cannabisnews.com: The Killing of Peter McWilliams 





The Killing of Peter McWilliams 
Posted by CN Staff on December 02, 2004 at 14:23:37 PT
By Ryan Sager 
Source: Tech Central Station 
As the Supreme Court considers the constitutionality of state medical-marijuana laws, Americans might want to pause to remember a man named Peter McWilliams. McWilliams was killed by the federal government on June 14, 2000.No federal agent put a gun to McWilliams' head or beat him up or threw him into the line of fire, but he died at the government's hands, nonetheless, as sure as if he had been locked in a cell and denied food and water.
McWilliams, a Californian, a computer genius and a poet, had been suffering from AIDS and non-Hodgkin's lymphoma since 1996. And under California's Proposition 215, which passed in 1996 and legalized marijuana for medical purposes in the state, he used pot to suppress nausea and keep down his food and medication.In what many consider to have been a politically motivated prosecution -- McWilliams was a popular author and medical-marijuana activist whose book, "Ain't Nobody's Business If You Do," argued fervently against the criminalization of consensual acts -- McWilliams' home was raided by federal agents in 1997, and he was charged as a drug kingpin with conspiracy to sell marijuana.A federal judge ruled that McWilliams could not rest his defense on his illness or on Proposition 215, which made his actions legal in his state, because federal drug laws superseded California's. McWilliams pled guilty to avoid a 10-year mandatory-minimum prison sentence.While out on bail and awaiting sentencing, prohibited from using medical marijuana, McWilliams died. He was found dead in his bathroom in Los Angeles at age 50. He choked to death on his own vomit -- unable to keep down his medication.Yes, this is an emotional issue, and people's views on it are clouded on all sides.To drug warriors, medical marijuana is nothing but a Trojan horse -- fronted by the chronically and terminally ill -- that hippies want to use to quietly begin legalizing drugs. To hippies -- well, when the drug warriors are right, they're right.To liberals, like those on The New York Times editorial page, medical marijuana sounds like a great idea -- but they don't want this states' rights thing taken too far, lest the federal government be prevented from intruding some time in the future, when the Times wants it to. To conservatives, like those in the Bush administration, states' rights are great and all -- unless the particular states in questions aren't far enough to the right.So, who can be believed? Who is arguing in good faith? There are always the patients themselves.While various groups with various agendas argue their various points in the debate over medical marijuana, there's one group whose interests are simple to understand: those suffering from AIDS, cancer, glaucoma, muscular dystrophy and other ailments that can find some relief from marijuana.These people are not hippies trying to get around our federal drug laws to get high (hippies and all other Americans already get high whenever they want to), and they're not political activists trying to roll back the powers of the federal government (they'd send checks to the libertarian Cato Institute if they wanted to do that). They're just people who have been subjected to terrible suffering but have also found something that helps them.Marijuana is not a traditional drug, and therefore the prohibitionists have demanded proof of its medical properties. At the same time, of course, the federal government has made it all but impossible to study it.The burden of proof, however, should be on those who seek to prohibit sick people from putting a substance known to be relatively harmless into their bodies. Patients who rely on medical marijuana -- and I've talked to some -- by and large would rather not. These are often elderly people, even veterans, who would greatly prefer more conventional means of treatment. But what works, works, and they're not willing to suffer needlessly.In oral arguments on Tuesday, the Supreme Court seemed very skeptical that states have any right to carve holes in federal drug policy. Such a conclusion would show that the conservative court's commitment to federalism is weak at best -- opportunistic at worst.But patients don't care about the legal questions, here.What they care about is that a way be found to prevent them from meeting the same fate as Peter McWilliams -- being hunted by federal drug agents, denied their medicine and consigned to suffering and/or death.If democratic initiatives in 10 states are held invalid by the Supreme Court, this battle will move to Congress. Then, our nation's legislators will have to decide whether they have the stomach to kill it in broad daylight.Ryan Sager is a member of the editorial board of The New York Post. He also edits the blog Miscellaneous Objections and can be reached at: editor rhsager.comSource: Tech Central Station (Web)Author: Ryan SagerPublished: December 02, 2004Copyright: 2004 Tech Central Station   Contact: editor rhsager.comWebsite: http://www.techcentralstation.com/Related Articles & Web Sites:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmPeter McWilliams Memorial Pagehttp://freedomtoexhale.com/Peterm.htmStates' Rights Defense Falters in MMJ Casehttp://cannabisnews.com/news/thread19912.shtmlMust The Ill Be Made To Suffer for Meager Gain?http://cannabisnews.com/news/thread19910.shtml
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Comment #18 posted by dr slider on December 03, 2004 at 08:14:21 PT:
trojan horse
The fight over medcan is so vicious both because it taps the most deeply embedded prejudices that is the fruit of ~70 years of propaganda, and it is the lynchpin in the ban on industrial hemp. The latter being the real issue. Hearst didn't demonize "marijuana" because of its cornicopia of pharmacopia, but because a new method was developed to efficiently harvest hemp. While the "traditional" (every time they say cannabis isn't traditional but vioxx is I see red) drug dealers would be routed by medcan approval, the scope of the change in the cotton, timber, oil, building materials, and military industries et al. would more than rattle the cage of current power structures.I don't expect a win for Angel for this very reason. This govmunt is wrapped around the fingers of these companies and as a result free cannabis will not come about in this part of the world until this cabal of lunatics is brought to its knees. This is the society destroying power that the prohibs are so afraid of.
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Comment #17 posted by ElPatricio on December 02, 2004 at 23:01:34 PT:
Quark Hits a Home Run
Charmed Quark had this to say: "For years, I felt that medical marijuana was an entirely separate issue from recreational legalization. But if the Supremes rule unfavorably, I now feel that legalization will be the only way to get medical marijuana to those who need it. It's the Feds who are forcing these two issues to be conflated into a single issue, and it looks like they have suceeded."I feel the same way, CQ. (Did you know CQ is newspaper slang for, "Yes, I know this is funny spelling but leave it alone. It's correct." Every now and then, you'll see a CQ in parentheses that a copy editor forgot to remove. Oops!)I've been a personal-use advocate since, as the flippant scientists say, I bio-assayed cannabis as an undergraduate student in 1967. Coming from an Irish-Catholic family with more than its share of alcohol problems, I learned quickly that pot smoking simply didn't have alcohol's downside, from the toxic episodes vomiting into a toilet, to the hidden calories, to the stuporous hangovers.I lived in Venice Beach when Jack Herer and Capt. Ed Adair opened the Hemp Merchant of Venice, and it didn't take me long to accept the thrust of Jack's argument -- that anything you can make from a barrel of oil or a tree can be made instead with hemp at a fraction of the environmental cost.When I started covering the medical-cannabis movement for the Auburn Journal in 1999 following the arrest of Steve and Michele Kubby, I could not understand the hostility toward it by law enforcement.Not long afterward, the DEA cracked down on hempseed food, even though it had not lifted a finger against hemp food for the first 30 years of the Controlled Substance Act's existence. And each year the DEA went after the hemp crop of Alex White Plume of the Oglala Sioux Tribe, despite the indigenous clan's nominal sovereignity.As I studied the history of prohibition, I learned about the suppressed research on cannabis that NIDA funded in the 1970s, which was supposed to answer the final questions about the effect of pot on longterm, chronic smokers. (If you haven't read them, try to track down the studies done in Greece, Jamaica and Costa Rica.)The opposition to medical marijuana makes no more sense than the prohibition of THC-free hemp, but the war on drugs is anything but a rational policy. People being people and reluctant to view themselves as villains, prohibitionists are forced to believe the lies, distortions and anecdotal science they spew.Approving the use of cannabis as medicine is simply a no-brainer. Yet, law enforcement in California has been largely unwilling to distinguish between personal use and medical use. I hope the Supreme Court does the right thing, but even if they do, it's hard to imagine state legislatures acting with more courage than they have demonstrated so far.It's for that reason that I believe CQ and Lester Grinspoon are right -- patients will only have access to marijuana when everyone does. 
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Comment #16 posted by FoM on December 02, 2004 at 19:54:17 PT
Homeland Security Pick
EX-NYPD Chief Kerik Made the City Safe Friday December 3, 2004 Associated Press Writer WASHINGTON (AP) - As New York's police commissioner, Bernard Kerik became known after the Sept. 11 attacks as the fierce, sorrowful face of his reeling department. But the former undercover cop has been confronting danger for decades. His expertise as a crimefighter and his oversight of the NYPD's heroic efforts during the 2001 terrorist attacks earned him international fame and a role as a special adviser to the Iraqi government, which drew on his help to establish a fledgling police force after the toppling of Saddam Hussein. Complete Article: http://www.guardian.co.uk/worldlatest/story/0,1280,-4650418,00.html
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Comment #15 posted by FoM on December 02, 2004 at 19:47:17 PT
13th step
If it's only in your head then why is it mine too? I'm just kidding but I can't find peace with Bush and his right wing agenda. I am hopeful that we will prevail but we've been kicked so hard so many times that we have a right to get down now and then.
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Comment #14 posted by 13th step on December 02, 2004 at 19:39:58 PT
Thanks guys...
Don, FoM, and everyone else here, you all do give me hope.It's just some days, all is so negative inside my head.I just have to remember that, that it's in my head.Cheers.
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Comment #13 posted by siege on December 02, 2004 at 17:44:03 PT
DAM WHEN ARE THEY GOING TO WAKE UP!!!!  
I don't know how to say this the state I live in, I heard sold 
700,000 LB. of weed, I would say some one had a good summer. 
They just lost BIG TAX DOLLARS HERE Sold for $4,840,000,000,
At TAXS .091/4 on the dollar. that would be about 400,000,000
      
 
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Comment #12 posted by siege on December 02, 2004 at 17:01:32 PT
 runruff
Brainwashing.
when the military used L S D on us in the 60's and they did not tell us they where. you never seen the likes of it, we lost some, and others had to be tied down, We all could have used a joint to brake it down, it was bad news every thing was messed up for a long time and even know it comes back. and with flashe backs of Nam it is scary as h*ll.
 
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Comment #11 posted by FoM on December 02, 2004 at 16:59:27 PT
OverwhelmSam
It isn't just you. Yes it is going mainstream!
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Comment #10 posted by OverwhelmSam on December 02, 2004 at 16:51:41 PT
Is It Just Me...?
Or is marijuana going mainstream media? I'm lov'in it.
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Comment #9 posted by lombar on December 02, 2004 at 16:29:42 PT
Sometimes in moments of despair I think...
"Blessed are the peacemakers for they are the children of God."...and that is all of you trying to end the drug war. People who fight to stop war are the "good". People who constantly make war of any kind, cause death and mayhem, are evil. The only holy wars are those against suffering and needless death, ignorance, hatred and greed, and those wars are not fought with tanks and missle defence shields...they are fought with kindness, patience, and compassion. If you build your 'house' on the rock of truth, you shall prevail, the lies will be swept away. It is our duty to see that the many victims of the drug war did not die in vain. Those that have passed and the many who suffer yet spur us on to fight the evil that is prohibition.I watched this pot-tv news and was completly horrified at the callous disregard shown for lives by the murderers in helicopters. http://www.pot-tv.net/ram/pottvshowse3263.ramIt is an offence to peace and those who love life. Murder in the name of the war on some drugs. Absolutely outrageous!!!
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Comment #8 posted by siege on December 02, 2004 at 16:24:39 PT
ASA== HHS
On December 4, we are due some sort of response. We expect that response
will be that they want additional time to do an FDA review.*This Week's Action:*Educate HHS about cannabis as medicine. We call on all patients, caregivers and doctors on our lists to share their testimony about how cannabis has helped them medically or how they have seen cannabis help the ones they care for medically. Send your testimonial (no more than one page) to: testimonials SafeAccessNow.org  We will send them on to the key regulators.Please invite your friends, family, your doctor and other medical
professionals to also send a testimonial in support of cannabis as medicine!We're looking for personal stories that focus on the human side of this issue. What condition(s) are you suffering from and how does cannabis give you relief? How long have you been using cannabis to treat the symptoms of your condition? How has prohibition affected your access to cannabis? How does your family react to your medical use? Talk about your doctor's support for cannabis.We will send completed testimonials to the Department of Health and Human Services to remind them of the patients whose health is in their hands!
*
*-- 
Stacey Swimme
Field Manager
Americans for Safe Access
1700 Shattuck Ave. #317
Berkeley, CA 94709
510-486-8083
www.SafeAccessNow.orgJoin the fight for medical marijuana rights!
To receive ASA alerts, email asa-subscribe lists.riseup.netAmericans for Safe Access is a Project of Social and Environmental Entrepreneurs (SEE), a registered public charity, which provides non-profit status. Your donation is fully tax deductible.
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Comment #7 posted by runruff on December 02, 2004 at 16:21:01 PT:
Brainwashing.
To me brainwashing is a strange and mysterous thing. I think 
I have been brainwashed on occasion in my 58 years. It is funny how it works, it's funny how it effects us. How we think at the time we are in the "know". How anything that don't agree with what we know is just wrong. I've been in church I've been in the military and both times I have witnessed my own thought processes being shaped and molded to fit some ideal or belief. I think in my case it just didn't stick is all. I guess I'm an incurable self thinker.I have seen brainwashing at it's worst up close and personal too, however. When 40 D.E.A agents all pointed guns at my head for my activity as a guerrilla gardner. I spoke to these mostly young people once they had me "subdude" and they are brutal in their methods, rightious in their
beliefs. and totaly ignorant about the truth of their mission.A lot of what we up against is brainwashing pure and simple.
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Comment #6 posted by FoM on December 02, 2004 at 15:49:06 PT
charmed quark
I am so upset because of Bush that it's hard for me to have any hope at all. I believe in our cause though. We have made progress because the mmj movement has heart.
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Comment #5 posted by charmed quark on December 02, 2004 at 15:42:00 PT
Timely reminder
A timely reminder of the power of the state to kill us for no reason.Getting back to the discussion we were having in an earlier posting: The reason I'm discouraged is this - Only a few states have public referendums. Nearly all ( or maybe all) of these states have passed med. marijuana laws. The rest of the states will have to do this by state legislation. If the Supremes rule against the right of states to have med. marijuana laws that conflict with federal laws, then I believe few legislators will consider voting for such laws.For years, I felt that medical marijuana was an entirely separate issue from recreational legalization. But if the Supremes rule unfavorably, I now feel that legalization will be the only way to get medical marijuana to those who need it. It's the Feds who are forcing these two issues to be conflated into a single issue, and it looks like they have suceeded.So people like me who primarily are worried about medical marijuana access ( even though I am very aware of the ills caused by our insane drug laws) will now have to throw in our lot with the recreational legalizers. Maybe in the long run that will be a good thing.-CQ
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Comment #4 posted by FoM on December 02, 2004 at 15:39:39 PT
dongenero
Thank you for helping 13th step. That so true what you said. 13th step hang in there. You are not alone.
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Comment #3 posted by dongenero on December 02, 2004 at 15:31:53 PT
we're all together 
We all have our ups and downs in this thing 13th step.
One of the benefits of this little community here is the support you can feel from it. You feel less isolated on the issue. Yes, that Souder guy is a piece of work isn't he? It's funny how these people that seem to place themselves as being on the highest moral ground are usually the most intolerant, rigid and uncompassionate people such as Souder. They have only black and white thinking, "you're with us or against us." 
Interestingly, I understand this black and white thought process is a trait of alcoholism. I'm not saying Souder's an alcoholic, as I don't know. Bush is an alcoholic (recovered?). He certainly suffers from this black and white mentality. These black and white thinkers also seem to be drawn to Evangelical Christianity as well.These people have a narrow definition of morality, based on a few precise ideals they adhere to, without much critical thought. Maybe the problem is that they are used to blind belief. It's easier that way...believe what you are told is the TRUTH and don't question, just defend the belief fiercely. Be it the Bible,  the Koran or Prohibitionist mumbo jumbo.Hang in there 13 step. Reason must prevail.
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Comment #2 posted by 13th step on December 02, 2004 at 14:49:02 PT
When I think of..
Stories like McWilliams, Magbie, etc, I get even more sad than usual.It only makes me think "How many others?"And then I get to read things about Souder, and his ilk, with their rampant hatred for all things. And how it seems like a neverending battle, and I wonder if this battle will ever be won.And most days, I have to tell you all, I don't think it will ever change.Sorry..
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Comment #1 posted by FoM on December 02, 2004 at 14:33:37 PT
Peter McWilliams
He will be forever missed.
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