Date: Wed, 26 Jun 2002 10:15:28 -0700

Subject:WI: 'Regular Users' Talk About Why They Smoke Pot Up TOC

Newshawk: Is My Medicine Legal YET? www.immly.org
Pubdate: Tue, 25 Jun 2002
Source: Reporter, The (Fond du Lac, WI)
Copyright: 2002 Gannett Wisconsin Newspapers
Contact: tguenther@smgpo.gannett.com
Website: http://www.wisinfo.com/thereporter/index.shtml
Details: http://www.mapinc.org/media/2271
Author: Lee Reinsch, Of The Reporter Staff

'REGULAR USERS' TALK ABOUT WHY THEY SMOKE POT

Following are conversations with two people who regularly use
marijuana. They gave their permission to use their first names.

Ben, 33, single, self-employed.

Q: How long have you been smoking pot?

A: Since about age 15 or 16.

Q: How often do you smoke?

A: Nowadays, at least every other day.

Q: What do you feel are some of the myths society has?

A: That we are drooling idiots watching pornos all day and eating
Cheetos.

Q: Do you live in fear of getting caught?

A: The last few years I have been out of the closet. I try to be a
good witness if you will and set a good example. If people know you
smoke dope and you are 10 minutes late, they say it's because you
smoke dope. So I'm punctual.

Q: Are you working for reform of drug laws?

A: I'm very in favor of the repeal of prohibition of marijuana laws. I
give money to organizations.

Q: How does being high differ from having a few drinks?

A: It's like apples and avocados. When you are drunk, things are a
blur, you don't have control over your body and if you drink too much,
you die. People see someone who gets high and think they look like a
zombie but there are thousands of thoughts that go on in the mind.

Q: Is pot a gateway drug for you?

A: From what I've seen, most people start with liquor. Liquor is the
gateway drug. Coke is a monkey that didn't jump on my back. I've seen
it wreck some people's lives. For some people, the Internet ruins
their lives; some people get hooked on sweets and chocolate; and some
people put a little powder in their nose.

Q: Did you ever try cocaine?

A: I first saw coke in college. My first reaction was that is deadly
and addictive, and next thing I knew I had a straw in my nose and was
trying it out for myself.

I consider myself lucky that it didn't jump on my back and be an
addiction monkey. Cocaine is addictive for certain people. When I
smoked cigarettes, I had no problem. But do not let me go a day
without a candy bar. I am very addicted to chocolate. Different people
are wired differently. I don't think there is anything in marijuana
that makes people do other substances.

Mary, 51, a psychologist. Married with three teen-agers. Says
marijuana helped her achieve a sense of spirituality.

Q: How long have you been doing pot?

A: Around 30 years. In 1969 it was the culture at the time. Who didn't
smoke? We were young and curious and idealistic. It promised a new
doorway to a new kind of consciousness and experiencing other ways of
being in the world.

Q: Has it done that for you?

A: Absolutely. I would not be who I am today if I had not experienced
altered states of consciousness at an early age.

Q: How so?

A: I was raised in the 1950s in a very buttoned-down repressive and
repressed, controlling social environment that had just about killed
my spirit by the time I reached adulthood. My experience with the drug
culture of the late 1960s and 70s reawakened my spirituality, because
marijuana in particular is the substance that allows you to rise above
your current perspective, and from that broader stance you see the
connections between things. You feel compassion for yourself and
others. Additionally, the perceptual alterations that you experience
when you are high sometimes can reveal to you the beauty of the
natural world that you are close to and that escapes you in everyday
consciousness.

Q: Has marijuana made you lazy?

A: I maintained a 4.0 grade point average through graduate school in
my 40s. I got my Ph.D and I continue to be a highly functioning
individual. I have three children. I take care of my aged mother and
my husband. I am living proof that it doesn't make you lazy or destroy
your brain.

Q: What about amotivational syndrome?

A: That amotivational syndrome stuff is a bunch of crap. When people
start altering their consciousness and they gain a little perspective
on their lives, they take a look at the world and realize that the
things they were told were valuable aren't valuable anymore from that
new perspective.

People may not know what they want. They say wait a minute, there's
got to be something better, something else. And that is why they opt
out. The lack of motivation stems from discovering from a new
perspective the futility of playing the capitalist, corporate,
material game.

Q: Does your family know?

A: Yes, my mother knows and is OK with it. My kids know and they are
fine. They don't drink or use drugs.
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
- ---
MAP posted-by: Richard Lake

 
 


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web:     http://www.crrh.org/

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Date: Wed, 26 Jun 2002 10:47:41 -0700

Subject:SD: Hemp Initiative Offers South Dakota A Up TOC

Newshawk: http://www.lp.org/issues/drug-war-task-force.html
Pubdate: Wed, 26 Jun 2002
Source: Yankton Daily Press & Dakotan (SD)
Copyright: 2000 Yankton Daily Press & Dakotan
Contact: newsroom@yankton.net
Website: http://www.yankton.net
Details: http://www.mapinc.org/media/1046

HEMP INITIATIVE OFFERS SOUTH DAKOTA A LEANING PROCESS

We all think we know what marijuana is, but how well do any of us know the
distinction between the weed that is smoked and the plant that has
industrial uses?

At the very least, South Dakota voters have the chance to expand their
knowledge on the subject in the coming months. Petitions bearing more than
13,000 signatures were filed last week to put an industrial hemp initiative
on the fall ballot. If the initiative passes, it would create legal
distinctions between industrial hemp and marijuana, and pave the way for
commercialized hemp development in the state.

It presents an opportunity to understand the important differences between
hemp and marijuana. The "weed" that is smoked to produce highs and the
plant used for industrial applications such as paper, clothing, fuels,
lotions, particle boards, foods, bird seed, detergents, paints and soaps
are two different things. By not fostering the hemp industry in this state,
South Dakota is rejecting a valuable revenue source. That's one reason why
the South Dakota Farmer Union supports the ballot measure, called the South
Dakota Industrial Hemp Act.

The greatest adversaries to the act are the various misconceptions about
hemp and its kinship to the more deleterious members in its family.

There are important differences between hemp and common marijuana.
According to the Hemp Industries Association, both hemp and marijuana come
from the same plant, known as Cannabis sativa L. The term "hemp" applies to
the stalk and seed, while cannabis refers to the flowers and leaves smoked
to produce a high. Also, the plants are cultivated in different ways and
harvested at different times. The key is the amount of TetraHydraCannibinol
(THC), the element which produces highs in the people who smoke pot. While
cannabis has THC levels of 5-10 percent, industrial hemp contains levels of
less than 1 percent. Since high levels of THC are needed to produce an
intoxicating "buzz," industrial hemp cannot achieve that effect -- unless
you wish to count a headache as a high.

Since the plant grows in temperate climates and needs no fertilizer or
pesticide to thrive, industrial hemp would seem like an ideal enterprise in
this region. Indeed, it was once grown by more than 400,000 farmers until
stiffened marijuana laws crippled the industry.

As for concerns that other, illegal forms of marijuana could be grown amid
the industrial plants, some industrial hemp experts state that most of the
"ditchweed" plants commonly found growing wild here are actually remnants
from the days when industrial hemp was more common. It has very little
psychoactive value; South Dakota marijuana isn't exactly in high demand by
pot consumers. Also, hemp also contains an element, CBD, that blocks the
production of a marijuana high. (This ultimately must produce questions of
some of the laws and efforts aimed at marijuana in this and many other states.)

But these are all facts South Dakotans should learn in the months ahead.
While it is important to make an informed decision on every measure, it is
worth the effort for voters to sort out the hemp facts from the marijuana
fiction. There are a lot of misconceptions standing in the way.
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
- ---
MAP posted-by: Beth

 
 


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Date: Wed, 26 Jun 2002 22:46:36 -0700

Subject:UK: Schools Questioned On Cannabis Up TOC

Newshawk: JimmyG
Pubdate: Tue, 25 Jun 2002
Source: BBC News (UK Web)
Copyright: 2002 BBC
Contact: http://newsvote.bbc.co.uk/hi/english/talking_point/forum/
Website: http://news.bbc.co.uk/
Details: http://www.mapinc.org/media/558

SCHOOLS QUESTIONED ON CANNABIS

A study has begun to find out the effects of a "softly, softly" cannabis
police policy on children in south London.

It comes after evidence pupils believe cannabis has been legalised since
the policy was introduced and some as young as nine have smoked the drug.

The policy pilot was introduced in Lambeth by Metropolitan police commander
Brian Paddick in 2001, sees those in possession of the drug warned instead
of arrested.

The area's new police chief Brian Moore said all schools in the borough
were being surveyed about the effects on youngsters.

Mr Moore, who replaced Commander Paddick after he was moved to a desk job
at Scotland Yard, said: "Some opinion formers have raised concerns more
children of the nine and 10-year-old level are taking cannabis than before
the pilot."

Lambeth's 66 primary and 10 secondary schools are being asked whether they
have excluded more children for cannabis since the scheme began.

They are also being asked whether more cannabis and drug paraphernalia has
been found.

Experts' assessment

Mr Moore said: "The feedback is very clear so far that there has been no
escalation, which I think is a re-assuring response to some of the concerns."

He has asked for 25 experts, including educationalists, teachers, youth
workers and drugs workers to look at the scheme.

They will look into whether there is any evidence of the pilot affecting
the health of children.

There have also been claims of people being drawn into Lambeth to buy and
sell cannabis as a result of the scheme.

Hundreds warned

But Deputy Assistant Commissioner Mike Fuller said: "There is no
discernible difference in terms of the number of people we are finding in
possession of cannabis compared to before the pilot."

A total of 1,190 people have been warned for possession since the scheme
began last July.

Of those, 52.7% were from outside the borough, a similar proportion to
those caught in possession before the pilot, suggesting people were not
flooding into the area to buy drugs.
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
- ---
MAP posted-by: Keith Brilhart

 
 


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web:     http://www.crrh.org/

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Date: Wed, 26 Jun 2002 22:47:49 -0700

Subject:Canada: Pot industry grows out in open Up TOC

Newshawk: Join CMAP (http://www.mapinc.org/cmap/lists.htm)
Pubdate: June 19, 2002
Source: Grand Forks Gazette (CN BC)
Front Page
Copyright: 2002 Sterling Newspapers
Contact: edit_gfgazette@yahoo.com
Address: Box 700, 7330 2nd St., Grand Forks, B.C. V0H 1H0
Fax: 1-250-442-3336
Website: http://www.sterlingnews.com/Forks
Author: Tim A. Dueck

                    Pot industry grows out in open

A recent study from the University College of the Fraser Valley says the
marijuana business in B.C. is growing.  The report stated that the number
of marijuana growing operations coming to the attention of police is
increasing by about 36 percent per year.  In the Lower Mainland, that is
faster than police can keep up with.

Here in the Boundary, marijuana is grown differently.  Large scale indoor
grow operations are rarer.  Consumers of the sacred herb know that Grand
Forks's famous sunshine means ideal conditions for growing pot outdoors.

"There are a lot more people growing than you might think," says Brian
McAndrew, media consultant at the Cannabis Research Institute in Grand
Forks.  "There are probably a thousand homes in the area growing marijuana
on one scale or another."

McAndrew says the majority of growers probably only grow enough for
themselves and maybe a couple of friends. "Most people I know would rather
grow it than buy it."

 From a law enforcement perspective it is tough to pin down the scope of the
industry.  RCMP staff Sgt. Darryl Little says that because most marijuana
is grown in the bush it is harder to find and get a firm grip on the
numbers.  "I think there are probably 75 to 100 people growing in the
Boundary including ma and pa operations.  There may be lots of small 5 to
10 plants operations but not a lot of commercial operations."

Even retailers of hydroponic growing equipment have a hard time estimating
the extent of the industry in the area.  Jim Gibb, owner of Boundary
Waterworks, says that because growing pot is illegal most growers will shop
at the big box retailers for their hydroponic fertilizers and equipment.

"Most growers don't deal with people in their own community," he says.
"They don't want to draw attention to themselves by walking out of here
with an armful of hydroponic equipment."

The regional district has tried to get a handle on the economic strength of
the marijuana growing industry in the Boundary area.  Economic Development
Commission director Martin Kruysse says their study found that most pot is
grown outdoors making it more difficult to track.  "We couldn't find
significant evidence of grow-ops," he said. "The best information comes
from talking to fertilizer sales and hardware stores. We estimated the size
of the industry in Boundary to be about $6 million per year."

 
 


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Date: Thu, 27 Jun 2002 09:18:03 -0700

Subject:US Supreme Ct.approves random drug tests in public schools Up TOC

High court approves random drug tests in public schools

June 27, 2002 Posted: 10:15 AM EDT (1415 GMT)

WASHINGTON -- The Supreme Court approved random drug tests for many public 
high school students Thursday, ruling that schools' interest in ridding 
their campuses of drugs outweighs an individual's right to privacy.

The 5-4 decision would allow the broadest drug testing the court has yet 
permitted for young people whom authorities have no particular reason to 
suspect of wrongdoing.

It applies to students who join competitive after-school activities or 
teams, a category that includes many if not most middle-school and 
high-school students.

Previously, these tests had been allowed only for student athletes.

The decision will allow the broadest testing ever allowed by the court for 
young people who have given authorities no reason to suspect them of 
wrongdoing.

It applies to students who join competitive after-school activities or teams.

In the past, the tests have only been allowed for student athletes.

"We find that testing students who participate in extracurricular 
activities is a reasonably effective means of addressing the school 
district's legitimate concerns in preventing, deterring and detecting drug 
use," Justice Clarence Thomas wrote for himself, Chief Justice William H. 
Rehnquist and Justices Antonin Scalia, Anthony M. Kennedy and Stephen Breyer.

The court stopped short of allowing random tests for any student, whether 
or not involved in extracurricular activities, but several justices have 
indicated they are interested in answering that question at some point.

The court ruled against a former Oklahoma high school honor student who 
competed on an academic quiz team and sang in the choir. Lindsay Earls, a 
self-described "goodie two-shoes," tested negative but sued over what she 
called a humiliating and accusatory policy.

The Pottawatomie County school system had considered testing all students. 
Instead, it settled for testing only those involved in extracurricular 
activities on the theory that by voluntarily representing the school, those 
students had a lower expectation of privacy than did students at large.

<http://www.cnn.com/2002/LAW/06/27/scotus.drug.testing.ap/index.html>http<http://www.cnn.com/2002/LAW/06/27/scotus.drug.testing.ap/index.html>://www.cnn.com/2002/LAW/06/27/scotus.drug.testing.ap/index.html
Submitted by: Roger Dodger


 
 


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web:     http://www.crrh.org/

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Date: Thu, 27 Jun 2002 09:20:53 -0700

Subject:HI: Adler May Face Prison in Marijuana Conviction Up TOC

Newshawk: Check out our site map http://www.drugsense.org/sitemap.htm#map
Pubdate: Wed, 26 Jun 2002
Source: Hawaii Tribune Herald (HI)
Copyright: 2002 Hawaii Tribune Herald
Contact: htrib@hawaiitribune-herald.com
Website: http://www.hilohawaiitribune.com/
Details: http://www.mapinc.org/media/185
Author: Chris Loos, Tribune-Herald
Bookmark: http://www.mapinc.org/people/Jonathan+Adler

ADLER MAY FACE PRISON IN MARIJUANA CONVICTION

County prosecutors plan to request prison for Jonathan Adler, who was
convicted of commercial promotion of marijuana and possession of drug
paraphernalia last week.

Circuit Judge Greg Nakamura issued his written decision on Thursday
following a trial without a jury that began in January.

The 50 - year - old Adler, who is a third - party candidate for
governor, went to trial on the same charges last year but the jury was
unable to reach a verdict and the judge declared a mistrial.

At that trial, Adler never denied growing the 82 marijuana plants and
seven seedlings or possessing the four smoking pipes that police found
at his Hawaiian Paradise Park home on Aug. 25, 1998.

He said the marijuana was a sacrament in his church and, therefore,
his right to use it was protected by the Hawaii Constitution, which
forbids the government from passing laws that prohibit the free
exercise of religion.

After the mistrial, Adler and the state agreed to several key points,
and to let the judge decide the remaining issues rather than go
through another jury trial.

In his written decision, Nakamura found that Adler was a reverend in
the Religion of Jesus Church, that the religion was legitimate and
that Adler "sincerely believed his religion required the sacramental
use of marijuana or cannabis" at least once a year.

"Defendant has not shown ... that this use requires possession or
cultivation of 50 or more marijuana plants," Nakamura wrote, or "that
this use requires possession of more than one pipe for consumption of
marijuana."

Nakamura said Hawaii has a "compelling state interest" in enforcing
the marijuana and drug paraphernalia laws.

He ordered Adler to appear for sentencing on Aug. 26.

Deputy Prosecutor Kevin Hashizaki said Adler could be sentenced to as
little as five years probation or as much as 15 years in prison. "I'll
be asking for prison," Hashizaki said. "If the judge sentences him to
jail, then I would request that he be taken into jail
immediately."

Adler's attorney, Michael Glenn, says it's more likely the judge will
sentence his client to probation.

"He's a licensed reverend, a father of five and he's harmed no one,"
Glenn said. "Jail would not really serve anyone's purpose." Glenn said
he plans to appeal the verdict.

Adler filed nomination papers April 1 to run for governor as a
candidate for the Natural Law Party. He previously had sought to run
as a member of the Green Party, but was rejected by party leadership.

"When he is sentenced for that felony crime, he cannot run" for office
under state law, said Rex Quidilla, spokesman for the state Office of
Elections. "Our office will be monitoring the situation."
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
- ---
MAP posted-by: Richard Lake

 
 


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web:     http://www.crrh.org/

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Date: Thu, 27 Jun 2002 09:21:43 -0700

Subject:HI: Big Isle Governor Candidate Guilty On Marijuana Charges Up TOC

Newshawk: The War on Drugs IS Terrorism
Pubdate: Wed, 26 Jun 2002
Source: Honolulu Star-Bulletin (HI)
Contact: letters@starbulletin.com
Copyright: 2002 Honolulu Star-Bulletin
Website: http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Rod Thompson
Bookmark: http://www.mapinc.org/spirit.htm (Spiritual or Sacramental)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

BIG ISLE GOVERNOR CANDIDATE GUILTY ON MARIJUANA CHARGES

HILO -- Jonathan Adler, religious marijuana user and Natural Law Party
candidate for governor, has been found guilty of commercial promotion of
marijuana.

Adler, 50, was charged with possessing 89 marijuana plants and marijuana
paraphernalia in 1998. Adler contended that religious freedom under the
Constitution allows him to use marijuana.

In handing down a written verdict yesterday, Judge Greg Nakamura noted that
Adler is a reverend in the Religion of Jesus Church and that Adler sincerely
believes in the church.

Nakamura also noted that the church requires its believers to use marijuana
at least once a year, usually on Aug. 21, which they believe to be the true
birthday of Jesus.

But Nakamura said Adler had provided no evidence during a one-day, nonjury
trial in January that the church requires Adler to engage in commercial
promotion of marijuana. Possession of more than 50 marijuana plants is
considered evidence of a commercial activity.

The state has a "compelling interest" in controlling commercial marijuana,
Nakamura ruled.

Nakamura made no ruling on simple possession of small quantities of
marijuana for religious use, since that was not an issue in Adler's case.
The state has not established any amount of marijuana which might be
permitted for religious use.

Adler has a state medical marijuana card, which allows him to have up to
seven marijuana plants for medical use. Adler says he uses marijuana to
treat his asthma.

The judge set sentencing for Aug. 26 and required Adler to report to the
local probation office by Friday.

A jury trial of Adler on the same charges last year ended with a hung jury.

Adler still faces separate charges related to allegedly possessing 55
marijuana plants in 1999.

Adler filed nomination papers April 1 to run for governor as a candidate for
the Natural Law Party. He previously had sought to run as a member of the
Green Party, but was rejected by party leadership.

"When he is sentenced for that felony crime, he cannot run" for office under
state law, said Rex Quidilla, spokesman for the state Office of Elections.
"Our office will be monitoring the situation."

Neither Adler, nor his Natural Law running mate, lieutenant governor
candidate Daniel Morimoto, could be reached for comment.
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
- ---
MAP posted-by: Doc-Hawk

 
 


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web:     http://www.crrh.org/

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Date: Thu, 27 Jun 2002 09:23:17 -0700

Subject: Canada: Church of Universe Founder to Get $15,000 From Mall

Newshawk: Contribute - Help us Help Reform http://www.drugsense.org/donate.htm
Pubdate: Wed, 26 Jun 2002
Source: Hamilton Spectator (CN ON)
Copyright: The Hamilton Spectator 2002
Contact: letters@hamiltonspectator.com
Website: http://www.hamiltonspectator.com/
Details: http://www.mapinc.org/media/181
Author: Barbara Brown, Justice Reporter, The Hamilton Spectator
Cited: Church of the Universe http://www.churchoftheuniverse.com/
Bookmark: http://www.mapinc.org/people/Walter+Tucker

CHURCH OF UNIVERSE FOUNDER TO GET $15,000 FROM MALL OWNER

Tucker Awarded Damages in Mall Suit Church of Universe Founder to Get
$15,000 From Mall Owner, But Jury Dismisses Baldasaro's Claim

A Superior Court jury has awarded $15,000 in damages to Church of the
Universe founder Walter A. Tucker, finding the 69-year-old man was
roughed up and assaulted by security guards at Eastgate Square.

At the same time, the jury dismissed a similar claim by fellow
marijuana minister, Michael Baldasaro, 53, who will be stuck with at
least some of the legal costs incurred by mall owner, Cadillac
Fairview Corp. Ltd.

The two men, who represented themselves in court during the 12-day
trial, argued they were unlawfully ar-rested, assaulted and humiliated
by se-curity staff on Nov. 25, 2000.

Baldasaro, who was a mayoralty can-didate at the time, believes he and
Tucker were accosted because securi-ty staff were operating under a
mistak-en impression that they were cam-paigning in the shopping mall.

Tucker said he was merely purchas-ing a book from a local author, who
was signing copies at a table, when guards approached and demanded he
leave.

He said his arm was "painfully" twisted behind his back and that other
security staff handcuffed and "dragged Brother Baldasaro away like an
ani-mal."

"The Charter of Rights and Free-doms is the supreme law in Canada and
overrides all other laws," Tucker said after the verdict.

"Shopping malls and supermarkets have no right to come up to you - and
without reasonable or probable grounds - order you to leave. And then
beat you up because you don't go run-ning to the door immediately
because you want to finish your transaction."

With their long, gray beards and colorful woven-hemp hats, the pair
are well-known advocates for the le-galization of marijuana, which
they use as a church sacrament. On the day in question, they were
attracting more attention than usual because they were sporting
red-and-white top hats emblazoned with the Canadian flag.

The six-member jury spent two days deliberating before coming up with
answers to 21 questions put to them by Justice Thomas Lofchik.

  From their answers, the jury ap-peared to find that Tucker and
Bal-dasaro both refused to leave when asked and that their arrests,
therefore, were legally justified under the Tres-pass to Property Act.

However, the jury found the guards used more force than necessary in
arresting Tucker and that he suffered physical injuries as a result.

The plaintiffs were seeking millions of dollars, so Tucker's $15,000
award was a relatively small victory. Baldasaro said he will appeal
the dis-missal of his claim and also challenge the constitutional
validity of the Tres-pass to Property Act.

Although he denies campaigning on the day of his arrest, Baldasaro
argues it would have been legally permissible under the Canada
Elections Act.
__________________________________________________________________________
Distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes.
- ---
MAP posted-by: Richard Lake

 
 


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web:     http://www.crrh.org/

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Date: Thu, 27 Jun 2002 09:32:40 -0700

Subject:US: High Court Upholds School Drug Tests Up TOC

Newshawk: How to be a MAP Newshawk http://www.mapinc.org/hawk.htm
Pubdate: Thu, 27 Jun 2002
Source: Reuters (Wire)
Copyright: 2002 Reuters Limited
Author: James Vicini
Note: Newshawks, please be watching for what the press does with this one. 
Thanks!
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

HIGH COURT UPHOLDS SCHOOL DRUG TESTS

WASHINGTON (Reuters) - A divided U.S. Supreme Court ruled on Thursday
that public middle and high schools can require drug tests for
students in extracurricular activities such as choir or band without
violating their privacy rights.

The high court by a 5-4 vote upheld a program in Oklahoma that
required students who want to take part in after-school activities to
submit to random urinalysis.

The tests, required without any suspicion of drug use, covered
students in grades 7 to 12 who sign up for such activities as
cheerleading, choir, band, the academic team and the Future Farmers of
America club.

On the last day of their term, the justices overturned a U.S. appeals
court ruling that struck down the policy in the Tecumseh School
District in Pottawatomie County for violating constitutional privacy
protections against unreasonable searches.

"Because this policy reasonably serves the school district's important
interest in detecting and preventing drug use among its students, we
hold that it is constitutional," Justice Clarence Thomas said for the
majority.

A student who refuses to take the test or who tests positive more than
twice cannot take part in competition for the rest of the school year.
Students are tested at the start of the school year and then randomly
throughout the year, with names drawn every month.

Ruling Could Boost School Drug Tests

The ruling could boost school drug testing. Over the past three years,
about 5 percent of schools nationwide have required drug tests for
student athletes while about 2 percent have tested students in other
extracurricular activities.

The Supreme Court adopted the position urged by the Bush
administration in upholding the drug tests. At arguments, a Bush
administration lawyer said a school could even test all of its
students without violating their privacy rights.

The Supreme Court last addressed the issue in 1995, when it ruled that
public high schools and middle schools may force student athletes to
submit to drug tests. The Oklahoma case covered extracurricular
activities other than athletics.

In Tecumseh, a rural town about 40 miles (64 km) from Oklahoma City,
two students challenged the policy after its adoption in 1998,
claiming the school failed to show it had a problem with illegal drugs.

The school board defended the program and its authority to adopt tests
to deter and combat drug use.

Of the more than 500 students tested while the program was in effect
during part of two school years, only three students, all athletes,
tested positive. Two of the athletes also participated in other
extracurricular activities.

Justices John Paul Stevens, Sandra Day O'Connor, David Souter and Ruth
Bader Ginsburg dissented.

Ginsburg said the program was unreasonable, capricious and even
"perverse" because it targets for testing a student population least
likely to be at risk for illicit drugs and their damaging effects.


 
 


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End of Restore-Digest V2002 #118
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