrights to a maniacal war on some drugs, acase comes along that allows me to momentarily catch my breath and considerthat maybe, just maybe, there is still anember of good sense in the desperatelydark halls of justice.

On December 8, the U.S. SupremeCourt handed down a very surprising butwelcome opinion which, for the first timein a long time, actually upheld rather thanweekend a long-standing Fourth Amendment protection against unreasonablesearches by police officers.

For the past fifteen years, the state ofIowa has been unique in having a lawpermitting police officers to search the en

tire interior of a car whenever a driver hasbeen stopped for a minor traffic infraction.This was a patently unconstitutional law.Yet, for the past decade and a half, Iowapolice officers have utilized the law to turnminor traffic stops into fishing expeditionsfor illegal drugs. The U.S. Supreme Courtdecision finally put a stop to this unlawfulpractice, re-affirming that absent additionalevidence of a drug crime, officers may notuse simple traffic stops as opportunities forconducting non-consensual searches fordrugs.

The case before the Court began in theSpring of 1996, when Iowa cops stopped ayoung man for speeding and issued him acitation. Without any reason to think thatthe man might be transporting illegaldrugs, and without getting his consent tosuch a search, the officers searched theman's car pursuant to the Iowa law anduncovered a small amount of a marijuana.

The Supreme Court's decision confirms that police officers can only conductan auto search in the following four situations: (1) if they have an search warrant,(2) if they have probable cause to believethe car holds contraband or evidence of acrime, (3) if the car is impounded; or (4) ifthe driver is arrested.

Currently, police who make a legaltraffic stop are authorized to order thedriver and passengers out of the car andcan conduct a pat-search of the occupantsif they reasonably believe they may bearmed. The Court's ruling reaffirms, however, that a fall search of the car may onlybe conducted if the driver is arrested, or ifother evidence establishes probable causeto conclude that there is contraband orevidence of crime inside the car.

The case is Knowles v. Iowa(No.977597). The full-text is on-line at:

http:// laws.findlaw.com/US/000/97-7597.html

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 7ELR218

Palpating the Pulse of Recent LSD Arrests.n November 31, authorities arrested Anson B. Clawson JJL a 21-year-old-man

who they say has "contacts from coast tocoast and was a key player in the underground pipeline that ships marijuana and hallucinogenic drugs into central Indiana." Thiswas the second arrest of Mr. Clawson, whodisappeared from authorities after being arrested in early October. According to an article in the Indianapolis Star, anti-drug agentsin the Indianapolis area were originally led toClawson while investigating what seemedlike an influx ofLSD into the area during thesummer. "We started working a LSD possession case, and it kept leading us from onesource to another until we reached Clawson,"said narcotics investigator Matthew Fillen-warth.

When police searched Clawson's apartment in October they found what Fillenwarthcalled "the mother lode of acid ...It doesn'tlook like much, but it is enough to provide aminimum of 300,000 hits." According to theStar article, Clawson told police he originallyhad 10 vials of liquid LSD, but only sevenwere found, along with fourteen pounds ofCannabis and a pound of dried psilocybianmushrooms.

According to police, the LSD seized fromClawson's apartment was "extremely potent.""Our lab had to dilute it just to test it,"Fillenwarth told the Star, adding, "our labguys say this is the same type of acid thatcaused people to leap out of windows."

Shortly after his arrest in October, Clawson vanished. Molly Smith, an agent with thelocal police department was given a full-timeassignment of tracking him down. AgentSmith tracked Clawson through Indiana, NewYork, Chicago, St. Louis and finally Texas."This is all I did every day is track this kid. Ifeel like I know him," she told the Indianapolis Star.

When finally apprehended on November31, Clawson was near the Mexican borderand had obtained false identification. "Webelieved he was leaving that evening andgoing to Mexico," said Gary Tingle, chiefdeputy ofthe Marshals Service office in Indianapolis.

Sources: "Suspected LSD dealer disappears; Police find $1.5 million in potent version of acid, marijuana, otherdrugs at his home," Indianapolis Star, 10Oct. 1998, Paul Bird.

"Alleged LSD dealer is caught inTexas; Local officer who alerted U.S.marshals to arrest man before he got tothe border had tracked fugitive suspectfor two months," Indianapolis Star, 2Dec. 1998, Vic Ryckaert.

Anti-drug agents in Wisconsin arrested a23-year-old man who arranged to sell 6000hits ofLSD to undercover agents for $7,500.On December 2, the man pled guilty tofederal conspiracy and distribution, and according to the Milwaukee Journal Sentinel,he now "faces up to life in prison and a fineof up to $4 million. Prosecutor's have triedto exploit this unreasonable punishment bytelling the man they won't oppose a lessersentence if he cooperates with agents byturning in others.

According to Jack Riley, head of theDEA office in Milwaukee, the young mansold LSD to students at the University ofWisconsin-Milwaukee and kept records ofhis business on bis computer, which wasseized by authorities. Quoted in the Milwaukee Journal Sentinel, agent Riley claimedthat a lot of LSD is currently being made inCalifornia by people who were "hippies" inthe 1960s. According to agent Riley, thesepeople are no longer interested in the personal, philosophical, and cultural insightsthat motivated many LSD users and manufacturers in the 1960s, but are instead simplyin it for the money and frequently well-armed.

This was reportedly one of the largestseizures of LSD in recent years in the Milwaukee area.

Sources: Milwaukee Journal Sentinel, 9 Oct. 1998, Gretchen Schuldt.

"LSD defendant guilty, will cooperate in probe," Milwaukee Journal Sentinel, 1 Dec. 1998, Author Unknown.

♦*«On September 18, a grand jury in

Chicago returned indictments against fiveteenagers for selling LSD. Authorities claimthat one of the teens is a major regionalsupplier ofLSD.

According to an article in the ChicagoTribune, the indictments were the result ofa10-month investigation which began after ahigh school student witnessed a fellow student sell two hits of LSD at school. Thestudent who saw the transaction reported theobservation to the school's on-campus police officer, who immediately detained andinterrogated the student who reportedlymade the sale. This questioning caused thestudent to name her supplier and, like adomino effect, authorities were led from oneteen to the next.

Sources: "Police Say LSD RingRocked By Arrests; Palatine Woman,Teens Face Charges," Chicago Tribune,25 Sept. 1998, Sarah Downey.

"5 Suburban Teenagers face LSDCharges, Chicago Sun-Times, 27 Sept.1998, Brenda Warner Rotzoll.

***Police officers in Ohio used a minor

vehicle defect to stop a young man drivingon 1-70 in Clark County. After approachingthe vehicle, the officer allegedly detectedsigns that the driver might be under theinfluence of alcohol, and for that reasonarrested him.

A subsequent search the man's vehicleturned up over 700 hits ofLSD, which localagents valued at just over $5 a hit, for a total$3,600 street value. Also found was a smallamount for marijuana. The young man hasbeen charged with a second-degree felony.

Source: Yahoo! News Ohio HeadlinesWednesday, September 9, 1998, 3:22PM EDT.

In August, a 19-year-old man was arrested in Council Bluffs, Iowa, after heallegedly sold LSD to undercover policeofficers on three occasions in one day. Onone occasion he allegedly sold 600 hits ofLSD for $2,000. On the second occasion heallegedly sold 91 hits of LSD for $275. Onthe final deal, he allegedly sold 200 hits ofLSD for $580.

Source: "Bluffs Police Say Man, 19,Sold LSD," Omaha World-Herald, 28Aug. 1998, Author Unknown.

• • *In October, anti-drug agents in

Louisiana capped a several-week undercoverinvestigation with the arrest of a 21-year-oldman allegedly found in possession of 60doses of LSD in "gel-tab form."

According to an article in the TheTimes-Picayune, if convicted the man couldbe sentenced to five to thirty years in jail, orfined up to $50,000.

Sources: "Drug Suspect Found WithLSD Gel-Caps," The Times-Picayune, 24Oct. 1998, Richard Boyd.

***In late October, The Boston Globe re

ported that an 18-year-old high school student faces up to 40 years in prison afterbeing accused of selling LSD to a 14-year-old fellow high school student The 14-year-old purchaser sought hospital treatment afteringesting the drug, thereby prompting aninvestigation into the supplier.

Source: 'Teen held in sale of LSD atschool," The Boston Globe, 29Oct. 1998, Author Unknown.

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 TELR 219

Kansas Court of AppealsRejects Couples' Religious Defense to Marijuana Cultivation

The Kansas Court of Appeals has rejected the religious defense of a couple arrested after police officers found 86Cannabis plants growing on their property.The couple raised a religious defense underRFRA, arguing that they were members ofthe Rastafarian religion. They also arguedthat the Equal Protection Clause was violated by giving NAC members the right touse peyote for religious purposes, yet denying Rastafarians the right to use Cannabis.On these grounds they filed a motion todismiss the charges.

At a hearing in their motion, PaulMirecki, University of Kansas AssociateProfessor of Religious Studies, testifiedthat the Rastafarian faith is a religion practiced in North America, the Caribbean, andWest Africa, with tens of thousands ofadherents. Prof. Mirecki stated that Rastafarian beliefs are based in the Judeo-Cfarisrian tradition and on the prophecies ofHaile Selassie of Ethiopia, whom Rastafarians believe to be God incarnate. Mireckialso testified that the use of marijuana wascentral to religious practices for Rastafarians. Marijuana, or "ganja" in Rastafarianparlance, is considered a sacrament, andinhaling the smoke of the burning plantcontributes to the spiritual growth of thesoul and knowledge of God, so much sothat Rastafarians believe that withoutganja, spiritual self-consciousness cannotbe achieved. Prof. Mirecki testified that hebelieves Rastafarians cannot practice theirreligion without the use of marijuana.

Both defendants testified at the hearingon the motions to dismiss. Connie McBridetestified she had been a Rastafarian for 15to 20 years and could not practice her

religion without using marijuana. JoeMcBride stated he had been a Rastafarianfor 15 years and the the God he worshippedwas the same God worshipped by Christians, Jews, Muslims, and Buddhists. Healso stated that marijuana was essential tohis connection with God, or "Jan," as hecalled the Rastafarian deity, and that theplants in his garden were grown for religious use only. He emphasized that recreational use of marijuana was improper. Healso testified there was no limit on thequantity of marijuana consumed in his religion, nor is there a stricture on when it is tobe used.

At the close of the hearing, the judgedenied the couple's motion to dismiss, expressing doubt whether they were"legitimate practitioners" ofthe Rastafarianfaith,and remarking that, in any event, thequantity of Cannabis plants found growingon the property indicated an intent to sell,not to use them for religious purposes. Thejudge, thereafter, bared the McBride's fromraising the religious defense before thejury.

The Kansas Appellate Court, affirmedthe trial court. First, the appellate courtrejected the RFRA defense by noting thatRFRA was struck down by the USSupreme Court. Second, the court rejectedthe couple's equal protection argument onthe ground that they were not "similarlysituated" to members ofthe NAC, explaining:

Because the McBrides are not similarly situated to the members of the NAC for purposes of K.S.A. 65-4116(c)(8), they are notentitled to relief under an Equal Protection-

Establishment Clause theory. The McBridesare not similarly situated for three reasons:(1) Peyote is consumed by the NAC members only at specific and infrequent religious ceremonies, whereas Rastafariansmay consume marijuana in any quantity atany time; (2) Peyote generally is not abusedat the same rate as marijuana; and (3) theKansas and federal NAC exemptions werepassed under the ambit of the federal trustresponsibility, which seeks to preserve thecultural and political integrity of NativeAmerican tribes. (State v. McBride, infra,955 P.2d at pp. 139-140.)

The appellate court's decision is another in a long string of court decisionsrefusing to accept a religious defense tomarijuana charges. In a nutshell, judges areextremely fearful that permitting a religiousdefense in a single case would lead towide-spread evasion of the anti-marijuanalaws by people raising bogus religiousclaims. This judicial fear is understandable,but patently unfair to sincere religioususers of marijuana.

Rather than throw the baby out withthe bath-water by denying sincere religioususers the right to raise a religious defense,judges should abide by their duty to decideeach case on its facts. Judges and juries arewell-equipped to distinguish fraudulentclaims and dishonest witnesses from authentic claims and truthful witnesses—that's what judges and juries do every single day in every single case. Certainly thesupposedly exalted right of "freedom ofreligion" should take precedence overjudges wanting to do less work.

The case is State v. McBride (1998)955P.2dl33.)

Back Issues 1-10The first ten issues of The Entheogen Law Reporter.Includes many essays, answers to questions, and notes ongovernment-watched visionary plants and drugs.Comprehensively indexed.Limited supply. 100 pages.

$25.00, plus $3.00 s/h.(halfthe normal back issue price.)cal purchasers must add $1.70 sales tax.

Individual Back IssuesMost back issues are currently available for $5.00 each.

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 TELR 220

Entheogen Law NewsPUNT PATENT PITSSCIENTISTS AGAINST INDIANACTIVISTSSt. Louis Post-DispatchBill Lambrecht, 11 Oct. 1998

This drug is for the doctor, not the patientIfs potent enough to stir threats, shut downbioprospectJng and end U.S. aid to SouthAmerican Indians.

The drug is named ayahuasca and it lookslike any bushy tree. But to Amazoniantribes, it is a sacred hallucinogen whosename translates to "vine of the soul."

Using the bark from ayahuasca(pronounced eye-uh-WAHS-cuh), shamansconcoct a potion that propels them into aworld inhabited by spirits, alongside theforces of sickness and death, they say.

Irs also popular with middle-age NorthAmericans seeking a reprise of theirpsychedelic years and among young Europeans hunting thrills in South America.

Twelve years ago, California scientist andentrepreneur Loren Miller founded the Inter-national Plant Medicine Corp. and took out aU.S. patent on a variety of ayahuasca. Hestarted testing it for uses in psychotherapyand treating cancer. A few years ago, indigenous leaders learned ofthe patent, andrelations between plant collectors and SouthAmerican tribes have been headed downhillsince.

"It has become a symbol of gringos rippingoff the Indians,'' said David Neil!, a MissouriBotanical Garden staff member in Ecuador.

To outraged Indian activists, the patentamounts to a violation of a sacred tradition.Word spread that healers wanting to useayahuasca would need Miller's permission,which is untrue. In the highly charged atmosphere since, several Amazon nations haverefused new permits for bioprospecting.

Miller was declared "an enemy of indigenous peoples" by an organization calledCOICA, which stands for Coordinating Bodyfor Indigenous Organizations ofthe AmazonBasin. The group banned Miller and his associates from the region and warned in astatement in 1996 that tribes "will not beresponsible for ihe consequences to theirphysical safety."

Miller took those words as a death threat,and the US. Embassy in Quito regarded it

seriously enough to issue a statement earlier this year calling the warning "a repugnant illegal action." The Inter-AmericanFoundation, a U.S. government agency, cutoff aid to COICA this year; the group hadreceived $ 500,000 up to now.

The tribes wont back down. A COICAspokeswoman said last week that reactionsin Amazonian lands "are more and morestrong1' against the patent The group maychallenge its legality.

Miller, 49, a pharmacologist by training, declined to be interviewed, saying that he fearsfor his life. Tests have found no properties inayahuasca suitable for drug development,and the patent that has changed the tenor ofbioprospecting in Latin America sits in adrawer.

DRUG CHARGE UPHELD EVENWITHOUT DRUGSThe Plain DealerStephen Hudak

The drugs were imaginary but the law isnt

Peter D. Regatlis, 23, rightfully tost his driving privileges for a year and served a year inprison, an appeals court ruled yesterday,although he never had nor ever planned toget the LSD he had offered an undercoverdrug agent in Medina

He had argued he was entitled to a lessersentence because the LSD was imaginary.

Regatlis, a former Brunswick man, washomeless at the time he took $285 from anundercover drug agent on July 25, 1996,promising to get 60 hits of acid. He spentmost ofthe money on food and a temporaryplace to live.

"He didnt sell drugs," said his lawyer,Michael Westerhaus of Strongsville. "Hewas staying on the street He neededmoney for food and a place to stay. He hadno intention of buying them drugs. Heconned them out of their money."

Norte of that mattered to the judges ofthe9th District Ohio Court of Appeals, who ruledMedina County Common Pleas Judge Judith A Cross imposed the proper sentence.They noted it is not only against the law tosell illegal drugs, but also to offer to sellthem.

Regallis, who was arrested last year on thetrafficking charge when poBce found him in

Alabama selling magazine subscriptions,had pleaded no contest to trafficking indrugs, not a lesser charge of offering totraffic in drugs, the judges said. Unfortunately for Regallis, the more serious chargecarried mandatory time and a mandatorylicense suspension.

After she found Regallis guilty of trafficking,Cross agreed to suspend his sentence untilthe appeal was over - on the condition thatRegallis post a bond. He could have stayedout of prison by raising $100, records show.

Buthecoutdnt

Instead, he went to prison on Oct 29,1997,and was released July 22, according to Andrea Dean, a spokeswoman for the OhioDepartment of Rehabilitation and Correction.

Westerhaus doubted Regains was aware ofthe appellate ruling.

He wasnt certain it would make a differencenow, because Regallis has served his lime.

FEDS SOUGHT BIGGER DRUGDEAL TO ENSURE A STIFFERPRISON SENTENCEPittsburgh Post-GazetteAuthor Unknown, 23 Nov. 1998

This is the second part of a ten-partseries which ran in the Pittsburgh Post-Gazette. Mr. Staufer was the victim of whatis called "sentence entrapment," a ployused by anti-drug agents to manufacture aserious offense out of one that would likelybe much more minor. Mr. Staufer's casewas covered in the 6 TELR 54:

Michael Staufer tost his minimum wage jobat about me same time he was robbed andbeaten in August 1992 on a Los Angelesstreet Times were so tough he lived in a

So when a friend named Scott suddenlypressed Staufer to find turn 10,000 hits ofLSD, Staufer wondered if the guy mighthave been high on the drug himself.

Staufer was 21 years old, parted hard andused LSD when he could afford it Once,he'd bought 20 or 25 hits of the drug that heresold to his friends, but he wasnt a dealer,and he certainly didnt have the money tofinance 10,000 hits.

(Continued on page 222)

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 TELR 221

Entheogen Law News(Continued from page 221)

What Staufer didnt know was that federalagents had busted Scott on drug chargesand promised him leniency if he would helpthe feds snare other drug dealers.

So Scott pressed Staufer, hoping to set himup in a drug deal that agents could tfienbust So persistent was Scott that Stauferalmost lost a part-time job he'd landed because of Scott's repeated phone calls.

Finally, Staufer gave in and was introducedto the supposed buyer, who was an agent ofIhe U.S. Drug Enforcement Administration.The agent wanted 10,000 hits of LSD.

Staufers LSD supplier, who barely knewStaufer, initially resisted the deal becausehe kiiew Staufer was not in a position to payfor it Then, the dealer told Staufer he wouldsell him 5,000 doses of the drug.

That wasnt good enough for the undercoveragent, who insisted on buying 10,000,knowing it would double Staufers prisontime. After several conversations, Stauferfinally cajoled his supplier to provide thelarger amount He was arrested when heshewed the LSD to the agent

A judge sentenced Staufer tothe mandatory12-year sentence that federal law required.

"(The judge) explained to Staufer that thecourt of appeals had just reversed him forgiving a life sentence to a man who hadkilled his wife by throwing her off a shipwhere they were spending their honeymoon, and (the judge) expressed his disapproval of a system that compelled him to'give Mr. Staufer for the transaction moretime in prison than (he was) authorized togive a man who murdered his wife on theirhoneymoon," according to Staufers appeal.

An appellate court eventually affirmed hisconvictron, but it was sent back to Ihe towercourt for le-sertencing. The court ruled hissentence should be reduced because of"sentencing entrapment" - the governmentforced Staufer into a bigger deal than hecould really handle, just so the feds coulddouble his prison term.

Staufers sentence was reduced to justmore than six years.

POLICE WILL SEARCH PARKEDCARS FOR DRUGSThe Idaho Press-Tribune

Vickie Holbrook & Sam Bass5 Nov. 1998

Canyon County is losing the war againstdrugs, Sheriff George Nourse said, preparing to launch a heavy handed assault ondrug users and dealers.

Ten drug dogs, partnered with City-CountyNarcotics Unit officers, will search for illegaldrugs in public parking lots. That could include local shopping centers and event cerv

Commun'ity reaction is mixed. The countyprosecutor praises the plan, but the publicdefender blasts it And some focal businessmanagers are not convinced the idea is agood one.

Nourse said the plan is the most heavy-handed law enforcement approach he hasever launched, but it is necessary. Illegaldrugs are linked directly and indirectly tonearly all crime in the county, Nourse said.

Canyon County Public Defender KlausWiebe vehemently opposes the idea.

"Every person in Canyon County should beoutraged by tfiis abuse of our constitutionalright to privacy by the police," Wiebe said.The specter of aimed and uniformed policewith German Shepherd dogs roamingthrough public parking tots should frighten allof us into re-examining our commitment tothe principles this country has always stoodfor."

'We WEI fight this not only as lawyers, butalso as freedom loving Americans," Wiebe

Canyon County Prosecutor David Young,on the other hand, enthusiastically supportsNourse's proposal.

"Irs a great idea," Young said, "because wewant to make it known that Canyon Countyis a dangerous place for criminals to havedrugs. We want to interrupt tie flow of drugsas much as possible."

Nourse told Caldwell Rotarians Wednesdaythat the effort should result in many misdemeanor arrests "up to 100 a month'1 in thebeginning.

Canine olfactory senses are so keen thatthey can smell drugs without gaining accessto a vehicle, which will make the parking-lotpatrols effective, Nourse said.

If a dog indicates that drugs are in a car, aninvestigator will watch the vehicle and wait for1he driver to leave the parking let, Noursesaid. The investigator will stop the driver before continuing the investigation. The dog willbe allowed to search the vehicle more thoroughly to find illegal drugs or determine if thevehicle had been used to transport drugs.

He plans to cite the offenders, fingerprintthem and take their photos. Nourse hopesjudges will order the offenders to seek treatment pay a fine and perform community service at their own expense. It will be essentialfor officers to use good judgment in makingarrests, he said, noting that there may betimes that someone has drugs in the carwithout the owner's or driver's knowledge.The sheriffs office already uses dogs on patrol, which has lead to the discovery of narcotics during routine traffic stops.

Nourse said it will take more than drug dogsin paring tots to wage war on local drug use.Other ideas include a drug court and billboards.

Area business managers are worried thesheriffs plan may backfire.

Ann Foster, Operations director at Kmart inNampa, has mixed feelings. "Ifs a double-edged sword. If they do it the way they saythey wiH, it will benefit the community. Myconcern is they (may) target one particularlocation or type of business."

No way, said Peter L Gitvany, Karcher MallGeneral Manager. "He will scare my customers away. Doesnt he have enough to dowithout going on private property like this?Perhaps he should go on school groundsand stop it at the source. This is where heshould target his drug dog activity."

"The school district has no toleration for theuse or possession of any illegal drugs," Caldwell School District Associate SuperintendentChuck Randolph said. 'We make use of thedrug dogs in schools. We win take a wait-and-see attrrxidetciwairi their ijse in trve parking lots."

Randolph said his main concern is officersstopping a students vehicle and a subsequent search that finds nothing.

3rd District Magistrate Judge James C. Mortittdeclined to comment on the project saying: "itmay result in people being arrested, and Icant comment on matters that may comebefore me (in court)."

(Continued on page 223)

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 TELR 222

Entheogen Law NewsTHE CHEMICAL EVOLUTION OFECSTASYLe FigaroChristophe DoreTranslation(from French) : B.Ryser& P. Webster, 14-15 Nov. 1998

... anybody can buy a pill of ecstasy.

Five to six times less expensive than a gramof cocaine, this hallucinogenic amphetaminesymbolizes the new age of the so-called"recreational" drugs. In just a few years ecstasy has become the absolute leader of tienew synthetic illegal drugs. Its productioncould radically change the situation of thetraffic in narcotics. Anti-narcotics forces findthemselves faced with a surprising situation:the drugs are manufactured in Europe(Netherlands and other northern countries)for an international distribution, including Asia,the land of opium: A reversal of tradition, itwould seem.

"The number of seizures of the syntheticdrugs has exploded and this trend is notover," confirms Gilles Ledair, the boss of theCentral Office for repression of traffic in illegaldrugs. On October 28,400,000 doses wereseized in an English-registered truck nearDunkerque. In February, 358,000 doseswere intercepted in Calais, [the north ofFrance, a major seaport].

In France, for the year 1998, seizures surpassed the total of those between 1993 and1997.

"The problem is ttiat anything can be sold asecstasy," confides a user. All types of amphetamines or methamphetamine are soldas ecstasy. These bogus pins are poorlymanufactured in Polish or Czech laboratoriesfrom legal products like Ketamine ("SpecialK" or "Keta"). 'We find a new generation of"ecstasy" like 2-CB, from Holland, or, lately,DOB (dimethoxy-bromoamphetamine), similar to LSD. More widely known in the USADOB composed most of the seizure inDunkerque last October 28. DOB can be upto 100 times more dangerous than genuine,pure ecstasy.

Just like in the fashion world, undergroundchemists permanently search for and createnew molecules. And this constant change inproducts makes police detection work verydifficult

The magnitude ofthe phenomenon is difficultto evaluate, concludes the IREP [Institute ofResearch in the Epidemiology of Addiction]

report, and it has become particularly troubling in the Benelux countries, in the largeEuropean cities, and above ail in GreatBritain.

The recent huge seizures prove that narco-traffickers understand the importance ofthese new products, so easy to manufacture in small easy to hide laboratories closeto the consumers.

IRISH AUTHORITIES CALL FORLOOKALIKE ECSTASY DRUG TOBE BANNEDIrish-timesC.Cleary&C.O'Keeffe2 Sep1998Gardai have called for a drug being sotd asecstasy to be added to the list of controlledsubstances following the seizure of 30,000tablets earlier this month.

Forensic experts have analyzed the tabletsas pure ketamine, a hallucinogenic substance originally developed as an animalanaesthetic.

Because ketamine is not on the Prish] list ofcontrolled substances in the 1984 Act, it isbelieved that the Director of Public Prosecutions will not recommend a charge againstthe Dublin man caught with the drugs in acar in Swords over two weeks ago.

The increasing use of the drug has resultedin a number of users experiencing "horrors"or disturbing hallucinations, instead of theexpected effects of ecstasy.

The man arrested with the drugs is believedto be working for a northside criminal, andthought the tablets were MDMA or ecstasy.Officers from the Garcia National Drugs Unithave spoken to Government officials aboutadding ketamine to the list of illegal drugs,according to a senior source...

UNC CAMPUS POLICE ARREST ASOPHOMORE ON CHARGES OFSELLING LSD AND OTHER DRUG-RELATED FELONIES.News & ObserverAlan Schier Zagier, 9 Oct. 1998

CHAPEL HILL - A students discovery ofdrug paraphernalia inside his substance-free dormitory room led to the arrest of another UNC-Chapel Hid student Wednesdayon charges of dealing LSD.Campus police charged Jennifer Alicia Bra-

siskis, a 19-year-old sophomore from HighPoint with two counts of felony possessionwith intent to sell and deliver the hallucinogenic drug. She was also charged with felonious sale of LSD, felony possession ofpsilocybin mushrooms, and maintaining adwelling for the safe of controlled substances, yet another felony.

According to police reports, undercover investigators bought 10 doses of LSD fromBrasiskis' private room at Granville TowersWest about 2 a.m. Wednesday. They relumed with a search warrant several hourslater, reports show, and found 36 more hitsof acid, two psychedelic mushrooms andone-half ounce of marijuana.

The trail to Granville Towers began with anear-overdose Tuesday on South Campus,said Derek Poarch, director of public safetyat the University of North Carolina at ChapelHill. That incident led campus and town police to the Old West dormitory.

At Old West police interviewed two students who had found pipes, rolling papersand other drug-related items in their room.The pair then summoned a resident advisor,who in turn alerted campus police.

The owner of the drug paraphernalia "putour housing contract in jeopardy," saidRichard Bohart, a freshman from Charlotte.

Bohart is one of nearly 500 students living inthree residence halls where alcohol and tobacco use and drug consumption are forbidden. The students must sign bindingagreements to refrain from substance useinside those dorms.

After taking the likely owner ofthe foundparaphernalia into custody (tie was later released), police went to Granville Towers, ahigh-rise apartment complex for students.

Brasiskis, who also faces misdemeanorcharges of possessing marijuana and drugparaphernalia, remained ... in custodyWednesday evening at the Orange Countyjafl In Hillsborough with bail set at $25,000.Her enrollment status is also in jeopardy; adrug conviction is grounds for automatic expulsion, said Melissa Exum, Ihe dean ofstudents.

Though unable to provide exact numbers,Poarch said that LSD arrests are relativelyrare on campus and in Chapel Hill. Mostrecently, a woman was arretted on LSDpossession charges last yeaf,ja$er police

(Continued on page 224)

The Entheogen Law Reporter • Post Office Box 73481 * Davis/California • 95617-3481 20 TELR 223

Entheogen Law News(Continued from page 223)foun&Jhec on the roof of Franklin StreetPizza & Pasta.

A DANGEROUS NEW HIGH: POISONCENTRE SAYS TEENS ARE EXPERIMENTING WITH TOXIC J1MSON WEEDThe GazetteUyenVu, 29 Oct. 1998

...Police fjn Montreal, Canada] are investigating reports that jimson weed is being soldon the street after a 20-year-old bought theplants seeds and ended up in St Luc Hospital last weekend.

Jimson weed, a highly toxic hallucinogen, isa popular ornamental plant in family gardens and roadside flower beds. It sends anaverage of 10 people a year to the Centred'Artrjpoison du Quebec - mostly for acci-dental poisonings.

But this year seems to be an exception.Since September, Ihe centre has seen 44cases, bringing the tally of those poisoned to66 this year.

"Most of the times, what we see is adolescent or young adults experimenting by wordof mouth," said Benoit Bailey, a pediatricianat Ste. Justine Hospital who collaborateswith the centre. They know that theyre supposed to get a high by eating the plant"

The new thing they're hearing is that theseeds are new sold on the street

BaOey speculates that recipes and instructions widefy distributed on the Internet areguiding some youngsters to try out Ihe plantwhose ofjicia! name is [Djatura stramonium

"I've never experienced the [Djatura, but I'veheard accounts from people who have,"said herbalist Marie Provost who growsplants for medicinal purposes at her base inVal-DavfcJ.;

The plant is very strong in creating anotherworld. People would talk to elves andgnomes and fairies. They'd eat soap andthink its chocolate. The people who told meabout the experience said its really djsturb-

The patients Bailey has treated tended to beextremely agitated and violent by tie timethey were checked into emergency wards.

"That plant 'jrows everywhere," [Bailey]said. "Eire'fy part of the plant contains toxins,so just by touching the plant and then the

eye, you can get blurred vision and dilatedpupils."

The city of Montreal planted jimson weed forpublic decorations until last year, when afather called in to complain that his littledaughter unwittingly got stoned from a plant

Rob Lento, who works at Chanvre En Ville,a hemp paraphernalia and information storeon Park Ave., said he doubts there's a market for seeds ttiat are available in abundance in people's gardens.

"I bet its just a couple of guys who have triedit and got a buzz out of it and thought they'dsell it I doubt if irll go farther than that"

Yvan Deforms, commander of the MontrealUrban Community police drug section, saidhis officers are checking out reports that theseeds are being sold on the street butadded that its next to impossible to track thedrug, as ifs not illegal.

2 ACCUSED OF IMPORTING ECSTASY ARE FREE ON BAILThe Orlando SentinelAuthor Unknown, 18 Aug. 1998

Two men charged last week with importing5,055 Ecstasy tablets in KJssimmee [Florida]were freed Monday on bail. [The men, whoare both residents of Orlando] were arrestedThursday night with a package outside aconvenience store where they were meeting, police said. The illegal stimulant is popular on the nightclub scene and also is knownas "MDMA"

Both were freed on $30,000 bail after a briefhearing in federal court in Orlando. The twowere arrested by U.S. Customs Service andOsceola County Investigative Bureauagents. Suspicious postal officials intercepted and X-rayed the package in Dulles,Va, after it was mailed from Belgium. Theythen lipped off authorities. [One of the men]said he had been paid $500 by [the otherman] to receive packages at a KJssimmeesign business where he worked and wasabout to receive $500 more when arrestedThursday night

MOM AND SON ARRESTED INECSTASY BUSTThe Times-PicayuneSteve Cannizaro13 June 1998

When a package containing 300 dosagesof the drug MDMA, belter known as ecstasy

or X, was confiscated en route to Chalmette[Louisiana] Friday, a St Bernard sheriffsdeputy donned a Federal Express uniformto make the delivery, resulting in the arrestof a mother and son who police said were toreceive it

It was "the biggest bust of ecstasy in a longtime" in St Bernard Parish, said Capt JohnDoran ofthe sheriffs narcotics unit

He estimated the street value at $25 to $35for each dose, a total of $8,000.

Federal Express had alerted New Orleanspolice that they had received a packagefrom Houston that might contain drugs, Doran said. Police, who got a search warrant,opened the package and found ecstasy.

New Orleans police called St. Bernard authorities, who took the package and delivered it to 301 Plantation Drive, Apt 301,Doran said.

Ivy Brauner, 48, signed for the package,Doran said. In seconds, other narcoticsagents knocked on the door and questionedher about the package, Doran said.

It was addressed to Ricky Spellman, whoBrauner said was a friend of her sorts, Doran said. In reality, Spellman doesnt existhe said.

Brauner eventually admitted the packagewas for her son, Anthony Lubrano, 26, whopolice said has no permanent local address.

Police monitored a call as Brauner spoke toher son about the package and he said hewould come over to get it Doran said.

After the call, police phoned Lubrano andtold him to come over to talk about thepackage, Doran said.

When Lubrano arrived, he denied anyknowledge of the package, refusing to cooperate, Doran said.

He said police booked Brauner with possession of ecstasy with intent to distribute because she had signed for the package. Lubrano was booked with the lesser charge ofattempted possession with intent to distribute, Doran said.

"He let his mother take the fall. He let her bethe patsy," Doran said. Doran said it is rareto find ecstasy in St Bernard.

(Continued on page 225),

The Entheogen Law Reporter • Post Office Box 73481 • Davis/California • 95617-3481 20 TELR-224

Entheogen Law News(Continued from page 224)"It comes around only in spurts," he said."We havent heard much about it lately."

TUESDAY LAW REPORT:PAGER MESSAGES COULD BEINTERCEPTEDThe Independent (London)Kate O'Hanlon, 13 Oct. 1998

The transmission of pager messages on theradio wave of a private system between abase station and individual receiving setswas not protected from interception by thedeeming provisions of section 10(2) oftheInterception of Communications Act 1985.

The Court of Appeal dismissed the appealof Sean Taytor-Sabori against his conviction, with others, of conspiracy to supply aClass A controlled drug.

The prosecution alleged that the appellantand a co-accused Hahn were the principalfinanciers and organisers of an operation tosupply MDMA (ecstasy). The appellant appealed against his conviction on the ground,inter alia, that the trial judge had erred in lawin admitting evidence of pager messagessent from Holland.

Shaun Spencer QC and Paul Marshall(Registrar of Criminal Appeals) for the appellant; Anthony Donne QC and Paul Lambert (Crown Prosecution Service) for theProsecution.

Lord Justice Henry said ttiat the appellanthad sought to exclude evidence ofthe communications on the ground that their interception by the police had been done withouta warrant and so was a criminal offenceunder section 1 ofthe Interception of Com-murocatjons Act 1985, because the policehad Intentionally intercepted a communication in the course of its transmission... bymeans of a public telecommunications system".

The messages in question had emanatedfrom Holland. The sender would telephonethe pager bureau in the United Kingdom.That was on tiie normal landline, which was,once within the UK, part of the BT putteetelecommunication system. The senderwould give his message orally to the operator, who would key it into the computer terminal, and read it back to the sender forconfirmation.

The written message on the computerwould then be sent from the pager bureau to

the pager terminal, again on the publictelecommunication system. At the pager terminal, the written message would be relayed by radio transmission to one of fourregional base stations, where the electronicpulse which reflected the typed messagewould be converted into radio waves andsent to the appellant's pager. The messages were then intercepted by the police,who had acquired pagers which responded

At the time of interception, therefore, it wasdear that the communications interceptedwere, in the words of section 10(2) of the1985 Act transmissions "otherwise than...by means of a public telecommunicationssystem".

Under section 10(2) such a transmissionwould be deemed to be "in the course of itstransmission by a public telecommunicationsystem" if: (a) it was to be or had beentransmitted by such a system; and (b) it hadbeen sent from, or was to be sent to, acountry or territory outside the British Isles.That deeming provision did not howevercome into play unless, inter alia, the following further requirement was satisfied, i.e.that the "mode of transmission" at interception "identified" the communication as onewhich satisfied (a) and (b) above.

ft was dear that section 10(2) was there tobridge the gap between a message leavingthe protected public system of a foreignstate (at its borders) and coming within ourprotected public system (at our borders). Ifthe message was transferred from border toborder by, for example, satellite, the satelliteused would identify the communication ascoming from the Dutch public system forconnection with ours.

Section 10(2) thus preserved the integrity oftransmission on, for example, satellite,which would otherwise be without the protection of the Act It did nothing, however, toprevent the interception of messages on theradio wave of the private system betweenthe regional base stations and the receivingsets of each individual. That "mode of transmission" did not identify the communicationas having been sent from a country outsidethe British islands.

The case is Regina v Sean Taylor-Sabori (Sept. 25, 1998) Court of Appeal,Criminal Division (Lord Justice Henry, SirPatrick Russell and His Honour JudgeBeaumont QC)

ELUSIVE MAKER OF LSJg~GUILTY OF SKIPPING BAILThe San Francisco ChronicleAuthor Unknown, 16 Oct. 1998

LSD manufacturer Nicholas Sand, whoevaded authorities for 20 years before hisarrest in Canada two years ago, was foundguilty yesterday of skipping bail.

Sand was convicted in 1974 of manufacturing and selling the powerful halludnogen,along with not paying income tax: However,he was freed on $50,000 bail pending appeal.

He then fled and was not found untilSeptember 1996, when he resurfacedamong seven people arrested by the RoyalCanadian Mounted Police in Vancouver,British Columbia

Sand was found guilty of bail-jumping byU.S. District Judge Samuel Conti in SanFrandsco yesterday.

Sand had waived his right to a jury trial. In anopinion, Conti noted that after his flight toCanada, Sand developed several falseidentities and obtained various fraudulentpassports, which he used during Canadianinvestigations of him for alleged illegaldrugs, arson, and failure to appear.

Sand adopted the identity of a dead Canadian infant Theodore Ectvvard, Parody, andobtained an Oregon driver's Bcense in thename of William Herbert .Gold., He alsocalled himself David Freeman, obtained aCanadian birth certificate and identificationas David Roy Shepard, and was furtherinvestigated under the name Thomas Parody.

Sand stiD faces charges in Canada involvingL£D, as well as conspiracy to sell MDMA, orEcstasy, another haltudnogenic drug.

Under yesterdays decision, Sand faces aslong as five more years in prison in additionto the 15 to which he was sentenced for the1970s drug convictions.

Sand wiB return to court for sentendng January 22.

> ^ V

The Entheogen Law Reporter • Post Office Box 73481 • Davis/Califbmia • 95617-3481 20 TELR 225