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FC: Proposed sentencing guidelines make Ecstasy same as heroin
From: Declan McCullagh <declan () well com>
Date: Sun, 04 Feb 2001 20:59:15 -0500
[It is true that this is an abridgement of liberty, but it is a mischaracterization ("presidential dictatorship") to depict the GOP as substantially different from the Democratic Party here. The law in question (http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.4365.ENR:) was approved by the Senate unanimously last fall, and by the House in a 394 to 25 vote. Read on for info on how to submit your comments, deadline Monday afternoon. --Declan]
******** From: "Danny Yavuzkurt" <ady1 () psu edu> To: "Declan McCullagh" <declan () well com>Subject: New federal sentencing guidelines would make Ecstasy equivalent to heroin
Date: Sun, 4 Feb 2001 15:10:30 -0500 MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Priority: 3 X-MSMail-Priority: Normal Declan - thought this could be of interest to free thinkers everywhere. The government's now considering new sentencing guidelines that would make possession of Ecstasy punishable as if it were heroin. This is a ridiculous proposition, as the two drugs are light-years apart in terms of action, effect, addictivity, and danger to the user. This is nothing more than a governmental attempt to appear to be 'doing something' about the rise in drug use among young people - lock 'em up. I have doubts that the government even knows what Ecstasy really is, let alone what it really does. To them, it's just another methamphetamine. But at least they're allowing public "comment" (for only ten days, and they certainly didn't 'announce' this). Thought you might want to weigh in on this, as you've certainly got more clout, and more people might listen to you than to me, regardless of the message. I really feel that the government is not conducting a war on drugs so much as a war on freedom, a war on the people, and most especially a war on youth. I can't believe they would continue with the failed policies of yesterday - building more prisons, filling them with innocent people, and blaming those they incarcerate for breaking a law that was _created_ to put them in jail. It just makes me sick. Here's a copy of the DanceSafe e-news mailing I got concerning this.. there's still time for comments, so please, send in your thoughts... and if you want, you can post this to F-C, too, if you think it's on-topic enough. Hope this interests you.. it sure sickens me to think of the further abrogations of personal freedom we'll suffer under this illegitimate presidential dictatorship.. +++++++++++++++++++++++++++++ *** DanceSafe E-News *** Issue No. 4, February 1-7, 2001 +++++++++++++++++++++++++++++ To SUBSCRIBE visit http://www.dancesafe.org To UNSUBSCRIBE send e-mail to: newsletter-subscribe () dancesafe org To read this issue on the web, visit http://www.dancesafe.org/dsnews.html Other important links and contact info below. ++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++++++++++++++++++++ In this issue: 1. New Pill Results Available Online 2. New DanceSafe Chapters in Calgary, NYC, Philly 3. Ecstasy Sentencing Alert from Alchemind! 4. Deja Vu All Over Again? The Toronto Raver Information Project Comments on the U.S. Crackdown on Raves 5. Getting Home Safely: Driving Tips for Late Nights Welcome to Issue #4 of DanceSafe E-News. First, a huge THANK YOU to all who responded to last week's media alert -- the letters we saw were terrific. And thanks also for your comments on Mike Males' "counter-review" of the movie "Traffic." Please continue to send your thoughts, ideas and suggestions about E-News to editor () dancesafe org. We read every single e-mail, and your input helps shape this zine and other DanceSafe projects. Take a close look at the Ecstasy sentencing alert from Alchemind, reprinted below. DanceSafe is concerned about how increased penalties for all drugs can affect the health and safety of everyone. Think about it, and then tell the U.S. Sentencing Commission your opinion. But hurry! The deadline for comments is Monday, February 5. -The DanceSafe E-News Staff ++++++++++++++++++++++++++++++++++++++++++++++++ 1. New Pill Results The latest results from DanceSafe's laboratory pill testing program are available online at http://www.dancesafe.org/currentresults.html The results are current through January 25 and include sample pills from several states with contents ranging from MDMA to PCP. To participate in this free, anonymous program, follow the instructions online at http://www.dancesafe.org/howtosendinapill.html ++++++++++++++++++++++++++++++++++++++++++++++++ 2. New Chapters in Calgary, NYC, Philly In the past month, DanceSafe welcomed DanceSafe Philadelphia, Calgary Ravesafe, and DanceSafe New York City as our newest chapters. To contact them, or to find another chapter near you, see http://www.dancesafe.org/findachapter.html To learn how to start a chapter in your area, see http://www.dancesafe.org/startachapter.html ++++++++++++++++++++++++++++++++++++++++++++++++ 3. Ecstasy Sentencing Alert Courtesy of the Alchemind Foundation, http://www.alchemind.org The Federal Government Intends to Increase the Punishment for MDMA (Ecstasy) offenses, so that Ecstasy is treated (for the purposes of federal sentencing), the same as heroin. What you can do: The Center for Cognitive Liberty & Ethics is coordinating the submission of public comments to the Sentencing Commission. Indications are that the Commission genuinely seeks input on the question of how federal Ecstasy offenses should be punished. BUT, ALL COMMENTS MUST REACH THE COMMISSION BY MONDAY, FEBRUARY 5, 2001. Please see Section 4, below, for how you can help. 1. Background Under the Ecstasy Anti-Proliferation Act of 2000 (section 3664 of Pub. L. 106-310), Congress instructed the U.S. Sentencing Commission to increased penalties for the manufacture, importation, exportation, or trafficking of Ecstasy. The directive specifically requires the Commission to increase the base offense level for 3,4-methylenedioxy methamphetamine (MDMA), 3,4-methylenedioxy amphetamine (MDA), 3,4-methylenedioxy-N-ethylamphetamine (MDEA), paramethoxymethamphetamine (PMA), and any other controlled substance that is marketed as Ecstasy and that has either a chemical structure similar to MDMA or an effect on the central nervous system substantially similar to or greater than MDMA. 2. The Commission's Proposed Amendment Equates MDMA to Heroin Unless convinced otherwise, by comments submitted no later than Monday, February 5, 2001, the Sentencing Commission proposes to amend the Sentencing Guidelines so that MDMA, MDA, MDEA, and PMA, are all equated, under the Drug Equivalency Table, to heroin. Thus, federal offences involving any of the above substances would be punished, gram-for-gram, as if the offense involved heroin. (See Technical Addendum, for precise details). 3. Public Comments are Invited on Alternatives Here is exactly what the Sentencing Commission's official notice states with regard to the proposed Amendment, and the consideration of alternatives: It has been represented to the Commission that Ecstasy (i.e., MDMA, MDEA, MDA and PMA) is similar in its hallucinogenic effect on the user to mescaline, and also has been described as having an added stimulant component that can elevate heart rate, blood pressure, and body temperature. It has also been suggested that the drug is neither physically nor psychologically addictive. The Commission invites comment on these representations and on the appropriate penalty structure for Ecstasy. The proposed amendment treats Ecstasy as being of comparable seriousness to heroin, providing a marihuana equivalency for Ecstasy that is the same as heroin. Accordingly, for sentencing purposes, 1 gm of Ecstasy will be the equivalent of 1 kg of marihuana. Should the Commission alternatively treat Ecstasy comparably to some other major drug of abuse? For example, should the Commission treat Ecstasy as being of comparable seriousness to powder cocaine (which would result in a marihuana equivalency for Ecstasy of 200 gm) or methamphetamine mixture (which would result in a marihuana equivalency for Ecstasy of 2kg)? Or should the penalty be comparable to that for mescaline (which would result in a marihuana equivalency for Ecstasy of 10 gm) or some multiple of the penalty for mescaline? Comment also is requested regarding whether the Drug Quantity Table in section 2D1.1 should be revised with respect to Ecstasy to provide additional incremental penalties (perhaps with exponential quantity increases) so as to punish more severely those offenders who traffic in larger quantities. 4. What You Can Do - Act Fast: deadline is Monday, February 5, 2001 The Sentencing Commission is acting under its "emergency" authority and is therefore allowing only 10 days for the submission of public comments. All submitted materials must reach the Commission by 5:00 p.m. (Eastern time), Monday, February 5, 2001. The Center for Cognitive Liberty & Ethics is coordinating the submission of public comments to the Sentencing Commission. The Sentencing Commission has assured us that our compiled comments will be considered, but you must have your comments to us no later than 10:00 a.m. (Pacific Time) on Monday, February 5, 2001. Please reread section (3) above, and prepare a written statement pointing out any inaccuracies in the Commission's statement and responding to the Commission's specific questions. Please reference your points with citations to published articles whenever possible. If you are someone with credentials in the area of pharmacology, drug use, or drug abuse, please include a copy of your CV. E-mail your materials as attached files to "rgb () cognitiveliberty org" or fax them to us at: 530-753-9662, no later than 10:00 a.m. (Pacific Time) on Monday, February 5, 2001. The Center for Cognitive Liberty & Ethics will compile these materials and submit them to the U.S. Sentencing Commission by 5:00 p.m. Eastern Time that same day. For Further information, contact Richard Glen Boire, Esq., Center for Cognitive Liberty & Ethics, Telephone: (530) 750-7912, or e-mail: rgb () cognitiveliberty org. Inquiries to the US. Sentencing Commission should be directed to Michael Courlander, Public Affairs Officer, (202) 502-4590. About the Center for Cognitive Liberty & Ethics: The Center for Cognitive Liberty & Ethics is a nonpartisan, nonprofit, law and policy center working in the public interest to protect fundamental civil liberties. The Center seeks to foster cognitive liberty - the basic human right to unrestrained independent thinking, including the right to control one's own mental processes and to experience the full spectrum of possible thought. The Center is funded by the Alchemind Society: The International Association for Cognitive Liberty. Web site: http://www.alchemind.org. Technical Addendum: The actual proposed amendment reads: The Commentary to section 2D1.1 captioned "Application Notes" is amended in Note 10 in the Drug Equivalency Tables in the subdivision captioned "LSD, PCP, and Other Schedule I and II Hallucinogens (and their immediate precursors)" in the line referenced to "MDA" by striking "50 gm" and inserting "1 kg"; in the line referenced to "MDMA" by striking "35 gm" and inserting "1 kg"; in the line referenced "MDEA" by striking "30 gm" and inserting "1 kg"; and by inserting "1 gm of Paramethoxymethamphetamine /PMA = 1kg of marihuana" after the line referenced to "MDEA." Under the Commission's proposed amendment, 1 gram of MDA, MDMA, MDEA, or PMA would be equated to 1 gram of heroin. Thus, the punishment for federal "Ecstasy" offenses would be the same as that imposed for federal offenses involving the equivalent amount of heroin (by weight). In comparison, 1 gram of mescaline is presently equated to 10 grams of marijuana; meaning that an offender receives the same punishment for 1 gram of mescaline as he or she would receive for 10 grams of marijuana. Currently, 1 gram of MDMA is equated to 35 grams of marijuana. Under the proposed amendment 1 gram of MDMA would be equated to 1000 grams (1 kg) of marijuana (the same equivalency currently used for heroin). Useful Resources: Other drug equivalencies and commentary can be found under section 2D1.1 of the Sentencing Guidelines, available online at http://www.ussc.gov/2000guid/2d1_1.htm ++++++++++++++++++++++++++++++++++++++++++++++++ 4. Deja Vu All Over Again? The Toronto Raver Information Project Comments on the U.S. Crackdown on Raves Interview by Jane Tseng, DanceSafe The Toronto Raver Info Project (TRIP) is a community based peer education and harm reduction group in Toronto, Canada. TRIP was founded approximately five years ago and works out of Queen West Health Center. They have established themselves as experts in health issues surrounding the late night dance music scene in Toronto through their community forums and booth outreach services at events. In light of recent events in New Orleans, E-News talked with Erin Lewis, Project Director of TRIP about how they worked with city officials and the rave community a year and a half ago when the city of Toronto placed a ban on raves E-News: How would you compare the recent events surrounding raves in the United States to the government crackdown on raves in Toronto last year? Lewis: There are a lot of things that are very familiar, they sound very much like what was going on here in Toronto last year. The city was saying that raves are warehouses of sin. There was story in the newspaper wheret hey took pictures of ecstasy pills and put them next to a table full of guns, saying that all of these drugs and these guns were confiscated at raves, when the reality is that there has never been a gun found out a rave in Toronto. They really sort of played up on the hazards of the environment saying that there weren't any washrooms and people were filling their water bottles up out of toilets and things like that. In response, what they did was ban raves off of the city's property, because the city doesn't support this kind of behavior. They said "You can't have anything there, because your parties are too dangerous". The problem was that the city property, the exhibition grounds in Toronto, is the most safe environment for large gatherings of people, because that is what it was built for. It is adequately zoned, it has exits, hundreds of toilets, running water, and its own security. E-News: How did the ban on raves and the negative public attention on the rave scene affect the harm reduction work that TRIP does? Lewis:. Trip actually had to sit through this inquest into the death of a guy who died on ecstasy a year and a half ago at a party. We went through having our information out there on trial...having all of these powerful people from the city pulling apart everything in our information, telling us, "You're promoting drug use." They were saying that information like ours contributed to his death, and that we were making people want to use drugs. That was absolute hell. But we're still kicking, right? E-News: What steps did TRIP and the community take to react to the government crackdown? Lewis: We did a lot as TRIP and the Toronto Dance Safety Committee, whose chair was the project manager of TRIP at that time. The Party People Project, which is a community activism project that started out of one of TRIP's community forums, is a group of about 150 people from the rave community in Toronto that also happened to be politically active. They were also very loud and very political. They took every measure to fight the government in the crackdown and really worked to mobilize themselves. When the city government was deciding whether or not to keep the ban in place, the Party people Project and the Toronto Dance Safety Committee put together a huge information package and an accompanying video that really went in depth to dispel all of these myths about the community. They did a lot of political lobbying. One of the things that we did was to organize a large rally at city hall and we were able to pull together about 20,000 people for that. We had say "Hey, we're here, and we dance, and its not just ravers that you would be shutting down through this crackdown". E-News: Did the rave community enlist the support of any other organizations? Lewis: The way that everything was worded in this government crackdown meant that if they were going to be banning raves, they would be banning a number of large exhibitions through the city, a number of multi-cultural festivals, the gay pride ball, and things like that. It really alarmed a number of other communities as well. We really worked to get their support, and to help to fight this. E-News: When the city lifted the ban on raves, did the government create more regulations on how parties would be thrown? Lewis: The protocols for safer dance events was initially carried out by the Toronto Dance Safety Committee, which is affiliated with TRIP. We were very closely involved in writing that protocols and working with the city to find some room for agreement. The police force, and the city of Toronto, and the media were really working together on this to shut down the scene and there are a lot of residual affects from that. There are a lot of protocols in place that make it really hard for people to throw parties in Toronto. It has caused a lot of division among the rave community. People started finger-pointing. Who wants to work with the city on something as sacred as your dance floor? We shouldn't be in this situation anyway. But unfortunately, we had no choice. All of these promoters in the city and all of the party kids in the city could get busted if we hadn't worked with the city to find some common ground. The biggest fight around that was to define what constitutes a rave, and what constitutes a raver. That was a really tough one to define. We had to be very choosy with our words, and very careful as to how we would define a rave, so that other groups that throw events that aren't necessarily raves, wouldn't fall into the same sort of situation. E-News: What experience or advice can you give on how to deal with a situation where your community is being unfairly targeted? Lewis: You have to be really proactive. You have to say, "we're going to fight this, we're going to win." ++++++++++++++++++++++++++++++++++++++++++++++++ Getting Home Safely Driving home in the morning after staying awake all night partying can be dangerous. Below are some suggestions of how to reduce your risk of getting into a car accident. Definite Don'ts *Don't drive if you have been drinking alcohol. Alcohol lowers your reaction time and inhibits motor functioning. Don't drive if you have been using ketamine, GHB, LSD, mushrooms, ecstasy, speed or any other strong psychoactive drug. Even if you have "come down" and think you are fine to drive, these drugs all have residual effects that can impair your driving ability. Even ecstasy and speed, which can make you feel more alert, are dangerous to drive on. These drugs especially can take a lot out of you and make you tired after you come down. It is always better to get a good night's sleep before attempting to drive after using them. *Don't drive if you are too tired or sleepy. If you are feeling sleepy, you may be thinking only about getting home and into bed. However, it is dangerous to drive in this condition. (Note: coffee may keep you awake, but it won't improve your driving ability if you are significantly tired or sleepy.) Ways to prevent getting into a potentially dangerous driving situation *Assign a "designated driver" who agrees to stay sober the entire night and to not exhaust themselves dancing for too long. *Leave the party or rave before you get too tired or sleepy to drive. It's safer to show up early and leave earlier than to show up late and leave later. Know your body's limits. *Take the bus. If you know you are going to stay all night, some raves end late enough in the morning that public transportation systems may be running. *Take a cab. Compared to the price of some raves, and definitely some drugs, cab fare is a relatively minor expense for the safety it provides. Plan to share a cab with others to spread out the costs. Also, think of the great conversations you can get into with the driver. If you find yourself in a potentially dangerous driving situation *Have someone else drive the car who has been sober the whole night or is more rested than you. *Take a bus or a cab and come back later to get your car. *Go home with someone else and come back later to get your car. *Make sure somebody stays awake along with the driver and keeps conversation going. Have this person sit in the front passenger seat. Talking to a sleepy driver helps keep them awake and alert. *When all else fails, lock your doors and sleep in your car! (Keep in mind, however, that in some states even having your keys in the ignition constitutes driving under the influence. If you are intoxicated, you may want to hide your keys in the tire well or under the hood, so it is clear to any police officer who may approach you that you were never driving in that condition.) You'll find this and other important health and safety information online at the DanceSafe web site, http://www.dancesafe.org ++++++++++++++++++++++++++++++++++++++++++++++++ The contents of E-News are (c)2001 DanceSafe and Respective Authors unless otherwise noted. Permission is hereby granted to freely reprint & reproduce DanceSafe E-News as long as proper credit is given, including links where appropriate. ++++++++++++++++++++++++++++++++++++++++++++++++ ++++++++++++++++++++++++++++++++++++++++++++++++ ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if it remains intact. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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- FC: Proposed sentencing guidelines make Ecstasy same as heroin Declan McCullagh (Feb 04)