Marijuana Smoke Out News October - December 1998 Table of Contents OCTOBER
|Marijuana Smoke Out of October 1, 1998|
|Marijuana Smoke Out of October 8, 1998|
|Marijuana Smoke Out of October 15, 1998|
|Marijuana Smoke Out of October 22, 1998|
|Marijuana Smoke Out of October 29, 1998|
Marijuana Smoke Out of November 5, 1998
|Marijuana Smoke Out THANKSGIVING DAY November 26, 1998|
|Marijuana Smoke Out of December 3, 1998|
|Marijuana Smoke Out of December 10, 1998|
Marijuana Smoke Out of October 1, 1998
These Smoke outs began on January 15th
with Dr. Julian Heicklen, a retired Professor of Chemistry from Penn State
who is trying to change the marijuana laws. His trial on marijuana
possession charges (from smoking only at the rallies) is this coming Wednesday,
October 7th at the Bellefonte County Courthouse at 9:00 a.m. At the
trial, Julian will be attempting to convince
his jury to find him not guilty on the basis that the laws which criminalize marijuana are silly, dangerous, and should not exist. In effect, if juries refuse to convict on marijuana charges, this would nullify marijuana prohibition in a process called jury nullification. However, the Centre County court is making it almost impossible for Julian to present an adequate defense. The trial should be extremely educational and entertaining. We would like to have many people attend to show their support. If transportation is a problem, please call Carla Moquin at 814-867-1540 or email her at firstname.lastname@example.org and she will coordinate car pools.
Also, on Thursday, October 15th at the Noon-1:00 rally at this location, Ken Krawchuk, the Libertarian Candidate for Governor in Pennsylvania, will speak. Please come to talk to him and learn more about libertarianism.
Please feel free to hold a sign during
the rally. Also, for $1.00 each, we have "Free Julian Heicklen"
buttons available at the table--all proceeds will go directly toward financing
further protests of marijuana laws. Also, if anyone is interested
in purchasing books about marijuana and legalization or a videotape of
previous smoke outs, please come talk to us for more information.
We ask that no one under 18 years old smoke marijuana. We appreciate your support, but if minors smoke, it will hurt our cause. If arrested, give only your name and address. Go limp and make the officers carry you away from the demonstration. Plead not guilty and ask for a speedy jury trial.
If you are attacked by either police or
bystanders, go into the fetal position and use your hands to protect your
head. Under no circumstances, even if provoked, use violence.
Thank you for your cooperation.
Marijuana Smoke Out of October 8, 1998
by Julian Heicklen and Charlie Miller
Hello! Thanks for coming out. I wish
to thank the citizens of Centre County for the opportunity to demonstrate
the arrogance of the Centre County Court System yesterday. In a court
of law in which the accused is supposed to be
presumed innocent, in a court of law in which the judge is supposed to be neutral, the prosecuting attorney Mr. Sloan had little to say because of all of the interruptions and objections given by Judge Brown.
Of course the jury found Dr. Heicklen guilty-Dr. Heicklen was not allowed to show a video tape taken during the crime. Of course the jury found Dr. Heicklen guilty-Dr. Heicklen was not allowed to use Jury nullification as a defense. Of course the jury found Dr. Heicklen guilty-Dr. Heicklen was not allowed to bring in expert witnesses to act on his defense. Of course the jury found Dr. Heicklen guilty-the jury was not one of Dr. Heicklen's peers. Dr. Heicklen showed that the court system had no proof that it even tested the cigarettes for marijuana. Dr. Heicklen showed that the court system tests for a legal compound. Dr. Heicklen showed that the court system does not use peer review as part of its methodology for making scientific discoveries. Dr. Heicklen showed that the court system knows nothing more than how to operate machines used to detect the presence of marijuana. Dr. Heicklen demonstrated that he is a person of good character and a positive role model in society. Dr. Heicklen demonstrated that he did not have criminal intent when smoking the cigarette. Dr. Heicklen demonstrated that the jury had the ability to rule him not guilty.
It is unfortunate that 12 jurors' time
was taken passing judgment on Dr. Heicklen instead of using their time
to pass judgment on how the court system operates. It is unfortunate
that the jurors could not witness how
the court system imposed excessive bail requirements. It is unfortunate that the jurors could not hear the testimony of expert witnesses acting on behalf of Dr. Heicklen. It is unfortunate that the jurors could not see Dr. Heicklen's video taken during the arrests when the crimes supposedly happened. It is unfortunate that the jurors have been fed lies about drugs all of their lives and were so willing to brand Dr. Heicklen a criminal instead of a savior. Dr. Martin Luther King broke the law and was punished. Mahatma Gandhi broke the law and was punished. We are no different.
Will this setback slow our efforts? NO! We have the facts concerning the benefits of marijuana on our side. We have the facts of the futility of the drug war on our side. We have human compassion and reason on our side. We
have a corrupt and inefficient government opposing us. Eventually, we will win. It is simply a matter of time.
I ask that no-one under 18 years old smoke
marijuana. We appreciate your support, but if minors smoke, it will hurt
our cause. If arrested, give only your name and address. Go limp and make
the officers carry you away from the
demonstration. Plead not guilty and ask for a speedy, jury trial. If you are attacked by either police or bystanders, go into the fetal position, and use your hands to protect your head. Under no circumstances,
even if provoked, use violence. Thank you for your cooperation.
Marijuana Smoke Out of October 15, 1998
by Julian Heicklen
Hello! Thanks for coming out. I am Professor Julian Heicklen, and I believe in freedom. The criminal cases for my arrests of June 22, 1998, in Bellefonte and July 9, 1998, at the Pennsylvania Festival of the Arts in State College have been dismissed by the District Attorney. Apparently District Attorney Gricar has informed the press that the cases have been dropped, because Professor Heicklen has learned a lesson.
District Attorney Gricar is correct. I have learned a lesson from my trial of October 7, 1998, for the arrests of February 12, March 19 and 26, and April 2, 1998. The lesson that I learned is how corrupt the courts are.
I was tried for possession of a small amount of marijuana on October 7,
1998, as a result of my smoking at four marijuana smoke outs in State College.
Prior to the trial, Judge Charles C. Brown, Jr. issued orders denying me
the right to introduce jury nullification or a justification defense, both
of which are recognized legal defenses. He
denied witnesses that I had subpoenaed. He prohibited the showing of a video tape of the marijuana smoke outs. Imagine that! I could not introduce as evidence video tapes of the alleged crime. He informed both the prosecution and defense that it would be limited to 15-minute opening statements and 20-minute closing statements. I though that this was a court trial, not a timed sporting event. It didn't make any difference how much you had to say, you couldn't say it all.
At jury selection, Judge Brown informed the jury, over my objection, that I was being tried for possession of a small amount of marijuana and with intent to distribute. Before the trial, Assistant District Attorney Sloane informed the judge that was not true, and that there was no intent to prosecute for intent to distribute. At the trial, both Judge Brown and Mr. Sloane admitted the error to the jury. Also several police officers testified that I was not charged with either intent to deliver of possession of paraphernalia.
I proposed three expert witnesses. These were:
a. Lester Grinspoon, Associate Professor
of Psychiatry at Harvard Medical
School. Professor Grinspoon has written several books on Marijuana
b. John Morgan, Head of the Department
of Pharmacology at CCNY Medical
School. Professor Morgan has made a career of studying the medical effects
of marijuana and has written and lectured extensively on the subject.
c. William Regelson, Professor of Oncology
at the University of Virginia
Hospitals. Professor Regelson has testified to the efficacy of marijuana as
Judge Brown denied their appearance. The prosecution presented one expert witness, Mr. Robert Wagner, of the state crime laboratory. He had a master's degree in chemistry, but no training in analysis of marijuana compounds. He co-authored one publication in a different field. Upon examination at trial, he stated that molecular mass did not influence diffusion distances in thin layer chromatography (TLC), when, in fact, it is the most important property determining diffusion distances. He claimed that cis and trans geometrical isomers were the same compounds, an error that a sophomore in chemistry would not be expected to make. Yet he was allowed to testify as an expert.
Mr. Wagner claimed that he examined the seized cigarettes under a magnifying
lens and determined that they were marijuana. However he presented no pictures
of either the sample or of an authentic marijuana
leaf. In fact he presented no evidence at all except his opinion. I have spoken to an expert taxonomist, who informed me that if the leaves were crushed, no identification could be made in this way.
Mr. Wagner claimed that he performed the Duquenois-Levine screening test
for tetrahydrocannabinol (THC). Again he presented no evidence for his
contention that the test was positive. In the scientific literature there
are listed about 20 compounds that give a positive test result.
Mr. Wagner claimed that he performed thin layer chromatography (TLC) experiments
and found THC. He presented no plates or pictures of plates, no spectra
of the isolated spots, no controls, no duplicates, no
differentiation between cis and trans, no evidence that it is the right trans compound, and no diffusion distances. Again, he presented no evidence at all, only his word that he did the experiment, and that the results were
Finally, Mr. Wagner did not present a bound logbook giving the dates and
experiments performed. He presented no evidence whatsoever that he performed
any laboratory test or that he obtained the results he
The ultimate irony is that the bulk of the prosecution's case was that
I possessed THC. However THC is specifically excluded in the law from being
evidence of marijuana possession. Pennsylvania Statute 35-780 defines
marijuana as: "Marijuana consists of all forms, species and/or varieties of the genus Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin; but shall not include tetrahydrocannabinolsS" The reason for this is that THC is a legal prescription medicine.
Originally our purpose was to re-legalize marijuana. We approached the
legislatures at both the state and federal levels. We quickly learned how
corrupt the legislatures are, and that no progress would be made there.
Then we planned one Marijuana Smoke Out to get arrested and bring our case to the judicial system. Because we were denied a speedy trial, we continued the Marijuana Smoke Outs in protest. I still was hopeful that I could
receive a fair trial. From the trial of October 7, 1998, we have learned that was not the case. The courts are corrupted worse than the legislatures. The rule by law has vanished from our land.
Our goals have changed. Re-legalization of marijuana is no longer enough. Our aim now must be to alter the government, but not through violence or force. We must return to constitutional government and a society ruled by reason, not tyranny. If you are attacked by either police or bystanders, go into the fetal position, and use your hands to protect your head. Under no circumstances, even if provoked, use violence.
Our plan to alter the government is a two-pronged one. The short-term tactic
is massive civil disobedience, not just Marijuana Smoke Outs. If the court
won't follow the law, why should we? Our first effort will be to increase
the frequency of the Marijuana Smoke Outs. Our next Marijuana Smoke Out
is planned for this Saturday, October 17, 1998, at the tailgate party of
the football game. We will meet behind the Intra-Mural building four hours
before game time and remain until the game begins. All of you are invited
to attend and participate. Bring your friends. I ask
that no-one under 18 years old smoke marijuana. We appreciate your support, but if minors smoke, it will hurt our cause. If arrested, give only your name and address. Go limp and make the officers carry you away from the
demonstration. Plead not guilty and ask for a speedy, jury trial.
Also I will be involved in a debate with Dr. Thomas Bernard in the recreation room of Pollock Commons on Monday night, October 19, 1998, at 7:00 PM. Again you all are invited to attend, and I hope that you will.
The second prong of our program will be to elect Libertarian Party candidates
to government positions. The Libertarian Party is the party of principle
and freedom. It is unalterably opposed to the criminalization of
drug use. I am pleased to announce that the Centre County Libertarian Party will be running at least 4 candidates for public office in Centre County in 1999. They are Carla Moquin, Samar Lovejoy, Jay Ferguson, and Tom Martin.
This year you have the opportunity to vote for our state wide candidates for U. S. Senator and Governor and Lieutenant Governor of Pennsylvania.
Sitting next to me is Ken Krawchuk, the 1998 Libertarian Party candidate
for Governor of Pennsylvania. Ken is a man of principle dedicated to freedom.
He has attended many of our Marijuana Smoke Outs and stood with
us 100%. If he is elected governor, he has promised to pardon all non-violent drug offenders in our prisons. With his election, the drug war in Pennsylvania will be over immediately upon his taking the oath of office. Vote Libertarian in November. I now have the honor and privilege to introduce you to the man who, with your help, will be the next Governor of Pennsylvania. While he speaks, I will light the torch of freedom! Ladies and Gentlemen, I present to you our next Governor, Ken Krawchuk.
Ken Krawchuk and our local candidates for office in 1999 addressed the
crowd. About 30 of our supporters were there and held signs, but
well over 100 passerbys heard and saw the demonstrations. Heicklen
was the only
person to smoke marijuana on this day.
Smoke Out of October 22, 1998
by Julian Heicklen
Hello! I am Professor Julian Heicklen, and I love our children. I want to do everything I can to protect them, and that is why we are blocking traffic today. Automobile accidents are responsible for more child deaths each year than any other accident and most natural causes. We want to outlaw the automobile. Anyone owning an automobile should be imprisoned.
There are many reasons why the automobile should be prohibited.
These are: 1. Unlike marijuana, which has never been responsible for a single death in all of human history, the automobile kills 44,000 people each year in the United States alone. It maims and injures many more people. 2. Unlike marijuana, which improves the environment, the automobile damages the environment. Its emissions are the chief cause of photochemical smog. 3. Unlike marijuana, which is not criminogenic, the automobile is highly criminogenic. It leads to manslaughter, reckless endangerment, driving under the influence of alcohol, speeding, and parking violations. It also is used in the commission of crimes, such as arson and armed robbery. 4. Unlike marijuana, which has been used as a medicine for 4800 years, the automobile has no known medical use. Marijuana is used to treat glaucoma, epilepsy, multiple sclerosis, asthma, spasticity, pain, and nausea, among other things. No-one has ever recovered from a disease by driving a motor vehicle or even had relief from symptoms. In fact the automobile is responsible for the deterioration of the physical stamina of the American people. If automobile drivers would walk or bicycle instead of driving, they would be in better physical health. 5. Unlike marijuana, the automobile destroys the family and the moral fiber of society. It has ended most extended family relationships, because family members no longer live near each other. It provides teenagers with freedom that they cannot handle. Unlike marijuana, the automobile promotes recklessness and irresponsibility in teen agers. Unlike marijuana, it gives rise to hedonistic impulses, particularly in regard to teenage sex. 6. Unlike marijuana, which is not addictive, the automobile is highly addictive. People deprived of their cars display irritability and irresponsibility. They will do anything to ride a motor vehicle, including hiring taxis and riding buses. They cannot be cured from this addiction. The only way to eliminate this cursed addiction from society is through harsh punishments. 7. Unlike marijuana, which is not a gateway drug, automobiles are gateway vehicles to "Harder" vehicles, such as limousines, taxis, recreational vehicles, buses, and trucks. Everyone who drives these vehicles started with the automobile.
If you love our children, join me in blocking traffic. I ask that no-one under 18 years old block traffic. We appreciate your support, but if minors participate, it will hurt our cause. If arrested, give only your name and address. Go limp and make the officers carry you away from the demonstration. Plead not guilty and ask for a speedy, jury trial.
If you are attacked by either police or bystanders, go into the fetal position, and use your hands to protect your head. Under no circumstances, even if provoked, use violence. Thank you for your cooperation.
About 30 demonstrators and numerous University and State College Police
attended the demonstration. Julian Heicklen and Diane Fornbacher sat in
lawn chairs in the middle of College Avenue blocking traffic for abut 5
minutes until the police carried them away. Diane Fornbacher was removed and arrested by citation by the State College Police. Apparently Julian Heicklen, who was carried away by University police, will not be cited.
A supply of sage cigarettes was prominently displayed on a table at the
rally. Julian Heicklen smoked one, which was seized by the University police.
The University police also seized some of the displayed samples.
Many cars, trucks, and buses that passed by honked in support of the demonstrators.
Marijuana Smoke Out of October 29, 1998
By Julian Heicklen
Hello! Today I would like to address my remarks to the police officers. It is your duty to protect the citizens from harm. We are pleased that you are here, because we appreciate that protection. You have treated us with respect and courtesy. When arrests have been made, they have been executed professionally and with a minimum of harm or inconvenience to any of us.
On occasion you would like to enforce a different set of rules for us than
for others. You object to us using the bullhorn or blocking traffic. However
you have permitted and even participated in the same activities yourself
during the Tour de Tuna on July 29, 1998, and during the Homecoming Parade
on October 16, 1998. The law or lack thereof must
apply equally to everyone. There cannot be one set of rules for peaceful demonstrations of which you approve and another set for peaceful demonstrations of which you disapprove.
You also have arrested us for smoking marijuana. It is immoral to arrest
someone who is minding his own business and not hurting others. You claim
that you just are doing your job and enforcing the law. The Nazis made
the same claim. It does not wash. You have moral responsibility for your own actions, and you will be held accountable for them. If the law is immoral, it should not be enforced. It is easy for you to overlook marijuana smoking
by us and everyone else in your jurisdiction, and you should do so. You should not be willing to participate in tyranny, which is what incarcerating peaceful citizens is.
We will smoke marijuana to protest the unjust, insane, and corrupt anti-drug laws. I ask that no-one under 18 years old smoke marijuana. We appreciate your support, but if minors participate, it will hurt our cause. If arrested, give only your name and address. Go limp and make the officers carry you away from the demonstration. Plead not guilty and ask for a speedy, jury trial.
If you are attacked by either police or bystanders, go into the fetal position, and use your hands to protect your head. Under no circumstances, even if provoked, use violence. Thank you for your cooperation.
About 20 people participated in the demonstration, plus a group of 6 musicians
played music for us. A patrol car with two policemen from the State College
Police and two patrolmen from the Campus Police were present
throughout. Julian Heicklen smoked marijuana, but he was not approached by the police officers.
Marijuana Smoke Out THANKSGIVING DAY November 26, 1998
Noon Thanksgiving day State College
Pa. 46 weeks and still going...With the spector of winter on the horizon,
and not a student in sight, five protesters continued the weekly
protest set up by Dr. Heicklen. The protestors displayed signs for those
traveling or taking in the traditional thankgiving dinner at the Diner.
Cheered by the positve response and horn honking from the passing automobiles,
as well as the good company and conversation the group enjoyed what may
be the last sunny day of the season. At 12:30 John Galt jr reprised
his role as designated smoker and lit the torch of freedom which was passed
among the group.
Marijuana Smoke Out of December 3, 1998
It was a beautiful warm December
day. About 40-50 people gathered together to protest the marijuana
laws in front of the gates at PSU. This is the twelth month that
we have had a weekly marijuana protest. Several people joined us
today. There were several sign holders, people signing petitions
and taking literature. We extended our successful smoke out
to 1:30 p.m. Six people smoked marijuana. The cops showed up near
the end of the rally just to make sure everyone was safe.
Marijuana Smoke Out of December 10, 1998
Today there were about 20-30 people protesting
the marijuana laws. No one smoked marijuana. A police officer
did ask us to stop using the bull horn because it was annoying the people
in the restaurant across the street. A supporter that just had donated
some money, taken some literature, and signed our petition overheard the
officer and said "Can i make a complaint about the noise of the cars
and trucks?" The officer said you can file any complaint you
want (with the roll of an eye) and went on to ask John Galt Jr. not to
use the bullhorn. Dr. Heicklen came in, took the bull horn.
Dr. Heicklen said "I am not going to stop using the bullhorn."
He took the bullhorn and started speaking again. Saying he was once
Penn State proud, but is now Penn State ashamed. A team of
police officers were standing around and monitoring the situation unitl
we packed up and left.
MARIJUANA SMOKE OUTS JANUARY - MARCH 1998 MARIJUANA SMOKE OUTS APRIL - JUNE 1998 MARIJUANA SMOKE OUTS JULY - SEPTEMBER 1998