February 15, 2000
(MarijuanaNews note: Oddly, both the supporters and detractors of the UN
tend to overlook its pernicious DEA front based in Vienna. It is a threat
to freedom around the world.)
Argentine judge wants High Times writer extradited
From Reuters
By Jason Webb
BUENOS AIRES, Feb 11 (Reuters) - An Argentine judge wants to extradite a writer and former editor at U.S. counter-culture magazine High Times for promoting marijuana use in Argentina over the Internet, a court spokesman said on Friday.
Judge Luis Leiva from the western province of Mendoza has sent a request to the Argentine foreign ministry to ask the United States to extradite Peter Gorman. He wants Gorman to testify after a private complaint by a local bodybuilding champion that he encouraged marijuana use in High Time's online edition.
"He would just have to testify, nothing more,'' the spokesman at Leiva's office said.
In Argentina, promoting criminal activity is itself a crime and those found guilty can face years in prison. But Mendoza legal officials admitted privately that obtaining extradition of a contributor to a U.S. publication is unlikely, and that they only requested it because Argentine law obliged them to do so after the private complaint.
``I believe that this will be the first attempt at extradition of a High Times employee and I hope it goes no further than that,'' Gorman told Reuters from New York.
"I hope it's taken for what it is: a crank complaint by someone who can turn on Net Nanny or any of the other net services and no longer have the site available to them if they no longer wish to,'' said Gorman, who described himself as a ``very straight'' family man.
"I've got coffee and cigarettes here, so obviously I must be a substance user, but they're not putting me in jail for either of those,'' he said.
Gorman, who owns a bar in Iquitos in the Peruvian jungle and has recently written a book, specialises in articles about the medicinal use of plants and marijuana, whose uses he said include treating AIDS patients.
"I wouldn't promote use. But I would promote awareness of things that people are going to use anyway, so there is less harm from their use,'' Gorman said.
High Times was founded in 1974, ruffling U.S. conservatives who were powerless to stop it because of the constitutional right to freedom of speech.
The latest issue was a mixture of wine-magazine type grass connoisseurship, gardening hints and nostalgia for the 1960s.
It included an interview with a veteran rocker who lamented that audiences do not throw marijuana joints on the stage at concerts any more. There was also a "Bud and Bong Gallery'' of photographs of contributors' pet marijuana plants and favourite smoking implements. See www.hightimes.com Copyright 2000 Reuters Limited
Press release from Hassela Nordic Network See Potent Pot Myth Undermined By Report From The Ultimate Authority. Cited By Swedish Prohibitionist Who Don't Seem To Understand. As Usual.
February 14, 2000
Argentine judge requests extradition of 'High Times' writer
Judge Luis Leiva from the western province of Mendoza in Argentina has requested the extradition of a writer and former editor of the pothead magazine 'High Times', Peter Gorman, for encouraging marijuana use in High Time's online edition.
HNN-comment: This is a most interesting case even if it probably won't be successful. As has been pointed out in Article 3 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (2), to "publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly" (subparagraph 1 (c) (iii)) and requires each party to establish such conduct as a criminal offence under its domestic law.
The provision was included in the 1988 Convention because of concern about magazines and motion-picture films glorifying drug abuse and promoting a drug culture.
Governments are urged to make use of this Article
In the 1997 Annual Report of the Vienna-based UN agency INCB (International Narcotics Control Board) the following paragraphs elaborate on public incitement to abuse drugs.
See International Narcotics Control Board Criticizes Media, Urges More Responsible Reporting On Efforts To "Legalize Drugs" and "The Cannabis Problem"
Excerpts From The 1998 INTERNATIONAL NARCOTICS CONTROL BOARD Report The International Party Line and
THE DRUGS WORLD WAR - WHAT WENT WRONG? and
UN Narcs Complain That Canadian Web Sites And B.C. Marijuana Are Contributing To The "Cannabis Problem" and since the International Narcotics Control Board is located in Vienna see Half A Million Viennese Have Tried Cannabis; Police Have Stopped Arresting Users
B. Legal status of public incitement to abuse drugs: international drug control treaties and national legislation
8. Article 3 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 (2) refers to "publicly inciting or inducing others, by any means, to commit any of the offences established in accordance with this article or to use narcotic drugs or psychotropic substances illicitly" (subparagraph 1 (c) (iii)) and requires each party to establish such conduct as a criminal offence under its law. The provision was included in the 1988 Convention because of concern about magazines and motion-picture films glorifying drug abuse and promoting a drug culture.
9. When considering the meaning of "public incitement", the word "public" can be understood to refer to an action taken in public or a situation where the public as a whole is addressed.(footnote 1) The phrase "by any means" implies that the provision should be broadly interpreted and should cover incitement not only in public addresses or rallies, but also incitement using any type of media, including printed, audio-visual and electronic media. "By any means" should also be understood as covering any method of incitement and inducement, such as deceit, influence, monetary inducement or force.
10. A safeguard clause in article 3 of the 1988 Convention makes the offence of public incitement to use drugs illicitly subject to each party's constitutional principles and the basic concepts of its legal system. In some countries, the criminalization of public incitement to use drugs illicitly may run counter to guarantees of freedom of expression, either included in the constitution or embodied in statute law, judicial decisions or customary practice. It should, however, be the duty of States to find a practical way of conciliation between the contradictory exercise of rights. The freedom of expression cannot remain unrestricted when it conflicts with other essential values and rights.
The Board notes that it has been possible in most countries to take measures against the unrestricted availability and propagation of pornographic literature and material; it hopes that similar measures might be feasible with respect to the promotion of drug abuse.
11. To avail itself of a safeguard clause, a party to the 1988 Convention does not need to enter a reservation or make a specific declaration to the effect that its constitution does not allow a provision to be implemented. Under a number of articles of the 1988 Convention, however, parties have reinforced safeguard clauses with specific reservations or declarations. No such declaration or reservation has been entered in relation to publicly inciting or inducing others to commit drug-related offences.
National legislation
12. Incitement to commit criminal offences in general is often covered in national penal codes, and incitement by the mass media to commit offences is usually dealt with in legislation governing the media. In addition, many drug control laws and regulations have established incitement or inducement to consume illicit drugs as a separate criminal offence. A number of those laws do not distinguish between public and private incitement to commit such an offence, describing the conduct in question without reference to the number of persons involved. It is assumed that a judge deciding on the appropriate penalty in such a case will take into account the circumstances of the incitement to commit the offence, in particular whether it was public or not. Other laws specifically cover both private and public incitement to commit an offence under separate provisions and still others deal only with public incitement.
13. When describing the means of incitement to use illicit drugs, some provisions use the wording of the 1988 Convention while others describe the conduct in various terms indicative of methods of incitement, such as "encourages", "persuades", "surreptitiously or forcibly incites" or "shows illicit use in a favourable light". A number of laws specifically refer to the promotion or advertising by the mass media of the illicit use of drugs. In France, reference is made to using printed, audio or visual means to incite drug abuse; the public health code provides for up to five years of imprisonment and substantial fines for presentations favouring drug abuse. German law refers to incitement through the dissemination of written material, while the law in Honduras penalizes incitement via the communication media, whether auditory, printed or audio-visual. In Venezuela, it is unlawful to use audio, printed or visual media or drawings, recordings, photographic prints or banners or any other form of symbolic expression to incite illicit drug use.
14. Significant prison penalties are provided for under many laws prohibiting such public incitement. Those penalties largely exceed the penalties provided for illicit drug consumption in cases where the law also penalizes such consumption. Some provisions emphasize that incitement should be penalized whether or not it has led to consumption. Greater penalties are provided for aggravating circumstances, such as where incitement leads to the death of a person; is directed at a minor; is carried out by any person in charge of taking care of the victim, such as a teacher, parent or guardian; is carried out on the premises of educational, sports, health, military or penal facilities; is carried out by a public officer or with recourse to violence; or is carried out as part of the activities of an organized criminal group.
C. Changing the environment that promotes drug-taking
Popular culture
15. By far the greatest influence on many young people in developed countries, as well as in some developing countries, is the promotion or at least the tolerance of recreational drug use and abuse in popular culture, particularly in popular music. Some lyrics of songs advocate, directly or indirectly, smoking marijuana or taking other drugs and certain pop stars make statements as if the use of drugs for non-medical purposes were a normal and acceptable part of a person's lifestyle. Popular music has quickly developed into a global industry. In most countries, the names of certain pop stars have become familiar to the members of almost every household. With such globalization of popular music, messages tolerating or even promoting drug abuse are reaching beyond their countries of origin. Therefore, the Board believes that there may be some merit in enlisting the support of pop stars, sports stars and other popular personalities as non-drug-using role models in order to counter the multitude of messages in favour of the recreational use of illicit drugs. The Board invites Governments to contact representatives of the music and sports industries in that regard and to explore with them ways of contributing to the development of a popular culture that is against drug abuse.
See Czar Defends Payola. Can Anyone Defend His Lying?
Media
16. The media reach a vast audience every day and can therefore make a powerful contribution to the prevention of drug abuse. There have been, however, campaigns that have served to encourage drug use and abuse, in particular the use of marijuana. Some of these have been in the form of newspaper and magazine advertisements signed by prominent people in all walks of life.
(MarijuanaNews note: In other words, when (prominent) people oppose marijuana prohibition they should be arrested?) See Buckley Denounces Prosecution of McCormick and McWilliams In Strongest Terms Yet. "On the eve of the trial Judge King decided, so to speak, to eliminate the Bill of Rights."
17. The portrayal of drug use and abuse by some media reflects the concerns of alarmed parents and, at the same time, often fuels parental concerns without offering solutions, as well as widening the gap between young people and adults. Some newspapers are in the business of entertainment rather than information, so that sensationalism, if it improves circulation, is likely to be pursued at the expense of truth.
18. Objectivity rather than sensationalism should influence the sort of information carried by the media. Sensationalism, the desire to be provocative and the need for higher ratings, may also be behind the fact that several television companies in some countries in western Europe appear to be broadcasting many more programmes in support of a change in the drug law, if not the outright legalization of drugs, particularly cannabis, than programmes examining the consequences of following such a policy and the harm arising from it. Preventive education campaigns aimed at accurately informing the public in general of the effects of drugs and drug abuse will help to promote a more rational approach to drug problems and to avoid sensationalism.
19. The exaggeration of the immediate dangers of abusing some drugs means that there is an increasing gap between the information received by the community and the experience of young people. Similarly, the frequent calls by politicians to respond to drug abuse by introducing more severe punishment reveals a powerful lack of understanding of the nature of drug abuse and, in particular, of drug dependence. It is not the severity of punishment that acts as a deterrent, but the certainty of punishment.
20. In addition, some medical journals, magazines and newspapers have run features and editorials favouring the "medical" use of cannabis or suggesting the outright legalization of drugs. Some reputable journals publish editorials that are mainly or always in favour of legalization of the non-medical use of drugs. While such information can be seen as part of the general discussion of the subject, it tends to generate an overall climate of acceptance that is favourable to or at least tolerant of drug abuse. More thorough research needs to be undertaken in scientifically controlled trials to determine whether there is a case to be made for such medical use or whether existing treatment options are equally or more effective.
21. To maintain a balance in the public debate, policies that offer alternatives to drug legalization, and reliable information on the likely effects of such legalization on the individual, family and society need to be presented. It is also necessary to stress the importance of the international conventions to which States are parties and to see the issues in an international perspective and not just in a local one. Governments should play a positive, leading part in the debate and should not leave the advocacy role only to those who wish to bring about change. Drug issues which are of concern to and which will affect the majority of people should be the subject of a balanced debate, one that will allow those who are not persuaded by the calls for drug legalization to put forward their views. Scattered evidence from public opinion polls suggests that the majority of people are not in favour of any form of such legalization. The debate, unfortunately, has been taken over by a small number of activists who support some form of drug legalization.
22. It is possible to curb the showing by public broadcasting media, such as the press, radio, film and television, of favourable images of drug abuse. In some countries, it is possible to do this through legislation; in others it can be done through voluntary codes of practice; in still others, however, no restrictions on promoting drug abuse are in place because freedom of information and freedom of speech are considered to be more important than limiting the promotion of illicit drugs. The Governments of those countries may need to reconsider whether unrestricted access to and the propagation of such information are detrimental to the social and health conditions of their populations. Voluntary codes of conduct could be developed by the media, as suggested in the Comprehensive Multidisciplinary Outline of Future Activities in Drug Abuse Control,(3) to limit the irresponsible statements that are sometimes made and to encourage a more balanced approach to dealing with the issues of drug abuse.
Internet See Australia, New Zealand, Sweden, The International Prohibitionist Counterattack, and How We Can Use The Internet
23. More information on drugs has been made available to more people than ever before through the Internet. There have always been books that explain in detail, for example, how to grow cannabis indoors or how to make a range of "designer drugs" or which common plants contain hallucinogenic properties. That knowledge is now available on the Internet, crossing all national boundaries and defying restrictions on the dissemination of information (in books, newspapers, radio programmes, television programmes). There are many different pages on the World Wide Web devoted to the production and manufacture of illicit drugs and there are news groups for exchanging information not only on making drugs, but also on how to avoid detection, for sharing experiences and for providing support to persons arrested for illegal possession of controlled drugs. Most of the controversial information and ideas can easily be accessed by young people. However, there are also Web sites devoted to the accurate dissemination of facts about drug use and abuse and much of the material on prevention and drug education can be downloaded. Some information sites have taken this laudable step. Therefore, there is a positive side, as well as a negative side, to the new wealth of information available on the Internet. See The Hatch-Feinstein Methamphetamine Anti-Proliferation Act of 1999 Will Censor The Internet, Make It A Federal Crime To Teach Farmers To Grow Hemp, Or To Tell Medical Marijuana Patients How To Use or Grow Marijuana, Or Even To Link To A Site Selling Pipes! Analysis By Richard Cowan and Mapinc ACTION ALERT -- Meth Bill Outlaws Any Drug Speech
Misleading promotion of products made from hemp (cannabis plant) See Prohibitionist France Largest European Producer Of Hemp; EU Subsidies Reduced.
24. The promotion of many products made from hemp (cannabis plant) is designed to further enhance the image of cannabis being a useful product, and the goods that are produced from hemp are often described as being environmentally friendly because they are made from natural substances. The products made from hemp that are currently being marketed include jackets, handbags, caps, hats, wallets and shoes, as well as food and beverages. The use of hemp in foodstuffs and beverages further presents the image of cannabis as an innocuous, edible or even nutritious substance. In many instances, the use of hemp in such products is not intended to demonstrate its superiority to other natural materials that already exist; it is done for tactical reasons, to legitimize the commercial use of hemp as part of a campaign to legalize cannabis. In their catalogues or advertising campaigns, many marketers of hemp openly admit that their objective is the legalization of cannabis, thus contributing to the overall promotion of illicit drugs.
Political campaigns
25. Election campaigns have been conducted with candidates standing for parliament on a drug legalization platform. Some of the candidates for the European Parliament stood on such a platform and were successful. Thus, they were able to use their access and influence to win others over to their cause. Some campaigns, such as the successful campaigns for the "medical" use of cannabis in Arizona and California in the United States of America, have sought to change the law, while in the State of Washington a similar referendum was resoundingly defeated.
See DEAland Children Consume 90% of the Worlds Ritalin. "This year six million children across the USA -- over one tenth of the schoolage population -- will be prescribed anti-depressants and stimulants." Context for The Medical Marijuana Debate and "Drug Education" and Swedish Prohibitionists Say That World Health Organization Will Launch Global Propaganda Campaign Against "'Medical Excuse Marijuana' Deception"
Although the vast majority of such campaigns centre on the legalization, decriminalization or use of cannabis for "medical" purposes, there are organizations promoting the legalization of the non-medical use of other drugs; some are even promoting the legalization of all drugs.
26. Such political campaigns need to be met with rational arguments and unambiguous language pointing out the manifold problems that might arise from the decriminalization of drugs and that certainly would arise from the legalization of drugs, in particular the health and economic consequences of such action. The argument given by some that more harm is produced by tobacco and alcohol cannot justify adding other harmful substances to those already existing on the licit market.
27. The Board notes with regret that despite the fact that, as mentioned in paragraphs 8-11 above, Governments of States that are parties to the 1988 Convention are required to make the incitement or inducement to take drugs a criminal offence, either this has not been done or the law has not been enforced. Prominent people have issued some very public calls to take drugs and have not been prosecuted. This flagrant refusal by Governments to implement an international convention to which they are signatories is almost hypocritical.
Law enforcement
28. A certain amount of discretion is inevitable when implementing the law. Prioritization takes place regarding which types of crime are pursued more vigorously than others because of limited financial and human resources. The seriousness of the crime must also be considered. Thus, there are areas in most cities, in both developed and developing countries, where drug transactions are known to take place. This is formally tolerated in some countries, for example, where cannabis is openly sold in coffee shops, an activity that might be described as indirect incitement. This is not in accordance with the spirit or the letter of the international drug control treaties. In other countries there may be known drug-dealing areas where the police do not enforce drug laws to the letter. This might introduce an element of tolerance if not actual approval. Too much liberty and tolerance of open drug dealing can also lead to a situation that attracts drug abusers and promotes drug dealing, as has been seen in some big cities in Europe in the past few years.
29. The most promising form of prevention, in the long term, is to try to promote the formation of opinions and attitudes against drug abuse, so that the culture becomes one that is predominantly against drug abuse, in the same way that tobacco smoking has, in some countries, gradually come to be regarded as being anti-social; as a result, there has been a considerable decrease in tobacco use. The change in attitudes towards tobacco use has required many years of effort on many fronts. It has been achieved by introducing continuous education and advertising campaigns and progressively heavy taxation while trying to reduce the demand for tobacco through price control, in order to restrict its availability. It was possible to raise the cost of smoking tobacco through taxation; increased seizures of illicit drugs and the strict enforcement of drug legislation could have a similar effect on drug abuse.