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extracted from: DETAILS, April 1991.
BEDTIME FOR BONG-O The DEA has laid siege to High Times, the
official voice of pothead culture. Can its editor blow the lid off
the cannabis conspiracy? by Erik Hedegaard.
Who are the men in the black van, and why are they following
Steve Hager? Hager used to stay in motels when he traveled. No
longer. Because when he did, the men in the black van with the
smoked windows would rent the room next to his and pretend to work
on it. They would be dressed just like real workmen. The men would
have drills. The men would occasionally pull the triggers of the
drill. "What're you guys doing?", Hager would say to them. The men
would say, "We're working."
Steve Hager knows what the men in the van were working on.
What they were working on was him.
Hager is the editor of High Times magazine. You may know High
Times. Then again, you may not, so deep has it been buried at the
newsstands that still carry it. High Times is the magazine for the
recreational drug user: Penthouse for potheads. The High Times
centerfold is a double-page, Vaseline-lensed shot of an exotic bud
of glorious, mind-blowing weed. The magazine features all manner of
growing information as well as travelogues on Nepal, Jamaica,
Hawaii -wherever mind-altering substances can be found.
A relic, then. A dream of the '60s. Except that in Steve
Hager's mind the counterculture is very much alive. Hager is
sitting in his Manhattan office. He's wearing a pair of no-name
sneakers, jeans, and a sleeveless, lime-green T-shirt. He's got
real skinny arms, along which highways of veins run jaggedly
haywire.
Hager shrugs and looks around his office, down at the floor,
up into the corners. "I haven't done a sweep," he says. "I just
take it for granted that this place is bugged." A week or two ago,
his apartment was broken into. A random bit of thievery, or
something more purposeful? Who knows? The men in the black van
never seem to take a day off.
These are heady times to be a pothead. Across the United
States, pot and all that it stands for are under attack. In October
1989 the DEA put Operation Green Merchant into action. High Times's
advertisers have been mostly gardening-supply companies, and Hager
thinks that the DEA figured that by putting the pressure on them it
could also do something about High Times. So it raided the
merchants and began busting people who did business with them.
A guy named Bob , in Colorado, was one such person. Here,
according to the newspaper Westword, is what happened to Bob. The
DEA agents, hot on the drug tail, wedged their way into Bob's
place, after which one of them went over to Bob's arthritic old
Doberman, slicked out his pistol, and put the pistol to the pooch's
face. "We can either do this the hard way or the easy way," the
agent said to Bob. The dog lived. Bob saw the bracelets.
Moreover, there is the little matter of the Feds down in New
Orleans. Hager learned of their interest last May, when he was
served with a subpoena to appear before a grand jury investigating
the magazine for conspiracy to distribute drugs. This allegation
was based on the fact that High Times had accepted ads from a Dutch
company doing business in mail-order marijuana seeds. (High Times
has since been dropped from the investigation.) All of this, of
course, has had an effect on High Times. In recent months, it has
lost many of its advertisers.
Hager, it must be said, conducts himself in this troubled
situation with a certain sangfroid. But even he needs something to
calm his frazzled nerves. He takes a bite of toasted bagel with
cream cheese. "I would say being around High Times definitely makes
me smoke a lot more pot than if I wasn't around High Times," he
says. "It just sort of comes with the territory."
Hager's is the benign face of the post-coke, post-crack
substance abuser of the '90s. He is quiet and sincere. He doesn't
touch synthetic drugs, thinks cocaine is the Antichrist.
Conversely, pot is so wholesome it's almost good for you. "Like
after a hard day at work," he says, "you want to come back to you
pad and relax. One of the most effective, least toxic ways to do
that is to smoke a joint. It makes you a less aggressive, more
mellow person."
The country's young people, Hager thinks, are rediscovering
this. "The last generation that came up was a bad one," he says.
"But the next one, coming up now, the kids just entering college,
I think, have a whole new counterculture spirit. A lot of them are
smoking pot, but more importantly, a lot of them realize that pot
isn't a dangerous thing."
Mention the youth of America and marijuana in the same
sentence and you immediately make enemies. But black vans? Why are
they out to get Steve Hager? What makes Steve Hager so dangerous?
Hager knows. Hager is thrashing around his office, looking for
a journal from the 1930s, a report that was presented during the
Agricultural Processing Meeting of the American Society of
Mechanical Engineers in New Brunswick, New Jersey, on Fegruary 26,
1937.
Wide-eyed and unshaven, Hager is rummaging through overflowing
files and digging his fingers into a pile of documents on a coffee
table. The papers swirl away from him. Suddenly he's waving
something: an analysis of the marijuana plant written by one George
A. Lowry, entitled Flax and Hemp: From the Seed to the Loom.
Hager flips into the heart of the document. "Let me show you
real quickly what it says here about hemp," he says, and begins to
read: "Hemp, the strongest of the vegetable fibers, gives the
greatest production per acre and requires the least attention per
acre. It not only requires no weeding but also kills off all the
weeds and leaves the soil in splendid condition for the following
crop."
Also: "Floods and dust storms have given warnings against the
destruction of timber. Possibly, the hitherto waste product
of...hemp may yet meet a good part of that need, especially in the
plastics field, which is growing by leaps and bounds."
Hager drops the document on the coffee table and looks out a
window that gives onto the city and its massive car-crammed
streets. He shakes his head. He's a little grim now. "It was only
a few weeks from the deliverance of this report," he says, "to the
outlawing of hemp."
That fact, to Hager, explains a lot -not only about why he's
being hounded but also about who is doing the hounding. It all has
to do with economics. In his estimation, the government is merely
acting as the agent of a poweer even greater than itself, with
"far-seeing eyes," that has "investigated possibilities of profits
and long-term.. you know," and has come to the conclusion that High
Times is a threat to the power's continuing existence and good
fortune and that it must be driven out of existence- disappeared.
Hager likes to say, "Hemp -pot- can be used in the manufacture of
a whole range of products -plastics, fuel, fiber, food, medicines,
even dynamite. These products, many of them, are currently made
with petrochemicals, pollutants of the first water -so what Hager
is proposing is that harmless hemp be used instead. He wants
marijuana to be legalized, not only so the country can toke at will
but also to save the country.
Which is why the fellows in the black van have it in for
Hager. Should he attract too many believerrs, there could be a
ground swell of pro-hemp activism, which could lead to the
overthrow of current laws regulating hemp, which could lead to
hemp's replacing petrochemicals in the manufacture of any number of
products. In other words, it could spell the demise of the
petrochemical industry as we know it.
But for a long time, that message did not get out. One
imagines that some recreational user, at some point, realized the
dark truth about the international petrochemical conspiracy
-Eureka!- only, promptly, to forget. It goes with the territory.
And so, for a long time after Dr. Lowry's fateful report, hemp made
news only when it was cited as the cause of particularly grisly
murders. The only Americans who experienced its wonders firsthand
were bongo players, beatniks, and jazz freaks.
Then, of course, came the Great Awakening. Acapulco Gold,
Colombian Black, Thai Stick, Hawaiian. Chamber pipes, chillums, and
Riz Abadie rolling paper. What magic those words held. Clouds of
joy. Buy a triple-beam scale and smoke the profits! Plastics was no
suitable career for a young man, but plastic made an excellent
bong.
High Times was lanuched in 1974, the brainchild of a longhair
named Tom Forcade. Forcade had grown up in Arizona and, according
to his mom, was "very sensitive, shy, and patriotic -a good Boy
Scout and Explorer." buy that was before he lost interest in hot
rods and started sucking down everything one could possibly suck
down -from vanilla extract (six bottles a day) to absinthe
(homemade). But mostly he was into pot, both as a user and as a
dealer. To sell it, he set up smoke-easis: go to his loft, knock on
the door once, twice, three times, and you'd be led to a room where
you could sample a number of different strains, take your pick, pay
up, and split.
Dressed in his stovepipe jeans, toad-sticker boots, and floppy
hat -either in that or a three-piece suit or as a priest, with a
cleric's collar- he considered himself not so much a hippie as an
outlaw. "People talk about peace," he used to say. "I'm not into
peace. I don't want peace. I want life. I associate peace with
graveyards. I associate peace with stagnation."
Life to Forcade meant being on intimate terms with airplanes,
which he flew to Colombia on pot-smuggling operations, and guns.
"He knew munitions," recalls an early writer. Says another, "He
wasn't afraid to carry a gun -or use it." For a while he covered
his house's windows with barbed wire. When asked why, he would
reply, "Did you notice the charred marks on the house when you came
in? Someone threw a bomb."
Forcade was, along with Abbie Hoffman, one of the original
yippies. But unlike Abbie, Forcade thought that the yippies'
antiwar demonstrations should involve serious mayhem; eventually he
split from the main group and formed his own -the Zippies, ZIP
standing for Zeitgeist International Party. Abbie immediately
denounced Forcade as a "maniac" and began spreading rumors that he
was a stoolie.
At the same time, Forcade headed the Underground Press
Syndicate (UPS), the counterculture's version of the Associated
Press. His headquarters was the basement of a building on West
Tenth Street in New York -actually, a warren of basements all
connected like catacombs. Forcade's friends were people like
Leonard Crow Dog, who was his bodyguard and beat up anybody who
ripped him off.
Forcade had a vision of how, if pot were legal, he and his
friends could exist in a world that would be self-sustaining. They
would sit around and smoke lots of dope, of course. But they would
also be able to have careers. In advertising, for instance, coming
up with campaigns to promote Acapulco Gold. Or in the head-shop
business, hawking roach clips and bongs. Says Rex Weiner, one of
the magazine's founding members, "It was the idea of having a world
to live in where you wouldn't have to deal with the other world."
Thus was High times created, to glorify pot and to be the
driving force in the campaign for its legalization, which would
then lead to the formation of a new nation populated by the 25
million Americans who were smoking dope.
High Times's circulation jumped form 25,000 to 300,000 in two
years. It ran articles with titles such as "I Was JFK's Dealer" and
"Golden Days of Coca Wine." It featured sections that remain today,
among them "Highwitness News" and "Trans-High Market Quotations,"
a rundown of pot prices that includes evaluations of what you get
for your money. ("Iowa City, IA: Mexican, 'Lamb's Breath, tight
buds, super high.'1/4oz., $35-$40; oz., $150-$160.")
The magazine had bureaus in Southeast Asia, South America,
India, and Europe. In the New York office, drugs were commonplace.
"On Fridays -paydays- the dope dealers would come around, and
everybody would sample their wares," says Weiner. And at parties,
people would slither around with balloons filled with nitrous
oxide.
But not everyone was necessarily at the parties to have a good
time. One High Times employee turned out to be an undercover cop.
A friend turned out to be an informer for the Feds. History has not
recorded whether or not there were black vans involved in this
harassment, but Tom Forcade did not react with sangfroid. Legend
has it that Forcade tried to shut the magazine down, going after
the switchbaord with an ax and chasing people around the office.
But by then the magazine had taken on a life of its own. "The
momentum of it could not be stopped. He had created a monster, and
it just kept going," recalls Weiner. Forcade cast about for a new
wave to ride. He got involved in punk and make D.O.A., a
documentary about the Sex Pistols' American tour. The Pistols
thought he might be CIA.
In 1978 he flew to L.A. to try to interest Hollywood in a
movie project called Cocaine Cowboys, which starred Andy Warhol and
Jack Palance. No one would distribute it. All Hollywood wanted was
more of Forcade's nose candy. After a whil Forcade began to realize
that his vision of Pot World was a pipe dream. The '70s were coming
to an end, and efforts to legalize pot were going nowhere. "The big
changes we had worked for, believed in, and hoped for were
obviously being derailed, stomped on, and insulted," recalls one
friend.
On November 19, 1978, Tom Forcade shot himself.
Following Forcade's death, the magazine floundered. For a
While it tried to expand its audience by going general interest and
suggesting that people get high on more than drugs -on love, for
instance, and by climbing mountains and snorkeling. By the mid-'80s
cocaine stories were a mainstay, tattoos a favored pictorial
element. It had become a magazine without a soul.
Outside, now, in midtown Manhattan, drones the dull, incessant
thrum of engines sucking on petroleum products for dear life. Up
Park Avenue comes a motorcycle. The rider is dressed in black
leathers, head to toe. Years earlier this might have been Forcade.
But today it is Steve Hager, who has brought High Times out of the
wilderness and made pot, once again, its central focus.
Hager is sitting in his office. The leathers are off, and he
is speaking of how he ended up where he is today. He grew up in the
heartland, amid amber waves of...hemp. "Hemp grows all over in
Illinois," Hager says. "It was impossible to grow up in Champaign
County and not be aware of it. It was everywhere." Bad shit, though
-"ditch weed"- which Hager first smoked when he was fifteen. "I
didn't really get anything out of it, except the thrill of knowing
it was against the law."
For FREE recorded information on how hemp can save the world, use
a touch tone phone to call 303/470-1100 Hemp Information Hotline
zzz
DRUG LAWS KILL
A Libertarian Outlook
by Gerald Schneider, Ph.D.
Bad as drug use can be, government laws to prevent drug use
are worse! More people die and are maimed because of drug laws
than from the drugs themselves. Drug laws can turn what may be a
personal tragedy into a criminal catastrophe. Both drug users
and drug haters would be better off if drug use were
decriminalized.
The intellectual establishment already knows that drug laws
do not work and are counterproductive. Popular culture figures
ranging from William F. Buckley, Jr. to _Bloom County_ cartoonist
Berke Breathed have denounced drug laws openly. But the public
still misunderstands.
Democratic and Republican candidates have exploited public
apprehension about drugs to get votes. These politicos promote
the fiction that drug laws help and more drug laws would help
more. They all stand guilty of fostering public hysteria about
drugs.
In contrast, Ron Paul, the 1988 Libertarian Party Presiden-
tial candidate, opposes drug laws. He is supported by a few
brave politicians such as Baltimore Mayor Kurt L. Schmoke. More
politicians would join with them if they did not fear public
censure.
Drug Laws Breed Crime
Crime syndicates prosper from illegal drugs today just as
bootleggers enriched themselves thanks to prohibition in the
1930s. High illegal drug prices attract and sustain criminals,
while addicts murder and rob for money to buy drugs.
In contrast, legalized drugs would sell at prices low enough
to discourage professional criminal entrepreneurs. Addicts would
not have to steal to pay for drugs to support their habits. For
example, the legalized price of heroin necessary to maintain an
addict would be about $1.50 per day.
With the end of drug laws, murder would drop 70%, burglary
60%. Cities would be much safer. Police would be freer to focus
on real crimes. Courts and jails would become uncrowded,
ensuring swifter justice and less need, if any, to build new
prisons. Government officials--foreign and domestic--would no
longer be corrupted by large sums of drug money.
Legal Drugs Safer
History proves that regardless of health risks, drug users
will be drug users. Alcoholism is considered a disease, not a
crime. Why should this be less true for drug use? Better to
depend on education, counseling, and voluntary treatment to curb
addiction than to turn addicts into criminals.
Coping with living is tough enough for addicts. Why saddle
them with the added burden of finding safe and affordable drugs?
Illegal drugs sold on the street are of unknown quality and, like
"bathtub gin" during prohibition, can harm and kill users. Legal
drugs would be sold over the counter in drug stores where safety
and cost could be judged.
Children especially need to be protected from bad drugs.
Drug vending should not be left to strangers in school yards and
on playgrounds. Legalized drugs would put most street drug
peddlers out of business. Legal drugs obtained by children would
at least be safer, even if these drugs are considered undesirable
by parents.
A Double Standard
For what it is worth, legal drugs--alcohol and nicotine (in
cigarettes)--kill thousands more people than illegal drugs do.
For example, in 1984 (the latest year for which complete data is
available), illegal drugs killed 3,500 people. In that same
year, there were 150,000 alcohol-related deaths and 350,000
tobacco-related deaths!
Beware of the contrived "war on drugs." Self destruction
through drug abuse of any kind should be discouraged by
responsible people. But keeping drugs illegal does not help,
and, as facts show, only makes matters worse.
Reprinted from THE WHEATON NEWS of Wheaton, Maryland, May
12, 1988. For a one year subscription to Mr. Schneider's biweekly
"Libertarian Outlook" column, send $15 to: Gerald Schneider, 8750
Georgia Ave., Suite 1410-B, Silver Spring, MD 20910. Copyright
1988 Gerald Schneider, Ph.D.
(This is the text of one of a series of eight topical Libertarian
outreach leaflets produced by the Libertarian Party of Skagit
County, WA. The leaflets have a panel with National LP member-
ship information, with a space for other LP groups to stamp their
own address and phone number. Samples and a bulk price list/
order form are available from: Libertarian Party of Skagit
County, P.O. Box 512, Anacortes, WA 98221.)
extracted from:
THE HERB BOOK The most complete catalog of nature's miracle plants"
ever published.
by John Lust
THE HERB BOOK has been called "The Natural Remedy
Bible"...Crammed full of case
histories, herbal formulas, full, yet concise descriptions of
herbs, their properties and uses, the majority of them illustrated,
THE HERB BOOK explains in easy-to-understand language how you may
use Nature's gentle medicines to build a livelier, healthier,
happier life!
listed as a treatment for:
Cannabis;
alcoholism, asthma, boredom, childbirth easing, cough,
cramps, genito-urinary ailments (disinfects the urine -useful for
venereal diseases.), headache (migrane included), inflammation,
insomnia, neuralgia...
Hemp agrimony;
bruises, constipation, fever, wounds, gall bladder, liver,
rheumatism...
Hemp nettle;
bronchitis, gastroenteritis, lungs (suitable for
supplementary followup treatment of tuberculosis)...
CANNABIS (Cannabis sativa)
Common Names:
Marijuana, pot, bhang, grass, Indian hemp, marihuana, weed...
Medicinal Part:
Flowering tops.
Descritpion:
Cannabis is an herbaceous annual plant found growing wild
and also cultivated in warm climates. It can be found to some
extent everywhere in the U.S., especially in the central and
midwestern states. The rough, angular, branched stems reach a
height of 3 to 10 feet and bear opposite (or alternate near the
top), palmate leaves with 5 to 7 narrow, lanceolate, coarsely
serrate, pointed leaflets. The flowers are small and green, the
male growing on one plant in axillary panicles, the female on
another in spike-like clusters from August to October. The fruit is
a small, ash-colored achene.
Properties and Uses:
Although the current interest in cannabis centers on its
euphorigenic properties, the plant has in the past also shown much
promise as a medicinal agent. One researcher's catalog of past uses
includes: analgesic-hypnotic, topical anesthetic, antiasthmatic,
antibiotic, antiepileptic and antispasmodic, antidepressant and
tranquilizer, antitussive, appetite stimulant, oxyticic, preventive
and anodyne for neuralgia (inculuding migraine), aid to
psychotherapy, and agent to ease withdrawal from alcohol and
opiates. Restrictions placed on cannabis in the U.S. since 1937
have practically eliminated its use as a medicinal agent, and even
research into its properties was practically nonexistent until the
last few years. Its medical history suggests that cannabis has only
low toxicity (no confirmed deaths have been attributed to cannabis
poisoning), but it also indicates that cannabis drugs are unstable
and of variable potency. The euphorigenic substances of cannabis,
isomers of tetrahydrocannabinol (THC), are found particularly in
resins contained in the upper leaves and the bracts of the female
flowers.
Preparation and Dosage:
Not recommended for use without medical direction. Plants
grown in dry, sandy soil are the most active medicinally.
HEMP AGRIMONY (Eupatorium Cannabinum)
Common Names:
Sweet-smelling trefoil, water maudlin.
Medicinal Part:
The plant.
Description:
Hemp agrimony is a European perennial plant which grows along
shorelines, in ditches, and in other moist places. The reddish,
bluntly angular stem is the top. The short-petioled leaves are
oposite, dark green on top, gray-green below, and palmately three-
to five-parted, with lanceolate, serrate leaflets. The reddish
flowers grow in compound terminal cymes from July to September.
Properties and Uses:
Cholagogue, diaphoretic, diuretic, emetic, expectorant,
pugative. An infusion of the leaves is helpful for liver problems
and is also recommended for rheumatism. A decoction of the
rootstock is used as an expectorant; in large doses it acts as a
laxative and emetic. Hemp agrimony can also be applied externally
to wounds, bruises, sores, swellings, etc.
Preparation and Dosage:
Infusion: Steep 2 tsp. leaves or herb in 1 cup water. Take 1
cup a day.
Cold Extract: Soak 1 tbsp. leaves or herb in 1 cup cold water
for 8 to 10 hours. Take 1 cup a day.
HEMP NETTLE (Galeoopsis tetrahit)
Common Names:
Bastard hemp, bee-nettle, dog-nettle, hemp dead nettle.
Medicinal part:
The herb.
Description:
Hemp hettle is an annual weed found in gardens and waste
places all over Canada, in Alaska, and from the Great Lakes south
to West Virginia. The square, branching stem is swollen at the
joints and covered with bristly, downward-pointing hairs. The
opposite, ovate, coarsely toothed leaves are from 2 to 5 inches
long and bristly on both sides. Dense, whorled, terminal or
axillary clusters of pale magenta, two-lipped flowers with
bell-shaped, spiny calyxes appear from June to October.
Properties and Uses:
Astringent, diuretic, expectorant. Hemp nettle is
particularly good for clearing up bronchial congestion and phlegm
and is commonly used for coughs. It seems to have a beneficial
effect on the blood and has been recommended for anemia and other
blood disorders. Europeans also use it as a home remedy for spleen
problems and tuberculosis.
Preparation and Dosage:
Use the dried herb.
Infusion: Steep 2 tsp. dried herb in 1/2 cup water for 5 to
10 minutes. Take 1 to 1 1/2 cups a day.
Decoction: Boil 2 to 4 tsp. dried herb in 1 cup water for 10
minutes. Take 1 cup a day.
HERBAL MIXTURES FORMULAS FOR HEALTH Chest and Lung Problems-
Knotgrass Shave grass
Hemp nettle Primrose flower
Boil equal parts of knotgrass and shave grass lightly, then
steep equal parts of hemp nettle and primrose flowers in the
decoction for 5 minutes. Add 1 tsp. honey per cup. Take 1 to 1 1/2
cups a day, in mouthful doses.
Shave grass Witch grass Hemp nettle
Mix in equal parts. Add 1 heaping tsp. to 1/2 cup cold water.
Bring to a boil, boil for 1 minute, then steep for 1 minute and
strain. Take 1 to 1 1/2 cuups a day, in mouthful doses, sweetened
with 2 tsp. honey per cup if desired.
HEMP (CANNABIS) Legend and Lore
Thought to have originated in the area just north of the
Himalaya mountains, the hemp plant was used by the Chinese to
produce fiber as early as 2800 B.C. By 500 A.D. the plant had
spread to Europe, and eventually it was brought to the New World by
the explorers. Now it is a common plant found wild or cultivated
over much of the world.
The mind-affecting properites of hemp have also been known
since antiquity. According to the Greek historian Heroditus (fifth
century B.C.), the ancient Scythians and Thracians got high on the
fumes of the roasted seeds. Because of their effects on the mind,
hemp drugs are outlawed or restricted in most countries of the
world; but the demand for them is more than sufficient to maintain
considerable illegal world traffic.
Hemp drugs are prepared in three main grades: bhang, ganja,
and charras. Bhang, the least potent and cheapest form, consists
basically of the dried leaves and flowering tops of male and female
hemp plants. The marijuana used in the United States is comparable
to bhang in quality and potency. Ganja, a more potent preparation,
consists of a mixture of resin and plant parts from the flowering
tops of female plants. Charras, the most potent and
expensive grade, consists of pure resin from the female flowers of
plants grown at high altitudes. Within the three main grades are
further graduations of quality, depending on the actual method of
preparation. Hashish, for example, is an inferior grade of charras.
The word assassin is generally linked with hashish through the
Arabic word hashshashin or hashishin (meaning "hashish eaters"), a
term applied to a class of followers of a Persian secret society
active from the eleventh to the thirteenth century A.D.
Assassination of enemies, the predominant feature of the sect, was
carried out by the hashishin under the influence of a drug,
presumably hashish. However, both the identification of hashish
with the drug involved and the validity of the etymology of
assassin have been challenged as inaccurate. A definitve resolution
of the question is of some importance, since the story of the
Persian assasssins provides one of the main arguments for those who
associate marijuana with crime.
Transcript of the Original USDA Film:
HEMP FOR VICTORY -1942-
Long ago when these acient Grecian temples were new, hemp was
already old in the service of mankind. For thousands of years, even
then, this plant had been grown for cordage and cloth in China and
elsewhere in the East. For centuries prior to about 1850 all the
ships that sailed the western seas were rigged with hempen rope and
sails. For the sailor, no less than the hangman, hemp was
indispensable.
A 44-gun frigate like our cherished Old Ironsides took over 60
tons of hemp for rigging, including an anchor cable 25 inches in
circumferance. The Conestoga wagons and prarie schooners of pioneer
days were covered with hemp canvas. Indeed the very word canvas
comes from the Arabic word for hemp. In those days hemp was an
important crop in Kentucky and Missouri. Then came cheaper imported
fibers for cordage, like jute, sisal and Manila hemp, and the
culture of hemp in America declined.
But now with Philippine and East Indian sources of hemp in the
hands of the Japanese, and shipment of jute from India curtailed,
American hemp must meet the needs of our Army and Navy as well as
of our industry. In 1942, patriotic farmers at the government's
request planted 36,000 acres of seed hemp, an increase of several
thousand percent. The goal for 1943 is 50,000 acres of seed hemp.
In Kentucky much of the seed hemp acreage is on river bottom
land such as this. Some of these fields are inaccessible except by
boat. Thus plans are afoot for a great expansion of a hemp industry
as a part of the war program. This film is designed to tell farmers
how to handle this ancient crop now little known outside Kentucky
and Wisconsin.
This is hemp seed. Be careful how you use it. For to grow hemp
legally you must have a federal registration and tax stamp. This is
provided for in your contract. Ask your county agent about it.
Don't forget.
Hemp demands a rich, well-drained soil such as is found here
in the Blue Grass region of Kentucky or in central Wisconsin. It
must be loose and rich in organic matter. Poor soils won't do. Soil
that will grow good corn will usually grow hemp.
Hemp is not hard on the soil. In Kentucky it has been grown
for several years on the same ground, though this practice is not
recommended. A dense and shady crop, hemp tends to choke out weeds.
Here's a Canada thistle that couldn't stand the competititon, dead
as a dodo. Thus hemp leaves the ground in good condition for the
following crop.
For fiber, hemp should be sewn closely, the closer the rows,
the better. These rows are spaced about four inches. This hemp has
been broadcast. Either way it should be sewn thick enough to grow
a slender stalk. Here's an ideal stand: the right height to be
harvested easily, thick enough to grow slender stalks that are easy
to cut and process.
Stalks like these here on the left yield the most fiber and
the best. Those on the right are too coarse and woody. For seed,
hemp is planted in hills like corn. Sometimes by hand. Hemp is a
dioecious plant. The female flower is inconspicuous. But the male
flower is easily spotted. In seed production after the pollen has
been shed, these male plants are cut out. These are the seeds on a
female plant.
Hemp for fiber is ready to harvest when the pollen is shedding
and the leaves are falling. In Kentucky, hemp harvest comes in
August. Here the old standby has been the self-rake reaper, which
has been used for a generation or more.
Hemp grows so luxuriantly in Kentucky that harvesting is
sometimes difficult, which may account for the popularity of the
self-rake with its lateral stroke. A modified rice binder has been
used to some extent. This machine works well on average hemp.
Recently, the improved hemp harvester, used for many years in
Wisconsin, has been introduced in Kentucky. This machine spreads
the hemp in a continuous swath. It is a far cry form this fast and
efficient modern harvester, that doesn't stall in the heaviest
hemp.
In Kentucky, hand cutting is practicing in opening fields for
the machine. In Kentucky, hemp is shucked as soon as safe, after
cutting, to be spread out for retting later in the fall.
In Wisconsin, hemp is harvested in September. Here the hemp
harvester with automatic spreader is standard equipment. Note how
smoothly the rotating apron lays the swaths preparatory to retting.
Here it is a common and essential practice to leave headlands
around hemp fields. Theses strips may be planted with other corps,
preferably small grain. Thus the harvester has room to make its
first round without preparatory hand cutting. The other machine is
running over corn stubble. When the cutter bar is much shorter than
the hemp is tall, overlapping occurs. Not so good for retting. The
standard cut is eitght ot nine feet.
The length of time hemp is left on the ground to ret depends
on the weather. The swaths must be turned to get a uniform ret.
When the woody core breaks away readily like this, the hemp is
about ready to pick up and bind into bundles. Well-retted hemp is
light to dark grey. The fiber tends to pull away from the stalks.
The presence of stalks in the bough-string stage indicates that
retting is well underway. When hemp is short or tangled or when the
ground is too wet for machines, it's bound by hand. A wooden bucket
is used. Twine will do for tying, but the hemp itself makes a good
band.
When conditions are favorable, the pickup binder is commonly
used. The swaths should lie smooth and even with the stalks
parallel. The picker won't work well in tangled hemp. After
binding, hemp is shucked as soon as possible to stop further
retting. In 1942, 14,000 acres of fiber hemp were harvested in the
United States. The goal for the old stanby cordage fiber, is
staging a strong comeback.
This is Kentucky hemp going into the dryer over mill at
Versailes. In the old days braking was done by hand. One of the
hardest jobs known to man. Now the power braker makes quick work of
it.
Spinning American hemp into rope yarn or twine in the old
Kentucky river mill at Frankfort, Kentucky. Another pioneer plant
that has been making cordage for more than a century. All such
plants will presently be turning out products spun from
American-grown hemp: twine of various kinds for tying and
upholster's work; rope for marine rigging and towing; for hay
forks, derricks, and heavy duty tackle; light duty firehose; thread
for shoes for millions of American soldieers; and parachute webbing
for our paratroopers. As for the United States Navy, every
battleship requires 34,000 feet of rope. Here in the Boston Navy
Yard, where cables for frigates were made long ago, crews are now
working night and day making corage for the fleet. In the old days
rope yarn was spun by hand. The rope yarn feeds through holes in an
iron plate. This is Manila hemp from the Navy's rapidly dwindling
reserves. When it is gone, American hemp will go on duty again:
hemp for mooring ships; hemp for tow lines; hemp for tackle and
gear; hemp for countless naval uses both on ship and shore. Just as
in the days when Old Ironsides sailed the seas victorious with her
hempen shrouds and hempen sails. Hemp for victory.
extracted from Dictionary of American History Volume III Charles
Scribner's Sons -New York 1976- page 271
HEMP.
Although England early sought hemp from the colonies to rig
its sailing ships, and the British government and colonial
legislatures tried to encourage its production by bounties, it
never became an important export crop. But the virgin clearings and
moderate climate of America invited its cultivation in a small way.
Hemp patches were attached to many colonial homesteads, hemp and
tow cloth were familiar household manufactures, and local cordage
supplied colonial shipyards.
After the Revolution, when settlers began to develop the rich
Ohio Valley bottomlands, hemp became a staple crop in Kentucky.
Mills for manufacturing it were erected at Lexington and elsewhere,
and hemp cordage and bale cloth were used to pack the pioneer
cotton crops of the Southwest. Output reached a maximum about 1860,
when some 74,000 tons were raised in the United States, of which
Kentucky produced 40,000 tons and Missouri 20,000 tons. Therafter
the advent of the steamship, the substitution of steel for hemp
cordage, and the introduction of artificial fibers lessened demand.
The U.S. production of hemp for fiber ceased shortly after World
War II.
[Brent Moore, The Hemp Industry in Kentucky.] Victor S. Clark
For more information about hemp use a touch tone phone and dial
303/477-1100....punch in 411 for general recorded
information....punch in 477 to hear a 10 minute recording of Hugh
Downs' ABC 20-20 program on HEMP!
Visit HEMPware, etc, 1090 S Wadsworth Unit D for legal, non-smoking
hemp products....visit with Connie and learn the truth about hemp!
The most common arguments against ending marijuana prohibition are
as easy to refute as they are to summarize:
1.Marijuana alters consciousness.
2.We have so much trouble with alcohol, tobacco and bad driving;
why make matters worse?
3.Ending prohibition will "send the wrong message."
4.Some people just can't cope with marijuana use.
5.Marijuana smokers have no motivation.
6.What about the children?
Anyone who advocates hemp/marijuana reform will hear these
statements time and again. But these engaging yet specious
arguments cannot hold up to rational scrutiny.
Let's look at them individually.
1."Marijuana alters consciousness."
Granted; but how is that bad? People who argue against getting
high on this natural herb often suggest getting "high on life" or
"high on God". This says that getting high is not, in itself,
wrong.
The real issue is freedom of thought. Eating chocolate, drinking
coffee, watching TV, drinking beer, smoking cigarettes, even prayer
and meditation alter consciousness. Who gave prohibitionists the
power to dictate to the rest of us what we can or cannot do for
fun? Will they ban these pastimes one day, too?
Neither the U.S. Constitution nor the Bible prohibits marijuana
use. In fact, the Bible says God gave man "all" the seed bearing
plants to use,and the Declaration of Independence specifically
declares that we have a right to the "pursuit of happiness." But
people who make certain choices are now persecuted for doing so.
2."We already ahve so much trouble with alcohol, tobacco and bad
driving; why make matters worse?"
If you think we have an aclcohol problem today, just remember the
"Roaring Twenties", when competing liquor outlets used to send
carloads of gangsters out with machine guns to settle their
differences.
The criminal violence caused by Prohibition (the 18th Ammendment)
were so much worse than the effects of drinking that the American
people soon voted in the 21st Amendment, and liquor was
re-legalized.
Society has since learned to cope with alcohol use, just as we
have accepted marijuana use for thousands of years. People are
quick to adapt, and most knowledgeable sources agree that marijuana
smokers are generally peaceful, law-abiding people. In fact, they
are often among the nices people you'll meet.
Drinking can lead to reckless driving. You shouldn't drive when
using common medicines like antihistamines, either. This is a
matter of common sense and personal responsibility.
No one should ever drive if they are not fully alert and capable of
doing so
Also affecting public safety, alcohol and
tobacco carry health risks that marijuana does not have. Some
500,000 people a year die from using tobacco or alcohol, but not
one single person ever died from smoking marijuana in all of
history. In fact, cannabis has hundreds of proven medical uses.
Society might set age limits on marijuana use, as we have for
alcohol and tobacco, but it is criminal to have set prison terms.
3."Ending marijuana prohibition 'sends the wrong message'-that we
condone drugs."
Prohibition is not about sending messages: It's about sending
people to jail. And prison cannot rehabilitate patriotic Americans
who blieve that the marijuana law is unconstitutional and immoral.
Marijuana is not a manufactured drug: It's a natural herb. Some
people enjoy smoking it, others don't. It's just a matter of taste.
A difference of opinion: And that's what democracy is all about.
Experts predict that marijuana use will level off soon after
prohibition ends and people will reduce their use of hard drugs.
So, the real message of prohibition is this: Despite all the
safeguards in the Constitution, petty tyrants still spread lies and
take away the freedoms of others.
If we want society to send the "right" message, we must do it
through honest educational programs about personal freedom and
responsibility. Ending prohibition will be the first part of that
lesson.
4."Some people just can't cope with marijuana use."
That's right: About 10% of Americans have addictive personalities
and they should avoid marijuana.
Each of us has the right to say "no" to marijuana:
But the 90% of us who can control our appetites also have a right
to say "yes", if we so desire.
Let's not ruin our lives with hysterical laws that do nothing to
solve the real problems facing society.
5."Marijuana smokers have no motivation."
Blaming marijuana is just a cop out. The Beatles wrote many of
their finest tunes while being quite open about smoking pot.
Justice Douglas Ginsburg was nominated for the Supreme Court and
many members of Congress, as well as successful professionals and
working people have smoked marijuana.
When a person loses motivation, there are usually many factors to
consider. They need our understanding and help. Arresting them and
putting them in prison does not solve these problems: It makes
matters worse.
Most people prefer to smoke marijuana for relaxation or creative
inspiration during leisure hours-not when they have work to do. And
if marijuana smokers are so unmotivated, how come it takes urine
tests, blood samples and hair analysis to tell who smokes it?
The simple fact is that most marijuana smokers are highly
motivated and productive citizens.
6."What about the children?"
An excellent question. What kind of world are we making for our
children: One full of prisons, secret police and intrusive laws
that encourage them to spy on their own parents. I say, let's build
them a world that respects each individual while it educates them
about the resposible use of freedom.
This is precisely why we must repeal prohibition. Not only will
it protect the rights and liberties that geneterations of Americans
have fought and died for: Hemp will also provide our children with
a healthy environment and a sustainable economy to live in.
Throughout history, hemp has been a help to our human society. It
now holds the key to our future.
For further information, write to:H.elp
E.liminate
M.arijuana
P.rohibition
5632 Van Nuys Blvd. Suite #210
Van Nuys, CA. 91401
or call:1-213-392-1806
In Colorado, use a touch tone phone to get FREE recorded
information about hemp....call the Hemp Information Hotline at
303/470-1100...punch in ext 411 for general system info....punch in
477 to hear a ten minute recording of Hugh Downs' ABC 20/20 program
on hemp....punch in 123 to hear a Colorado man with AIDS speak out
about hemp!
Visit Colorado's only hempery! HEMPware, etc 1090 S Wadsworth, Unit
D...open Monday thru Saturday form 10 am to 6 pm...Public meetings
held every first and third Saturday from 6 pm to 8 pm......reading
room open to public!
extracted from THE EMPEROR WEARS NO CLOTHES, by Jack Herer. fully
revised, updated and re-documented edition, September 1990. Chapter
Sixteen:
THE OFFICIAL STORY Debunking "Gutter Science" After 15 days of
taking testimony and more than a year's deliberation, DEA
Administrative Law Judge Francis L. Young formally urged the DEA to
allow doctors to prescribe marijuana in a September, 1988
judgement. He ruled: "The evidence in this record clearly shows
that marijuana has been accepted as capable of relieving the
distress of great numbers of very ill people, and doing so with
safety under medical supervision....It would be unreasonable,
arbitrary and capricious for DEA to continue to stand between those
sufferers and the benefits of this substance in light of the
evidence in this record. In strict medical terms, marijuana is far
safer than many foods we commonly consume...marijuana in its
natural form is one of the safest therapeutically active substances
known to man." Yet, DEA Administrator John Lawn December 30, 1989
denied this action and continues to deprive people of medical
cannabis, based on famous anti-marijuana studies like these:
WASTING TIME, WASTING LIVES
Over 90 years has passed since the 1894 British Raj study of
marijuana smokers in India reported that cannabis use was harmless
and even helpful. Numerous studies since have all agreed: The most
prominent being Siler, LaGuardia, Nixon's Shafer Commission and the
Canadian government's LeDain Commission. When asked in late
1989 about DEA administrator John Lawn's failure to implement his
decision, Young responded that Lawn was being given time to comply.
More than a year passed after the ruling quoted above when Lawn
officially refused to reschedule marijuana, keeping it classed as
a Schedule One dangerous drug with no known medical uses. This
was a politically motivated action that contradicts the facts and
inflicts needless suffering on helpless Americans. The National
Organization for the Reform of Marijuana Laws (NORML) and Family
Council on Drug Awareness quickly demanded Lawn's resignation.
What level of hypocrisy allows public officials to scoff at the
facts and deny the truth? How do they rationalize their atrocities?
GOVERNMENT DOUBLESPEAK
Since 1976, our federal government (i.e. NIDA, NIH, DEA* and
Action), police sponsored groups (like DARE*) and special interest
groups (like PDFA*) have presented to the public, press and parent
groups their "absolute evidence" of negative marijuana health
studies.
*National Institute on Drug Abuse, National Inst. of Health,
Drug Enforcement Agency, Drug Abuse Resistance Education,
Partnership for a Drug Free America.
When U.S. government sponsored marijuana research prior to 1976
indicated that pot was harmless or beneficial, the methodology of
how the studies were done was always presented in detail in the
reports; e.g., read T
he Therapeutic Potential of Marijuana (1976) and you will see
exactly what the methodology of each medical study was.
However, when our government bureaucrats deliberately
sponsored negative marijauna research -time and time again
Playboy magazine and/or NORML, High Times, etc. had to sue under
the new Freedom of Information Act to find out the actual methods
employed.
DR. HEATH/TULANE STUDY, 1974 The Hype: Brain Damage in Dead
Monkeys
In 1974, California Governor Ronald Reagan was asked about
decriminalizing marijuana. After producing the Heath/Tulane
University study, the so-called "Great Communicator" told the
national press, "The most reliable scientific sources say
permanent brain damage is one of the inevitable results of the
use of marijuana." (L.A. Times.)
And ever since, dead brain cells found in monkeys who were
forced to smoke marijuana has been given maximum scare play in
federal booklets and government sponsored propaganda literature
against pot.
Reports of these studies have also been distributed by the
hierarchy of drug rehabilitation professionals as part of their
rationalization for wanting to get kids off pot, based on
supposed scientific studies. This literature is generally given
to parent groups, church organizations, etc., who react in horror
and redistribute it further.
Senator Eastland, of Mississippi, used the same Heath study
to terrorize and stop our national legislators from supporting
NORML's decriminalization bills in Congress (throughout the
mid-1970s), mostly sponsored by Senator Jacob Javitts of New
York.
In the report, Heath concluded that Rhesus monkeys, smoking
the equivalent of only 30 joints a day, began to atrophy and die
after 90 days.
Heath opened the brains of the dead monkeys, counted the
dead brain cells, then took control monkeys who hadn't smoked
marijuana, killed them, and counted their dead brain cells. The
pot smoking monkeys had enormous amounts of dead brain cells as
compared to the "straight" monkeys.
Ronald Reagan's pronouncement was probably based on the fact
that marijuana smoking was the only difference in the two sets of
monkeys. Perhaps Reagan trusted the federal research to be real
and correct, therefore reflecting a real health hazard to humans.
Perhaps he had other motives.
Whatever their reasons, this is what the government
ballyhooed to press and PTA, who trusted the government
completely.
IN 1980, Playboy and NORML finally received for the first
time -after six years of requests and suing the government- an
accurate accounting of the research procedures used in the famous
report:
The Facts: Suffocation of Research Animals
The Heath "Voodoo" Research methodology, as reported in
Playboy: Rhesus monkeys were strapped into a chair and then
strapped into gas masks and given the equivalent of 63 Columbian
strength joints in "five minutes, thru the gas masks" losing no
smoke. The monkeys were suffocating!
When NORML/Playboy hired researchers to examine the reported
results against the actual methodology, they laughed.
They discovered, almost immediately, that Heath had
completely (intentionally? incompetently?) omited, among other
things, the carbon monoxide the monkeys inhaled during these
intervals of 63 joints in five minutes...
Carbon monoxide is a deadly gas that kills brain cells and
is given off by any burning object. All researchers found the
marijuana findings in Heath's experiment to be of no value,
because carbon monoxide poisoning and other factors involved were
totally left out of the report.
Three to five minutes of oxygen deprivation causes brain
damage, i.e. "dead brain cells" (Red Cross Lifesaving and Water
Safety manual).
The Heath Monkey study was actually a study in animal
asphyxiation and carbon monoxide poisoning.
Because of the smoke concentration, the monkeys were, in
effect, a bit like a person running the engine of their car in a
locked garage five, 10, 15, minutes at a time, every day!
This Heath study and others (like Nahas' early 1970s
studies) tried to show THC metabolites in humans, found in the
fatty tissue of the brain, reproductive organs and other fatty
areas of the body were related, in some way, to the dead brain
cells in the pot smoking monkeys.
LINGERING THC METABOLITES The Hype: Stays in Your System for 30
Days
The government also claimed that since "THC metabolites"
stay in the body's fatty cells for up to 30 days after ingestion,
just one joint was very dangerous; inferring that the long range
view of what these THC metabolites eventually could do to the
human race could not even be guessed and other pseudo-scientific
double-talk (e.g., phrases like: "might be," "could mean,"
"possibly," "perhaps," etc.)*
* "May, might, could and possibly are not scientific
conclusions."
Dr. Fred Oerther, M.D., September 1986. The spurious results of
Heath, Nahas and the pregnant mice and monkey studies at Temple
University and UC Davis (where they injected mice with synthetic
third-cousin analogues of THC) are now out of the body of
scientific and medical literature.
They are not used in scientific discourse, yet hundreds of
DEA and pharmaceutical company sopnsored literature goes to
parent groups, about the long term possible effects of these
metabolites on the brain and reproduction.
(Read the 1982 N.I.H.; the National Academy of Science's
evaluation on past studies; and the Costa Rican report, 1980.)
The Facts: Government's Own Experts Say That Metabolites Are
Non-Toxic, Harmless Residue
We interviewed three doctors of national reputation either
currently working (or having worked) for the U.S. government on
marijuana research:
-Dr. Thomas Ungerlieder, M.D., UCLA, appointed by Richard
Nixon in 1969 to the President's Select Committee on Marijuana,
re-appointed by Ford, Carter and Reagan, and currently head of
California's "Marijuana Medical Program;"
-Dr. Donald Tashkin, UCLA, M.D., for the last 14 years the
U.S. government's and the world's leading marijuana researcher on
pulmonary functions; and
-Dr. Tod Mikuriya, M.D., former national head of the U.S.
government's marijuana research programs in the late 1960s.
In effect, these doctors said that the active ingredients in
THC are used-up in the first or second pass through the liver.
The leftover THC metabolites then attach themselves, in a very
normal way, to fatty deposits, for the body to dispose of later,
and this is perfectly natural.
Many chemicals form foods, herbs and medicines do this all
the time in your body. Most are not dangerous and THC metabolites
show less toxic* potential than virtually any metabolic leftovrs
in your body of any known to man.
*The U.S. government has also known since 1946 that the oral
dose of cannabis required to kill a mouse has been found to be
about 40,000 times the dose required to produce typical symptoms
of intoxication. (Mikuriya, Tod, Marijuana Papers, 1976; Loewe,
journal of Pharmacological and Experimental Therapeutics,
October, 1946.)
THC metabolites, left in the body, can be compared to the
ash of a cigarette. They are the inert ingredient left-over after
the active cannabinoids have been metabolized by the body. These
inert metabolites are what urinary analysis studies show when
taken to discharge military or factory or athletic personnel for
using, or being in the presence of cannabis within the last 30
days.
LUNG DAMAGE STUDIES The Hype: More Dangerous Than Tobacco
The Berkeley marijuana carcinogenic studies of the late
1970s concluded that "marijuana is one-and-a-half times more
carcinogenic than tobacco."
This is only true if you compare the smoke from the broad
leaf of the tobacco to the broad leaf of the marijuana plant,
which is how the government does it.
The Facts: Not If You Smoke the Buds
The marijuana flowers have one third or less carcinogenic
tars as tobacco leaf, and virtually all the carcinogens can be
removed by using a water pipe system. Our government omitted this
information and its significance to the results of such studies
when speaking to the press.
In fact, it has been U.S. government policy to only compare
leaf to leaf, even though it knows that 95% to 99% of marijuana
smoked by Americans are the flowering tops (or buds) of the
female plant.
Marijuana leaf sells for $20 to $100 per ounce on the street
but "buds" from the same plant will often sell for around $200
per ounce. Yet even the most naive marijuana smoker prefers a
gram of bud to an ounce of leaf.
Yet this difference in tar comparisons with tobacco leaf
carcinogens gives a totally false interpretation in the public
mind of marijuana smoking verses tobacco smoking and the
carcinogenic properties of each. Also a tobacco smoker will smoke
20 to 60 cigarettes a day, where a heavy marijuana smoker may
smoke five to seven joints a day.
The Hype: More Harmful Than Tobacco
Marijuana has n
ever caused a known case of lung cancer as of December, 1989,
according to Dr. Donald Taskin of UCLA.
In 1976, Dr. Tashkin sent a written report to Dr. Gabriel
Nahas at the Rheims, France, Conference on Potential Cannabis
Medical Dangers.
The report Tashkin sent became the most sensationalized story
to come out of this negative world conference on cannabis.
This surprised Tashkin, who had sent the report to the Rheims
conference as an afterhought.
The Facts: Only in One of the 29 Areas of the Lungs -and Marijuana
Even Helps Other Areas
What Tashkin reported to the Rheims conference was that of 29
areas of the human lung (pulmonary) studied, one -the large air
passageway- found marijuana 15 times more an irritant than tobacco.
Afterwards, the U.S. government offered more money to fund
ongoing marijuana/pulmonary studies (which they had de-funded two
years earlier when Tashkin was getting encouraging therapeutic
results with marijuana/lung studies), but limited the research to
the large air passageway.
However, Tashkin admits that tobacco has little effect on this
area (the large air passage way) and marijuana has a positive or
neutral effect in most other areas of the lung. (See chapter 7,
"Therapeutic Uses of Cannabis.")
He admits the biggest health risk in the lungs would be a
person smoking 16 or more "large" spliffs a day of leaf/bud because
of the hypoxia of too much smoke and not enough oxygen.
Tashkin feels there is no danger for anyone to worry about
potentiating emphysema "in any way" by the use of marijuana
-totally the opposite of tobacco.
The Single Most Important Fact: Not One Recorded Case of Lung
Cancer Linked to Cannabis
We have inerviewed Dr. Tashkin numerous times. In 1986 I asked
him about an article he was preparing for submission to the New
England Journal of Medicine, indicating that cannabis smoking
caused as many or more pre-cancerous lesions as tobacco in 'equal'
amounts.
Most people do not realize, nor are the media told, that a
pre-cancerous lesion is any tissue abnormality; abrasion, eruption,
or redness. Unlike the radioactive lesions caused by tobacco, the
THC-related lesions contain no radioactivity.
We asked Tashkin how many people had gone on to get lung
cancer in these studies -or any other studies of long-term smokers
like Rastas, Coptics, etc.?
Dr. Tashkin, sitting in his UCLA laboratory, looked at me and
said, "Well, that's the strange part. So far no one we've studied
has gone on to get lung cancer."
"Was this reported to the press in the article?"
Well, it's in the article," Dr. Tashkin said in passing, "but
no one in the press even asked. They just assumed the worst."
This excerpt represents almost four pages of chapter sixteen
from THE EMPEROR WEARS NO CLOTHES, which contains 182 pages in all
(with the second half of the book being a severe compact of
size-reduced appendicies).For the authoritative historical record
of the cannabis plant, hemp prohibition, and how marijuana can
still save the world...write to:
H.E.M.P.\ 5632 Van Nuys Blvd. #210\ Van Nuys, CA 91401\
1-818-377-5886
In Colorado, call 303/470-1100...use touch tone phone...listen
to/leave msgs...lots of info...punch in ext 477 to hear a 10 minute
recording of Hugh Downs' ABC 20/20 program on HEMP!....punch in ext
123 to hear a Colorado man with AIDS speak out about HEMP!
Also visit Colorado's ONLY hempery....HEMPware, etc, 1090 S
Wadsworth, Lakewood...open monday thru saturday from 10 am to 8 pm.
Lots of legal, non-smoking hemp products such as hemp clothing,
cloth, hemp-seed oil, etc, as well as a reading room open to the
public.
The Libertarian Party asks:
SHOULD WE RE-LEGALIZE DRUGS?
- Should We Re-Legalize Drugs?
Libertarians, like most Americans, demand to be safe at home and
on
the streets. Libertarians would like all Americans to be healthy
and
free of drug dependence. But drug laws don't help, they make things
worse.
The professional politicians scramble to make names for
themselves
as tough anti-drug warriors, while the experts agree that the "war
on
drugs" has been lost, and could never be won. The tragic victims of
that war are your personal liberty and its companion,
responsibility.
It's time to consider the re-legalization of drugs.
- The Lessons of Prohibition
In the 1920's, alcohol was made illegal by Prohibition. The
result:
Organized Crime. Criminals jumped at the chance to supply the
demand
for liquor. The streets became battlegrounds. The criminals bought
off
law enforcement and judges. Adulterated booze blinded and killed
people. Civil rights were trampled in the hopeless attempt to keep
people from drinking.
When the American people saw what Prohibition was doing to them,
they supported its repeal. When they succeeded, most states
legalized
liquor and the criminal gangs were out of the liquor business.
Today's war on drugs is a re-run of Prohibition. Approximately
40
million Americans are occasional, peaceful users of some illegal
drug
who are no threat to anyone. They are not going to stop. The laws
don't, and can't, stop drug use.
Whenever there is a great demand for a product and government
makes
it illegal, a black market always appears to supply the demand. The
price of the product rises dramatically and the opportunity for
huge
profits is obvious. The criminal gangs love the situation, making
millions. They kill other drug dealers, along with innocent people
caught in the crossfire, to protect their territory. They corrupt
police and courts. Pushers sell adulterated dope and experimental
drugs, causing injury and death. And because drugs are illegal,
their
victims have no recourse.
Half the cost of law enforcement and prisons is squandered on
drug
related crime. Of all drug users, a relative few are addicts who
commit
crimes daily to supply artificially expensive habits. They are the
robbers, car thieves and burglars who make our homes and streets
unsafe.
Civil liberties suffer. We are all "suspects", subject to random
urine tests, highway check points and spying into our personal
finances. Your property can be seized without trial, if the police
merely claim you got it with drug profits. Doing business with cash
makes you a suspect. America is becoming a police state because of
the
war on drugs.
- America Can Handle Legal Drugs
Today's illegal drugs were legal before 1914. Cocaine was even
found
in the original Coca-Cola recipe. Americans had few problems with
cocaine, opium, heroin or marijuana. Drugs were inexpensive; crime
was
low. Most users handled their drug of choice and lived normal,
productive lives. Addicts out of control were a tiny minority.
The first laws prohibiting drugs were racist in origin -- to
prevent
Chinese laborers from using opium and to prevent blacks and
Hispanics
from using cocaine and marijuana. That was unjust and unfair, just
as
it is unjust and unfair to make criminals of peaceful drug users
today.
Some Americans will always use alcohol, tobacco, marijuana or
other
drugs. Most are not addicts, they are social drinkers or occasional
users. Legal drugs would be inexpensive, so even addicts could
support
their habits with honest work, rather than by crime. Organized
crime
would be deprived of its profits. The police could return to
protecting
us from real criminals; and there would be room enough in existing
prisons for them.
- Try Personal Responsibility
It's time to re-legalize drugs and let people take
responsibility
for themselves. Drug abuse is a tragedy and a sickness. Criminal
laws
only drive the problem underground and put money in the pockets of
the
criminal class. With drugs legal, compassionate people could do
more to
educate and rehabilitate drug users who seek help. Drugs should be
legal. Individuals have the right to decide for themselves what to
put
in their bodies, so long as they take responsibility for their
actions.
From the Mayor of Baltimore, Kurt Schmoke, to conservative
writer
and TV personality, William F. Buckley, Jr., leading Americans are
now
calling for repeal of America's repressive and ineffective drug
laws.
The Libertarian Party urges you to join in this effort to make our
streets safer and our liberties more secure.
800-682-1776 Libertarian Party
202-543-1988 1528 Pennsylvania Avenue SE
Washington, DC 20003
extracted from HISTORIC DOCUMENTS OF 1982 of CONGRESSIONAL
QUARTERLY INC.
--------------------------- MARIJUANA AND HEALTH REPORT February
26, 1982 ---------------------------
A report
entitled Marijuana and Health concluded that marijuana represented
a potential health hazard that "justifies serious national
concern." The study was conducted by the Institute of Medicine, an
organization chartered in 1970 by the National Academy of Sciences
to enlist experts to examine public health policy matters. Released
February 26, the study was funded by a $454,000 federal grant from
the National Institutes of Health.
Begun at the request of Joseph A. Califano Jr. when he was
secretary of the Department of Health, Education and Welfare during
the Carter administration, the report constituted the first
thorough impartial report on the issues raised by the use of
marijuana, particularly among adolescents and young adults.
Surveys suggested that by the time of this study, about a
quarter of the American population had tried marijuana and that
half of all high school seniors used it with varying regularity.
Its widespread use was of concern not only to members of the
medical profession but also to local and federal authorities who
increasingly had attempted to contain the drug culture surrounding
marijuana by curbing paraphernalia traffic. (Court on "head shops,"
p.215)
THE REPORT
The report represented 15 months of research conducted by a
panel of 22 scientists, chaired by Dr. Arnold S. Relman, editor of
The New England Journal of Medicine. The panel consulted experts in
each area of concern and reviewed all the existing literature on
marijuana published since 1975 and relevant studies from before
that time. The panel also accepted public comments, although Relman
stated that little credence was given to personal testimonials and
unverified claims.
The report was unlikely to satisfy either strong supporters or
opponents of the use of marijuana. "Our committee found the present
truth of the matter to lie somewhere between the two extremes,"
said Relman, "so we give no comfort to those with strong positions
on either side of the argument." While the panel found "disturbing"
the mental phenomena associated with the drug and the possibilty
that prolonged smoking would lead to lung cancer, it dismissed as
"inconclusive" some highly publicized reports linking marijuana to
possible chromosome breakage resulting in genetic damage, or a
decrease in human fertility.
The panel deplored the lack of available information and
insufficient research on almost every topic explored. What made the
study expecially difficult, members said, was that marijuana use
had become widespread only in the last 10 to 20 years and long-term
effects, such as lung cancer and psychiatric disorders, often take
decades to develop and to detect. Difficulties in designing and
executing good experiments, because marijuana was illegal and its
smoke had a complex chemical make-up, provided another impeding
factor in reaching conclusions.
FINDINGS
The report studied marijuana's effect on funtioning of the
brain, heart, lungs, reproductive system and chromosome segregation
during cell division, concluding that the drug had "possible
adverse effects," but that further medical research was still
necessary in each of these areas.
Although the findings showed no evidence that the drug caused
addiciton similar to narcotics, or that physical dependence had
much to do with its pesistent use, a member of the panel, Dr.
Charles P. O'Brien, psychiatrist at the University of Pennsylvania
School of Medicine, noted that chemicals found in marijuana, unlike
those in alcohol, tended to persist in the brain for many hours
after ingestion, a fact that he found "disturbing."
The panel was cautious about attributing to marijuana the
"amotivational syndrome," marked by apathy and lack of ambition
among some users, and said it was impossible to know if the
condition was the cause or the result of drug use. For similar
reasons, the report was reluctant to say marijuana was a "stepping
stone" to harder drugs.
The report noted a suspected link between marijuana and cancer.
Relman said, "We concluded that prolonged, heavy smoking of
marijuana would probably lead to cancer of the lungs and to serious
impairment of the pulmonary function." But he added that "so far
there is no direct confirmation of this." The effects of marijuana
on the lungs were compared with those of cigarettes. The connection
between cigarette smoking and cancer was the subject of the U.S.
surgeon general's 1982 report on smoking. (Surgeon general's
report, p. 163)
The National Institute of Medicine study also examined
marijuana's alleged curative effects in the treatment of glaucoma,
the control of the severe nausea and vomitting caused by cancer
chemotherapy, astma, epileptic seizures, spastic disorders and
other diseases of the nervous system. It determined that certain
components of marijuana could be "helpful," though again more
research for clearer medical evidence was deeemed necessary.
UNIVERSITY OF MICHIGAN REPORT
Released two days prior to this report were the results of
another study, based on a nationwide survey conducted by the
University of Michigan's Institute for Social Research under a
contract with the National Institute on Drug Abuse. This report
concluded that students used less marijuana in 1981 than in
previous years. Overall use of drugs among students was very high;
two-thirds of 17,000 high school seniors from the 130 private and
public schools surveyed admitted to some use of an illicit drug.
According to the study, marijuana still ranked as the most widely
used of these drugs, with one out of 14 seniors smoking marijuana
daily in 1981, as compared with one out of 11 in 1980 and one out
of nine in 1979.
Following is the text of the summary of Marijuana and Health,
prepared by the Institute of Medicine and released February, 26,
1982. (Boldface headings in brackets have been added by
Congressional Quarterly to highlight the organization of the
text.):
SUMMARY
The Institute of Medicine (IOM) of the National Academy of
Sciences has conducted a 15-month study of the health-related
effects of marijuana, at the request of the Secretary of Health and
Human Services and the Director of the National Instiutes of
Health. The IOM appointed a 22-member committee to:
-analyze existing scientific evidence bearing on the possible
hazards to the health and safety of users of marijuana;
-analyze data concerning the possible therapeutic value and
health benefits of marijuana;
-assess federal research programs in marijuana;
-identify promising new research directions, and make
suggestions to improve the quality and usefulness of future
research; and
-draw conclusions from this review that would accurately assess
the limits of present knowledge and thereby provide a factual,
scientific basis for the development of future government policy.
This assessment of knowledge of the health-related effects of
marijuana is important and timely because marijuana is now the most
widely used of all the illicit drugs available in the United Stats.
In 1979, more than 50 million persons had tried it at least once.
There has been a steep rise in its use during the past decade,
particularly among adolescents and young adults, although there
has been a leveling-off its overall use among high school seniors
in the past 2 or 3 years and a small decline in the percentage of
seniors who use it frequently. Although substantially more high
school students have used alcohol than ever used marijuana, more
high school seniors use marijuana on a daily or near-daily basis (9
pecent) than alcohol (6 percent). Much of the heavy use of
marijuana, unlike alcohol, takes place in school, where effects on
behavior, cognition, and psychomotor performance can be
particularly disturbing. Unlike alcohol, which is rapidly
metabolized and eliminated form the body, the psychoactive
components of marijuana persist in the body for a long time.
Similar to alcohol, continued use of marijuana may cause tolerance
and dependence. For all these reasons, it is imperative that we
have reliable and detailed information about the effects of
marijuana use on health, both in the long and short term.
What, then, did we learn from our review of the published
scientific literature? Numerous acute effects have been described
in animals, in isolated cells and tissues, and in studies of human
volunteers; clinical and epidemiological observations also have
been reported. This information is briefly summarized in the
following prargraphs.
[EFFECTS ON NERVOUS SYSTEM AND BEHAVIOR]
We can say with confidence that marijuana produces acute effects
on the brain, including chemical and electrophysiological changes.
Its most clearly established acute effects are on mental functions
and behavior. With a severity directly related to dose, marijuana
impairs motor coordingation and affect tracking ability and sensory
and perceptual functions important for safe driving and the
operation of other machines; it also impairs short-term memory and
slows learning. Other acute effects include feeling of euphoria and
other mood changes, but there also are disturbing mental phenomena,
such as brief periods of anxiety, confusion, or psychosis.
There is not yet any conclusive evidence as to whether prolonged
use of marijuana causes permanent changes in the nervous system or
sustained impairment of brain function and behavior in human
beings. in a few unconfirmed studies in experimental animals,
impairment of learning and changes in electical brain-wave
recordings have been observed several months after the cessation of
chronic administration of marijuana. In the judgement of the
committee, widely cited studies purporting to demonstrate that
marijuana affects the gross and microscopic sturcture of the human
or monkey brain are not convincing; much more work is needed to
settle this important point.
Chronic relatively heavy use of marijuana is associated with
behavioral dysfunction and mental disorders in human beings, but
available evidence does not establish if marijuana use under these
circumstances is a cause or a result of the mental condition. There
are similar problems in interpreting the evidence linking the use
om marijuana to subsequent use of ther illicit drugs, such as
heroin or cocaine. Association does not prove a causal relation,
and the use of marijuana may merely be symptomatic of an underlying
dispositon to use psychoactie drugs rather than a "stepping stone"
to involvememt with more dangerous substances. It is also dificult
to sort out the relationship between use of marijuana and the
complex symptoms known as the amotivational syndrome.
Self-selection and effects of the drug are probably both
contributing ot the motivational problems seen in some chronic
users if marijuana.
Thus, the long-term effects of marijuana on the human brain and
on human behavior remaing to be defined. Although we have no
convincing evidence thus far of any effects persisting in human
beings after cessation of drug use, there may well be subtle but
important physical and psychological consequences that have not
been recognized.
[EFFECTS ON THE HEART AND LUNGS]
There is good evidence that the smoking of marijuana usually
causes acute changes in the heart and circulation that are
characteristic of stress, but there is no evidence to indicate that
a permanently deleterious effect on the mormal cardiovascular
system occurs. There is good evidence to show that marijuana
increases the work of the heart, usually by raising heart rate and,
in some persons, by raising blood pressure. This rise in workload
poses a threat to patients with hypertension, cerebrovascular
disease, and coronary atherosclerosis.
Acute exposure to marijuana smoke generally elicits
bronchodilation; chronic heavy smoking of marijuana causes
inflammation and pre-neoplastic changes in the airways, similar to
those produced by smoking of tobacco. Marijuana smoke is a complex
mixture that not only has many chemical components (including
carbon monoxide and "tar") and biological effects similar to those
of tobacco smoke, but also some unique ingredients. This suggests
the strong possibility that prolonged heavy smoking of marijuana,
like tobacco, will lead to cancer to the respiratory tract and to
serious impairment of lung function. Although there is evidence fo
impaired lung function in chronic smokers, no direct confirmation
of the likelihood of cancer has yet been provided, possibly because
marijuana has been widely smoked in this country for only about 20
years, and data have not been collected systematically in other
countries with a much longer history of heavy marijuana use.
[EFFECTS ON REPRODUCTION]
Although studies in animals have shown that Delta-9-THC (the
major psychoactive constituent of marijuana) lowers the
concentration in blood serum of pituitary hormones (gonadotropins)
that control reproductive functions, it is not known if there is a
direct effect on reproductive tissues. Delta-9-THC appears to have
a modest reversible suppressive effect on sperm production in men,
but there is no proof that it has a deleterious effect om male
fertility. Effects on human female hormonal function have been
reported, but the evidence is not convincing. However, there is
convincing evidence that marijuana interferes with ovulation in
female monkeys. No satisfactory studies of the relation between use
of marijuana and female fertility and child-bearing have been
carried out. Although Delta-9-THC is known to cross the placenta
readily and to cause birth defects when administered in large doses
to experimental animals, no adequate clinical studies have been
carried out to determine if marijuana use can harm the human fetus.
There is no conclusive evidence of teratogenicity in human
offspring, but a slowly developing or low-level effect might be
undetected by the studies done so far. The effects of marijuana on
reproductive function and on the fetus are unclear; they may prove
to be negligible,but further research to establish or rule out such
effects would be of great importance.
Extracts from marijuana smoke particulates ("tar") have been
found to produce dose-related mutations in bacteria; however,
Delta-9-THC, by itself, is not mutagenic. Marijuana and Delta-9-THC
do not appear to break chromosomes, but marijuana may affect
chromosome segregation during cell division, resulting in an
abnormal number of chromosomes in daughter cells. Although these
results are of concern, their clinical significance is unknown.
[THE IMMUNE SYSTEM]
Similar limitations exist in our understanding of the effects of
marijuana on other body systems. For example, some studies of the
immune system demonstrate a mild, immunosuppressant effect on human
beings, but other studies show no effect.
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[THERAPEUTIC POTENTIAL]
The committee also has examined the evidence on the therapeutic
effects of marijuana in a variety of medical disorders. Preliminary
studies suggest that marijuana and its derivatives or analogues
might be useful in the treatment of the raised intraocular pressure
of glaucoma, in the control of the severe nausea and vomiting
caused by cancer chemotherapy, and in the treatment of asthma.
There also is some preliminary evidence that a marijuana
constituent (cannabidiol) might be helpful in the treatment of
certain types of epileptic seizures, as well as for spastic
disorders and other nervous system diseases. But, in these and all
other conditions, much more work is needed. Because marijuana and
Delta-9-THC often produce troublesome psychotropic or
cardiovascular side-effects that limit their therapeutic
usefulness, particularly in older patients, the greatest
therapeutic potential probably lies in the use of synthetic
analogues of marijuana derivatives with higher ratios of
therapeutic to undesirable effects.
[MORE RESEARCH NEEDED]
The explanation for all of these unanswered questions is
insufficient research. We need to know much more about the
metabolism of the various marijuana chemical compounds and their
biological effects. This will require many more studies in animals,
with particular emphasis on subhuman primates. Basic pharmacologic
information obtained in animal experiments will ultimately have to
be tested in clinical studies on human beings.
Until 10 or 15 years ago, there was virtually no systematic,
rigorously controlled research on the human health-related effects
of marijuana and its major constituents. Even now, when
standardized marijuana and pure synthetic cannabinoids are
available for experimental studies, and good qualitative methods
exist for the measuremnt of Delta-9-THC and its metabolites in body
fluids, well-designed studies on human beings are relatively few.
There are difficulties in studying the clinical effects of
marijuana in human beings, particularly the effects of long-term
use. And yet, without such studies the debate about the safety or
hazard of marijuana will remain unresolved. Prospective cohort
studies, as well as retrospective case-control studies, would be
useful in identifying long-term behavioral and biological
consequences of marijuana use.
The federal investment in research on the health-related effects
of marijuana has been small, both in relation to the expenditure on
other illicit drugs and in absolute terms. The committee considers
the research particularly inadequate when viewed in light of the
extent of marijuana use in this country, expecially by young
people. We believe ther should be a greater investment in research
on marijuana, and that investigator-initiated research grants
should be the primary vehicle of support.
The committee considers all of the areas of research on
marijuana that are supported by the National Institute on Drug
Abuse to be important, but we did not judge the appropriateness of
the allocation of resources among those areas, other than to
conclude that there should be increased emphasis on studies in
human beings and other primates....
CONCLUSIONS The scientific evidence published to date indicates
that marijuana has a
broad range of psychological and biological effects, some of which,
at least under certain conditions, are harmful to human health.
Unfortunately, the available information does not tell us how
serious this risk may be.
Our major conclusion is that what little we know for certain
about the effects of marijuana on human health -and all that we
have reason to suspect- justifies serious national concern. Of no
less concern is the extent of our ignorance about many of the most
basic and important questions about the drug. Our major
recommendation is that there be a greatly intensified and more
comprehensive program of research into the effects of marijuana on
the health of the American people....
[USE OF MARIJUANA IN THE U.S.]
...There has been a steep rise in the use of marijuana and other
illicit
drugs in the past decade. So far it is primarily a youth
phenomenon. Since 1971 there has been at least a doubling of
lifetime experience with marijuana in every cohort in the 12- to
24-year age group. Of all psychoactive drugs investigated
(including inhalant, hallucinogens, cocaine, heroin, stimulants,
sedatives, and tranquilizers), marijuana is by far the most
commonly used illicit drug. Legal drugs for adults, such as alcohol
and tobacco, are the most widely used of all drugs among
adolescents. Although substantially more students have ever used
alcohol in their lifetime than have ever used marijuana, more high
school seniors use marijuana on a "daily" basis (9 percent) than
use alcohol that frequently (6 percent). "Daily" users report the
use of marijuana in school, whereas daily use of alcohol tends to
occur after school and on weedends.
Some trends in use of marijuana are apparent. The continuing
dramatic rise in the use of marijuana has recently slowed. It is
too early to tell whether this decrease will continue or is merely
a pause in the rise. The overall prevalence of use of marijuana has
remained at approximately 60 percent of high school seniors for the
years 1978, 1979, and 1980. Between 1975 and 1978 ther was an
almost twofold increase in "daily" use of marijuana from 6 percent
in 1975 to a peak rate of 11 percent in 1978. In 1980 the "daily"
use rate of high school seniors dropped by 1.2 percentage points,
or more than 10 percent. This may signal a reversal of the upward
trend in daily use unless higher absenteeism and school drop-outs
of daily users are significant factors in the decline. Multiple
sources suggest that out-of-school age mates are heavier users than
those in school. Other trends have not slowed. There was a
continuing rise in 1980 of the proportion of high school seniors
who during the year had used some illicit drug other than
marijuana, from 28 percent in 1979 to 30 percent in 1980.
Throughout the 1970s, as a correlate of continuing rise in
prevalence rates, there was a trend toward younger ages of first
use of all of these drugs. For marijuana this age trend continues
but has slowed somewhat. In 1979, 23 percent of seniors who had
used marijuana started their use in the eighth grade or below as
compared to 25 percent in 1980.
"Daily" use of mariuana in high school and in early adult life
is very high and merits special attention. Drawing on data from M
onitoring the Future, characteristics of "daily" users were
described. For high school seniors the rate of "daily" marijuana
use in 1980 was 9.1 percent. Such users have very high
involvement with other drugs and begin their use of drugs at very
early ages. "Daily" users are predominantly urban although rates
do not vary by geographical regions of the country,whereas use
among white students is double that for blacks. "Daily" use is
only slightly higher in disrupted or single parent homes than in
nuclear families, and use is associated with poor school
achievement, absenteeism, and dropout. Non-college-bound students
are twice as likely to be "daily" users as were students planning
to attend college. Religious commitment and self-rating of strong
belief in law-abiding behavior are associated with lower "daily"
use rates. "Daily" users are involved in more automobile
accidents and delinquency.
Post-high shcool "daily" user rates are lowest among full-time
college students and those living in a college dormitory. "Daily"
use among non-college students was not related to joblessness,
employment, or military service. Single persons are twice as
likely as married persons to be "daily" users. Among the married,
those with children had very low rates
of "daily" use. The "daily" use
habit has a remarkable stability. By 4 years after high school,
85 percent of "daily" using seniors in the class of 1975 were
still using marijuana, with 51 percent of them continuing to be
"daily" users.
In these studies, students report reasons for using marijuana:
to have a good time with friends, to get "high," to relieve
boredom, to enhance the effects of other drugs, and to cope with
stress. "Daily" users are deeply immersed in a drug-using circle
of friends.
Some "daily" users have discontinued their habit. Reasons
given for stopping use of marijuana are loss of interest in
getting "high," concern about harmful pyhsical or psychological
effects, and concern about their loss of energy or ambition.
More is know about the antecedents of using marijuana than is
known about the consequences of using marijuana....Longitudinal
studies have established that use of marijuana is preceded by
acceptance of a cluster of beliefs and values that are favorable
to use of marijauna and also by the adoption of deviant
behaviors. The deviant psycho-social attributes of marijuana
users that were described almost a decade ago, when use of
mariuana was a rare evert, are just as characteristic of
marijuana users tooday, when 60 percent of all high school
seniors report some experience with the use of marijuana. Daily
users show the extremes of these deviant behaviors but less
deeeply involved users also exhibit some deviancy. Friendship
patterns and peer influence play a uniquely powerful role in
determining youthful marijuana use. Negative parental
relationshoips do not appear to be associated as an antecedent to
use of marijuana....
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extracted from: DETAILS, April 1991.
BEDTIME FOR BONG-O The DEA has laid siege to High Times, the
official voice of pothead culture. Can its editor blow the lid off
the cannabis conspiracy? by Erik Hedegaard.
Who are the men in the black van, and why are they following
Steve Hager? Hager used to stay in motels when he traveled. No
longer. Because when he did, the men in the black van with the
smoked windows would rent the room next to his and pretend to work
on it. They would be dressed just like real workmen. The men would
have drills. The men would occasionally pull the triggers of the
drill. "What're you guys doing?", Hager would say to them. The men
would say, "We're working."
Steve Hager knows what the men in the van were working on.
What they were working on was him.
Hager is the editor of High Times magazine. You may know High
Times. Then again, you may not, so deep has it been buried at the
newsstands that still carry it. High Times is the magazine for the
recreational drug user: Penthouse for potheads. The High Times
centerfold is a double-page, Vaseline-lensed shot of an exotic bud
of glorious, mind-blowing weed. The magazine features all manner of
growing information as well as travelogues on Nepal, Jamaica,
Hawaii -wherever mind-altering substances can be found.
A relic, then. A dream of the '60s. Except that in Steve
Hager's mind the counterculture is very much alive. Hager is
sitting in his Manhattan office. He's wearing a pair of no-name
sneakers, jeans, and a sleeveless, lime-green T-shirt. He's got
real skinny arms, along which highways of veins run jaggedly
haywire.
Hager shrugs and looks around his office, down at the floor,
up into the corners. "I haven't done a sweep," he says. "I just
take it for granted that this place is bugged." A week or two ago,
his apartment was broken into. A random bit of thievery, or
something more purposeful? Who knows? The men in the black van
never seem to take a day off.
These are heady times to be a pothead. Across the United
States, pot and all that it stands for are under attack. In October
1989 the DEA put Operation Green Merchant into action. High Times's
advertisers have been mostly gardening-supply companies, and Hager
thinks that the DEA figured that by putting the pressure on them it
could also do something about High Times. So it raided the
merchants and began busting people who did business with them.
A guy named Bob , in Colorado, was one such person. Here,
according to the newspaper Westword, is what happened to Bob. The
DEA agents, hot on the drug tail, wedged their way into Bob's
place, after which one of them went over to Bob's arthritic old
Doberman, slicked out his pistol, and put the pistol to the pooch's
face. "We can either do this the hard way or the easy way," the
agent said to Bob. The dog lived. Bob saw the bracelets.
Moreover, there is the little matter of the Feds down in New
Orleans. Hager learned of their interest last May, when he was
served with a subpoena to appear before a grand jury investigating
the magazine for conspiracy to distribute drugs. This allegation
was based on the fact that High Times had accepted ads from a Dutch
company doing business in mail-order marijuana seeds. (High Times
has since been dropped from the investigation.) All of this, of
course, has had an effect on High Times. In recent months, it has
lost many of its advertisers.
Hager, it must be said, conducts himself in this troubled
situation with a certain sangfroid. But even he needs something to
calm his frazzled nerves. He takes a bite of toasted bagel with
cream cheese. "I would say being around High Times definitely makes
me smoke a lot more pot than if I wasn't around High Times," he
says. "It just sort of comes with the territory."
Hager's is the benign face of the post-coke, post-crack
substance abuser of the '90s. He is quiet and sincere. He doesn't
touch synthetic drugs, thinks cocaine is the Antichrist.
Conversely, pot is so wholesome it's almost good for you. "Like
after a hard day at work," he says, "you want to come back to you
pad and relax. One of the most effective, least toxic ways to do
that is to smoke a joint. It makes you a less aggressive, more
mellow person."
The country's young people, Hager thinks, are rediscovering
this. "The last generation that came up was a bad one," he says.
"But the next one, coming up now, the kids just entering college,
I think, have a whole new counterculture spirit. A lot of them are
smoking pot, but more importantly, a lot of them realize that pot
isn't a dangerous thing."
Mention the youth of America and marijuana in the same
sentence and you immediately make enemies. But black vans? Why are
they out to get Steve Hager? What makes Steve Hager so dangerous?
Hager knows. Hager is thrashing around his office, looking for
a journal from the 1930s, a report that was presented during the
Agricultural Processing Meeting of the American Society of
Mechanical Engineers in New Brunswick, New Jersey, on Fegruary 26,
1937.
Wide-eyed and unshaven, Hager is rummaging through overflowing
files and digging his fingers into a pile of documents on a coffee
table. The papers swirl away from him. Suddenly he's waving
something: an analysis of the marijuana plant written by one George
A. Lowry, entitled Flax and Hemp: From the Seed to the Loom.
Hager flips into the heart of the document. "Let me show you
real quickly what it says here about hemp," he says, and begins to
read: "Hemp, the strongest of the vegetable fibers, gives the
greatest production per acre and requires the least attention per
acre. It not only requires no weeding but also kills off all the
weeds and leaves the soil in splendid condition for the following
crop."
Also: "Floods and dust storms have given warnings against the
destruction of timber. Possibly, the hitherto waste product
of...hemp may yet meet a good part of that need, especially in the
plastics field, which is growing by leaps and bounds."
Hager drops the document on the coffee table and looks out a
window that gives onto the city and its massive car-crammed
streets. He shakes his head. He's a little grim now. "It was only
a few weeks from the deliverance of this report," he says, "to the
outlawing of hemp."
That fact, to Hager, explains a lot -not only about why he's
being hounded but also about who is doing the hounding. It all has
to do with economics. In his estimation, the government is merely
acting as the agent of a poweer even greater than itself, with
"far-seeing eyes," that has "investigated possibilities of profits
and long-term.. you know," and has come to the conclusion that High
Times is a threat to the power's continuing existence and good
fortune and that it must be driven out of existence- disappeared.
Hager likes to say, "Hemp -pot- can be used in the manufacture of
a whole range of products -plastics, fuel, fiber, food, medicines,
even dynamite. These products, many of them, are currently made
with petrochemicals, pollutants of the first water -so what Hager
is proposing is that harmless hemp be used instead. He wants
marijuana to be legalized, not only so the country can toke at will
but also to save the country.
Which is why the fellows in the black van have it in for
Hager. Should he attract too many believerrs, there could be a
ground swell of pro-hemp activism, which could lead to the
overthrow of current laws regulating hemp, which could lead to
hemp's replacing petrochemicals in the manufacture of any number of
products. In other words, it could spell the demise of the
petrochemical industry as we know it.
But for a long time, that message did not get out. One
imagines that some recreational user, at some point, realized the
dark truth about the international petrochemical conspiracy
-Eureka!- only, promptly, to forget. It goes with the territory.
And so, for a long time after Dr. Lowry's fateful report, hemp made
news only when it was cited as the cause of particularly grisly
murders. The only Americans who experienced its wonders firsthand
were bongo players, beatniks, and jazz freaks.
Then, of course, came the Great Awakening. Acapulco Gold,
Colombian Black, Thai Stick, Hawaiian. Chamber pipes, chillums, and
Riz Abadie rolling paper. What magic those words held. Clouds of
joy. Buy a triple-beam scale and smoke the profits! Plastics was no
suitable career for a young man, but plastic made an excellent
bong.
High Times was lanuched in 1974, the brainchild of a longhair
named Tom Forcade. Forcade had grown up in Arizona and, according
to his mom, was "very sensitive, shy, and patriotic -a good Boy
Scout and Explorer." buy that was before he lost interest in hot
rods and started sucking down everything one could possibly suck
down -from vanilla extract (six bottles a day) to absinthe
(homemade). But mostly he was into pot, both as a user and as a
dealer. To sell it, he set up smoke-easis: go to his loft, knock on
the door once, twice, three times, and you'd be led to a room where
you could sample a number of different strains, take your pick, pay
up, and split.
Dressed in his stovepipe jeans, toad-sticker boots, and floppy
hat -either in that or a three-piece suit or as a priest, with a
cleric's collar- he considered himself not so much a hippie as an
outlaw. "People talk about peace," he used to say. "I'm not into
peace. I don't want peace. I want life. I associate peace with
graveyards. I associate peace with stagnation."
Life to Forcade meant being on intimate terms with airplanes,
which he flew to Colombia on pot-smuggling operations, and guns.
"He knew munitions," recalls an early writer. Says another, "He
wasn't afraid to carry a gun -or use it." For a while he covered
his house's windows with barbed wire. When asked why, he would
reply, "Did you notice the charred marks on the house when you came
in? Someone threw a bomb."
Forcade was, along with Abbie Hoffman, one of the original
yippies. But unlike Abbie, Forcade thought that the yippies'
antiwar demonstrations should involve serious mayhem; eventually he
split from the main group and formed his own -the Zippies, ZIP
standing for Zeitgeist International Party. Abbie immediately
denounced Forcade as a "maniac" and began spreading rumors that he
was a stoolie.
At the same time, Forcade headed the Underground Press
Syndicate (UPS), the counterculture's version of the Associated
Press. His headquarters was the basement of a building on West
Tenth Street in New York -actually, a warren of basements all
connected like catacombs. Forcade's friends were people like
Leonard Crow Dog, who was his bodyguard and beat up anybody who
ripped him off.
Forcade had a vision of how, if pot were legal, he and his
friends could exist in a world that would be self-sustaining. They
would sit around and smoke lots of dope, of course. But they would
also be able to have careers. In advertising, for instance, coming
up with campaigns to promote Acapulco Gold. Or in the head-shop
business, hawking roach clips and bongs. Says Rex Weiner, one of
the magazine's founding members, "It was the idea of having a world
to live in where you wouldn't have to deal with the other world."
Thus was High times created, to glorify pot and to be the
driving force in the campaign for its legalization, which would
then lead to the formation of a new nation populated by the 25
million Americans who were smoking dope.
High Times's circulation jumped form 25,000 to 300,000 in two
years. It ran articles with titles such as "I Was JFK's Dealer" and
"Golden Days of Coca Wine." It featured sections that remain today,
among them "Highwitness News" and "Trans-High Market Quotations,"
a rundown of pot prices that includes evaluations of what you get
for your money. ("Iowa City, IA: Mexican, 'Lamb's Breath, tight
buds, super high.'1/4oz., $35-$40; oz., $150-$160.")
The magazine had bureaus in Southeast Asia, South America,
India, and Europe. In the New York office, drugs were commonplace.
"On Fridays -paydays- the dope dealers would come around, and
everybody would sample their wares," says Weiner. And at parties,
people would slither around with balloons filled with nitrous
oxide.
But not everyone was necessarily at the parties to have a good
time. One High Times employee turned out to be an undercover cop.
A friend turned out to be an informer for the Feds. History has not
recorded whether or not there were black vans involved in this
harassment, but Tom Forcade did not react with sangfroid. Legend
has it that Forcade tried to shut the magazine down, going after
the switchbaord with an ax and chasing people around the office.
But by then the magazine had taken on a life of its own. "The
momentum of it could not be stopped. He had created a monster, and
it just kept going," recalls Weiner. Forcade cast about for a new
wave to ride. He got involved in punk and make D.O.A., a
documentary about the Sex Pistols' American tour. The Pistols
thought he might be CIA.
In 1978 he flew to L.A. to try to interest Hollywood in a
movie project called Cocaine Cowboys, which starred Andy Warhol and
Jack Palance. No one would distribute it. All Hollywood wanted was
more of Forcade's nose candy. After a whil Forcade began to realize
that his vision of Pot World was a pipe dream. The '70s were coming
to an end, and efforts to legalize pot were going nowhere. "The big
changes we had worked for, believed in, and hoped for were
obviously being derailed, stomped on, and insulted," recalls one
friend.
On November 19, 1978, Tom Forcade shot himself.
Following Forcade's death, the magazine floundered. For a
While it tried to expand its audience by going general interest and
suggesting that people get high on more than drugs -on love, for
instance, and by climbing mountains and snorkeling. By the mid-'80s
cocaine stories were a mainstay, tattoos a favored pictorial
element. It had become a magazine without a soul.
Outside, now, in midtown Manhattan, drones the dull, incessant
thrum of engines sucking on petroleum products for dear life. Up
Park Avenue comes a motorcycle. The rider is dressed in black
leathers, head to toe. Years earlier this might have been Forcade.
But today it is Steve Hager, who has brought High Times out of the
wilderness and made pot, once again, its central focus.
Hager is sitting in his office. The leathers are off, and he
is speaking of how he ended up where he is today. He grew up in the
heartland, amid amber waves of...hemp. "Hemp grows all over in
Illinois," Hager says. "It was impossible to grow up in Champaign
County and not be aware of it. It was everywhere." Bad shit, though
-"ditch weed"- which Hager first smoked when he was fifteen. "I
didn't really get anything out of it, except the thrill of knowing
it was against the law."
For FREE recorded information on how hemp can save the world, use
a touch tone phone to call 303/470-1100 Hemp Information Hotline
zzz
8
In the same year, Hager started an underground newspaper and
developed contrary opinions. "We hated synthetics, we hated
polyester, and we hated plastic. We didn't know why we hated it,
but we knew we didn't like it. We didn't like the oil companies. We
hated the war machinery."
Then Hager was busted. He and some of his hippie friends were
in a room, and one of his hippie friends sold a hit of acid to a
state narcotics agent. "I didn't do it," says Hager. "I didn't
sell it." Guilt by association was the basis of the charge. But
Hager believes he would have been let go had the police not known
his underground newspaper was being distributed in four high
schools in central Illinois.
The incident taught Hager a lesson. "It gave me, at a very
young age, a look inside the the criminal-justice system," he says.
"It was just being used to target people the government didn't
like."
Hager eventually beat the rap, however, in the meantime going
to Sweden to avoid the draft, and went on to earn a graduate degree
in journalism from the University of Illinois. A child of the '60s
-a child, in a sense, of Forcade- he, of course, came to New York
to find work. He batted around as a journalist and screenwriter,
without mission, without purpose, until, in 1986, he arrived at
High Times. Within a year he had decided that hemp could save the
world. Within two years he had decided that he and the magazine
were the DEA's number-one target. Not cocaine. Not crack. But High
Times.
"This is like mecca to some people," says Hager. "People would
come from all over the country just to stand in the offic. I
stopped it, though. You never know when some nut is going to walk
in and try to blow us up."
High Times is girded for war. There are threats all over. In
Ann Arbor not too long ago, Hager stepped out of the shower to
answer a knock on the door. The man at the door claimed he was a
member of the Freedom Fighters, High Times's political arm, there
to pick up a medal. But no sooner had Hager opened up than two more
people came in, with a video camera. Imagine Steve Hager standing
there, dripping wet, in his towel, trying to get them out of his
room. "They looked like informers, scum," he says. "They looked
like people you didn't want to associate with."
Tom Forcade might have sent Leonard Crow Dog after them, or
attacked them with an ax. Hager is a kinder, gentler pothead. There
is none of Forcade's madness in him. He merely wants his message to
be heard, to get the cannabis conspiracy out in the open.
Hard proof? Hager frowns and looks out the window. "Things
don't work that directly," he says. "The board of directors at
DuPont doesn't sit around and go, 'Let's call up William Bennett
and get this hemp thing under control.' It happens in a shadowy
world of favors and business interests, and when they are done,
they sort of, like, brush away all evidence that they were ever
there." So Hager does not have evidence. But that isn't about to
stop him. He's got history, logic, and certitude. He has a mission,
and he will not be denied. In fact, Hager said he wouldn't have
been that unhappy had High Times been indicted. He wants to tell
his story. "It's going to be very embarrassing for them," he said,
"because we are going to educate the jurors....All the major
corporations of the world have an interlocking system and a
network, and oil drives it. Oil drives the world economy and
everything they make out of it. Oil is everything."
The conspiracy goes all the way up, up to the presidency
itself, and Hager knows how it works. "When Bush left the CIA he
went ot sit on the board of directors at Eli Lilly, which is one of
the largest pharmaceutical countries -uh, companies- in the world.
Lilly is owned by the Quayle family, which also owns the
Indianapolis Star newspaper. And the first thing Bush did when he
became vice president was get special tax treatment for
pharmaceutical companies producing in Puerto Rico. So Bush is
connected with oil and pharmaceuticals all the way, and uh, uh,
uh..." Hager's lips pucker. His eyes cross. He looks at his bagel
and then out the window. The world waits, the youth of America
wait, the men in the black van wait, for an answer.
"I forgot where I was going with that," Hager says. "What was
the question again?"
For FREE recorded information about how hemp can save the world,
use a touch tone phone and call 303/470-1100 Hemp Information
Hotline.
zzzz
101st Congress
2d Session
H.R. 4079
To provide swift and certain punishment for criminals in order to deter
violent crime and rid America of illegal drug use.
------------------------------------------------
IN THE HOUSE OF REPRESENTATIVES
February 22, 1990
Mr. Gingrich (for himself, Mr. Armey, Mr. Hunter, Mr. Smith of New
Hampshire, Mr. Hansen, Mr. Hiler, Mr. Ireland, Mr. Kyl, Mr. Barton of
Texas, Mr. McEwen, Mr. Bliley, Mr. Condit, Mr. Weldon, Mr. Fields, Mr.
Stearns, Mr. Schuette, Mr. Douglas, Mr. Livingston, Mr. Oxley, Ms.
Ros-Lehtinen, Mr. Hancock, Mr. Schaefer, Mr. Bartlett, Mr. Shumway, Mr.
Inhofe, Mr. Nielson of Utah, Mr. Donald Lukens, Mr. Paxon, Mr. Herger,
Mr. Robinson, Mr. Lagomarsino, Mr. Sensenbrenner, Mr. James, Mr. Upton,
Mr. Bilirakis, Mr. Ritter, Mr. Dornan of California, Mr. Baker, Mr.
DeLay, Mr. Hyde, Mr. Grandy, Mr. Hefley, Mr. Coughlin, Mr. Craig, Mr.
Shaw, Mr. Dreier of California, Mr. Solomon, and Mr. McCollum)
introduce the following bill; which was referred jointly to the
Committees on the Judiciary, Energy and Commerce, Public Works and
Transportation, Education and Labor, and Armed Services
------------------------------------------------
A BILL
To provide swift and certain punishment for criminals in order to deter
violent crime and rid America of illegal drug use.
_Be it enacted by the Senate and the House of Representatives of the
United States of America in Congress assembled,_
SECTION 1. SHORT TITLE.
This Act may be cited as the "National Drug and Crime Emergency Act".
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and declaration of a national drug and crime
emergency.
Sec. 4. Definitions.
TITLE I--ELIMINATION OF CRIME WITHOUT PUNISHMENT
Subtitle A--National Drug and Crime Emergency Policies
Sec. 101. Judicial remedies for prison crowding.
Sec. 102. Temporary prison facilities and expanded capacity.
Sec. 103. Elimination of early release from prison.
Subtitle B--Imposition of Mandatory Minimum Sentences Without Release
Sec. 111. Increased mandatory minimum sentences without release for
criminals using firearms and other violent criminals.
Sec. 112. Life imprisonment without release for criminals convicted a
third time.
Sec. 113. Longer prison sentences for those who sell illegal drugs to
minors or for use of minors in drug trafficking activities.
Sec. 114. Longer prison sentences for drug trafficking.
Sec. 115. Mandatory penalties for illegal drug use in Federal prisons.
Sec. 116. Deportation of criminal aliens.
Sec. 117. Encouragement to States to adopt mandatory minimum prison
sentences.
Subtitle C--Mandatory Work Requirements for Prisoners, Withholding
Federal Benefits, and Drug Testing of Prisoners
Sec. 131. Mandatory work requirement for all prisoners.
Sec. 132. Repeal of constraints on prison industries.
Sec. 133. Employment of prisoners.
Sec. 134. Withholding prisoners' Federal benefits to offset
incarceration costs.
Sec. 135. Drug testing of Federal prisoners.
Sec. 136. Drug testing of State prisoners.
Subtitle D--Judicial Reform To Protect the Innocent and Punish the
Guilty
Sec. 151. Good faith standards for gathering evidence.
Sec. 152. Strom Thurmond habeas corpus reform initiative.
Sec. 153. Proscription of use of drug profits.
Sec. 154. Jurisdiction of special masters.
Sec. 155. Sentencing patterns of Federal judges.
TITLE II--ACHIEVING A DRUG-FREE AMERICA BY 1995
Sec. 201. Findings.
Sec. 202. Payment of trial costs and mandatory minimum fines.
Sec. 203. Withholding of unearned Federal benefits from drug
traffickers and users who are not in prison.
Sec. 204. Revocation of drug users' driver's licenses.
Sec. 205. Accountability and performance of drug treatment facilities.
Sec. 206. Drug-free schools.
Sec. 207. Drug-free transportation.
Sec. 208. Financial incentives and citizen involvement in the war
against drugs.
TITLE III--MISCELLANEOUS
Sec. 301. Authorization of appropriations.
Sec. 302. Severability.
SEC. 3. FINDINGS AND DECLARATION OF NATIONAL DRUG AND CRIME EMERGENCY.
(a) FINDINGS.--The Congress makes the following findings:
(1) Next to preserving the national security, protecting the
personal security of individual Americans, especially
children, by enacting and enforcing laws against criminal
behavior is the most important single function of government.
(2) The criminal justice system in America is failing to
achieve this basic objective of protecting the innocent and
punishing the guilty.
(3) Reform is needed to ensure that criminals are held
accountable for their actions, that they receive swift and
certain punishment commensurate with their crimes, and that
the protection of innocent citizens takes priority over other
objectives.
(4) The principle of individual accountability should also
dictate policies with respect to drug users. Users should
face a high probability of apprehension and prosecution, and
those found guilty should face absolutely certain measured
response penalties.
(5) According to the Uniform Crime Reports issued in 1989 by
the Federal Bureau of Investigation (FBI), violent crime
known to law enforcement reached an unprecedented high in
1988. A violent crime occurred ever 20 seconds.
(6) The Department of Justice estimates that 83 percent of
Americans will be victimized by violent crime during their
lifetime.
(7) The Federal Bureau of Investigation reports that violent
crime in America rose by 23 percent during the period
1984-1988.
(8) The National Drug Control Strategy reports that in
certain large cities more than 80 percent of the men arrested
have tested positive for illegal drug use.
(9) According to the Department of Justice, the total number
of Federal and State prisoners grew by 90 percent from 1980
to 1988. The growth rate of the total prison population
during the first 6 months of 1989 exceeded the largest annual
increase ever recorded in 64 years of recordkeeping. The
6-month growth rate translates to a need of almost 1,800
additional prison beds per week.
(10) In 1985, 19 States reported the early release of nearly
19,000 prisoners in an effort to control prison populations,
according to the Bureau of Justice Statistics.
(11) According to the United States Bureau of Justice
Statistics, 63 percent of State inmates were rearrested for a
serious crime within 3 years of their discharge from prison.
(12) The criminal justice system is overloaded and does not
deliver swift and certain penalties for violating the law.
In America today, there exists crime without punishment.
Such conditions imperil the public safety, jeopardize the
rule of law and undermine the preservation of order in the
community.
(b) DECLARATION OF NATIONAL DRUG AND CRIME EMERGENCY.--(1) Guided by
the principles that energized and sustained the mobilization
for World War II, and in order to remove violent criminals
from the streets and meet the extraordinary threat that is
posed to the Nation by the use and trafficking of illegal
drugs, the Congress declares the existence of a National Drug
and Crime Emergency beginning on the date of enactment of
this Act and ending on the date that is 5 years after the
date of enactment of this Act.
(2) During the National Drug and Crime Emergency declared in
paragraph (1), it shall be the policy of the United States
that--
(A) every person who is convicted in a Federal
court of a crime of violence against a person or a
drug trafficking felony (other than simple
possession) shall be sentenced to and shall serve a
full term of no less than 5 years' imprisonment
without release;
(B) prisoners may be housed in tents, and other
temporary facilities may be utilized, consistent
with security requirements; and
(C) the Federal courts may limit or place a "cap"
on the inmate population level of a Federal or
State prison or jail only when an inmate proves
that crowding has resulted in cruel and unusual
punishment of the plaintiff inmate and no other
remedy exists.
SEC. 4. DEFINITIONS.
For the purposes of this Act--
(1) the term "crime of violence against a person" means a
Federal offense that is a felony and--
(A) has as an element the use, attempted use, or
threatened use of physical force against the person
or property of another; or
(B) that by its nature, involves a substantial risk
that physical force against the person or property
of another may be used in the course of committing
the offense; and
(C) for which a maximum term of imprisonment of 10
years or more is prescribed by law; and
(2) the term "drug trafficking crime," (other than simple
possession) means any felony punishable under the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.) or
the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et
seq.), other than a felony constituting a simple possession
of a controlled substance for which the maximum term of
imprisonment of 10 years or more is prescribed by law.
TITLE I--ELIMINATION OF CRIME WITHOUT PUNISHMENT
Subtitle A--National Drug and Crime Emergency Policies
SEC. 101. JUDICIAL REMEDIES FOR PRISON CROWDING.
(a) PURPOSE.--The purpose of this section is to provide for reasonable
and proper enforcement of the eighth amendment.
(b) FINDINGS.--The Congress finds that--
(1) the Federal courts are unreasonably endangering the
community by sweeping prison and jail cap orders as a remedy
for detention conditions that they hold are in conflict with
the eighth amendment; and
(2) eighth amendment holdings frequently are unjustified
because of the absence of a plaintiff inmate who has proven
that detention conditions inflict cruel and unusual
punishment of that inmate.
(c) AMENDMENT OF TITLE 18, UNITED STATES CODE.--(1) Subchapter C of
chapter 229 of part 2 of title 18, United States Code, is
amended by adding at the end thereof the following new
section:
"Section 3626. Appropriate remedies with respect
to prison crowding.
"(a)(1) During the period of the National Drug and
Crime Emergency, a Federal court shall not hold
prison or jail crowding unconstitutional under the
eighth amendment except to the extent that an
individual plaintiff proves that the crowding
causes the infliction of cruel and unusual
punishment of that inmate.
"(2) The relief in a case described in paragraph
(1) shall extend no further than necessary to
remove the conditions that are causing the cruel
and unusual punishment of the plaintiff inmate.
"(b)(1) A Federal court shall not place an inmate
ceiling on any Federal, State, or local detention
facility as an equitable remedial measure for
conditions that violate the eighth amendment unless
crowding itself is inflicting cruel and unusual
punishment on individual prisoners.
"(2) Federal judicial power to issue equitable
relief other than that described in paragraph (1),
including the requirement of improved medical or
health care and the imposition of civil contempt
fines or damages, where appropriate, shall not be
affected by paragraph (1).
"(c) Each Federal court order seeking to remedy an
eighth amendment violation shall be reopened at the
behest of a defendant for recommended alteration at
a minimum of two-year intervals.".
(2) Section 3626 of title 18, United States Code, as added by
paragraph (1), shall apply to all outstanding court orders on
the date of enactment of this section. Any State or
municipality shall be entitled to seek modification of any
outstanding eighth amendment decree pursuant to that section.
(3) The table of sections for subchapter C of chapter 229 of
title 18, United States Code, is amended by adding at the end
thereof the following new item:
"3626. Appropriate remedies with respect to prison
overcrowding.".
SEC. 102. TEMPORARY PRISON FACILITIES AND EXPANDED CAPACITY.
(a) IN GENERAL.--In order to remove violent criminals from the streets
and protect the public safety, the Attorney General shall take such
action as may be necessary, subject to appropriate security
considerations, to ensure that sufficient facilities exist to house
individuals whom the courts have ordered incarcerated. During the
period of the National Drug and Crime Emergency, these facilities may
include tent housing or other shelters placed on available military
bases and at other suitable locations. The President may direct the
National Guard and the Army Corps of Engineers to design and construct
such temporary detention facilities.
(b) USE OF MILITARY INSTALLATIONS.--(1)In order to provide facilities
for incarceration authorized by subsection (a), the Secretary
of Defense, the Commission on Alternative Utilization of
Military Facilities, and the Director of the Bureau of
Prisons shall--
(A) identify military installations that could be
used as confinement facilities for Federal or State
prisoners; and
(B) examine the feasibility of using temporary
facilities for housing prisoners with a specific
examination of the successful use of tent housing
during the mobilization for World War II.
(2) Not later than 90 days after the date of enactment of
this Act, the Director of the Bureau of Prisoners shall
submit to the Congress a description and summary of the
results of the examination conducted pursuant to paragraph
(1).
(c) PRIORITY FOR DISPOSAL OF CLOSED MILITARY INSTALLATIONS.--Section
204(b)(3) of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note) is amended to read as follows:
"(3)(A) Notwithstanding any provision of this title and any
other law, before any action is taken with respect to the
disposal or transfer of any real property or facility located
at a military installation to be closed or realigned under
this title the Secretary shall--
"(i) notify the Attorney General and the Governor
of each of the territories and possessions of the
United States of the availability of such real
property or facility, or portion thereof; and
"(ii) transfer such real property of facility or
portion thereof, as provided in subparagraph (B).
"(B) Subject to subparagraph (C), the Secretary shall
transfer real property or a facility, or portion thereof,
referred to in subparagraph (A) in accordance with the
following priorities:
"(i) If the Attorney General certifies to the
Secretary that the property or facility, or portion
thereof, will be used as a prison or other
correctional institution, to the Department of
Justice for such use.
"(ii) If the Governor of a State, the Mayor of the
District of Columbia, or the Governor of a
territory or possession of the United States
certifies to the Secretary that the property or
facility, or portion thereof, will be used as a
prison or other correctional institution, to that
State, the District of Columbia, or that territory
or possession for such use.
"(iii) To any other transferee pursuant to the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
"(C) Within each priority specified in clauses (i) and (ii)
of subparagraph (B), the Secretary shall give a priority for
the transfer of any real property or facility referred to in
that subparagraph, or any portion thereof, to any department,
agency, or other instrumentality referred to in such clauses
that agrees to pay the Department of Defense the fair market
value of the real property, facility, or portion thereof.
"(D) In this paragraph, the term 'fair market value' means,
with respect to any real property or facility, or any portion
thereof, the fair market value determined on the basis of the
use of the real property or facility on December 31, 1988.".
(d) REVIEW OF CURRENT STANDARDS OF PRISON CONSTRUCTION.--(1) The
Director of the Bureau of Prisons (referred to as the
"Director") shall--
(A) review current construction standards and
methods used in building Federal prisons; and
(B) examine and recommend any cost cutting measures
that could be employed in prison construction
(consistent with security requirements), especially
expenditures for air conditioning, recreational
activities, color television, social services, and
similar amenities.
(2) Not later than 90 days after the date of enactment of
this Act, the Director shall submit to Congress a description
and summary of the results of the review conducted pursuant
to paragraph (1).
(e)(1) Chapter 301 of title 18, United States Code, is amended by
adding at the end thereof the following new section:
"Section 4014. Private construct and operation of
Federal prisons
"(a) IN GENERAL.--The Attorney General may contract
with private persons to--
"(1) construct, own, and operate Federal
prison facilities; or
"(2) construct or operate Federal prison
facilities owned by the United States,
including the provision of subsistence, care, and
proper employment of United States prisoners.
"(b) COOPERATION WITH STATES.--The Attorney General
shall consult and cooperate with State and local
governments in exercising the authority provided by
subsection (a).
"(c) FINANCING OPTIONS FOR PRISON CONSTRUCTION AND
OPERATION.--(1) To the greatest extent possible,
the Attorney General shall utilize
creative and cost-effective private
financing alternatives and private
construction and operation of prisons.
"(2) Operating cots of privately-operated
prisons shall be covered through rent
charged to participating units of
Government placing inmates in a prison.
"(3) The Attorney General may finance the
construction of facilities through lease
or lease-purchase agreements.
"(4) In order to gain full costs
advantages from economies of scale and
specialized knowledge from private
innovation, the Attorney General may
contract with consortia or teams of
private firms to design, construct, and
manage, as well as finance, prison
facilities.".
(2) The table of sections for chapter 301 of title 18, United
States Code, is amended by adding at the end thereof the
following new item:
"4014. Private construct and operation of Federal
prisons.".
(f) SURPLUS FEDERAL PROPERTY.--(1) For the purpose of expanding the
number of correctional facilities, the Administrator of the
General Services Administration, in consultation with the
Attorney General, shall, not later than 1 year after the date
of enactment of this Act, identify and make available a list
of not less than 20 parcels of surplus Federal property,
which the Attorney General has certified are not needed for
Federal correctional facilities but which may be suitable for
State or local correctional facilities.
(2) During the National Drug and Crime Emergency declared in
section 3(b)(1), notwithstanding any other law, any property
that is determined to be excess to the needs of a Federal
agency that may be suitable for use as a correctional
facility shall be made available for such use, in order of
priority, first, to the Attorney General, and second, to a
State, the District of Columbia, or a local government.
(g) STATE AND LOCAL GOVERNMENT USE OF FACILITIES.--State and local
governments shall be permitted to use Federal temporary incarceration
facilities, when they are not needed to accommodate Federal prisoners,
for the purpose of incarcerating prisoners at a per diem fee to be paid
to the Bureau of Prisons.
SEC. 103. ELIMINATION OF EARLY RELEASE FROM PRISON.
During the National Drug and Crime Emergency declared in section
3(b)(1), notwithstanding any other law, every person who is convicted
in a Federal court of committing a crime of violence against a person
or a drug trafficking crime (other than simple possession), shall be
sentenced to and shall serve a full term of no less than 5 years'
imprisonment, and no such person shall be released from custody for any
reason or for any period of time prior to completion of the sentence
imposed by the court unless the sentence imposed is greater than 5
years and is not a mandatory minimum sentence without release.
Subtitle B--Imposition of Mandatory Minimum Sentences Without Release
SEC. 111. INCREASED MANDATORY MINIMUM SENTENCES WITHOUT RELEASE FOR
CRIMINALS USING FIREARMS AND OTHER VIOLENT CRIMINALS.
(a) USE OF FIREARMS.--Section 924(c)(1) of title 18, United States
Code, is amended to read as follows:
"(c)(1) Whoever, during and in relation to any crime of
violence or drug trafficking crime (including a crime of
violence or drug trafficking crime which provides for an
enhanced punishment if committed by the use of a deadly or
dangerous weapon or device) for which the person may be
prosecuted in a court of the United States--
"(A) possesses a firearm, shall, in addition to the
punishment provided for such crime of violence or
drug trafficking crime, be sentenced to
imprisonment for 10 years without release;
"(B) discharges a firearm with intent to injure
another person, shall, in addition to the
punishment provided for such crime of violence or
drug trafficking crime, be sentenced to
imprisonment for 20 years without release; or
"(C) possesses a firearm that is a machinegun, or
is equipped with a firearm silencer or firearm
muffler shall, in addition to the punishment
provided for such crime of violence or drug
trafficking crime, be sentenced to imprisonment for
30 years without release.
In the case of a second conviction under this subsection, a
person shall be sentenced to imprisonment for 20 years
without release for possession or 30 years without release
for discharge of a firearm, and if the firearm is a
machinegun, or is equipped with a firearm silence or firearm
muffler, to life imprisonment without release. In the case of
a third or subsequent conviction under this subsection, a
person shall be sentenced to life imprisonment without
release. If the death of a person results from the discharge
of a firearm, with intent to kill another person, by a person
during the commission of such a crime, the person who
discharged the firearm shall be sentenced to death or life
imprisonment without release. A person shall be subjected to
the penalty of death under this subsection only if a hearing
is held in accordance with section 408 of the Controlled
Substances Act (21 U.S.C. 848). Notwithstanding any other
law, a court shall not place on probation or suspend the
sentence of any person convicted of a violation of this
subsection, nor shall the term of imprisonment under this
subsection run concurrently with any other term of
imprisonment including that imposed for the crime of violence
or drug trafficking crime in which the firearm was used. No
person sentenced under this subsection shall be eligible for
parole, nor shall such person be released for any reason
whatsoever, during a term of imprisonment imposed under this
paragraph.".
SEC. 112. LIFE IMPRISONMENT WITHOUT RELEASE FOR CRIMINALS CONVICTED A
THIRD TIME.
Section 401(b) of the Controlled Substances Act is amended by striking
"If any person commits a violation of this subparagraph or of section
405, 405A, or 405B after two or more prior convictions for a felony
drug offense have become final, such person shall be sentenced to a
mandatory term of life imprisonment without release" and inserting "If
any person commits a violation of this subparagraph or of section 405,
405A, or 405B or a crime of violence as defined in section 924(c)(3) of
title 18, United States Code, after two or more prior convictions for a
felony drug offense or for a crime of violence as defined in section
924(c)(3) of that title or for any combination thereof have become
final, such person shall be sentenced to a mandatory term of life
imprisonment without release.".
SEC. 113. LONGER PRISON SENTENCES FOR THOSE WHO SELL ILLEGAL DRUGS TO
MINORS OR FOR USE OF MINORS IN DRUG TRAFFICKING ACTIVITIES.
(a) DISTRIBUTION TO PERSONS UNDER AGE 21.--Section 405 of the
Controlled Substances Act (21 U.S.C. 845) is amended--
(1) in subsection (a) by striking "Except to the extent a
greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than one year." and inserting "Except to the extent
a greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than 10 years without release. Notwithstanding any
other provision of law, the court shall not place on
probation or suspend the sentence of any person sentenced
under the preceding sentence and such person shall not be
released during the term of such sentence."; and
(2) in subsection (b) by striking "Except to the extent a
greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than one year." and inserting "Except to the extent
a greater minimum sentence is otherwise provided by section
401(b), a term of imprisonment under this subsection shall be
not less than 20 years without release. Notwithstanding any
other provision of law, the court shall not place on
probation or suspend the sentence of any person sentenced
under the preceding sentence and such person shall not be
released during the term of such sentence.".
(b) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF AGE.--Section 405B of the
Controlled Substances Act (21 U.S.C. 845b) is amended--
(1) in subsection (a) by striking "Except to the extent a
greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall be not less than one
year." and inserting "Except to the extent a greater minimum
sentence is otherwise provided by section 401(b), a term of
imprisonment under this subsection shall be not less than 10
years without release. Notwithstanding any other provision
of law, the court shall not place on probation or suspend the
sentence of any person sentenced under the preceding sentence
and such person shall not be released during the term of such
sentence"; and
(2) in subsection (c) by striking "Except to the extent a
greater minimum sentence is otherwise provided, a term of
imprisonment under this subsection shall be not less than one
year." and inserting "Except to the extent a greater minimum
sentence is otherwise provided by section 401(b), a term of
imprisonment under this subsection shall be not less than 20
years without release. Notwithstanding any other provision
of law, the court shall not place on probation or suspend the
sentence of any person sentenced under the preceding sentence
and such person shall not be released during the term of such
sentence.".
SEC. 114. LONGER PRISON SENTENCES FOR DRUG TRAFFICKING.
(a) SCHEDULE I AND II SUBSTANCES.--Section 401(b)(1)(C) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)(C)) is amended--
(1) in the first sentence by striking "of not more than 20
years" and inserting "which shall be not less than 5 years
without release nor more than 20 years"; and
(2) in the second sentence by striking "of not more than 30
years" and inserting "which shall be not less than 10 years
without release nor more than 30 years".
(b) MARIHUANA.--Section 401(b)(1)(D) of the Controlled Substances Act
(21 U.S.C. 841(b)(1)(D)) is amended--
(1) in the first sentence by striking "of not more than 5
years" and inserting "not less than 5 years without release";
(2) in the second sentence by striking "of not more than 10
years" and inserting "which shall be not less than 10 years
without release"; and
(3) by adding the following new sentence at the end thereof:
"Not withstanding any other provision of law, the court shall
not place on probation or suspend the sentence of any person
sentenced under this subparagraph, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence.".
(c) SCHEDULE IV SUBSTANCES.--Section 401(b)(2) of the Controlled
Substances Act (21 U.S.C. 841(b)(2)) is amended--
(1) in the first sentence by striking "of not more than 3
years" and inserting "which shall be not less than 5 years
without release";
(2) in the second sentence by striking "of not more than 6
years" and inserting "which shall be not less than 10 years
without release"; and
(3) by adding the following new sentence at the end thereof:
"Notwithstanding any other provision of law, the court shall
not place on probation or suspend the sentence of any person
sentenced under this subparagraph, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence.".
(d) SCHEDULE V SUBSTANCES.--Section 401(b)(3) of the Controlled
Substances Act (21 U.S.C. 841(b)(3)) is amended--
(1) in the first sentence by striking "of not more than one
year" and inserting "which shall be not less than 5 years
without release";
(2) in the second sentence by striking "of not more than 2
years" and inserting "which shall be not less than 10 years
without release"; and
(3) by adding the following new sentence at the end thereof:
"Notwithstanding any other provision of law, the court shall
not place on probation or suspend the sentence of any person
sentenced under this subparagraph, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence.".
SEC. 115. MANDATORY PENALTIES FOR ILLEGAL DRUG USE IN FEDERAL PRISONS.
(a) DECLARATION OF POLICY.--It is the policy of the Federal Government
that the use or distribution of illegal drugs in the Nation's Federal
prisons will not be tolerated and that such crime shall be prosecuted
to the fullest extent of the law.
(b) AMENDMENT.--Section 401(b) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended by adding the following new paragraph and the
end thereof:
"(7)(A) In a case involving possession of a controlled
substance within a Federal prison or other Federal detention
facility, such person shall be sentenced to a term of
imprisonment of 1 year without release in addition to any
other sentence imposed for the possession itself.
"(B) In a case involving the smuggling of a controlled
substance into a Federal prison or other Federal detention
facility or the distribution of a controlled substance within
a Federal prison or other Federal detention facility, such
person shall be sentenced to a term of imprisonment of 10
years without release in addition to any other sentence
imposed for the possession or distribution itself.
"(C) Notwithstanding any other law, the court shall not place
on probation or suspend the sentence of a person sentenced
under this paragraph. No person sentenced under this
paragraph shall be eligible for parole during the term of
imprisonment imposed under this paragraph.".
SEC. 116. DEPORTATION OF CRIMINAL ALIENS.
(a) DEPORTATION OF ALIENS CONVICTED OF CRIMES OF VIOLENCE.--Section
241(a)(14) of the Immigration and Nationality Act (8 U.S.C.
1251(a)(14)) is amended by inserting after "convicted" the following:
"of a drug trafficking crime or a crime of violence (as those terms are
defined in paragraphs (2) and (3) of section 924(c) of title 18, United
States Code), or".
(b) REENTRY OF DEPORTED ALIENS.--Section 276(b)(2) of the Immigration
and Nationality Act (8 U.S.C. 1326(b)(2)) is amended to read as
follows:
"(2) whose deportation was subsequent to a conviction for a
drug trafficking crime or a crime of violence (as those terms
are defined in sections 924(c) (2) and (3) of title 18,
United States Code), such alien shall be fined under such
title and imprisoned for 20 years without release, and in the
case of a second violation of subsection (a) shall be
imprisoned for life without release. Notwithstanding any
other law, the court shall not place on probation or suspend
the sentence of any person sentenced under this paragraph and
such person shall not be released during the term of such
sentence.".
SEC. 117 ENCOURAGEMENT TO STATES TO ADOPT MANDATORY MINIMUM PRISON
SENTENCES.
(a) PRIORITY.--Beginning on the date that is 2 calendar years after the
date of enactment of this Act, a request for Federal drug law
enforcement assistance funds from the Bureau of Justice Assistance
Grant Programs by a State whose law provides for--
(1) mandatory minimum sentences equal to or greater than the
sentences authorized in sections 111, 112, 113, 114, and 115
for the commission of crimes against the State that are
equivalent to the Federal crimes punished in those sections;
(2) elimination of early release from prison of persons
convicted in a State court of committing a crime of violence
against a person or drug trafficking crime (other than simple
possession), equivalent to the requirements of section 103;
and
(3) payment of trial costs and mandatory fines equivalent to
that imposed by section 202,
shall receive priority over a request by a State whose law does not so
provide.
(b) REDISTRIBUTION.--Beginning on the data that is 2 calendar years
after the date of enactment of this Act, the formula for determining
the amount of funds to be distributed from the Drug Control and System
Improvement Grant Program to state and local governments shall be
adjusted by--
(1) reducing by 10 percent the amount of funds that would,
except for the application of this paragraph, be allocated to
States whose laws do not provide as stated in subsection (a);
and
(2) allocating the amount of the reduction pro rata to the
other States.
Subtitle C--Mandatory Work Requirements for Prisoners, Withholding
Federal Benefits, and Drug Testing of Prisoners
SEC. 131 MANDATORY WORK REQUIREMENT FOR ALL PRISONERS.
(A) IN GENERAL.--(1) It is the policy of the Federal Government that
convicted prisoners confined in Federal prisons, jails, and
other detention facilities shall work. The type of work in
which they will be involved shall be dictated by appropriate
security considerations and by the health of the prisoner
involved. Such labor may include, but not be limited to--
(A) local public works projects and infrastructure
repair;
(B) construction of new prisons and other detention
facilities;
(C) prison industries; and
(D) other appropriate labor.
(2) It is the policy of the Federal Government that States
and local governments have the same authority to require all
convicted prisoners to work.
(b) PRISONERS SHALL WORK.--Medical certification of 100 percent
disability, security considerations, or disciplinary action shall be
the only excuse to remove a Federal prisoner from labor participation.
(c) USE OF FUNDS.--(1) Subject to paragraph (2), any funds generated by
labor conducted pursuant to this section shall be deposited
in a separate fund in the Treasury of the United States for
use by the Attorney General for payment of prison
construction and operating expenses or for payment of
compensation judgements. Notwithstanding any other law, such
funds shall be available without appropriation.
(2) Prisoners shall be paid a share of funds generated by
their labor conducted pursuant to this section.
SEC. 132. REPEAL OF CONSTRAINTS ON PRISON INDUSTRIES.
(a) SUMNERS-ASHURST ACT.--(1) Chapter 85 of part 1 of title 18, United
States Code, is repealed.
(2) The table of chapters for part 1 of title 18, United
States Code, is amended by striking the item for chapter 85
and inserting the following:
"[85. Repealed.]".
(3) The repeal made by this subsection shall not affect the
performance to completion of the pilot projects authorized by
section 1761(c) of title 18, United States Code, prior to
enactment of this act.
(b) FEDERAL PRISON INDUSTRIES.--(1) Section 4122(a) of title 18, United
States Code, is amended to read as follows:
"(a) Federal Prison Industries shall determine in
what manner and to what extent industrial
operations shall be carried on in Federal penal and
correctional institutions for the product of
commodities for consumption in such institutions
or for sale to governmental departments and
agencies and to the public.".
(2) The first paragraph of section 4124 of title 18, United
States Code, is amended to read as follows:
"The several Federal departments and agencies and
all other Government institutions of the United
States may purchase such products of the industries
authorized by this chapter as meet their
requirements and may be available.".
(3) The second sentence of section 4126(f) of title 18,
United States Code, is amended to read as follows: "To the
extent that the amount of such funds is excess to the needs
of the corporation for such purposes, such funds may be
transferred to the Attorney General for the construction or
acquisition of penal and correctional institutions, including
camps described in section 4125.".
(c) WALSH-HEALY ACT.--Subsection (d) of the first section of the Act
entitled "An Act to provide conditions for the purchase of supplies and
the making of contracts by the United States, and for other purposes",
approved June 30, 1936, (41 U.S.C. 35(d)), is amended--
(1) by striking "and no convict labor"; and
(2) by striking ", except that this section, or any law or
Executive order contrasting similar prohibitions against
purchase of goods by the Federal Government, shall not apply
to convict labor which satisfies the conditions of section
1761(c) of title 18, United States Code".
(d) LEGISLATIVE RECOMMENDATIONS.--The Attorney General shall submit to
Congress a report making recommendations for legislation to--
(1) ensure that private businesses and labor do not suffer
unfair consequences from the repeal in subsection (a); and
(2) encourage greater private sector participation in prison
industries and create incentives for cooperative arrangements
between private businesses and prisons providing for such
participation.
SEC. 133. EMPLOYMENT OF PRISONERS.
(a) IN GENERAL.--The Attorney General may enter into contracts with
private businesses for the use of inmate skills that may be of
commercial use to such businesses.
(b) USE OF FEES AND PAYMENTS.--A portion of the fees and payments
collected for the use of inmate skills under contracts entered into
pursuant to subsection (a) shall be deposited in the fund described in
section 131(c)(1), and a portion shall be paid to the prisoners who
conduct the labor.
(c) SECURITY REQUIREMENT.--In the case of contracts described in
subsection (a) in which the provision of inmate skills would require
prisoners to leave the prison--
(1) prisoners shall be permitted to travel directly to a work
site and to remain at the work site during the work day and
shall be required to return directly to prison at the end of
each work day; and
(2) only prisoners with no history of violent criminal
activity and who are able to meet strict security standards
to insure that they pose no threat to the public, shall be
eligible to participate.
SEC. 134. WITHHOLDING PRISONERS' FEDERAL BENEFITS TO OFFSET
INCARCERATION COSTS.
(a) IN GENERAL.--The Federal benefits received by any prisoner (not
including those of a prisoner's spouse or dependents) who has been
convicted of a crime of violence against a person or drug trafficking
crime (other than simple possession) under Federal or State law and who
is incarcerated in a Federal or State prison shall, during the period
of the prisoner's incarceration, be withheld to offset the costs of--
(1) any victim compensation award against such prisoner; and
(2) any incarceration costs of the prisoner incurred by the
prison system.
(b) PAYMENT.--(1) In the case of a Federal Prisoner, Federal benefits
withheld for the purpose of subsection (a)(2) shall be paid
into the fund established by section 131(c).
(2) In the case of a State prisoner, Federal benefits
withheld for the purpose of subsection (a)(2) shall be paid
to the State.
(c) EXCEPTION.--The withholding of Federal benefits of a prisoner with
a spouse or other dependents under subsection (a) shall be adjusted by
the court to provide adequate support to and to prevent the
impoverishment of dependents.
(d) DEFINITIONS.--As used in this section the term "Federal benefit"
means the issuance of any payment of money, by way of grant, loan, or
statutory entitlement, provided by an agency of the United States or by
appropriated funds or trust funds of the United States but does not
include a right to payment under a contract.
SEC. 135. DRUG TESTING OF FEDERAL PRISONERS.
(a) DRUG TESTING PROGRAM.--(1) Subchapter A of chapter 229 of title 18,
United States Code, is amended by adding at the end thereof
the following new section:
"Section 3608. Drug testing of defendants on
post-conviction release
"(a) The Attorney General, in consultation with the
Director of the Administrative Office of the United
States Courts shall, as soon as is practicable
after the effective date of this section, establish
by regulation a program of drug testing of targeted
classes of arrestees, individuals in jails,
prisons, and other correctional facilities, and
persons on conditional or supervised release before
or after conviction, including probationers,
parolees, and persons released on bail.
"(b)(1) The Attorney General shall, not later than
6 months after the date of enactment of
this section, promulgate regulations for
drug testing programs under this section.
"(2) The regulations issued pursuant to
paragraph (1) shall be based in part on
scientific and technical standards
determined by the Secretary of Health
and Human Services to ensure reliability and
accuracy of drug test results. In
addition to specifying acceptable methods
and procedures for carrying out drug
testing, the regulations may include
guidelines or specifications concerning--
"(A) the classes of persons to
be targeted for testing;
"(B) the drugs to be tested
for;
"(C) the frequency and duration
of testing; and
"(D) the effect of test results
in decisions concerning the
sentence, the conditions to be
imposed on release before or
after conviction, and the
granting, continuation, or
termination of such release.
"(c) In each district where it is feasible to do
so, the chief probation officer shall arrange for
the drug testing of defendants on a post-conviction
release pursuant to a conviction for a felony or
other offense described in section 3563(a)(4) of
this title.".
SEC. 136. DRUG TESTING OF STATE PRISONERS.
(a) IN GENERAL.--Title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end of
part E (42 U.S.C. 3750-3766b) the following:
"DRUG TESTING PROGRAMS
"SEC. 523. (a) PROGRAM REQUIRED.--No funding shall be
provided under this part, whether by direct grant,
cooperative agreement, or assistance in any form, to any
State or any political subdivision or instrumentality of a
State that has not formulated and implemented a drug testing
program, subject to periodic review by the Attorney General,
as specified in the regulations described in subsection (b),
for targeted classes of arrestees, individuals in jails,
prisons, and other correctional facilities, and persons on
conditional or supervised release before or after conviction,
including probationers, parolees, and persons released on
bail.
"(b) REGULATIONS.--(1) The Attorney General shall, not later
than 6 months after the enactment of this section,
promulgate regulations for drug testing programs
under this section.
"(2) The regulations issued pursuant to paragraph
(1) shall incorporate the standards applicable to
drug testing of Federal prisoners under section
3608 of title 18, United States Code.
"(c) EFFECTIVE DATE.--This section shall take effect with
respect to any State, subdivisions, or instrumentality
receiving or seeking funding under this subchapter at a time
specified by the Attorney General, but no earlier than the
date of promulgation of the regulations required by
subsection (b).".
(b) AMENDMENT TO TABLE OF CONTENTS.--The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by inserting at the end of the item relating
to part E the following:
"Sec. 523. Drug testing program.".
Subtitle D--Judicial Reform to Protect the Innocent and Punish the
Guilty
SEC. 151. GOOD FAITH STANDARDS FOR GATHERING EVIDENCE.
(a) IN GENERAL.--Chapter 223 of title 18, United States Code, is
amended by adding at the end thereof the following new section:
"Section 3509. Admissibility of evidence obtained by search
or seizure
"(a) EVIDENCE OBTAINED BY OBJECTIVELY REASONABLE SEARCH OR
SEIZURE.--Evidence which is obtained as a result of a search
or seizure shall not be excluded in a proceeding in a court of
the United States on the ground that the search or seizure
was in violation of the fourth amendment to the Constitution
of the United States, if the search or seizure was carried
out in circumstances justifying an objectively reasonable
belief that it was in conformity with the fourth amendment.
The fact that evidence was obtained pursuant to and within
the scope of a warrant constitutes prima facie evidence of
the existence of such circumstances.
"(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR RULE.--Evidence
shall not be excluded in a proceeding in a court of the
United States on the ground that it was obtained in violation
of a statute, an administrative rule or regulation, or a rule
of procedure unless exclusion is expressly authorized by a
statute or by a rule prescribed by the Supreme Court pursuant
to statutory authority.
"(c) RULE OF CONSTRUCTION.--This section shall not be
constructed to require or authorize the exclusion of evidence
in any proceeding.".
(b) TECHNICAL AMENDMENT.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by adding at
the end the following:
"3509. Admissibility of evidence obtained by search or
seizure.".
SEC. 152. STROM THURMOND HABEAS CORPUS REFORM INITIATIVE.
(a) FINALITY OF DETERMINATIONS.--Section 2244 of title 28, United
States Code, is amended by adding at the end thereof the following new
subsections:
"(d) When a person in custody pursuant to the judgment of a
State court fails to raise a claim in State proceedings at
the time or in the manner required by State rules of
procedure, the claim shall not be entertained in an
application for a writ of habeas corpus unless actual
prejudice resulted to the applicant from the alleged denial
of Federal right asserted and--
"(1) the failure to raise the claim properly or to
have it heard in State proceedings was the result
of State action in violation of the Constitution or
laws of the United States;
"(2) the Federal right asserted was newly
recognized by the Supreme Court subsequent to the
procedural default and is retroactively applicable;
or
"(3) the factual predicate of the claim could not
have been discovered through the exercise of
reasonable diligence prior to the procedural
default.
"(e) A one-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of the following
times:
"(1) the time at which State remedies are
exhausted;
"(2) the time at which the impediment to filing an
application created by State action in violation to
the Constitution or laws of the United States is
removed, where the applicant was prevented from
filing by such State action;
"(3) the time at which the Federal right asserted
was initially recognized by the Supreme Court,
where the right has been newly recognized by the
Court and is retroactively applicable; or
"(4) the time at which the factual predicate of the
claim or claims presented could have been
discovered through the exercise of reasonable
diligence.".
(b) APPEAL.--Section 2253 of title 28, United States Code, is amended
to read as follows:
"Section 2253. Appeal
"In a habeas corpus proceeding or a proceeding under section
2255 of this title before a circuit or district judge, the
final order shall be subject to review, on appeal, by the
court of appeals for the circuit where the proceeding is had.
"There shall be no right of appeal from such an order in a
proceeding to test the validity of a warrant to remove, to
another district or place for commitment or trial, a person
charged with a criminal offense against the United States, or
to test the validity of the person's detention pending
removal proceedings.
"An appeal may not be taken to the court of appeals from the
final order in a habeas corpus proceeding where the detention
complained of arises out of process issued by a State court,
or from the final order in a proceeding under section 2255 of
this title, unless a circuit justice or judge issues a
certificate of probable cause.".
(c) APPELLATE PROCEDURE.--Rule 22 of the Federal Rules of Appellate
Procedure is amended to read as follows:
"Rule 22. Habeas Corpus and Section 2255 Proceedings
"(a) APPLICATION FOR AN ORIGINAL WRIT OF HABEAS CORPUS.--An
application for a writ of habeas corpus shall be made to the
appropriate district court. If application is made to a
circuit judge, the application will ordinarily be transferred
to the appropriate district court. If an application is made
to or transferred to the district court and denied, renewal
of the application before a circuit judge is not favored; the
proper remedy is by appeal to the court of appeals from the
order of the district court denying the writ.
"(b) NECESSITY OF CERTIFICATE OF PROBABLE CAUSE FOR
APPEAL.--In a habeas corpus proceeding in which the detention
complained of arises out of process issued by a State court,
and in a motion proceeding pursuant to section 2255 of title
28, United States Code, an appeal by the applicant or movant
may not proceed unless a circuit judge issues a certificate
of probable cause. If a request for a certificate of
probable cause is addressed to the court of appeals, it shall
be deemed addressed to the judges thereof and shall be
considered by a circuit judge or judges as the court deems
appropriate. If no express request for a certificate is
filed, the notice of appeal shall be deemed to constitute a
request addressed to the judgements of the court of appeals.
If an appeal is taken by a State or the government or its
representative, a certificate of probable cause is not
required.".
(d) STATE CUSTODY.--Section 2254 of title 28, United States Code, is
amended--
(1) by amending subsection (b) to read as follows:
"(b) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the
judgment of a State court shall not be granted
unless it appears that the applicant has exhausted
the remedies available in the courts of the State,
or that there is either an absence of available
State corrective process or the existence of
circumstances rendering such process ineffective to
protect the rights of the applicant. An
application may be denied on the merits
notwithstanding the failure of the applicant to
exhausted the remedies available in the courts of
the States.";
(2) by redesignating subsection (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
"(d) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the
judgment of a State court shall not be granted
with respect to any claim that has been fully and
fairly adjudicated in State proceedings."; and
(4) by amending subsection (e), as redesignated by paragraph
(2), to read as follows:
"(e) In a proceeding instituted by an application
for a writ of habeas corpus by a person in custody
pursuant to the judgment of a State court, a full
and fair determination of a factual issue made in
the case by a State court shall be presumed to be
correct. The applicant shall have the burden of
rebutting this presumption by clear and convincing
evidence.".
(e) FEDERAL CUSTODY.--Section 2255 of title 28, United States Code, is
amended by striking the second paragraph and the penultimate paragraph
thereof, and by adding at the end thereof the following new paragraphs:
"When a person fails to raise a claim at the time or in the
manner required by Federal rules of procedure, the claim
shall not be entertained in a motion under this section
unless actual prejudice resulted to the movant from the
alleged denial of the right asserted and--
"(1) the failure to raise the claim properly, or to
have it heard, was the result of governmental
action in violation of the Constitution or the laws
of the United States;
"(2) the right asserted was newly recognized by the
Supreme Court subsequent to the procedural default
and is retroactively applicable; or
"(3) the factual predicate of the claim could not
have been discovered through the exercise of
reasonable diligence prior to the procedural
default.
"A two-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
latest of the following times;
"(1) The time at which the judgment of conviction
becomes final.
"(2) The time at which the impediment to making a
motion created by governmental action in violation
of the Constitution or laws of the United States is
removed, where the movant was prevented from making
a motion by such governmental action.
"(3) The time at which the right asserted was
initially recognized by the Supreme Court, where
the right has been newly recognized by the Court
and is retroactively applicable.
"(4) The time at which the factual predicate of the
claim or claims presented could have been
discovered through the exercise of reasonable
diligence.".
SEC. 153. PROSCRIPTION OF USE OF DRUG PROFITS.
(a) LIST OF ASSETS.--Section 511(d) of the Controlled Substances Act
(21 U.S.C. 881(d)) is amended by--
(1) inserting "(1)" after (d)"; and
(2) adding at the end thereof the following new paragraph:
"(2)(A) Prior to sentencing a defendant on
conviction in a Federal court of a felony under
this title, the court shall compile a list of all
assets owned by the defendant not subject to
forfeiture.
"(B) After the release of a defendant described in
subparagraph (A), upon request of the Attorney
General, the court shall required the defendant to
provide proof that any asset owned by the defendant
not listed on the list described in subparagraph
(A) was legally obtained.".
"(C) In order to prove that a defendant legally
obtained an asset not listed on the list described
in subparagraph (A), the defendant shall be
required to produce documentation of the same
nature as that required of a taxpayer by the
Internal Revenue Service.
"(D) Assets that a defendant does not prove were
legally obtained under subparagraph (B) may be
seized by the Attorney General through attachment
and foreclosure proceedings, and the proceeds of
such proceedings shall be deposited in the
Department of Justice's Assets Forfeiture Fund and
shall be available for transfer to the building and
facilities account of the Federal prison system.".
SEC. 154. JURISDICTION OF SPECIAL MASTERS.
Notwithstanding any other law, a special master appointed to serve in a
United States court to monitor compliance with a court order, including
special masters who have been appointed prior to the date of enactment
of this Act--
(1) shall be appointed for a term of no more than 1 year;
(2) may be reappointed for terms of 1 year;
(3) shall be given a clear and narrow mandate by the court
and shall have no authority in any area where a specific
mandate is not granted; and
(4) shall not have jurisdiction to enforce any judicial order
with respect to the management of prisons or jails.
SEC. 155. SENTENCING PATTERNS OF FEDERAL JUDGES.
(a) IN GENERAL.--Chapter 49 of title 28, United States Code, is amended
by adding at the end thereof the following new section:
"Section 757 Sentencing patterns
"(a) The Administrative Office of the United States Courts
shall annually publish a cumulative report on sentencing by
United States District Judges. The report shall be compiled
for the purpose of enabling the reader to assess criminal
sentencing patterns among Federal judges and post-sentencing
treatment to determine judicial accuracy of forecasting
future responsible and lawful behavior by those whom they
sentence.
"(b) The report shall--
"(1) personally identify the judge that pronounced
each criminal sentence;
"(2) give a brief description of the crime or
crimes perpetrated by the criminal and the prison,
probation, parole, furlough, recidivism, and other
history of the criminal that is reasonably
available for compilation; and
"(3) include such charts, profiles, and narratives
as are necessary.".
(b) TECHNICAL AMENDMENT.--The table of sections for chapter 49 of title
28, United States Code, is amended by adding at the end thereof the
following:
"757. Sentencing patterns.".
TITLE II--ACHIEVING A DRUG-FREE AMERICA BY 1995
SEC. 201. FINDINGS.
The Congress finds that--
(1) to make America drug-free by 1995 requires a concerted
effort to hold drug users accountable for their actions,
which sustain the drug trade and related criminal activities;
and
(2) the anti-drug policy of the 1990's must emphasize the
principles of zero tolerance, user accountability, and
measured user penalties.
SEC. 202 PAYMENT OF TRIAL COSTS AND MANDATORY MINIMUM FINES.
(a) FINE TO PAY COST OF TRIAL.--(1) A person who is convicted of a
violation of section 404 of the Controlled Substances Act (21
U.S.C. 844) shall pay to the Treasury of the United States
the cost of the trial in which the person is convicted, as
determined by the court, out of the income of such person.
(2) If a person convicted of drug possession has insufficient
income and property to pay the cost of trial as required by
paragraph (1), the court shall determine an appropriate
amount that should be paid in view of the person's income and
the cost of trial.
(3) The amount that a person shall be required to pay out of
the person's income to pay the cost of trial shall not exceed
25 percent of the person's annual income.
(b) ADDITIONAL MANDATORY FINE.--In addition to the fines authorized in
section 404 of the Controlled Substances Act (21 U.S.C. 844) and in
subsection (a), a person who is convicted of section 404 of the
Controlled Substances Act shall be assessed a mandatory fine of at
least 10 percent of the person's income for a first offense and at
least 25 percent of the person's income for a second or subsequent
offense.
(c) INCOME.--For the purposes of this section, a person's annual income
shall be determined to be no less than the amount of income reported on
the person's most recent Federal income tax filing.
(d) FORFEITURE OF PROPERTY.--If a person convicted of a drug crime has
insufficient income to pay the fines imposed under subsections (a) and
(b), the person's property, including wages and other earnings, shall
be subject to forfeiture through attachment, foreclosure, and
garnishment procedures.
(e) The court may order payment of trial costs and fines imposed under
this section in a single payment or in installments, as necessary to
realize the greatest possibility that the entire amount of costs and
fines will be paid.
SEC. 203. WITHHOLDING OF UNEARNED FEDERAL BENEFITS FROM DRUG
TRAFFICKERS AND USERS WHO ARE NOT IN PRISON.
(a) DRUG TRAFFICKERS.--Section 5301(a) of the Anti-Drug Abuse Act of
1988 (21 U.S.C 853a(a)) is amended--
(1) by amending paragraph (1) to read as follows:
"(1) Any individual who is convicted of any State
offense consisting of the distribution of
controlled substances (as such terms are defined
for purposes of the Controlled Substances Act) who
is not sentenced to a prison term or who serves a
prison term of less than the time periods specified
in subparagraph (A), (B), or (C) of this paragraph
shall--
"(A) upon the first conviction for such
an offense be ineligible for unearned
Federal benefits for 5 years after such
conviction;
"(B) upon a second conviction be
ineligible for all unearned Federal
benefits for 10 years after such
conviction; and
"(C) upon a third or subsequent
conviction for such an offense be
permanently ineligible for all unearned
Federal benefits."; and
(2) in paragraph (2) by striking "there is a reasonable body
of evidence to substantiate such declaration" and inserting
"there is clear and convincing evidence to substantiate such
declaration".
(b) DRUG USERS.--Section 5301(b) of the Anti-Drug Abuse Act of 1988 (21
U.S.C. 853a(b)) is amended--
(1) in paragraph (1) by amending subparagraphs (A) and (B) to
read as follows:
"(A) upon the first conviction for such an offense
be ineligible for all unearned Federal benefits for
1 year after such conviction;
"(B) upon a second and subsequent convictions be
ineligible for all unearned Federal benefits for 5
years after such convictions; and
(2) in paragraph (2) by striking "there is a reasonable body
of evidence to substantiate such declaration" and inserting
"there is clear and convincing evidence to substantiate such
declaration".
(c) SUSPENSION OF PERIOD OF INELIGIBILITY.--Subsection (c) of section
5301 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 853a(c)) is amended
to read as follows:
"(c) SUSPENSION OF PERIOD OF INELIGIBILITY.--A court may
reduce the period of ineligibility referred to in subsection
(b)(1)(A) to 3 months if the individual--
"(1) successfully completes a supervised drug
rehabilitation program which includes periodic,
random drug testing after becoming ineligible
under this section; or
"(2) completes a period of community service
satisfactory to the court and passes period and
random drug tests administered during the 3-month
period of suspension.".
(d) DEFINITIONS.--Subsection (d) of section 5301 of the Anti-Drug Abuse
Act of 1988 (21 U.S.C. 853a(d)) is amended to read as follows:
"(d) DEFINITIONS.--As used in this section--
"(1) the term 'earned Federal benefits' means
programs and benefits that are earned through or by
financial contributions or service, such as Social
Security or veterans' benefits; and
"(2) the term 'unearned Federal benefits' means all
Federal benefits, including the issuance of any
grant, contract, loan, professional license, or
commercial license provided by an agency of the
United States or by appropriated funds of the
United States, but not including earned Federal
benefits, such as Social Security and veteran's
benefits.
(e) MONITORING.--The Attorney General shall establish a system to
monitor implementation of section 5301 of the Anti-Drug Abuse Act of
1988 (21 U.S.C. 853a).
SEC. 204. REVOCATION OF DRUG USERS' DRIVER'S LICENSES AND PILOT'S
LICENSES.
(a) DRIVER'S LICENSES.--(1) Chapter 1 of title 23, United States Code,
is amended by adding at the end thereof the following new
section:
"Section 159. Revocation of the driver's licenses
of persons convicted of drug possession
"(a) Beginning on the date that is 2 calendar years
after the date of enactment of this section, a
request for Federal drug law enforcement assistance
funds from the Bureau of Justice Assistance Grant
programs by a State whose law provides for
revocation of drivers' licenses as provided in
subsection (c) shall receive priority over a
request by a State whose law does not so provide.
"(b) Beginning on the date that is 2 calendar years
after the date of enactment of this section, the
formula for determining the amount of funds to be
distributed from the Drug Control and System
Improvement Grant Program to State and local
governments shall be adjusted by--
"(1) reducing by 10 percent the amount of
funds that would, except for the
application of this paragraph, be
allocated to States whose laws do not
provide as stated in subsection (c); and
"(2) allocated the amount of the
reduction pro rata to the other States.
"(c)(1) A State meets the requirements of this
section if the State has enacted and is enforcing a
law that requires in all circumstances, except as
provided in paragraph(2)--
"(A) the mandatory revocation of the
driver's license for at least 1 year of
any person who is convicted, after the
enactment of such law, of--
"(i) a violation of section 404
of the Controlled Substances
Act (21 U.S.C. 844); or
"(ii) any other Federal or
State drug offense for which a
person serves less than 1 year's
imprisonment; and
"(B) the mandatory denial of any request
for the issuance or reinstatement of a
driver's license to such a person if the
person does not have a driver's license,
or the driver's license of the person is
suspended, at the time the person is so
convicted.
"(2) The State law referred to in paragraph (1) may
provide that the driver's license of a first
offender, but not of a second or subsequent
offender, may be reinstated on performance of 3
months' community service and passes periodic drug
tests administered during the period of community
service.".
"(d) For purposes of this section--
"(1) The term 'driver's license' means a
license issued by a State to any person
that authorizes the person to operate a
motor vehicle on the highways.
"(2) The term 'drug offense' means any
criminal offense which proscribes the
possession, distribution, manufacture,
cultivation, sale, transfer, or the
attempt or conspiracy to possess,
distribute, manufacture, cultivate, sell,
or transfer any substance the possession
of which is prohibited under the
Controlled Substances Act (21 U.S.C. 801
et seq.) and such offenses under State
laws.
"(3) The term 'convicted' includes
adjudicated under juvenile proceedings.".
(2) The table of contents for chapter 1 of title 23, United
States Code, is amended by adding at the end thereof the
following new item:
"159. Revocation of the driver's licenses of
persons convicted of drug offenses.".
(b) PILOT'S LICENSES.--The Secretary of Transportation shall cause the
Federal Aviation Administration to amend its regulations as necessary
to cause the revocation of pilot's licenses on the terms and conditions
prescribed for revocation of driver's licenses in subsection (a).
SEC. 205. ACCOUNTABILITY AND PERFORMANCE OF DRUG TREATMENT FACILITIES.
(a) STATEWIDE DRUG TREATMENT PLANS.--Title XIX of the Public Health
Service Act is amended by inserting after section 1916A (42 U.S.C.
300x-4a) the following new section:
"SEC. 1916B. STATEWIDE DRUG TREATMENT PLAN.
"(a) NATURE OF PLAN.--To receive the drug abuse portion of
its allotment for a fiscal year under section 1912A, a State
shall develop, implement, and submit, as part of the
application required by section 1916(a), an approved
statewide Drug Treatment Plan, prepared according to
regulations promulgated by the Secretary, that shall
contain--
"(1) a single, designated State agency for
formulating and implementing the Statewide Drug
Treatment Plan;
"(2) a description of the mechanism that shall be
used to assess the needs for drug treatment in
localities throughout the State including the
presentation of relevant data;
"(3) a description of a statewide plan that shall
be implemented to expand treatment capacity and
overcome obstacles that restrict the expansion of
treatment capacity (such as zoning ordinances), or
an explanation of why such a plan is necessary;
"(4) a description of performance-based criteria
that shall be used to assist in the allocating of
funds to drug treatment facilities receiving
assistance under this subpart: [sic]
"(5) a description of the drug-free patient and
workplace programs, that must include some form of
drug testing, to be utilized in drug treatment
facilities and programs;
"(6) a description of the mechanism that shall be
used to make funding allocations under this
subpart;
"(7) a description of the actions that shall be
taken to improve the referral of drug users to
treatment facilities that offer the most
appropriate treatment modality;
"(8) a description of the program of training that
shall be implemented for employees of treatment
facilities receiving Federal funds, designed to
permit such employees to stay abreast of the latest
and most effective treatment techniques;
"(9) a description of the plan that shall be
implemented to coordinate drug treatment facilities
with other social, health, correctional and
vocational services in order to assist or properly
refer those patients in need of such additional
services; and
"(10) a description of the plan that will be
implemented to expand and improve efforts to
contact and treat expectant women who use drugs and
to provide appropriate follow-up care to their
affected newborns.
"(b) SUBMISSION OF PLAN.--The plan required by subsection (a)
shall be submitted to the Secretary annually for review and
approval. The Secretary shall have the authority to review
and approve or disapprove such State plans, and to propose
changes to such plans.
"(c) SUBMISSION OF PROGRESS REPORTS.--Each State shall submit
reports, in such form, and containing such information as the
Secretary may, from time to time, require, and shall comply
with such additional provisions as the Secretary may from
time to time find are necessary to verify the accuracy of
such reports but are not overly burdensome to the State.
"(d) WAIVER OF PLAN REQUIREMENT.--At the discretion of the
Secretary, the Secretary may waive any or all of the
requirements of this section on the written request of a
State, except that such waiver shall not be granted unless
the State implements an alternative treatment plan that
fulfills the objectives of this section.
"(e) DEFINITION.--As used in this section, the term 'drug
abuse portion' means the amount of a State's allotment under
section 1912A that is required by this subpart, or by any
other law, to be used for programs or activities relating to
drug abuse.".
(b) REGULATIONS AND EFFECTIVE DATES.--(1) The Secretary of Health and
Human Services shall promulgate regulations to carry out
section 1916B of the Public Health Service Act (as added by
subsection (a)) not later than 6 months after the date of
enactment of this section.
(2)(A)Sections 1916B(a) (4) and (5) of such Act (as added by
subsection (a)) shall become effective on October 1
of the second fiscal year beginning after the date
that final regulations under paragraph (1) are
published in the Federal Register.
(B) The remaining provision of such section 1916B
shall become effective on October 1 of the first
fiscal year beginning after the date final
regulations under paragraph (1) are published in
the Federal Register.
SEC. 206. DRUG-FREE SCHOOLS.
(a) ELEMENTARY AND SECONDARY EDUCATION.--(1) Title XII of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), is amended by
inserting at the end thereof the following new section 1213:
"DRUG AND ALCOHOL ABUSE PREVENTION
"SEC. 1213. (a) Notwithstanding any other law, no
institution of higher education shall be eligible
to receive funds or any other form of financial
assistance under any Federal program, including
participation in any federally funded or guaranteed
student loan program, unless it certifies to the
Secretary that it has adopted and has implemented a
program to prevent the use of illicit drugs and the
abuse of alcohol by students and employees that, at
a minimum, includes--
"(1) the annual distribution to each
student and employee of--
"(A) standards of conduct that
clearly prohibit, at a minimum,
the unlawful possession, use,
or distribution of illicit
drugs and alcohol by students
and employees on its property
or as a part of any of its
activities;
"(B) a description of
applicable legal sanctions
under local, State, or Federal
law for the unlawful
possession or distribution of
illicit drugs and alcohol;
"(C) a description of the
health risks associated with
the use of illicit drugs and
the abuse of alcohol;
"(D) a description of any drug
or alcohol counseling,
treatment, or rehabilitation
programs that are available to
employees or students; and
"(E) a clear statement that the
institution will impose
sanctions on students and
employees (consistent with
local, State, and Federal
laws), and a description of
those sanctions, up to and
including expulsion or
termination of employment and
referral for prosecution, for
violations of the standards of
conduct required by paragraph
(1)(A);
"(2) provisions for drug testing; and
"(3) a biennial review by the institution
of its program to--
"(A) determine its
effectiveness and implement
changes to the program if they
are needed; and
"(B) ensure that the sanctions
required by paragraph (1)(E)
are consistently enforced.
"(b) Each institution of higher education that
provides the certification required by subsection
(a) shall, upon request, make available to the
Secretary and to the public a copy of each item
required by subsection (a)(1) as well as the
results of the biennial review required by
subsection (a)(2).
"(c)(1) The Secretary shall publish regulations to
implement and enforce this section,
including regulations that provide for--
"(A) the periodic review of a
representative sample of
programs required by subsection
(a); and
"(B) sanctions, up to and
including the termination of
any form of financial
assistance, for institutions of
higher education that fail to
implement their programs or to
consistently enforce their
sanctions.
"(2) The sanctions required by subsection
(a)(1)(E) may include the completion of
an appropriate rehabilitation program".
(2) Paragraph (1) shall take effect on October 1, 1990.
(b) DRUG AND ALCOHOL ABUSE PREVENTION.--(1) Part D of the Drug-Free
Schools and Communities Act of 1986 (20 U.S.C. 3171 et seq.)
is amended by adding at the end thereof a new section 5145 to
read as follows:
"CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
"SEC. 5145. (a) Notwithstanding any other law, no
local educational agency shall be eligible to
receive funds or any other form of financial
assistance under any Federal program unless it
certifies to the State educational agency that it
has adopted and has implemented a program to
prevent the use of illicit drugs and alcohol by
students or employees that, at a minimum,
includes--
"(1) mandatory, age-appropriate,
developmentally based drug and alcohol
education and prevention programs (which
address the legal, social, and health
consequences of drug and alcohol use and
which provide information about effective
techniques for resisting peer pressure to
use illicit drugs or alcohol) for
students in all grades of the schools
operated or served by the applicant, from
early childhood level through grade 12;
"(2) conveying to students that the use
of illicit drugs and alcohol is wrong and
harmful;
"(3) standards of conduct that are
applicable to students and employees in
all the applicant's schools and that
clearly prohibit, at a minimum, the
possession, use, or distribution of
illicit drugs and alcohol by students and
employees on school premises or as part
of any of its activities;
"(4) a clear statement that sanctions
(consistent with local, State, and
Federal law), up to and including
expulsion or termination of employment
and referral for prosecution, will be
imposed on students and employees who
violate the standards of conduct required
by paragraph (3) and a description of
those sanctions;
"(5) information about any available drug
and alcohol counseling and rehabilitation
programs that are available to students
and employees;
"(6) a requirement that parents,
students, and employees be given a copy
of the standards of conduct required by
paragraph (3) and the statement of
sanctions required by paragraph (4);
"(7) notifying parents, students, and
employees that compliance with the
standards of conduct required by
paragraph (3) is mandatory;
"(8) provisions for drug testing; and
"(9) a biennial review by the applicant
of its program to--
"(A) determine its
effectiveness and implement
changes to the program if they
are needed; and
"(B) ensure that the sanctions
required by paragraph (4) are
consistently enforced.
"(b) Each local educational agency that provides
the certification required by subsection (a) shall,
upon request, make available to the Secretary, the
State educational agency, and the public full
information about the elements of its program
required by subsection (a), including the results
of its biennial review.
"(c) Each State educational agency shall certify to
the Secretary that it has adopted and has
implemented a program to prevent the use of illicit
drugs and the abuse of alcohol by its students and
employees that is consistent with the program
required by subsection (a) of this section. The
State educational agency shall, upon request, make
available to the Secretary and to the public full
information about the elements of its program.
"(d)(1) The Secretary shall publish regulations to
implement and enforce the provisions of
this section, including regulations that
provide for--
"(A) the periodic review by
State educational agencies of a
representative sample of
programs required by subsection
(a); and
"(B) sanctions, up to and
including the termination of
any form of financial
assistance, for local
educational agencies that fail
to implement their programs or
to consistently enforce their
sanctions.
"(2) The sanctions required by subsection
(a)(1) through (4) may included the
completion of an appropriate
rehabilitation program.".
(2) The Drug-Free Schools and Communities Act of 1986 is
further amended in section 5126(c)(2) by--
(A) striking subparagraphs (E), (F), and (G); and
(B) redesignating subparagraphs (H) through (M) as
subparagraphs (E) through (J), respectively.
(3) Paragraphs (1) and (2) shall take effect on October 1,
1990.
SEC. 207. DRUG-FREE TRANSPORTATION.
(a) SHORT TITLE.--This section may be cited as the 'Transportation
Employee Testing Act'.
(b) FINDINGS.--The Congress finds that--
(1) alcohol abuse and illegal drug use pose significant
dangers to the safety and welfare of the Nation;
(2) millions of the Nation's citizens utilize transportation
by aircraft, railroads, trucks, and buses, and depend on the
operators of aircraft, railroads, trucks, and buses to
perform in a safe and responsible manner;
(3) the greatest efforts must be expended to eliminate the
abuse of alcohol and the use of illegal drugs, whether on or
off duty, by persons who are involved in the operation of
aircraft, railroads, trucks, and buses;
(4) the use of alcohol and illegal drugs has been
demonstrated to affect significantly the performance of
persons who use them, and has been proven to have been a
critical factor in transportation accidents;
(5) the testing of uniformed personnel of the Armed Forces
has shown that the most effective deterrent to abuse of
alcohol and use of illegal drugs is increased testing,
including random testing;
(6) adequate safeguards can be implemented to ensure that
testing for abuse of alcohol or use of illegal drugs is
performed in a manner that protects a person's right of
privacy, ensures that no person is harassed by being treated
differently from other persons, and ensures that no person's
reputation or career development is unduly threatened or
harmed; and
(7) rehabilitation is a critical component of any testing
program for abuse of alcohol or use of illegal drugs, and
should be made available to persons, as appropriate.
(C) AMENDMENT OF THE FEDERAL AVIATION ACT.--(1) Title VI of the Federal
Aviation Act of 1958 (49 App. U.S.C. 1421 et seq.) is amended
by adding at the end thereof the following:
"ALCOHOL AND CONTROLLED SUBSTANCES TESTING
"TESTING PROGRAM
"SEC. 613. (a)(1) The Administrator shall, in the
interest of aviation safety, prescribe regulations
not later than 12 months after the date of
enactment of this section. Such regulations shall
establish a program that requires air carriers and
foreign air carriers to conduct preemployment,
reasonable suspicion, random, and post-accident
testing of airmen, crewmembers, airport security
screening contract personnel, and other air
carrier employees responsible for safety-sensitive
functions (as determined by the Administrator) for
use, in violation of law, of alcohol or a
controlled substances. The Administrator may also
prescribe regulations, as the Administrator
considers appropriate in the interest of safety,
for the conduct of periodic recurring testing of
such employees for such use in violation of law.
"(2) The Administrator shall establish a program
applicable to employees of the Federal Aviation
Administration whose duties include responsibility
for safety-sensitive functions. Such programs
shall provide for preemployment, reasonable
suspicion, random, an post-accident testing for
use, in violation of law, of alcohol or a
controlled substance. The Administrator may also
prescribe regulations, as the Administrator
considers appropriate in the interest of safety,
for the conduct of periodic testing of such
employees for such use in violation of law.
"(3) In prescribing regulations under the programs
required by this subsection, the Administrator
shall require, as the Administrator considers
appropriate, the suspension or revocation of any
certificate issued to such a person, or the
disqualification or dismissal of any such person,
in accordance with this section, in any instance
where a test conduct and confirmed under this
section indicates that such person has used, in
violation of law, alcohol or a controlled
substance.
"PROHIBITION OF SERVICE
"(b)(1) No person may use, in violation of law,
alcohol or a controlled substance after the date of
enactment of this section and serve as an airman,
crewmember, airport security screening contract
personnel, air carrier employee responsible for
safety-sensitive functions (as determined by the
Administrator), or employee of the Federal Aviation
Administration with responsibility for
safety-sensitive functions.
"(2) No person who is determined to have used, in
violation of law, alcohol or a controlled substance
after the date of enactment of this section shall
serve as an airman, crewmember, airport security
screening contract personnel, air carrier employee
responsible for safety-sensitive functions (as
determined by the Administrator), or employee of
the Federal Aviation Administration with
responsibility for safety-sensitive functions
unless such person has completed a program of
rehabilitation described in subsection (c).
"(3) Any such person determined by the
Administrator to have used, in violation of law,
alcohol or a controlled substance after the date of
enactment of this section who--
"(A) engaged in such use while on duty;
"(B) prior to such use had undertaken or
completed a rehabilitation program
described in subsection (c) of this
section;
"(C) following such determination refuses
to undertake such rehabilitation program;
or
"(D) following such determination fails
to complete such a rehabilitation
program,
shall not be permitted to perform the duties
relating to air transportation which such person
performed prior to the date of such determination.
"PROGRAM FOR REHABILITATION
"(c)(1) The Administrator shall prescribe
regulations setting forth requirements for
rehabilitation programs which at a minimum provide
for the identification and opportunity for
treatment of employees referred to in subsection
(a)(1) in need of assistance in resolving problems
with the use, in violation of law, of alcohol or
controlled substances. Each air carrier or foreign
air carrier is encouraged to make such a program
available to all of its employees in addition to
those employees referred to in subsection (a)(1).
The Administrator shall determine the circumstances
under which such employees shall be required to
participate in such a program. Nothing in this
subsection shall preclude any air carrier or
foreign air carrier from establishing a program
under this subsection in cooperation with any other
air carrier or foreign air carrier.
"(2) The Administrator shall establish and maintain
a rehabilitation program which at a minimum
provides for the identification and opportunity for
treatment of those employees of the Federal
Aviation Administration whose duties include
responsibility for safety-sensitive functions who
are in need of assistance in resolving problems
with the use of alcohol or controlled substances.
"PROCEDURES
"(d) In establishing the program required under
subsection (a) of this section, the Administrator
shall development requirements which shall--
"(1) promote, to the maximum extent
practicable, individual privacy in the
collection of specimen samples;
"(2) with respect to laboratories and
testing procedures for controlled
substances, incorporate the Department of
Health and Human Services scientific and
technical guidelines dated April 11,
1988, and any amendments thereto,
including mandatory guidelines which--
"(A) establish comprehensive
standards for all aspects of
laboratory controlled
substances testing and
laboratory procedures to be
applied in carrying out this
section, including standards
that require the use of the
best available technology for
ensuring full reliability and
accuracy of controlled
substances tests and strict
procedures governing the chain
of custody of specimen samples
collected for controlled
substances testing;
"(B) establish the minimum list
of controlled substances for
which persons may be tested;
and
"(C) establish appropriate
standards and procedures for
periodic review of laboratories
and criteria for certification
and revocation of certification
of laboratories to perform
controlled substances testing
in carrying out this section;
"(3) require that all laboratories
involved in the controlled substances
testing of any person under this section
shall have the capability and facility,
at such laboratory, of performing
screening and confirmation tests;
"(4) provide that all tests that indicate
the use, in violation of law, of alcohol
or a controlled substance by any person
shall be confirmed by a scientifically
recognized method of testing capable of
providing quantitative data regarding
alcohol or a controlled substance;
"(5) provide that each specimen sample be
subdivided, secured, and labeled in the
presence of the tested person and that a
portion thereof be retained in a secure
manner to prevent the possibility of
tampering, so that if the person's
confirmation test results are positive
the person has an opportunity to have the
retained portion assayed by a
confirmation test done independently at a
second certified laboratory if the person
requests the independent test within 3
days after being advised of the results
of the confirmation test;
"(6) ensure appropriate safeguards for
testing to detect and quantify alcohol in
breath and body fluid samples, including
urine and blood, through the development
of regulations as may be necessary and in
consultation with the Department of
Health and Human Services;
"(7) provide for the confidentiality of
test results and medical information
(other than information relating to
alcohol or a controlled substance) of
employees, except that this paragraph
shall not preclude the use of test
results for the orderly imposition of
appropriate sanctions under this section;
and
"(8) ensure that employees are selected
for tests by nondiscriminatory and
impartial methods, so that no employee is
harassed by being treated differently
from other employees in similar
circumstances.
"EFFECT ON OTHER LAWS AND REGULATIONS
"(e)(1) No State or local government shall adopt or
have in effect any law, rule, regulation,
ordinance, standard, or order that is inconsistent
with the regulations promulgated under this
section, except that the regulations promulgated
under this section shall not be construed to
preempt provisions of State criminal law which
impose sanctions for reckless conduct leading to
actual loss of life, injury, or damage to property,
whether the provisions apply specifically to
employees of an air carrier or foreign air carrier
or to the general public.
"(2) Nothing in this section shall be construed to
restrict the discretion of the Administrator to
continue in force, amend, or further supplement any
regulations issued before the date of enactment of
this section that govern the use of alcohol and
controlled substances by airmen, crewmembers,
airport security screening contract personnel, air
carrier employees responsible for safety-sensitive
functions (as determined by the Administrator), or
employees of the Federal Aviation Administration
with responsibility for safety-sensitive functions.
"(3) In prescribing regulations under this section,
the Administrator shall establish requirements
applicable to foreign air carriers that are
consistent with the international obligations of
the United States, and the Administrator shall
take into consideration any applicable laws and
regulations of foreign countries. The Secretary of
State and the Secretary of Transportation, jointly,
shall call on the member countries of the
International Civil Aviation Organization to
strengthen and enforce existing standards to
prohibit the use, in violation of law, of alcohol
or a controlled substance by crewmembers in
international civil aviation.
"DEFINITION
"(f) For the purposes of this section, the term
"controlled substance" means any substance under
section 102(6) of the Controlled Substances Act
(21 U.S.C. 802(6)) specified by the
Administrator.".
(2) The portion of the table of contents of the Federal
Aviation Act of 1958 relating to title VI is amended by
adding at the end thereof the following:
"Sec. 613. Alcohol and controlled substances testing.
"(a) Testing program.
"(b) Prohibition on service.
"(c) Program for rehabilitation.
"(d) Procedures.
"(e) Effect on other laws and regulations.
"(f) Definition.".
(d) AMENDMENT OF THE FEDERAL RAILROAD SAFETY ACT.--Section 202 of the
Federal Railroad Safety Act of 1970 (45 U.S.C. 431) is amended by
adding at the end thereof the following new subsection:
"(r)(1) In the interest of safety, the Secretary shall, not
later than 12 months after the date of enactment of this
subsection, issue rules, regulations, standards, and orders
relating to alcohol and drug use in railroad operations.
Such regulations shall establish a program which--
"(A) requires railroads to conduct preemployment,
reasonable suspicion, random, and post-accident
testing of all railroad employees responsible for
safety-sensitive functions (as determined by the
Secretary) for use, in violation of law, of alcohol
or a controlled substance;
"(B) requires, as the Secretary considers
appropriate, disqualification for an established
period of time or dismissal of any employee
determined to have used or to have been impaired by
alcohol while on duty; and
"(C) requires, as the Secretary considers
appropriate, disqualification for an established
period of time or dismissal of any employee
determined to have used a controlled substance,
whether on duty or not on duty, except as permitted
for medical purposes by law and any rules,
regulations, standards, or orders issued under this
title.
The Secretary may also issue rules, regulations, standards,
and orders, as the Secretary considers appropriate in the
interest of safety, requiring railroads to conduct periodic
testing of railroad employees responsible for such safety
sensitive functions, for use of alcohol or a controlled
substance in violation of law. Nothing in this subsection
shall be construed to restrict the discretion of the
Secretary to continue in force, amend, or further supplement
any rules, regulations, standards, and orders governing the
use of alcohol and controlled substances in railroad
operations issued before the date of enactment of this
subsection.
"(2) In carrying out this subsection, the Secretary shall
develop requirements which shall--
"(A) promote, to the maximum extent practicable,
individual privacy in the collection of specimen
samples;
"(B) with respect to laboratories and testing
procedures for controlled substances, incorporate
the Department of Health and Human Services
scientific and technical guidelines dated April 11,
1988, and any amendments thereto, including
mandatory guidelines which--
"(i) establish comprehensive standards
for all aspects of laboratory controlled
substances testing and laboratory
procedures to be applied in carrying out
this subsection, including standards that
require the use of the best available
technology for ensuring the full
reliability and accuracy of controlled
substances tests and strict procedures
governing the chain of custody of
specimen samples collected for controlled
substances testing;
"(ii) establish the minimum list of
controlled substances for which persons
may be tested; and
"(iii) establish appropriate standards
and procedures for periodic review of
laboratories and criteria for
certification and revocation of
certification of laboratories to perform
controlled substances testing in carrying
out this subsection;
"(C) require that all laboratories involved in the
controlled substances testing of any employee under
this subsection shall have the capability and
facility, at such laboratory, of performing
screening and confirmation tests;
"(D) provide that all tests which indicate the use,
in violation of law, of alcohol or a controlled
substance by any employee shall be confirmed by a
scientifically recognized method of testing capable
of providing quantitative data regarding alcohol or
a controlled substance;
"(E) provide that each specimen sample be
subdivided, secured, and labeled in the presence of
the tested person and that a portion thereof be
retained in a secure manner to prevent the
possibility of tampering, so that in the event the
person's confirmation test results are positive the
person has an opportunity to have the retained
portion assayed by a confirmation test done
independently at a second certified laboratory if
the person requests the independent test within 3
days after being advised of the results of the
confirmation test;
"(F) ensure appropriate safeguards for testing to
detect and quantify alcohol in breath and body
fluid samples, including urine and blood, through
the development of regulations as may be necessary
and in consultation with the Department of Health
and Human Services;
"(G) provides for the confidentiality of test
results and medical information (other than
information relating to alcohol or a controlled
substance) of employees, except that the provisions
of this subparagraph shall not preclude the use of
test results for the orderly imposition of
appropriate sanctions under this subsection; and
"(H) ensure that employees are selected for tests
by nondiscriminatory and impartial methods, so that
no employee is harassed by being treated
differently from other employees in similar
circumstances.
"(3) The Secretary shall issue rules, regulations, standards,
or orders setting forth requirements for rehabilitation
programs which at a minimum provide for the identification
and opportunity for treatment of railroad employees
responsible for safety-sensitive functions (as determined by
the Secretary) in need of assistance in resolving problems
with the use, in violation of law, of alcohol or a controlled
substance. Each railroad is encouraged to make such a
program available to all of its employees in addition to
those employees responsible for safety-sensitive functions.
The Secretary shall determine the circumstances under which
such employees shall be required to participate in such
program. Nothing in this paragraph shall preclude a railroad
from establishing a program under this paragraph in
cooperation with any other railroad.
"(4) In carrying out the provisions of this subsection, the
Secretary shall establish requirements that are consistent
with the international obligations of the United States, and
the Secretary shall take into consideration any applicable
laws and regulations of foreign countries.
"(5) For the purposes of this subsection, the term
'controlled substance' means any substance under section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))
specified by the Secretary.".
(e) AMENDMENT OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT.--(1) The
Commercial Motor Vehicle Safety Act of 1986 (49 App. U.S.C.
2701 et seq.) is amended by adding at the end thereof the
following new section:
"SEC. 12020. ALCOHOL AND CONTROLLED SUBSTANCES
TESTING.
"(a) REGULATIONS.--The Secretary shall, in the
interest of commercial motor vehicle safety, issue
regulations not later than 12 months after the date
of enactment of this section. Such regulations
shall establish a program which requires motor
carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of the
operators of commercial motor vehicles for use, in
violation of law, of alcohol or a controlled
substance. The Secretary may also issue
regulations, as the Secretary considers appropriate
in the interest of safety, for the conduct of
periodic testing of such operations for such use in
violation of law.
"(b) TESTING.--
"(1) POST-ACCIDENT TESTING.--In issuing
such regulations, the Secretary shall
require that post-accident testing of the
operator of a commercial motor vehicle be
conducted in the case of any accident
involving a commercial motor vehicle in
which occurs loss of human life, or, as
determined by the Secretary, other serious
accidents involving bodily injury or
significant property damage.
"(2) TESTING AS PART OF MEDICAL
EXAMINATION.--Nothing in subsection (a)
shall preclude the Secretary from
providing in such regulations that such
testing be conducted as part of the
medical examination required by subpart E
of part 391 of title 49, Code of Federal
Regulations, with respect to operators of
commercial motor vehicles to whom such
part is applicable.
"(c) PROGRAM FOR REHABILITATION.--The Secretary
shall issue regulations setting forth requirements
for rehabilitation programs which provide for the
identification and opportunity for treatment of
operators of commercial motor vehicles who are
determined to have used, in violation of law or
Federal regulation, alcohol or a controlled
substance. The Secretary shall determine the
circumstances under which such operators shall be
required to participate in such program. Nothing
in this subsection shall preclude a motor carrier
from establishing a program under this subsection
in cooperation with any other motor carrier.
"(d) PROCEDURES FOR TESTING.--In establishing the
program required under subsection (a) of this
section, the Secretary shall develop requirements
which shall--
"(1) promote, to the maximum extent
practicable, individual privacy in the
collection of specimen samples;
"(2) with respect to laboratories and
testing procedures for controlled
substances, incorporate the Department of
Health and Human Services scientific and
technical guidelines dated April 11,
1988, and any subsequent amendments
thereto, including mandatory guidelines
which--
"(A) establish comprehensive
standards for all aspects of
laboratory controlled
substances testing and
laboratory procedures to be
applied in carrying out this
section, including standards
which require the use of the
best available technology for
ensuring the full reliability
and accuracy of controlled
substances tests and strict
procedures governing the chain
of custody of specimen samples
collected for controlled
substances testing;
"(B) establish the minimum list
of controlled substances for
which individuals may be
tested; and
"(C) establish appropriate
standards and procedures for
periodic review of laboratories
and criteria for certification
and revocation of certification
of laboratories to perform
controlled substances testing
in carrying out this section;
"(3) require that all laboratories
involved in the testing of any individual
under this section shall have the
capability and facility, at such
laboratory, of performing screening and
confirmation tests;
"(4) provide that all tests which
indicate the use, in violation of law or
Federal regulation, of alcohol or a
controlled substance by any individual
shall be confirmed by a scientifically
recognized method of testing capable of
providing quantitative data regarding
alcohol or a controlled substance;
"(5) provide that each specimen sample be
subdivided, secured, and labeled in the
presence of the tested individual and
that a portion thereof be retained in a
secure manner to prevent the possibility
of tampering, so that in the event the
individual's confirmation test results
are positive the individual has an
opportunity to have the retained portion
assayed by a confirmation test done
independently at a second certified
laboratory if the individual requests the
independent test within 3 days after
being advised of the results of the
confirmation test;
"(6) ensure appropriate safeguards for
testing to detect and quantify alcohol in
breath and body fluid samples, including
urine and blood, through the development
of regulations as may be necessary and in
consultation with the Department of
Health and Human Services;
"(7) provide for the confidentiality of
test results and medical information
(other than information relating to
alcohol or a controlled substance) of
employees, except that the provisions of
this paragraph shall not preclude the use
of test results for the orderly
imposition of appropriate sanctions under
this section; and
"(8) ensure that employees are selected
for tests by nondiscriminatory and
impartial methods, so that no employee is
harassed by being treated differently
from other employees in similar
circumstances.
"(e) EFFECT ON OTHER LAWS AND REGULATIONS.--
"(1) STATE AND LOCAL LAW AND
REGULATIONS.--No State or local
government shall adopt or have in effect
any law, rule, regulation, ordinance,
standard, or order that is inconsistent
with the regulations issued under this
section, except that the regulations
issued under this section shall not be
construed to preempt provisions of State
criminal law which impose sanctions for
reckless conduct leading to actual loss
of life, injury, or damage to property,
whether the provisions apply specifically
to commercial motor vehicle employees, or
to the general public.
"(2) OTHER REGULATIONS ISSUED BY
SECRETARY.--Nothing in this section shall
be construed to restrict the discretion
of the Secretary to continue in force,
amend, or further supplement any
regulations governing the use of alcohol
or controlled substances by commercial
motor vehicle employees issued before the
date of enactment of this section.
"(3) INTERNATIONAL OBLIGATIONS.--In
issuing regulations under this section,
the Secretary shall only establish
requirements that are consistent with the
international obligations of the United
States, and the Secretary shall take into
consideration any applicable laws and
regulations of foreign countries.
"(f) APPLICATION OF PENALTIES.--
"(1) EFFECT ON OTHER PENALTIES.--Nothing
in this section shall be construed to
supersede any penalty applicable to the
operator of a commercial motor vehicle
under this title or any other provision
of law..
"(2) DETERMINATION OF SANCTIONS.--The
Secretary shall determine appropriate
sanctions for commercial motor vehicle
operators who are determined, as a result
of tests conducted and confirmed under
this section, to have used, in violation
of law or Federal regulation, alcohol or
a controlled substance but are not under
the influence of alcohol or a controlled
substance as provide in this title.
"(g) DEFINITION.--(1) For the purposes of this section, the
term 'controlled substance' means any substance under section
102(6) of the Controlled Substances Act (21 U.S.C. 802(6))
specified by the Secretary.".
(2) The table of contents of the Commercial Motor Vehicle
Safety Act of 1986 (Public Law 99-570; 100 Stat. 5223) is
amended by adding at the end thereof the following:
"Sec. 12020. Alcohol and controlled substances
testing.".
(3) The Secretary shall design within 9 months after the date
of enactment of this subsection, and implement within 15
months after the date of enactment of this subsection, a
pilot test program for the purpose of testing the operators
of commercial motor vehicles on a random basis to determine
whether an operator has used, in violation of law or Federal
regulation, alcohol or a controlled substance. The pilot
test program shall be administered as part of the Motor
Carrier Safety Assistance Program.
(4) The Secretary shall solicit the participation of State
which are interested in participating in such program and
shall select four States to participate in the program.
(5) The Secretary shall ensure that the states selected
pursuant to this section are representative of varying
geographical and population characteristics of the Nation and
that the selection takes into consideration the historical
geographical incidence of commercial motor vehicle accidents
involving loss of human life.
(6) The pilot program authorized by this section shall
continue for a period of one year. The Secretary shall
consider alternative methodologies for implementing a system
of random testing of operators of commercial motor vehicles.
(7) Not later than 30 months after the date of enactment of
this section, the Secretary shall prepare and submit to the
Congress a comprehensive report setting forth the results of
the pilot program conducted under this subsection. Such
report shall include any recommendations of the Secretary
concerning the desirability and implementation of a system
for the random testing of operators of commercial motor
vehicles.
(8) For the purposes of carrying out this subsection, there
shall be available to the Secretary $5,000,000 from funds
made available to carry out section 404 of the Surface
Transportation Assistance Act of 1982 (49 App. U.S.C. 2304)
for fiscal year 1990.
(9) For the purposes of this subsection, the term "commercial
motor vehicle" shall have the meaning given to such term in
section 12019(6) of the Commercial Motor Vehicle Safety Act
of 1986 (49 App. U.S.C. 2716(6)).
(f) AMENDMENT OF THE URBAN MASS TRANSPORTATION ACT.--The Urban Mass
Transportation Act of 1964 is amended by adding at the end thereof the
following new section:
"ALCOHOL AND CONTROLLED SUBSTANCES TESTING
"SEC. 26. (a) REGULATIONS.--The Secretary shall, in the
interest of mass transportation safety, issue regulations
within 12 months after the date of enactment of this section.
Such regulations shall establish a program which requires
each recipient of assistance under this Act to conduct
preemployment, reasonable suspicion, random, and postaccident
testing of the operators of mass transportation vehicles for
use, in violation of law or Federal regulation, of alcohol or
a controlled substance. The Secretary may also issue
regulations, as the Secretary considers appropriate in the
interest of safety, for the conduct of periodic recurring
testing of such operators for such use in violation of law or
Federal regulation.
"(b) POSTACCIDENT TESTING.--In issuing such regulations, the
Secretary shall require that postaccident testing of the
operator of a mass transportation vehicle be conducted in the
case of any accident involving a mass transportation vehicle
in which occurs loss of human life, or, as determined by the
Secretary, other serious accidents involving bodily injury or
significant property damage.
"(c) PROGRAM FOR REHABILITATION.--The Secretary shall issue
regulations setting forth requirements for rehabilitation
programs which provide for the identification and opportunity
for treatment of operators of mass transportation vehicles
who are determined to have used, in violation of law or
Federal regulation, alcohol or a controlled substance. The
Secretary shall determine the circumstances under which such
operators shall be required to participate in such a program.
Nothing in this subsection shall preclude a recipient from
establishing a program under this subsection in cooperation
with any other recipient.
"(d) PROCEDURES FOR TESTING.--In establishing the program
required under subsection (a) of this section, the Secretary
shall develop requirements which shall--
"(1) promote, to the maximum extent practicable,
individual privacy in the collection of specimen
samples;
"(2) with respect to laboratories and testing
procedures for controlled substances, incorporate
the Department of Health and Human Services
scientific and technical guidelines dated April 11,
1988, and any subsequent amendments thereto,
including mandatory guidelines which--
"(A) establish comprehensive standards
for all aspects of laboratory controlled
substances testing and laboratory
procedures to be applied in carrying out
this section, including standards which
require the use of the best available
technology for ensuring the full
reliability and accuracy of controlled
substances tests and strict procedures
governing the chain of custody of
specimen samples collected for controlled
substances testing;
"(B) establish the minimum list of
controlled substances for which
individuals may be tested; and
"(C) establish appropriate standards and
procedures for periodic review of
laboratories and criteria for
certification and revocation of
certification of laboratories to perform
controlled substances testing in carrying
out this section;
"(3) require that all laboratories involved in the
testing of any individual under this section shall
have the capability and facility, at such
laboratory, of performing screening and
confirmation tests;
"(4) provide that all tests which indicate the use,
in violation of law or Federal regulation, of
alcohol or a controlled substance by any individual
shall be confirmed by a scientifically recognized
method of testing capable of providing quantitative
data regarding alcohol or a controlled substance;
"(5) provide that each specimen sample be
subdivided, secured, and labeled in the presence of
the tested individual and that a portion thereof be
retained in a secure manner to prevent the
possibility of tampering, so that in the event the
individual's confirmation test results are positive
the individual has an opportunity to have the
retained portion assayed by a confirmation test
done independently at a second certified laboratory
if the individual requests the independent test
within 3 days after being advised of the results of
the confirmation test;
"(6) ensure appropriate safeguards for testing to
detect and quantify alcohol in breath and body
fluid samples, including urine and blood, through
the development of regulations as may be necessary
and in consultation with the Department of Health
and Human Services;
"(7) provide for the confidentiality of test
results and medical information (other than
information relating to alcohol or a controlled
substance) of employees, except that the provisions
of this paragraph shall not preclude the use of
test results for the orderly imposition of
appropriate sanctions under this section; and
"(8) ensure that employees are selected for tests
by nondiscriminatory and impartial methods, so that
no employee is harassed by being treated
differently from other employees in similar
circumstances.
"(e) EFFECT ON OTHER LAWS AND REGULATIONS.--
"(1) STATE AND LOCAL LAW AND REGULATIONS.--No State
or local government shall adopt or have in effect
any law, rule, regulation, ordinance, standard, or
order that is inconsistent with the regulations
issued under this section, except that the
regulations issued under this section shall not be
construed to preempt provisions of State criminal
law which impose sanctions for reckless conduct
leading to actual loss of life, injury, or damage
to property.
"(2) OTHER REGULATIONS ISSUED BY
SECRETARY.--Nothing in this section shall be
construed to restrict the discretion of the
Secretary to continue in force, amend, or further
supplement any regulations governing the use of
alcohol or controlled substances by mass
transportation employees issued before the date of
enactment of this section.
"(3) INTERNATIONAL OBLIGATIONS.--In issuing
regulations under this section, the Secretary shall
only establish requirements that are consistent
with the international obligations of the United
States, and the Secretary shall take into
consideration any applicable laws and regulations
of foreign countries.
"(f) APPLICATION OF PENALTIES.--
"(1) EFFECT ON OTHER PENALTIES.--Nothing in this
section shall be construed to supersede any penalty
applicable under this title or any other provision
of law..
"(2) DETERMINATION OF SANCTIONS.--The Secretary
shall determine appropriate sanctions for mass
transportation vehicle operators who are
determined, as a result of tests conducted and
confirmed under this section, to have used, in
violation of law or Federal regulation, alcohol or
a controlled substance but are not under the
influence of alcohol or a controlled substance as
provide in this title.
"(g) DEFINITION.--(1) For the purposes of this
section, the term 'controlled substance' means any
substance under section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)) specified by the
Secretary.".
SEC. 208. MONETARY AWARDS FOR CERTAIN INFORMATION RELATING TO THE
UNLAWFUL SALE OF CONTROLLED SUBSTANCES.
Section 524z(c)(1) of title 28, United States Code is amended--
(1) by striking "Justice--" and inserting "Justice:";
(2) in subparagraph (A)--
(A) by striking "the" in the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period; and
(3) in subparagraph (B)--
(A) by striking "the" the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period; and
(4) in subparagraph (C)--
(A) by striking "the" the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period;
(5) in subparagraph (D)--
(A) by striking "the" the first place it appears
and inserting "The"; and
(B) by striking the semicolon at the end and
inserting a period;
(6) in subparagraph (E)--
(A) by striking "disbursements" and inserting
"Disbursements"; and
(B) by striking the semicolon at the end and
inserting a period;
(7) in subparagraph (F)--
(A) by striking "for" the first place it appears
and inserting "For"; and
(B) by striking the semicolon at the end and
inserting a period;
(8) in subparagraph (G)--
(A) by striking "for" the first place it appears
and inserting "For"; and
(B) by striking the semicolon at the end and
inserting a period;
(9) in subparagraph (H)--
(A) by striking "after" and inserting "After";
(B) by striking "(H)" and inserting "(I)"; and
(10) by inserting after subparagraph (G) the following:
"(H)(i) For the payment of an award to any person
or persons who provide information leading to the
arrest and conviction under Federal law of any
individual or individuals for the unlawful sale, or
possession for sale, of a controlled substance or a
controlled substance analogue. The aggregate
amount of such award shall be equal to 50 percent
of the fair market value (as of the date of
forfeiture) of all property forfeited to the United
States as a result of such conviction and pursuant
to a law enforced or administered by the Department
of Justice: _Provided_, That payment of such
awards shall not reduce the amount of such moneys
or property available for distribution to State and
local law enforcement agencies.
"(ii) For the payment to the State or States in
which the Federal offense was committed by such
individual or individuals, of an incentive award to
encourage such State or States, at their option, to
establish a program (including outreach) to pay
rewards to persons who provide information leading
to the arrest and conviction under State law of
individuals for the unlawful sale, or possession
for sale, of controlled substances or controlled
substance analogues. The aggregate amount of such
incentive award shall be equal to 5 percent of the
fair market value (as of the date of forfeiture) of
all property forfeited to the United States as a
result of the convictions referred to in clause (i)
and pursuant to a law enforced or administered by
the Department of Justice.
"(iii) For the purposes of this subparagraph--
"(I) the term 'controlled substance' has
the meaning stated in section 102(6) of
the Controlled Substances Act;
"(II) the term 'controlled substance
analogue' has the meaning stated in
section 102(32) of the Controlled
Substances Act; and
"(III) the term 'individual' does not
include an individual who is convicted
under Federal or State law for the
unlawful sale, or possession for sale, of
a controlled substance or a controlled
substances analogue.".
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
SEC. 302. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or the
application of any such provision or amendment to any person or
circumstance is held invalid, the validity of any other such provision
or amendment, and the application of such provisions or amendment to
other persons and circumstances, shall not be affected thereby.
extracted from: YEARBOOK OF AGRICULTURE 1927 UNITED STATES
DEPARTMENT OF AGRICULTURE-c.1928 pages 358-361 HEMP Varieties
of Improved Type are Result of Selection.
Methods of hemp selection devised in 1913 have been followed since
with only slight modifications. The plots of different strains are
placed as far apart as possible (40 rods or more) to avoid
cross-pollination. The seed is sown early in April in drills 6 feet
apart. The plants are cultivated as soon as the rows can be seen
and about four times later. In June the plants are thinned to 10 to
15 inches apart in the drill. As soon as the staminate buds can be
distinguished in August the plots are rogued. All plants of poor
type are removed, and superfluous staminate plants are cut out. In
September, when the plants have attained full size and the
staminate plants have shed their pollen, notes and measurements are
recorded for each pistillate plant as follows: Diameter, number of
nodes and height to alternate branches (from which to compute
length of internodes), total height, notes as to divergence from
type. The tallest and best plants are tagged with their numbers and
covered with a cheesecloth sack to protect the seeds from birds.
The plants are harvested late in October and the seed is
threshed (beaten off) about a week later. The seed of each selected
plant is cleaned separately by means of a small fanning mill. The
seed from the other plants is cleaned and sent in small quantities
to hempseed growers. One pound, containing about 27,000 seeds, is
sufficient to plant an acre of seed hemp with hills 5 feet apart
each way.
The selected individual plants are subjected to further
competition based on length of internode, total height, and weight
of seed, to determine which ones will be used for planting the
following season. Each row in the selection plot is grown from the
seed of an individual selected plant of the preceding year.
Kymington The variety called Kymington
(Kentucky-Minnesota-Washington, from the origin of the seed and
places of development) is a result of successive individual
selections from the progeny of the best single plant of Minnesota
No. 8 grown in 1912. This mother plant was 10 feet 6 inches tall.
The 311 plants in the initial plot of 1914, on clay loam upland at
the Arlington Experiment Farm, averaged 9 feet 11 1/2 inches in
height. (Fig. 105.-Initial selection plot of Kymington hemp,
averaging 9 feet 11 1/2 inches in height, from seed of a single
plant of Minnesota No. 8. Arlington Experiment Farm, 1914.) Each
plant selected to furnish seed for the following year was taller
than the mother plant of 1912. The average length of internodes in
this initial plot was 4.37 inches. These measurements increased
until 1923, when the average height was 16 feet 9 1/4 inches and
the average length of internodes was 5.94 inches. (Fig.
106.-Kymington hemp, averaging 16 feet 9 1/4 inches in height, an
increase of 60 per cent by nine generations of selection. Arlington
Experiment Farm, 1923.) Since 1923 the measurements have declined
somewhat, due in part to unfavorable soils and seasons, but in all
instances the average measurements have been above those of the
original plot, and in 1927 they were slightly better than in 1926.
This variety has been grown extensively by Kentucky hempseed
growers, some of whom have kept the seed pure.
Chington The Chington (China-Washington) variety has been
developed by successive individual selections from the progeny of
a single plant in 1913. The seed was received from Hankow, China,
through the Office of Foreign Plant Introduction and given the
S.P.I. number 35251. It was planted in the testing garden, and
unlike most of the numerous introductions of hempseed, it gave
promise of value. It averaged 5 feet 11 inches in height, and the
best single plant from which seed was saved was 10 feet 6 inches
tall. Seed from this best plant was sown at the Arlington farm in
1914, and the annual selection has been continued. This strain also
reached its greatest development in 1923, when it averaged 16 feet
8 inches in height with internodes averaging 6 1/2 inches. A few
plants attained a height of 20 feet. Since 1923 the measurements
have declined a little, though remaining always above those of the
mother plant of 1913 and the average of the initial plot of 1914.
With the slight reduction there is greater uniformity.
The Chington variety has been grown extensively by hempseed
growres in Kentucky, and in some instances efforts have been made
to keep it pure. Large fields of fiber hemp sown with pure Chington
seed are remarkably uniform and give good yields of excellent
uniform fiber.
Ferramington The Ferramington variety has been developed by
successive selection from the progeny of a cross made in 1916. In
that year a row of Ferrara, the best hemp of northern Italy, was
grown in the plot of Kymington, and all of the Ferrara staminate
plants were removed before thy shed any pollen. (Fig. 107.-Origin
of Ferramington hemp. Row of Italian Ferrara pistillate or
seed-bearing plants in plot of Kymington. Arlington Experiment
Farm, 1916.) Seed from the best Ferrara plants was saved, and this
has been grown and selected at the experiment station at Madison,
Wis. The cross was made for the prupose fo combining the earliness
and smaller diameter of stalks of the Italian hemp with the greater
height and longer internodes of Kymington. This result has been
achieved after many years of selection to eliminate diverse types
from the progeny of the cross. This Ferramington has been tried in
Wisconsin, where it gave a very good crop nearly two weeks earlier
than the main hemp harvest. It has also been tried near Bologna,
Italy, where it produced fiber fully equal in quality to that of
the Ferrara hemp grown in the same field, and about 1 foot longer.
Arlington The Arlington variety is being developed by
successive selection of individual plants from the progeny of a
cross made in 1919 between Kymington as a pistillate parent and
Chington as the staminate parent. It shows increased vigor both in
growth and in production of seed, and the stalks are slender and
more elastic than those of any of the other varieties. It is a
little earlier than either of the parent varieties, both of which
are later than most of the hemp from unselected Kentucky seed.
Lyster H. Dewey.
WHAT'S NEW IN AGRICULTURE pages 91-94. ABACA Fiber Cleaning
Machine Saves Work and Does Better Job. For more than a
century the entire world supply of abaca or "manila hemp" fiber has
been cleaned by a slow, laborious, and wasteful hand-stripping
process. With the crude handmade implement that is used for this
work (fig. 1.-Stripping abaca fiber by hand in the Philippine
Islands. A ribbon or "tuxie" is pulled under a finely serrated
knife, scraping away the pulp.) a man will ordinarily cleans from
20 to 25 pounds of fiber in a day, and it is estimated that the
average abaca "stripper" cleans less than 2 tons of fiber as a
year's work. The labor of more than 75,000 men has been required to
do the work that can now be done with 350 machines.
The disadvantages of cleaning abaca fiber by this antiquated
method have not been limited to the unnecessary waste of labor. In
the hand-stripping process there is loss of fiber both in the
preliminary work of preparing the fiber ribbons and in the
subsequent work of drawing these ribbons under the stripping knife,
resulting in a total loss of about one-half the fiber in the stalk.
As many different kinds of stripping knives are used, there has
been no uniformity in the product, and it has been found necessary
to establish more than 20 different commercial grades of abaca
fiber. Large quantities of inferior fiber are produced by the
hand-stripping process, and the annual production of "damaged"
fiber, which is fiber of such poor quality that it can not be
included in any of the recognized commercial grades, has amounted
to nearly 25,000,000 pounds.
United States Consumption 150,000,000 Pounds Abaca fiber is
used principally for the manufacture of manila rope, and about
150,000,000 pounds of this fiber are consumed annually in the
United States. The high production costs of abaca fiber, which are
due largely to inefficient methods of cleaning, are reflected in
the prices both of abaca fiber and of manila rope. During the
five-year period from 1922 to 1926 there was a decrease of more
than 6,000 tons in the annual imports of abaca fiber into the
United States, while our annual bill for abaca increased during
this same period nearly $9,000,000.
It has long been recognized that, with increasing labor costs
and growing competition from other cordage fibers, the
hand-stripping method of cleaning abaca must eventually be replaced
with a machine-cleaning process. During a period of at least 50
years repeated attempts have been made to perfect a machine for
cleaning abaca. Machines of many different types have been
constructed, only to be subsequently abandoned. The machine
inventors, in most instances, have atttempted to construct a small
machine that could be moved from place to place in the abaca fields
and to devise a cleaning process that would be only a modified form
of hand stripping. It now appears probable that large, permanently
installed machines will be used for cleaning abaca fiber and that
the stripping will be replaced by a beating process similar to that
used for cleaning sisal fiber.
During the early part of 1924 the United States Department of
Agriculture conducted experiments in the Province of Cebu, in the
Philippine Islands, to determine if abaca can be cleaned with the
same machines that are used for cleaning sisal fiber. Twenty abaca
stalks were brought from a plantation in the interior of the island
to the coast town of Sibonga, where a sisal machine was located,
and these stalks were cleaned with this machine. The fiber obtained
in this first test was of inferior quality, but it was demonstrated
that the machine would clean abaca. The results obtained indicated
that with certain changes in adjustment it would be possible to
clean a satisfactory quality of fiber with this machine.
Tests Made in Mactan Island The data obtained in this
experiment were furnished the agents for the machine, who made
arrangements for conducting a more comprehensive series of tests
with another machine of the same type that was located on the
island of Mactan. One thousand stalks of abaca were brougt to this
island from several different Provinces, and a series of
experimental cleaning tests were made. Careful records were kept of
this work, and the machine-cleaned fiber was sent to a cordage mill
in the United States for mill tests. The results obtained in these
experiments were so promising that early in 1925 this machine was
moved to the Province of Davao, in the island of Mindanao, where it
was installed on an abaca plantation. The experimental work was
continued at this place until it had been fully demonstrated that
this machine could be economically operated in a commercial way on
an abaca plantation. During 1926 one of the largest abaca
plantation companies in the Philippine Islands purchased and
installed on its plantation one of these machines, which has since
been in regular operation. (Fig. 2.-Mill for cleaning abaca. The
fiber-cleaning machine is mounted on the second floor to facilitate
the removal of the bagasse, which comprises more than 95 per cent
of the raw material.)
While this work has been in progress in the Philippine
Islands, a plantation company in Sumatra has developed another
abaca-cleaning machine. The Sumatra machines are of the same
general type as those that are being used in the Philiippines, and
machine-cleaned abaca of good quality is now being produced in
commercial quantities both in the Philippine Islands and in
Sumatra.
Advantages of Machine Method The more important advantages in
the use of these large machines for cleaning abaca fiber are the
reduction in the labor required, the increase in the quantity of
fiber obtained from a given quantity of raw material, and the
production of a fiber of uniform quality. The use of large,
automatic machines for cleaning abaca fiber will entirely eliminate
the preliminary work of preparing the fiber ribbons which requires
as much labor as the actual work of stripping; it will eliminate at
least 50 per cent of the waste of fiber; and it will greatly
simplify the present complicated system of grading abaca fiber.
The pioneer work with abaca-cleaning machines has been done,
but there still remains a number of problems to be solved.
Improvements can undoubtedly be made in the machine itself, and the
methods of drying and brushing the fiber are yet to be perfected.
The change from the old hand-cleaning methods to the new system of
machine cleaning will require an almost complete reorganization of
the abaca industry. This will be a difficult work and one that can
not be accomplished in a short period of time. It is a change that
must be made, however, if the Philippine Islands are to compete
successfully with other countries in the production of abaca fiber.
H.T. Edwards.
page 1125. FOREIGN TRADE IN AGRICULTURAL PRODUCTS Manila fiber
imported into the United States: Total; 1924-98,000tons,
1925-73,000tons, 1926-62,000tons, 1927-61,000tons. Being about 98%
from Philippine Islands, and 2% from other countries.
Sisal and henequen fibers imported into the United States:
Total; 1924-97,000tons, 1925-146,000tons, 1926-126,000tons,
1927-116,000tons. Being about 70% from Mexico, 17% from Dutch East
Indies, and 13% from other countries.
extracted from: BOTANY (An Introduction to Plant Science). Wilfred
W. Robbins, T. Elliot Weier c. 1950 page 151. The leaves of a
few plants yield commercial quantities of textile fiber; among such
are Manila hemp, sisal, Mauritius hemp, and New Zealand hemp.
Important dyestuffs, such as indigo, chlorophyll, henna, and woad,
are secured from leaves.
extracted from: Our Living World (A Source of Biological Nature
Study) Eliot Rowland Downing c. 1924 page 245. The Indian Hemp
is closely related to the dogbane. It is a sturdy, upright,
branching plant, one to two feet tall. The leaves are opposite,
twice the size of those of the dogbane. It yields a strong fiber
that the aboriginies used to make string.
page 275. Wild hemp, quite different fro the Indian hemp
previously described, is a rough, branching plant, three to ten
feet tall, with both opposite and alternate leaves, which appear
palmately compound, the cutting is so deep. There are five to
eleven lobes springing from a common point and each lobe is narrow
and coarsely toothed. The flower are in elongate axillary clusters
and the fruits look like spikes of grain or grass seed.
extracted from: The Shell Country Book; by Geoffrey Grigson, c.
1962 page 232 Hemp Agrimony, among perennials, is not an
unpleasant plant for a herbaceous border (particularly in districts
where it is not too abundantly familiar along the roads): its
pinkish flowers attract Red Admirals, Tortoiseshells, Peacocks,
Tiger Moths, etc.
For FREE recorded information about how hemp can save the world,
use a touch tone phone and call 303/470-1100 Hemp Information
Hotline.
extracted from:YEARBOOK OF AGRICULTURE 1927UNITED STATES DEPARTMENT OF AGRICULTURE-c.1928pages 358-361 HEMP Varieties of Improved Type are Result of Selection.
Methods of hemp selection devised in 1913 have been followed since with only slight modifications. The plots of different strains are placed as far apart as possible (40 rods or more) to avoid cross-pollination. The seed is sown early in April in drills 6 feet apart. The plants are cultivated as soon as the rows can be seen and about four times later. In June the plants are thinned to 10 to 15 inches apart in the drill. As soon as the staminate buds can be distinguished in August the plots are rogued. All plants of poor type are removed, and superfluous staminate plants are cut out. In September, when the plants have attained full size and the staminate plants have shed their pollen, notes and measurements are recorded for each pistillate plant as follows: Diameter, number of nodes and height to alternate branches (from which to compute length of internodes), total height, notes as to divergence from type. The tallest and best plants are tagged with their numbers and covered with a cheesecloth sack to protect the seeds from birds.
The plants are harvested late in October and the seed is threshed (beaten off) about a week later. The seed of each selected plant is cleaned separately by means of a small fanning mill. The seed from the other plants is cleaned and sent in small quantities to hempseed growers. One pound, containing about 27,000 seeds, is sufficient to plant an acre of seed hemp with hills 5 feet apart each way.
The selected individual plants are subjected to further competition based on length of internode, total height, and weight of seed, to determine which ones will be used for planting the following season. Each row in the selection plot is grown from the seed of an individual selected plant of the preceding year.
Kymington The variety called Kymington (Kentucky-Minnesota-Washington, from the origin of the seed and places of development) is a result of successive individual selections from the progeny of the best single plant of Minnesota No. 8 grown in 1912. This mother plant was 10 feet 6 inches tall. The 311 plants in the initial plot of 1914, on clay loam upland at the Arlington Experiment Farm, averaged 9 feet 11 1/2 inches in height. (Fig. 105.-Initial selection plot of Kymington hemp, averaging 9 feet 11 1/2 inches in height, from seed of a single plant of Minnesota No. 8. Arlington Experiment Farm, 1914.) Each plant selected to furnish seed for the following year was taller than the mother plant of 1912. The average length of internodes in this initial plot was 4.37 inches. These measurements increased until 1923, when the average height was 16 feet 9 1/4 inches and the average length of internodes was 5.94 inches. (Fig. 106.-Kymington hemp, averaging 16 feet 9 1/4 inches in height, an increase of 60 per cent by nine generations of selection. Arlington Experiment Farm, 1923.) Since 1923 the measurements have declined somewhat, due in part to unfavorable soils and seasons, but in all instances the average measurements have been above those of the original plot, and in 1927 they were slightly better than in 1926.
This variety has been grown extensively by Kentucky hempseed growers, some of whom have kept the seed pure.
Chington The Chington (China-Washington) variety has been developed by successive individual selections from the progeny of a single plant in 1913. The seed was received from Hankow, China, through the Office of Foreign Plant Introduction and given the S.P.I. number 35251. It was planted in the testing garden, and unlike most of the numerous introductions of hempseed, it gave promise of value. It averaged 5 feet 11 inches in height, and the best single plant from which seed was saved was 10 feet 6 inches tall. Seed from this best plant was sown at the Arlington farm in 1914, and the annual selection has been continued. This strain also reached its greatest development in 1923, when it averaged 16 feet 8 inches in height with internodes averaging 6 1/2 inches. A few plants attained a height of 20 feet. Since 1923 the measurements have declined a little, though remaining always above those of the mother plant of 1913 and the average of the initial plot of 1914. With the slight reduction there is greater uniformity.
The Chington variety has been grown extensively by hempseed growres in Kentucky, and in some instances efforts have been made to keep it pure. Large fields of fiber hemp sown with pure Chington seed are remarkably uniform and give good yields of excellent uniform fiber.
Ferramington The Ferramington variety has been developed by successive selection from the progeny of a cross made in 1916. In that year a row of Ferrara, the best hemp of northern Italy, was grown in the plot of Kymington, and all of the Ferrara staminate plants were removed before thy shed any pollen. (Fig. 107.-Origin of Ferramington hemp. Row of Italian Ferrara pistillate or seed-bearing plants in plot of Kymington. Arlington Experiment Farm, 1916.) Seed from the best Ferrara plants was saved, and this has been grown and selected at the experiment station at Madison, Wis. The cross was made for the prupose fo combining the earliness and smaller diameter of stalks of the Italian hemp with the greater height and longer internodes of Kymington. This result has been achieved after many years of selection to eliminate diverse types from the progeny of the cross. This Ferramington has been tried in Wisconsin, where it gave a very good crop nearly two weeks earlier than the main hemp harvest. It has also been tried near Bologna, Italy, where it produced fiber fully equal in quality to that of the Ferrara hemp grown in the same field, and about 1 foot longer.
Arlington The Arlington variety is being developed by successive selection of individual plants from the progeny of a cross made in 1919 between Kymington as a pistillate parent and Chington as the staminate parent. It shows increased vigor both in growth and in production of seed, and the stalks are slender and more elastic than those of any of the other varieties. It is a little earlier than either of the parent varieties, both of which are later than most of the hemp from unselected Kentucky seed.
Lyster H. Dewey.
WHAT'S NEW IN AGRICULTUREpages 91-94. ABACA Fiber Cleaning Machine Saves Work and Does Better Job. For more than a century the entire world supply of abaca or "manila hemp" fiber has been cleaned by a slow, laborious, and wasteful hand-stripping process. With the crude handmade implement that is used for this work (fig. 1.-Stripping abaca fiber by hand in the Philippine Islands. A ribbon or "tuxie" is pulled under a finely serrated knife, scraping away the pulp.) a man will ordinarily cleans from 20 to 25 pounds of fiber in a day, and it is estimated that the average abaca "stripper" cleans less than 2 tons of fiber as a year's work. The labor of more than 75,000 men has been required to do the work that can now be done with 350 machines.
The disadvantages of cleaning abaca fiber by this antiquated method have not been limited to the unnecessary waste of labor. In the hand-stripping process there is loss of fiber both in the preliminary work of preparing the fiber ribbons and in the subsequent work of drawing these ribbons under the stripping knife, resulting in a total loss of about one-half the fiber in the stalk. As many different kinds of stripping knives are used, there has been no uniformity in the product, and it has been found necessary to establish more than 20 different commercial grades of abaca fiber. Large quantities of inferior fiber are produced by the hand-stripping process, and the annual production of "damaged" fiber, which is fiber of such poor quality that it can not be included in any of the recognized commercial grades, has amounted to nearly 25,000,000 pounds.
United States Consumption 150,000,000 Pounds Abaca fiber is used principally for the manufacture of manila rope, and about 150,000,000 pounds of this fiber are consumed annually in the United States. The high production costs of abaca fiber, which are due largely to inefficient methods of cleaning, are reflected in the prices both of abaca fiber and of manila rope. During the five-year period from 1922 to 1926 there was a decrease of more than 6,000 tons in the annual imports of abaca fiber into the United States, while our annual bill for abaca increased during this same period nearly $9,000,000.
It has long been recognized that, with increasing labor costs and growing competition from other cordage fibers, the hand-stripping method of cleaning abaca must eventually be replaced with a machine-cleaning process. During a period of at least 50 years repeated attempts have been made to perfect a machine for cleaning abaca. Machines of many different types have been constructed, only to be subsequently abandoned. The machine inventors, in most instances, have atttempted to construct a small machine that could be moved from place to place in the abaca fields and to devise a cleaning process that would be only a modified form of hand stripping. It now appears probable that large, permanently installed machines will be used for cleaning abaca fiber and that the stripping will be replaced by a beating process similar to that used for cleaning sisal fiber.
During the early part of 1924 the United States Department of Agriculture conducted experiments in the Province of Cebu, in the Philippine Islands, to determine if abaca can be cleaned with the same machines that are used for cleaning sisal fiber. Twenty abaca stalks were brought from a plantation in the interior of the island to the coast town of Sibonga, where a sisal machine was located, and these stalks were cleaned with this machine. The fiber obtained in this first test was of inferior quality, but it was demonstrated that the machine would clean abaca. The results obtained indicated that with certain changes in adjustment it would be possible to clean a satisfactory quality of fiber with this machine.
Tests Made in Mactan Island The data obtained in this experiment were furnished the agents for the machine, who made arrangements for conducting a more comprehensive series of tests with another machine of the same type that was located on the island of Mactan. One thousand stalks of abaca were brougt to this island from several different Provinces, and a series of experimental cleaning tests were made. Careful records were kept of this work, and the machine-cleaned fiber was sent to a cordage mill in the United States for mill tests. The results obtained in these experiments were so promising that early in 1925 this machine was moved to the Province of Davao, in the island of Mindanao, where it was installed on an abaca plantation. The experimental work was continued at this place until it had been fully demonstrated that this machine could be economically operated in a commercial way on an abaca plantation. During 1926 one of the largest abaca plantation companies in the Philippine Islands purchased and installed on its plantation one of these machines, which has since been in regular operation. (Fig. 2.-Mill for cleaning abaca. The fiber-cleaning machine is mounted on the second floor to facilitate the removal of the bagasse, which comprises more than 95 per cent of the raw material.)
While this work has been in progress in the Philippine Islands, a plantation company in Sumatra has developed another abaca-cleaning machine. The Sumatra machines are of the same general type as those that are being used in the Philiippines, and machine-cleaned abaca of good quality is now being produced in commercial quantities both in the Philippine Islands and in Sumatra.
Advantages of Machine Method The more important advantages in the use of these large machines for cleaning abaca fiber are the reduction in the labor required, the increase in the quantity of fiber obtained from a given quantity of raw material, and the production of a fiber of uniform quality. The use of large, automatic machines for cleaning abaca fiber will entirely eliminate the preliminary work of preparing the fiber ribbons which requires as much labor as the actual work of stripping; it will eliminate at least 50 per cent of the waste of fiber; and it will greatly simplify the present complicated system of grading abaca fiber.
The pioneer work with abaca-cleaning machines has been done, but there still remains a number of problems to be solved. Improvements can undoubtedly be made in the machine itself, and the methods of drying and brushing the fiber are yet to be perfected. The change from the old hand-cleaning methods to the new system of machine cleaning will require an almost complete reorganization of the abaca industry. This will be a difficult work and one that can not be accomplished in a short period of time. It is a change that must be made, however, if the Philippine Islands are to compete successfully with other countries in the production of abaca fiber.
H.T. Edwards.
page 1125.FOREIGN TRADE IN AGRICULTURAL PRODUCTS Manila fiber imported into the United States: Total; 1924-98,000tons, 1925-73,000tons, 1926-62,000tons, 1927-61,000tons. Being about 98% from Philippine Islands, and 2% from other countries.
Sisal and henequen fibers imported into the United States: Total; 1924-97,000tons, 1925-146,000tons, 1926-126,000tons, 1927-116,000tons. Being about 70% from Mexico, 17% from Dutch East Indies, and 13% from other countries.
extracted from:BOTANY (An Introduction to Plant Science).Wilfred W. Robbins, T. Elliot Weierc. 1950page 151. The leaves of a few plants yield commercial quantities of textile fiber; among such are Manila hemp, sisal, Mauritius hemp, and New Zealand hemp. Important dyestuffs, such as indigo, chlorophyll, henna, and woad, are secured from leaves.
extracted from:Our Living World (A Source of Biological Nature Study)Eliot Rowland Downingc. 1924page 245. The Indian Hemp is closely related to the dogbane. It is a sturdy, upright, branching plant, one to two feet tall. The leaves are opposite, twice the size of those of the dogbane. It yields a strong fiber that the aboriginies used to make string.
page 275. Wild hemp, quite different fro the Indian hemp previously described, is a rough, branching plant, three to ten feet tall, with both opposite and alternate leaves, which appear palmately compound, the cutting is so deep. There are five to eleven lobes springing from a common point and each lobe is narrow and coarsely toothed. The flower are in elongate axillary clusters and the fruits look like spikes of grain or grass seed.
extracted from:The Shell Country Book; by Geoffrey Grigson, c. 1962page 232 Hemp Agrimony, among perennials, is not an unpleasant plant for a herbaceous border (particularly in districts where it is not too abundantly familiar along the roads): its pinkish flowers attract Red Admirals, Tortoiseshells, Peacocks, Tiger Moths, etc.
extracted from the C.A.R.L. on-line encyclopedia TITLE: hemp
Hemp is a tall, annual plant, Cannabis sativa, cultivated for
its fibers and seed oil, and for the drug products MARIJUANA and
hashish.
Native to Asia, the plant is now widely cultivated for its
fiber in the USSR, Yugoslavia, and Italy, and for its drug products
principally in the Middle East, India, Mexico, and North Africa.
The strong, flat bast fibers of the hemp plant range in length from
1 to 2.5 m (3 to 8 ft). The fibers are removed from the stem by a
process similar to that used for FLAX. Because hemp fibers are less
elastic and more difficult to bleach than flax, they are used only
in rough fabrics such as sacking. Because they resist water better
than any other natural vegetable fiber, hemp fibers were once
extensively used for ropes, hammocks, and cables. Today, synthetic
fibers have largely replaced hemp for cordage.
The drug hashish is made from resin extracted from the female
flowers of the hemp plant. Marijuana is made from the dried,
chopped flowers, leaves, and stems. Both drugs are considered
narcotics in the United States, and, as a control measure,
legislation prohibits the possession of the hemp plant or its
products (except for hempseed and hemp oil).
The name hemp also refers to the plants abaca (Manila hemp),
sisal, and sunn, all of which have similar fibers. Abaca is the
strongest; its outer fibers are used for cordage, and its fine
inner fibers for hats, hammocks, and curtain fabrics. Sisal, second
in strength, is used for cordage, summer rugs, and brushes. Sunn,
the least strong, is made into stout twine, rope, rug yarns, and
coarse cloth. It is also used in papermaking.
ISABEL B. WINGATE
TITLE: marijuana
Marijuana (also spelled marihuana) is the common name given to
any DRUG preparation from the hemp plant, Cannabis sativa.
Various forms of this drug are known by different names
throughout the world, such as kif in Morocco, dagga in South
Africa, and ganja in India. Hashish refers to a dried, resinous
substance that exudes from the flowering tops of the plant. In
Western culture, cannabis preparations have acquired a variety of
slang names, including grass, pot, tea, reefer, weed, and Mary
Jane. Cannabis has been smoked, eaten in cakes, and drunk in
beverages. In Western cultures marijuana is prepared most often as
a tobaccolike mixture that is smoked in a pipe or rolled into a
cigarette.
One of the oldest known drugs, cannabis was acknowledged as
early as 2700 B.C. in a Chinese manuscript. Throughout the
centuries it has been used both medicinally and as an intoxicant.
The major psychoactive component of this drug, however, was not
identified until the mid-1960s; this ingredient is
tetrahydrocannabinol, commonly known as THC. At present, other
cannabiniods have been isolated and their possible biochemical
activities are being explored. Psychoactive compounds are found in
all parts of the male and female plant, with the greatest
concentration in the flowering tops. The content of these active
compounds varies greatly from plant to plant, depending on genetic
and environmental factors.
Marijuana has its major physiological effects on the
cardiovascular and central nervous systems; these effects are
primarily sedative and hallucinogenic. Low doses psychologically
produce a sense of well-being, relaxation, and sleepiness. Higher
doses cause mild sensory distortions, altered time sense, loss of
short-term memory, loss of balance, and difficulty in completing
thought processes. Even higher doses can result in psychosis, along
with hallucinations, loss of insight, delusions, and paranoia.
Physiologically, the heart rate increases and blood vessels of the
eye dilate, causing reddening. Also, a feeling of tightness in the
chest may occur, as well as a lack of muscular coordination.
Tolerance to some effects of marijuana occurs in animals; there is
some clinical evidence that tolerance develops in humans. Studies
have not determined whether physical dependence results.
Medical use for cannabis preparations is being tried for the
treatment of the eye disease glaucoma. Another possible use of
marijuana is to prevent the nausea and vomiting that accompanies
cancer chemotherapy.
The use of marijuana as an intoxicant in the United States
became a problem of public concern in the 1930s. Regulatory laws
were passed in 1937, and criminal penalties were instituted for
possession and sale of the botanical drug. In 1968 the possession
and sale of THC, the psychoactive chemical component, was
restricted to research. In the 1970s marijuana use became
widespread. A survey in 1979 found that 43 million Americans have
tried marijuana, and that 16 million are current users. Penalties
decreased and possible legalization of marijuana as a recreational
drug was under consideration.
CHARLES W. GORODETZKY
Bibliography: Abel, Ernest L., comp., The Scientific Study of
Marihuana (1975); Bloomquist, Edward R., Marijuana (1968); Bonnie,
Richard J., and Whitehead, Charles H., The Marihuana Conviction
(1974); Grinspoon, Lester, Marihuana Reconsidered, 2d ed. (1977);
Kaplan, John, Marihuana (1970); Merlin, Mark D., Man and Marihuana
(1972); Snyder, Solomon H., Uses of Marihuana (1971); Tart, Charles
T., On Being Stoned (1971); Waller, Coy W., et al., Marihuana
(1976).
TITLE: manila
ECONOMIC ACTIVITY
...Commercial crops, led by coconuts and sugarcane, include
bananas, pineapples, abaca (Manila hemp), tobacco, coffee, and
cotton....In 1942, during World War II, the Japanese took Manila.
When it was recaptured by U.S. forces in 1945 it suffered heavy
damage....
extracted from: ENCYCLOPEDCIA OF THE GREAT QUOTATIONS A unique
anthology, devoted to the nature of man and dedicated to
"the illimitable freedom of the human mind." compiled by George
Seldes "...a collection of man's best thinking..." c.1960
William Randolph Hearst (1863-1951) American newspaper publisher
"Please realize that the first duty of newspaper men is to get
the news and PRINT THE NEWS." Requoted in Editor & Publisher,
August 12, 1944.
"You furnish the pictures and I'll furnish the war." Cable to
Frederic Remington, artist, in Cuba, 1898.
"We hold that the greatest right in the world is the right to
be wrong, that in the exercise thereof people have an inviolable
right to express their unbridled thoughts on all topics and
personalities, being liable only for the abuse of that right."
Platform, Independence League; N.Y. Journal, February 1, 1924.
"We hold that no person or set of persons can properly
establish a standard of expression for others." Ibid.
"What has become of the descendants of the irresponsible
adventurers, the scapegrace sons, the bond servants, the
redemptionists and the indentured maidens, the undesirables, and
even the criminals, which made up -not all, of course, but
nevertheless a considerable part of- the earliest emigrants to
these virgin countries?
They have become the leaders of the thought of the world, the
vanguard in the march of progress, the inspirers of liberty, the
creators of national prosperity, the sponsors of universal
education and enlightenment." Communication to the American Crime
Study Commission, May 19, 1929.
"The NARROW-MINDED BIGOTS have given to this country and to
the world freedom of speech, freedom of thought and action and
redigious liberty." Ibid.
"Any man who has the brains to think and the nerve to act for
the benefit of the people of the country is considered a radical by
those who are content with stagnation and willing to endure
disaster." Interview, Cleveland Plain Dealer, October 24, 1932.
"A politician will do anything to keep his job- even become a
patriot." Editorial, August 28, 1933.
"SEVENTH, the text of a newspaper must tell the news. The
headlines must tell the news. The pictures must tell the news. The
subheads and subtitles must tell the news. Please see that the
newspapers perform this function." Instructions to E. D. Coblentz,
March 1, 1938.
"When free discussion is denied, hardening of the arteries of
democracy has set in, free institutions are but a lifeless form,
and the death of the republic is at hand." 'In the News,' June 13,
1941.
"Whatever is right can be achieved through the irresistible
power of awakened and informed public opinion. Our object,
therefore, is not to enquire whether a thing can be done, but
whether it ought to be done, to so exert the forces of publicity
that public opinion will compel it to be done." Advertisement, N.Y.
Herald Tribune, August 19, 1946.
"According to American principle and practice the public is
the ruler of the State, and in order to rule rightly it should be
informed correctly." N.Y. Journal-American, November 11, 1954.
Hearst published a daily quotation on his editorial pages;
after his death a daily quotation from his writings was published.
W.R.Hearst died owning over 20 newspapers with which he greatly
influenced the vast public of early days to outlaw marijuana using
bigotry and views of racism to protect his newspaper monopoly in
fear of the growing threat that hemp would one day replace trees as
a source of paper, thus, the Marijuana Tax Act was passed after its
congressional introduction by his accomplices who held seats at the
head of our nation.
Aldous Huxley (1894-1963) English writer "The vast majority of
human beings dislike and even actually dread all notions with which
they are not familiar....Hence it comes about that at their first
appearance innovators have generally been persecuted, and always
derided as fools and madmen." Proper Studies.
"That all men are equal is a proposition to which, at ordinary
times, no sane individual has ever given his assent." Ibid.
"Facts do not cease to exist because they are ignored." Ibid.
Success -"the bitch-goddess, Success" in William James's
phrase- demands strange sacrifices from those who worship her."
Ibid.
"Facts are ventriloquists' dummies. Sitting on a wise man's
knee they may be made to utter words of wisdom; elsewhere, they say
nothing, or talk nonsense, or indulge in sheer diabolism." Mr.
Huxley "can't remember the source of this quotation."
"If we must play the theological game, let us never forget
that it is a game. Religion, it seems to me, can survive only as a
consciously accepted system of make-believe." Ibid.
"Luckily the majority of nominal Christians has at no time
taken the Christian ideal very seriously; if it had, the races and
the civilization of the West would long ago have come to an end."
Cardiff, What Great Men Think of Religion.
"You can produce plenty of goods without much freedom, but the
whole creative life of man is ultimately impossible without a
considerable measure of individual freedom, of initiative, or
creativity." Mike Wallace Interview, Fund for the Republic,
November 4, 1958.
Abraham Lincoln "Prohibition...boes beyond the bounds of reason in
that it attempts to control a man's appetite by legislation and
makes a crime out of things that are not crimes." "A prohibition
law strikes a blow at the very principles upon which our government
was founded." December, 1840.
OPERATION FLOWER BOX Thanks to Ed Rosenthal of High Times magazine
for this strategy. Since the police are so interested in
finding pot, we should make it easy for them to do just that. Every
spare seed in every stash should be planted. Here are some
POTential planting areas:
* That flower box or garden in front of government buildings.
Police stations are especially ideal.
* Public parks. Plant seeds in areas with shrubs or in the
forest near streams or fountains.
* Plant along railroad right-of-ways.
* Going along a country road? Throw out a handful of seeds. If
ounly one grows...
* Plant along hiking trails. Going hiking? Play Johnny
Potseed.
* See an empty lot? Wouldn't it look better with some annuals?
* How about that cop's front yard?
* Going to school? Wouldn't the campus look better if it was
covered with pot? Since Sinse is the school flower, it's only
right!
* Going flying or gliding? What better way to spread the seed?
* What a nice, unused construction site! Marijuana colonizes
rapidly in disturbed ground.
Like Hydra, the mythological serpent -every time its head was
chopped off, two more grew in its place. Let's make the
prohibitionists paranoid...everywhere they look, they'll discover
marijuana. And if the lawmakers continue to pass more severe laws
against growing pot, then it would only be just for someone to
plant pot on THEIR property and then turn them in (anonymously, as
befits a police state) and let them get a taste of their own
medicine.
For more information, contact: Rocky Mountain HEMP, POB 150804,
Lakewood, CO. 80215.
To get FREE information about how hemp can save the world, use a
touch tone phone and call 303/470-1100 Hemp Information Hotline.
extracted from the C.A.R.L. on-line encyclopediaTITLE: hemp
Hemp is a tall, annual plant, Cannabis sativa, cultivated for its fibers and seed oil, and for the drug products MARIJUANA and hashish.
Native to Asia, the plant is now widely cultivated for its fiber in the USSR, Yugoslavia, and Italy, and for its drug products principally in the Middle East, India, Mexico, and North Africa. The strong, flat bast fibers of the hemp plant range in length from 1 to 2.5 m (3 to 8 ft). The fibers are removed from the stem by a process similar to that used for FLAX. Because hemp fibers are less elastic and more difficult to bleach than flax, they are used only in rough fabrics such as sacking. Because they resist water better than any other natural vegetable fiber, hemp fibers were once extensively used for ropes, hammocks, and cables. Today, synthetic fibers have largely replaced hemp for cordage.
The drug hashish is made from resin extracted from the female flowers of the hemp plant. Marijuana is made from the dried, chopped flowers, leaves, and stems. Both drugs are considered narcotics in the United States, and, as a control measure, legislation prohibits the possession of the hemp plant or its products (except for hempseed and hemp oil).
The name hemp also refers to the plants abaca (Manila hemp), sisal, and sunn, all of which have similar fibers. Abaca is the strongest; its outer fibers are used for cordage, and its fine inner fibers for hats, hammocks, and curtain fabrics. Sisal, second in strength, is used for cordage, summer rugs, and brushes. Sunn, the least strong, is made into stout twine, rope, rug yarns, and coarse cloth. It is also used in papermaking.
ISABEL B. WINGATE
TITLE: marijuana
Marijuana (also spelled marihuana) is the common name given to any DRUG preparation from the hemp plant, Cannabis sativa.
Various forms of this drug are known by different names throughout the world, such as kif in Morocco, dagga in South Africa, and ganja in India. Hashish refers to a dried, resinous substance that exudes from the flowering tops of the plant. In Western culture, cannabis preparations have acquired a variety of slang names, including grass, pot, tea, reefer, weed, and Mary Jane. Cannabis has been smoked, eaten in cakes, and drunk in beverages. In Western cultures marijuana is prepared most often as a tobaccolike mixture that is smoked in a pipe or rolled into a cigarette.
One of the oldest known drugs, cannabis was acknowledged as early as 2700 B.C. in a Chinese manuscript. Throughout the centuries it has been used both medicinally and as an intoxicant. The major psychoactive component of this drug, however, was not identified until the mid-1960s; this ingredient is tetrahydrocannabinol, commonly known as THC. At present, other cannabiniods have been isolated and their possible biochemical activities are being explored. Psychoactive compounds are found in all parts of the male and female plant, with the greatest concentration in the flowering tops. The content of these active compounds varies greatly from plant to plant, depending on genetic and environmental factors.
Marijuana has its major physiological effects on the cardiovascular and central nervous systems; these effects are primarily sedative and hallucinogenic. Low doses psychologically produce a sense of well-being, relaxation, and sleepiness. Higher doses cause mild sensory distortions, altered time sense, loss of short-term memory, loss of balance, and difficulty in completing thought processes. Even higher doses can result in psychosis, along with hallucinations, loss of insight, delusions, and paranoia. Physiologically, the heart rate increases and blood vessels of the eye dilate, causing reddening. Also, a feeling of tightness in the chest may occur, as well as a lack of muscular coordination. Tolerance to some effects of marijuana occurs in animals; there is some clinical evidence that tolerance develops in humans. Studies have not determined whether physical dependence results.
Medical use for cannabis preparations is being tried for the treatment of the eye disease glaucoma. Another possible use of marijuana is to prevent the nausea and vomiting that accompanies cancer chemotherapy.
The use of marijuana as an intoxicant in the United States became a problem of public concern in the 1930s. Regulatory laws were passed in 1937, and criminal penalties were instituted for possession and sale of the botanical drug. In 1968 the possession and sale of THC, the psychoactive chemical component, was restricted to research. In the 1970s marijuana use became widespread. A survey in 1979 found that 43 million Americans have tried marijuana, and that 16 million are current users. Penalties decreased and possible legalization of marijuana as a recreational drug was under consideration.
CHARLES W. GORODETZKY
Bibliography: Abel, Ernest L., comp., The Scientific Study of Marihuana (1975); Bloomquist, Edward R., Marijuana (1968); Bonnie, Richard J., and Whitehead, Charles H., The Marihuana Conviction (1974); Grinspoon, Lester, Marihuana Reconsidered, 2d ed. (1977); Kaplan, John, Marihuana (1970); Merlin, Mark D., Man and Marihuana (1972); Snyder, Solomon H., Uses of Marihuana (1971); Tart, Charles T., On Being Stoned (1971); Waller, Coy W., et al., Marihuana (1976).
TITLE: manila
ECONOMIC ACTIVITY
...Commercial crops, led by coconuts and sugarcane, include bananas, pineapples, abaca (Manila hemp), tobacco, coffee, and cotton....In 1942, during World War II, the Japanese took Manila. When it was recaptured by U.S. forces in 1945 it suffered heavy damage....
extracted from: ENCYCLOPEDCIA OF THE GREAT QUOTATIONSA unique anthology, devoted to the nature of man and dedicated to "the illimitable freedom of the human mind."compiled by George Seldes"...a collection of man's best thinking..."c.1960
William Randolph Hearst(1863-1951)American newspaper publisher "Please realize that the first duty of newspaper men is to get the news and PRINT THE NEWS." Requoted in Editor & Publisher, August 12, 1944.
"You furnish the pictures and I'll furnish the war." Cable to Frederic Remington, artist, in Cuba, 1898.
"We hold that the greatest right in the world is the right to be wrong, that in the exercise thereof people have an inviolable right to express their unbridled thoughts on all topics and personalities, being liable only for the abuse of that right." Platform, Independence League; N.Y. Journal, February 1, 1924.
"We hold that no person or set of persons can properly establish a standard of expression for others." Ibid.
"What has become of the descendants of the irresponsible adventurers, the scapegrace sons, the bond servants, the redemptionists and the indentured maidens, the undesirables, and even the criminals, which made up -not all, of course, but nevertheless a considerable part of- the earliest emigrants to these virgin countries?
They have become the leaders of the thought of the world, the vanguard in the march of progress, the inspirers of liberty, the creators of national prosperity, the sponsors of universal education and enlightenment." Communication to the American Crime Study Commission, May 19, 1929.
"The NARROW-MINDED BIGOTS have given to this country and to the world freedom of speech, freedom of thought and action and redigious liberty." Ibid.
"Any man who has the brains to think and the nerve to act for the benefit of the people of the country is considered a radical by those who are content with stagnation and willing to endure disaster." Interview, Cleveland Plain Dealer, October 24, 1932.
"A politician will do anything to keep his job- even become a patriot." Editorial, August 28, 1933.
"SEVENTH, the text of a newspaper must tell the news. The headlines must tell the news. The pictures must tell the news. The subheads and subtitles must tell the news. Please see that the newspapers perform this function." Instructions to E. D. Coblentz, March 1, 1938.
"When free discussion is denied, hardening of the arteries of democracy has set in, free institutions are but a lifeless form, and the death of the republic is at hand." 'In the News,' June 13, 1941.
"Whatever is right can be achieved through the irresistible power of awakened and informed public opinion. Our object, therefore, is not to enquire whether a thing can be done, but whether it ought to be done, to so exert the forces of publicity that public opinion will compel it to be done." Advertisement, N.Y. Herald Tribune, August 19, 1946.
"According to American principle and practice the public is the ruler of the State, and in order to rule rightly it should be informed correctly." N.Y. Journal-American, November 11, 1954.
Hearst published a daily quotation on his editorial pages; after his death a daily quotation from his writings was published. W.R.Hearst died owning over 20 newspapers with which he greatly influenced the vast public of early days to outlaw marijuana using bigotry and views of racism to protect his newspaper monopoly in fear of the growing threat that hemp would one day replace trees as a source of paper, thus, the Marijuana Tax Act was passed after its congressional introduction by his accomplices who held seats at the head of our nation.
Aldous Huxley(1894-1963)English writer "The vast majority of human beings dislike and even actually dread all notions with which they are not familiar....Hence it comes about that at their first appearance innovators have generally been persecuted, and always derided as fools and madmen." Proper Studies.
"That all men are equal is a proposition to which, at ordinary times, no sane individual has ever given his assent." Ibid.
"Facts do not cease to exist because they are ignored." Ibid.
Success -"the bitch-goddess, Success" in William James's phrase- demands strange sacrifices from those who worship her." Ibid.
"Facts are ventriloquists' dummies. Sitting on a wise man's knee they may be made to utter words of wisdom; elsewhere, they say nothing, or talk nonsense, or indulge in sheer diabolism." Mr. Huxley "can't remember the source of this quotation."
"If we must play the theological game, let us never forget that it is a game. Religion, it seems to me, can survive only as a consciously accepted system of make-believe." Ibid.
"Luckily the majority of nominal Christians has at no time taken the Christian ideal very seriously; if it had, the races and the civilization of the West would long ago have come to an end." Cardiff, What Great Men Think of Religion.
"You can produce plenty of goods without much freedom, but the whole creative life of man is ultimately impossible without a considerable measure of individual freedom, of initiative, or creativity." Mike Wallace Interview, Fund for the Republic, November 4, 1958.
Abraham Lincoln"Prohibition...boes beyond the bounds of reason in that it attempts to control a man's appetite by legislation and makes a crime out of things that are not crimes." "A prohibition law strikes a blow at the very principles upon which our government was founded." December, 1840.
OPERATION FLOWER BOXThanks to Ed Rosenthal of High Times magazine for this strategy. Since the police are so interested in finding pot, we should make it easy for them to do just that. Every spare seed in every stash should be planted. Here are some POTential planting areas:
* That flower box or garden in front of government buildings. Police stations are especially ideal.
* Public parks. Plant seeds in areas with shrubs or in the forest near streams or fountains.
* Plant along railroad right-of-ways.
* Going along a country road? Throw out a handful of seeds. If ounly one grows...
* Plant along hiking trails. Going hiking? Play Johnny Potseed.
* See an empty lot? Wouldn't it look better with some annuals?
* How about that cop's front yard?
* Going to school? Wouldn't the campus look better if it was covered with pot? Since Sinse is the school flower, it's only right!
* Going flying or gliding? What better way to spread the seed?
* What a nice, unused construction site! Marijuana colonizes rapidly in disturbed ground.
Like Hydra, the mythological serpent -every time its head was chopped off, two more grew in its place. Let's make the prohibitionists paranoid...everywhere they look, they'll discover marijuana. And if the lawmakers continue to pass more severe laws against growing pot, then it would only be just for someone to plant pot on THEIR property and then turn them in (anonymously, as befits a police state) and let them get a taste of their own medicine.
For more information, contact: Rocky Mountain HEMP, POB 150804, Lakewood, CO. 80215.