PRESS RELEASE - 6th DECEMBER, 2003

Edition 23.

Cannabis News Items From Around the World

NEW LAWS CLEAR WAY TO W.A. FIELDS OF HEMP

NEW laws introduced in the Legislative Assembly yesterday will clear the way for people in WA to grow and process industrial hemp.

But strict licensing and controls will prevent flourishing fields of hemp being used as a cover for illegal cannabis crops, according to Agriculture minister Kim Chance.

The long-awaited legislation allows for the development of a commercial hemp industry in WA. Hemp is now allowed to be grown only on trial plots under strict rules.

The legislation will let farmers cultivate commercial crops of industrial hemp, which contains less than 0.35 per cent of tetrahydrocannabinol and has no effect as a drug.

People will be able to grow hemp only when licensed, which will involve a series of tests and police checks.

Growing industrial hemp without a licence will carry a $10,000 penalty. Breaching licence conditions can attract a $5000 fine and the possible loss of licence. Penalties under the Misuse of Drugs Act could also apply.

Police and specially appointed inspectors will be able to enter and inspect properties, examine seed, plants or crops and remove them for testing.

Mr Chance said substantial market opportunities existed for industrial hemp and WA farmers wanted the chance to become involved.

It was estimated the United States market for natural, fibre and plastic composites would exceed $1.4 billion a year by 2005. Other uses included biodegradable plastics, fibreboards, non-woven geotextiles for use in soil stabilisation, reseeding and erosion control and woven textils which could
be blended with other natural materials such as cotton and wool.

The chief executive of Malaga-based hemp importer Hemp Resources, Kim Hough, welcomed the legislation, which he has spent several years seeking.

He said it would let his company get hemp seed oil and fabric from local producers.

Mr Hough's company produces hemp-based cosmetics and clothing.

"Then we will export the value-added products. It's something sensational for WA," he said.

The Liberal and National parties were supportive of the legislation. The hemp trials were started under the previous coalition government, which was drafting legislation for the industry when it lost power.

Davao, Phillipines: Farmer gets life for planting marijuana

Saturday, November 29, 2003
Farmer gets life for planting marijuana
By Raquel C. Bagnol

DAVAO -- A 34-year-old farmer was convicted by the Regional Trial Court (RTC) to a reduced penalty of life imprisonment and was ordered to pay a fine of P500,000 for planting marijuana in his farm in Buhangin, Davao City last May.

Judge Adoracion Avisado of RTC Branch 9 sentenced on Thursday Artfil Melmida of Buhangin, Davao City, after the court found him guilty of planting the marijuana in his farm at the boundary of Barangays Acacia and Tigatto, Buhangin.

At least 298.5 grams of marijuana plants were uprooted from Melmida's farm.

Melmida availed of the lower penalty when he pleaded guilty to the charges of violation of RA 9165 (Comprehensive Dangerous Drugs Act of 2002), escaping the supreme penalty of death.

The prosecution panel, headed by government prosecutor Serafica Weis, did not oppose the plea, prompting Avisado to rule for the lower sentence.

Court records show that on May 18, an informant tipped Tigatto barangay chief Reynante Gumahin that Melmida was cultivating marijuana plants in his farm.

Gumahin and some barangay officials visited the area and found the reports to be true.

At around 1 a.m. the following day, Gumahin returned to the area with police authorities, leading to Melmida's arrest. Melmida had admitted cultivating the marijuana plants. (Sun.Star Davao)

Dutch withstand pressure from Sweden and France over policy.

28 November 2003

BRUSSELS: European Union justice ministers have agreed to tougher anti-drug laws, but the Netherlands says its controversial "coffee" shops where cannabis is openly sold and smoked will survive.

After more than two years of negotiations and a long-running dispute between the Netherlands and Sweden and France, the EU ministers provisionally backed harmonising national laws to make the bloc more efficient in the fight against illegal drugs.

The laws cover all types of drug-dealing, ranging from local networks to large-scale international operations.

However, Dutch Justice Minister Piet Hein Donner said his country's policy of allowing the use and sale of cannabis in the strictly controlled coffee shops would remain in place.

Under the agreed rules, offering, selling or producing drugs should be sanctioned with maximum jail terms of at least one to three years. In cases involving large-scale international drug trafficking sanctions should be at least five to 10 years.

Friday's (NZT) agreement was held up because Paris and Stockholm wanted tough jail terms for minor offences, a move opposed by Amsterdam because of its policy of tolerating the use and sale of so-called "soft drugs" such as cannabis.

Sweden also demanded the Netherlands close the coffee shops, where people for over 30 years have been able to buy and smoke cannabis without fearing repercussions from the police.

A compromise was reached after the Netherlands agreed to increase its sanctions for the possession of small quantities to a year from one month. Member states also agreed on a declaration stressing the importance of fighting drug tourism.

Donner said the deal would not affect Dutch rules on coffee shops.

"We have a situation where in certain conditions we will not prosecute and these conditions are kept very strictly," he told Reuters. "This decision does not cover that policy."

Donner said his government was considering rules under which coffee shops would only be allowed to sell soft drugs to Dutch residents to meet its obligation to dissuade tourists from going to Amsterdam for drugs.

Drug use inside the EU has been stabilising after years of rising sharply, according to surveys by the EU's drugs monitoring agency in Lisbon.

According to a report from 2002, about 25-30 percent of adults in Denmark and Britain had used cannabis at least once. Amphetamines, cocaine and ecstasy have been used by one to five percent of people in the countries surveyed.

But in the 10 countries in central and Eastern Europe, joining the EU next May, drug use has been increasing sharply, as they move from being only transit areas for the shipment of drugs to the EU to becoming new lucrative markets.

The EU's executive Commission was asked to evaluate the laws three years after they come into force to ensure they are functioning as intended. The laws enter into force 18 months after being formally approved by ministers.

Ruddock makes it legal to discriminate on basis of drug use.

ATTORNEY-GENERAL

THE HON PHILIP RUDDOCK MP

NEWS RELEASE

3 December 2003 R037/2003

GOVT AMENDS DISCRIMINATION LEGISLATION AS PART OF ‘TOUGH ON DRUGS’ STRATEGY

Legislation introduced into the House of Representatives today will ensure a person’s drug addiction cannot be the sole basis of a claim of unlawful discrimination, Attorney-General Philip Ruddock said today.

An amendment to the Disability Discrimination Act 1992 addressed community concerns expressed when the Federal Court found that addiction to a prohibited drug could be regarded as a disability.

Mr Ruddock said the Government wanted to send a strong signal that addiction to a prohibited drug is not a sufficient basis to gain the benefits of the anti-discrimination regime.

“This measure is consistent with the Government’s ‘Tough on Drugs’ strategy and requires people to take responsibility for their own actions,” Mr Ruddock said.

“People undergoing treatment and receiving services to treat an addiction will continue to be protected from unlawful discrimination.

“This will be interpreted widely to ensure any genuine attempt to address an addiction will be sufficient to maintain protection from discriminatory acts.

“The legislation is about striking an appropriate balance between the rights of individuals to conduct their lives as they see fit, and the rights of others to live, work and associate in a safe, secure environment.”

The Government has committed more than $1 billion to the Tough on Drugs programme. Heroin deaths had dropped from 958 in 1999 to 306 in 2001 thanks to the ‘tough on drugs’ message.

“Education and public awareness are often the most effective mechanisms for social and attitudinal change, but legislation also has a role,” Mr Ruddock said.

Parliament House, Canberra ACT 2600 • Telephone (02) 6277 7300 • Fax (02) 6273 4102

www.law.gov.au/ag

Media Contact: Steve Ingram (02) 6277 7300 0419 278 715

2,500 people killed in Thailand's Drug War offensive .....

PM declares it's over, critics count lives lost. The government yesterday declared victory over drugs but the National Human Rights Commission and civic groups said it was achieved at the cost of many lives. Prime Minister Thaksin Shinawatra said the result of the government's drug crusade was beyond his expectation and he was overwhelmed learning that a drug problem which had snowballed over the decades took less than a year to wipe out.
Mr Thaksin said the country had arrived at a point where the drug problem became manageable and would no longer affect people's everyday life. "It is owing to the synergy of people who became united in their resolve to end the drug problem,'' he said. However, Wasant Panich, a rights commissioner, said the commission had presented its own report to the prime minister which presented a far less rosy picture of the anti-drug campaign.

The commission felt the crackdown since February had been anything but praiseworthy. It had compromised the justice system. "The lists of drug suspects were hastily compiled. The names were put forth at meetings of grassroots-level authorities and those listed could have easily been subject to a witch-hunt,'' he said. Many individuals ended up on the lists despite having given up drugs, said Mr Wasant.

In some cases, jealous neighbours had framed fellow villagers who became rich from doing honest jobs. Those at odds with the police wound up on the lists by force of unsubstantiated accusations. The government had attached importance to the number of arrests, which encouraged police to make scapegoats of the innocent. Evidence was invented to incriminate some people.

Some police reports also did not add up. Police claimed they found drugs on suspects who had just returned from a visit to the district chief. The commission was alarmed by the number of people killed during the crackdown. Police say many of the 2,500 suspects killed were murdered by fellow traffickers or traders to stop them talking.

Mr Wasant said the government had resorted to a blanket approach in seizing assets suspected of having been acquired with drug money. In fact, many assets were inherited or earned through decent means. Suriyasai Katasila, secretary-general of the Campaign for Democracy, said more than 2,500 people were killed but only 800 suspected murderers had been brought to account.

The government faced worldwide condemnation of the campaign perceived to be a gross violation of human rights. The prime minister, however, saw no downside to his campaign and vowed not to let up. "Like our body's immunity, if we're weak, germs will regenerate and return to attack us,'' he said.

http://www.bangkokpost.com/News/03Dec2003_news05.html

USA : After the police knock, you have twenty seconds,
before they break the door in.

Pubdate: Wed, 03 Dec 2003
Source: Los Angeles Times (CA)
Webpage: http://www.latimes.com/news/nationworld/nation/
Copyright: 2003 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: David G. Savage

BEFORE A DRUG RAID, 20-SECOND WAIT IS ADEQUATE, JUSTICES RULE

WASHINGTON - Police officers with a search warrant to look for drugs usually must give residents the courtesy of knocking on the door to announce themselves.

But they need not wait long -- and certainly no longer than 20 seconds -- before breaking down the door and coming inside, the Supreme Court unanimously said Tuesday.

"What matters is the opportunity to get rid of cocaine, which a prudent dealer will keep near a commode or kitchen sink," said Justice David H. Souter. "And 15 to 20 seconds does not seem an unrealistic guess about the time someone would need to get in a position to rid his quarters of cocaine."

The high court's venture into the time it takes to flush drugs down the toilet was prompted by the case of LaShawn Banks of North Las Vegas, vs. Nev.

In 1998, heavily armed police and FBI agents went to his apartment to carry out a search warrant. They knocked on the door and loudly announced their presence.

They waited 15 or 20 seconds and, hearing no response, used a battering ram to break down the door.

A surprised Banks emerged from the shower. Officers found crack cocaine, $6,000 in cash and several weapons.

Banks pleaded guilty to drug crimes and was sentenced to 11 years in prison.

Last year, the U.S. 9th Circuit Court of Appeals ruled the evidence against him should have been thrown out because officers' sudden burst into his apartment violated the 4th Amendment's guarantee against unreasonable searches and seizures.

In a brief opinion in U.S. vs. Banks, the Supreme Court unanimously reversed that ruling and said the officers' conduct was reasonable considering the circumstances.

The court's opinion did not set a rule for all such cases. Had police been searching for a stolen piano, rather than drugs, Souter said, officers should have waited longer.
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Pubdate: Wed, 03 Dec 2003
Source: Seattle Times (WA)
Copyright: 2003 The Seattle Times Company
Contact: opinion@seattletimes.com
Website: http://www.seattletimes.com/
Details: http://www.mapinc.org/media/409
Author: Gina Holland

POLICE CAN BREAK INTO HOME SOON AFTER KNOCKING, COURT SAYS

WASHINGTON -- After knocking, police don't have to wait longer than 20 seconds before breaking into the home of a drug suspect, a unanimous Supreme Court ruled yesterday in a case involving a man who said he needed more time to get from the shower to the door.

LaShawn Banks emerged soapy and naked to find masked, heavily armed officers searching for drugs in his Las Vegas apartment in 1998. His case gave the court its first opportunity to say how long police must wait before breaking into a home to serve a warrant.

The court didn't set a specific standard but said the brief delay in the Banks case was long enough. More time would give drug suspects an opportunity to flush evidence down the toilet.

Justice David Souter, writing for the nine justices, said that although "this call is a close one, we think that after 15 or 20 seconds without a response, police could fairly suspect that cocaine would be gone if they were reticent any longer."

He noted the unfortunate timing of the afternoon raid, which brought Banks "out dripping to confront the police." But police didn't know Banks was in the shower, Souter said.

Banks' lawyer, Randall Roske, criticized the ruling, saying it will lead to aggressive searches.

"Police are going to read this as, 'Knock and announce and kick the door in,' " he said.

The Supreme Court has said that in most cases, police armed with court warrants to search for drugs must knock and announce themselves; otherwise, they run afoul of the Constitution's Fourth Amendment ban on unreasonable searches. There are exceptions, such as when police have reason to believe a suspect would be dangerous.

Although yesterday's ruling did not spell out exactly how long is a reasonable time to wait before executing warrants for drugs or other contraband, it's likely many officers in drug cases will follow Souter's reasoning and think waiting 15 to 20 seconds is appropriate.

"This gives officers the leeway they were taking throughout the country," said Stephen Saltzburg, a law professor at George Washington University. "This is a case that suggests great deference to the police."

Officers knocked and announced themselves at Banks' apartment, then waited 15 to 20 seconds before using a battering ram to break down the door.

They forced Banks to the floor and handcuffed him, then allowed him to put on underwear, court records show.

The North Las Vegas police and federal officers found crack cocaine and three guns during the raid. Banks served four years of an 11-year prison sentence before his conviction was overturned.

Banks, 26, was at work yesterday and not available for comment. His attorney said Banks would be returning to prison.

Souter said that because police believed there were drugs inside Banks' home, officers had more reason to rush in.

"Police seeking a stolen piano may be able to spend more time to make sure they really need the battering ram," Souter wrote.

Generally, courts have considered whether police moved too hastily "case by case, largely avoiding categories and protocols for searches," Souter said. He noted that some courts have found delays shorter than 15 seconds to be reasonable.

Justices reversed the 9th U.S. Circuit Court of Appeals ruling in Banks' favor. Souter said the appeals court was wrong to set up a multipart method for reviewing knock-and-announce cases.

The Supreme Court ruled in 1995 that no-knock entries usually are unlawful.

Two years later, justices gave an exception to officers executing drug warrants who can show they had reason to believe a suspect would be dangerous or destroy evidence.

"I think this is going to be their last word for a while," said Mark Dobson, a professor at the Nova Southeastern University Law Center in Fort Lauderdale, Fla.

THAT'S ALL FOR NOW FOLKS!