http://marijuana.com/article.php?sid=7473&mode=nested&order=0
A new law has been passed in America which is being used to
stifle freedom of speech and shut down events which promote
changes to the nation's drug laws.
The legislation, crafted by Delaware Democrat Senator
Joseph Biden, was originally introduced in 2001 as the RAVE
Act (RAVE being a clever acronym standing for Reducing
Americans' Vulnerability to Ecstasy). Free speech activists
and civil libertarians originally managed to stop the bill from
being passed, but Biden outmaneuvered his opponents.
Biden renamed his bill the Illicit Drug Anti-Proliferation Act, and had a House-Senate
conference committee attach it to the popular PROTECT Act, a bill ostensibly aimed at
child-protection (Prosecutorial Remedies and Other Tools to End the Exploitation of
Children Today). Bush signed the bill into law on April 30, 2003.
Biden has denied the legislation would harm legitimate nightclubs or events. He claims the
measure is aimed solely at unscrupulous event promoters or club owners who "knowingly"
allow, encourage, or promote drug use and sales on their premises.
Yet those who analyzed the bill claim it is has a far broader reach. "All you have to do is
prove drug use is going on at an establishment to go after the organizers," said Bill Piper,
spokesman for Drug Policy Alliance, which has analyzed the law. "In theory, they could go
after you if one person smokes marijuana at your barbecue."
Fundraiser shut down
The DEA's first use of the new law extended the agency's scope from anti-drugs to
anti-freedoms.
On May 30, holding a copy of the new law in one hand, DEA agent Dan Dunlap shut down
a fundraiser for Students for Sensible Drug Policy (SSDP) and the National Organization
for the Reform of Marijuana Laws (NORML). The fundraiser, scheduled for later that
night at the Eagles' Hall in Billings, Montana, was to have featured local bands and
performers.
Agent Dunlap warned hall owners that if even a single person lit a joint during the event,
the hall owners could be charged, fined up to $250,000 and face 20 years in prison. He also
told them that undercover DEA agents and cops would be on patrol to see what unfolded.
Hall owners were suitably intimidated and canceled the event.
A storm of media outrage followed, but DEA Agent in Charge Jeff Sweetin staunchly
defended his office's actions, saying he feared the fundraiser might have broken into a
round of marijuana use and ecstacy-popping. Agent Sweetin told the media he had saved
himself having to "talk to the mother of some girl who was doped or raped or killed" at the
event.
Running for cover
A number of activist groups, including the SSDP, NORML and the American Civil
Liberties Union, have promised to fight the Illicit Drug Anti-Proliferation Act in court, and
to try to have it repealed.
Meanwhile, organizers of upcoming hemp festivals and electronic music events are
increasingly concerned, and some party promoters have already run for cover.
The Wisconsin Weedstock festival relocated to Canada, joining up with the Planetary Pride
Hempfest in Ophir, Ontario for their annual August event. In California, the Sonoma Health
and Harmony Festival canceled plans to have a medical marijuana smoking area.
The Denver radio station KTCL even held a contest to rename their local event, formerly
called "Rave on the rocks" to exclude the "R-word."
The first application of the new law showed that the DEA have been empowered as
political and cultural police, to fine and jail any group that speaks against the status quo.
They will use this law pre-emptively, to scare venue owners from hosting these kinds of
events on their property.
Glow stick ban
The Illicit Drug Anti-Proliferation Act is an expansion of the so-called "crack-house law"
passed in 1986, which applies to an indoor space used repeatedly for the use, sale or
manufacturing of an illegal drug. In contrast, the new law can be applied to one-time
events such as an outdoor concert, or a party at a private home.
Event promoters have been uncertain about their future since 2001, when the feds used the
"crack-house law" to prosecute the owners of Barbecue of New Orleans, which
promotes well-attended dance parties at a downtown theater.
The federal government sought to send the event promoter to jail even though there was
no evidence he was involved in drugs, and he took active steps to keep illegal substances
out of the club.
Barbecue of New Orleans organizers agreed to a plea bargain which included a $100,000
fine, five years probation, and a ban on glow sticks, pacifiers, mentholated inhalers and
other such items from any future events. They also agreed to eliminate air-conditioned
"chill out" rooms where patrons could cool off after dancing.
The ACLU challenged the ban on the legal items as unconstitutionally limiting freedom of
expression, but prosecutors appealed to the Fifth Circuit Court of Appeals, where the ban
was upheld in July 2003.
A new law has been passed in America which is being used to
stifle freedom of speech and shut down events which promote
changes to the nation's drug laws.
The legislation, crafted by Delaware Democrat Senator
Joseph Biden, was originally introduced in 2001 as the RAVE
Act (RAVE being a clever acronym standing for Reducing
Americans' Vulnerability to Ecstasy). Free speech activists
and civil libertarians originally managed to stop the bill from
being passed, but Biden outmaneuvered his opponents.
Biden renamed his bill the Illicit Drug Anti-Proliferation Act, and had a House-Senate
conference committee attach it to the popular PROTECT Act, a bill ostensibly aimed at
child-protection (Prosecutorial Remedies and Other Tools to End the Exploitation of
Children Today). Bush signed the bill into law on April 30, 2003.
Biden has denied the legislation would harm legitimate nightclubs or events. He claims the
measure is aimed solely at unscrupulous event promoters or club owners who "knowingly"
allow, encourage, or promote drug use and sales on their premises.
Yet those who analyzed the bill claim it is has a far broader reach. "All you have to do is
prove drug use is going on at an establishment to go after the organizers," said Bill Piper,
spokesman for Drug Policy Alliance, which has analyzed the law. "In theory, they could go
after you if one person smokes marijuana at your barbecue."
Fundraiser shut down
The DEA's first use of the new law extended the agency's scope from anti-drugs to
anti-freedoms.
On May 30, holding a copy of the new law in one hand, DEA agent Dan Dunlap shut down
a fundraiser for Students for Sensible Drug Policy (SSDP) and the National Organization
for the Reform of Marijuana Laws (NORML). The fundraiser, scheduled for later that
night at the Eagles' Hall in Billings, Montana, was to have featured local bands and
performers.
Agent Dunlap warned hall owners that if even a single person lit a joint during the event,
the hall owners could be charged, fined up to $250,000 and face 20 years in prison. He also
told them that undercover DEA agents and cops would be on patrol to see what unfolded.
Hall owners were suitably intimidated and canceled the event.
A storm of media outrage followed, but DEA Agent in Charge Jeff Sweetin staunchly
defended his office's actions, saying he feared the fundraiser might have broken into a
round of marijuana use and ecstacy-popping. Agent Sweetin told the media he had saved
himself having to "talk to the mother of some girl who was doped or raped or killed" at the
event.
Running for cover
A number of activist groups, including the SSDP, NORML and the American Civil
Liberties Union, have promised to fight the Illicit Drug Anti-Proliferation Act in court, and
to try to have it repealed.
Meanwhile, organizers of upcoming hemp festivals and electronic music events are
increasingly concerned, and some party promoters have already run for cover.
The Wisconsin Weedstock festival relocated to Canada, joining up with the Planetary Pride
Hempfest in Ophir, Ontario for their annual August event. In California, the Sonoma Health
and Harmony Festival canceled plans to have a medical marijuana smoking area.
The Denver radio station KTCL even held a contest to rename their local event, formerly
called "Rave on the rocks" to exclude the "R-word."
The first application of the new law showed that the DEA have been empowered as
political and cultural police, to fine and jail any group that speaks against the status quo.
They will use this law pre-emptively, to scare venue owners from hosting these kinds of
events on their property.
Glow stick ban
The Illicit Drug Anti-Proliferation Act is an expansion of the so-called "crack-house law"
passed in 1986, which applies to an indoor space used repeatedly for the use, sale or
manufacturing of an illegal drug. In contrast, the new law can be applied to one-time
events such as an outdoor concert, or a party at a private home.
Event promoters have been uncertain about their future since 2001, when the feds used the
"crack-house law" to prosecute the owners of Barbecue of New Orleans, which
promotes well-attended dance parties at a downtown theater.
The federal government sought to send the event promoter to jail even though there was
no evidence he was involved in drugs, and he took active steps to keep illegal substances
out of the club.
Barbecue of New Orleans organizers agreed to a plea bargain which included a $100,000
fine, five years probation, and a ban on glow sticks, pacifiers, mentholated inhalers and
other such items from any future events. They also agreed to eliminate air-conditioned
"chill out" rooms where patrons could cool off after dancing.
The ACLU challenged the ban on the legal items as unconstitutionally limiting freedom of
expression, but prosecutors appealed to the Fifth Circuit Court of Appeals, where the ban
was upheld in July 2003.
