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Bill Would Outlaw Internet Drug Information
Critics Say Measure Violates Free-Speech Rights
Dec. 20, 1999
By David Noack
WASHINGTON (APBnews.com) -- The days of ordering bongs and pipes and other drug paraphernalia online, getting information on the medical uses of marijuana or instructions on growing hemp may go up in smoke if lawmakers have their way.
A bill passed by the Senate in November seeks to make it illegal to provide any information online about marijuana. The measure also would increase penalties for drugs classified as methamphetamines, which go by street names such as "speed," "meth," "crank," "crystal-meth" and "glass."
Free-speech advocates say the proposed law banning marijuana
information violates the First Amendment.
In addition, the legislation also says Internet service providers (ISPs) will be held liable for not removing a site featuring marijuana information if notified by top federal law enforcement officials and that "appropriate" federal government Web sites will have to display anti-drug messages.
Bill headed to House committee
NORML, the National Organization to Reform Marijuana Laws,
the measure, originally titled Senate Bill No. S.1428, was passed in the waning hours of the last session of Congress and will be considered by a House panel when lawmakers return in January. legislation introduced by Sen. Orrin Hatch, R-Utah, is officially called the Methamphetamine Anti-Proliferation Act of 1999.
The law would make it a felony to "teach, demonstrate, or
distribute any information pertaining to the manufacture of a controlled substance," says NORML. Under federal law, marijuana is classified as a Schedule 1 substance.
The Drug Enforcement Agency says marijuana has a high potential for abuse and no accepted medical use in treatment in the United States. Officials also argue that there are no standards for safe use of marijuana, even under medical supervision.
"This provision would make it a federal crime, for example, to provide to medical marijuana patients information on how to cultivate marijuana, even in those states where it is legal for patients to grow marijuana under state law," says a NORML statement.
The group claims that if the bill is approved, Web sites ranging from major Internet booksellers such as Amazon.com and Barnesandnoble.com to NORML's own Web site could be in violation.
Hatch calls bill weapon in drug war
"Drug law reformers, civil libertarians and the general public need to recognize that Sen. Hatch's bill is a blatant attack on Americans' right to free speech," said Keith Stroup, NORML executive director. "Citizens must act soon to amend or kill this terrible federal legislation."
Hatch, in a recent speech on the Senate floor, explained that the bill would prohibit the dissemination of drug "recipes" on the Internet and amend the current federal anti-drug paraphernalia statute to extend the ban to include Internet advertising for the sale of controlled substances and drug paraphernalia.
"This bill furnishes the means for our ongoing battle against those who manufacture and sell illicit drugs," Hatch said "Perhaps even more important, this bill underscores our unwavering commitment to win this battle."
Allen F. St. Pierre, executive director of The NORML Foundation, a nonprofit legal, educational and research foundation that works to educate Americans about marijuana
and advocates more liberal marijuana laws, called the bill "overreaching."
"This is a First Amendment issue. If this passes the House and if the president signs it, people will be ill-affected by it," St. Pierre said.
Barry Steinhardt, associate director of the American Civil
Liberties Union, said the measure would outlaw protected speech.
"The bill will criminalize protected free speech," Steinhardt said. "It would throw in jail persons who merely talk about controlled substances even when they are describing legal conduct, like growing marijuana for medicinal use in states like California which permit its therapeutic use. If the Hatch bill becomes law, it will become the subject of a powerful constitutional challenge."
Several states pass medical use laws
Battles have been raging for several years over the medical use of marijuana. In 1996, California voters approved a ballot initiative that removed state penalties for people who used marijuana for medical purposes. Since that time, Arizona, Alaska, Oregon, Nevada and Washington have adopted similar laws.
Several mainstream medical organizations, including the New
England Journal of Medicine, have endorsed the use of medical marijuana.
Last year Congress approved a measure condemning the medical use of marijuana. Because federal law outlaws marijuana use, many doctors are reluctant to prescribe it, even in states that have passed initiatives.
Arizona Man David Finkelstein, a spokesman for Alaskans for Medical Rights, called the proposed law unconstitutional.
"The whole concept of S.1428 is probably unconstitutional, but it's particularly outrageous as applied to medical marijuana patients looking for information to address their conditions," Finkelstein said.
Florida First Amendment attorney David Wasserman said he believes the bill constitutes prior restraint.
'Grave danger to the First Amendment'
"I see this as a grave danger to the First Amendment because it attempts to ban something that politicians believe citizens will find offensive. If everything that some politician believes people find offensive becomes a bill, Congress will be too busy censoring society and not have time to do what they were elected for," Wasserman said.
Richard Cowan, editor and publisher of marijuananews.com, an
online magazine, believes the bill is likely to win approval.
"I think that the House will pass any bill that claims to be
'anti-drug,' especially in an election year," Cowan said. "Some of those who know or care about the Constitution may take comfort in the belief that the courts will strike it down as they did with the 'Indecency' Act. It violates the First Amendment. It will not work, because the Internet is designed to get around stupidity. Even the Chinese Communists cannot stop it."
Cowan believes "the Internet community" will not become concerned about the bill until it is adopted.
"When it passes, I will do everything possible to break that
law," said Cowan, a former executive director of NORML.
David Noack is an APBnews.com staff writer
(david.noack@apbnews.com).
Bill Would Outlaw Internet Drug Information
Critics Say Measure Violates Free-Speech Rights
Dec. 20, 1999
By David Noack
WASHINGTON (APBnews.com) -- The days of ordering bongs and pipes and other drug paraphernalia online, getting information on the medical uses of marijuana or instructions on growing hemp may go up in smoke if lawmakers have their way.
A bill passed by the Senate in November seeks to make it illegal to provide any information online about marijuana. The measure also would increase penalties for drugs classified as methamphetamines, which go by street names such as "speed," "meth," "crank," "crystal-meth" and "glass."
Free-speech advocates say the proposed law banning marijuana
information violates the First Amendment.
In addition, the legislation also says Internet service providers (ISPs) will be held liable for not removing a site featuring marijuana information if notified by top federal law enforcement officials and that "appropriate" federal government Web sites will have to display anti-drug messages.
Bill headed to House committee
NORML, the National Organization to Reform Marijuana Laws,
the measure, originally titled Senate Bill No. S.1428, was passed in the waning hours of the last session of Congress and will be considered by a House panel when lawmakers return in January. legislation introduced by Sen. Orrin Hatch, R-Utah, is officially called the Methamphetamine Anti-Proliferation Act of 1999.
The law would make it a felony to "teach, demonstrate, or
distribute any information pertaining to the manufacture of a controlled substance," says NORML. Under federal law, marijuana is classified as a Schedule 1 substance.
The Drug Enforcement Agency says marijuana has a high potential for abuse and no accepted medical use in treatment in the United States. Officials also argue that there are no standards for safe use of marijuana, even under medical supervision.
"This provision would make it a federal crime, for example, to provide to medical marijuana patients information on how to cultivate marijuana, even in those states where it is legal for patients to grow marijuana under state law," says a NORML statement.
The group claims that if the bill is approved, Web sites ranging from major Internet booksellers such as Amazon.com and Barnesandnoble.com to NORML's own Web site could be in violation.
Hatch calls bill weapon in drug war
"Drug law reformers, civil libertarians and the general public need to recognize that Sen. Hatch's bill is a blatant attack on Americans' right to free speech," said Keith Stroup, NORML executive director. "Citizens must act soon to amend or kill this terrible federal legislation."
Hatch, in a recent speech on the Senate floor, explained that the bill would prohibit the dissemination of drug "recipes" on the Internet and amend the current federal anti-drug paraphernalia statute to extend the ban to include Internet advertising for the sale of controlled substances and drug paraphernalia.
"This bill furnishes the means for our ongoing battle against those who manufacture and sell illicit drugs," Hatch said "Perhaps even more important, this bill underscores our unwavering commitment to win this battle."
Allen F. St. Pierre, executive director of The NORML Foundation, a nonprofit legal, educational and research foundation that works to educate Americans about marijuana
and advocates more liberal marijuana laws, called the bill "overreaching."
"This is a First Amendment issue. If this passes the House and if the president signs it, people will be ill-affected by it," St. Pierre said.
Barry Steinhardt, associate director of the American Civil
Liberties Union, said the measure would outlaw protected speech.
"The bill will criminalize protected free speech," Steinhardt said. "It would throw in jail persons who merely talk about controlled substances even when they are describing legal conduct, like growing marijuana for medicinal use in states like California which permit its therapeutic use. If the Hatch bill becomes law, it will become the subject of a powerful constitutional challenge."
Several states pass medical use laws
Battles have been raging for several years over the medical use of marijuana. In 1996, California voters approved a ballot initiative that removed state penalties for people who used marijuana for medical purposes. Since that time, Arizona, Alaska, Oregon, Nevada and Washington have adopted similar laws.
Several mainstream medical organizations, including the New
England Journal of Medicine, have endorsed the use of medical marijuana.
Last year Congress approved a measure condemning the medical use of marijuana. Because federal law outlaws marijuana use, many doctors are reluctant to prescribe it, even in states that have passed initiatives.
Arizona Man David Finkelstein, a spokesman for Alaskans for Medical Rights, called the proposed law unconstitutional.
"The whole concept of S.1428 is probably unconstitutional, but it's particularly outrageous as applied to medical marijuana patients looking for information to address their conditions," Finkelstein said.
Florida First Amendment attorney David Wasserman said he believes the bill constitutes prior restraint.
'Grave danger to the First Amendment'
"I see this as a grave danger to the First Amendment because it attempts to ban something that politicians believe citizens will find offensive. If everything that some politician believes people find offensive becomes a bill, Congress will be too busy censoring society and not have time to do what they were elected for," Wasserman said.
Richard Cowan, editor and publisher of marijuananews.com, an
online magazine, believes the bill is likely to win approval.
"I think that the House will pass any bill that claims to be
'anti-drug,' especially in an election year," Cowan said. "Some of those who know or care about the Constitution may take comfort in the belief that the courts will strike it down as they did with the 'Indecency' Act. It violates the First Amendment. It will not work, because the Internet is designed to get around stupidity. Even the Chinese Communists cannot stop it."
Cowan believes "the Internet community" will not become concerned about the bill until it is adopted.
"When it passes, I will do everything possible to break that
law," said Cowan, a former executive director of NORML.
David Noack is an APBnews.com staff writer
(david.noack@apbnews.com).
