Sunday, 28 March 2010

MARIJUANA: A CASE FOR JURY NULLIFICATION?

MARIJUANA: A CASE FOR JURY NULLIFICATION?

Jury nullification goes back to the very beginning's of the United States as we know it today. It is one of the crucial rights the Founding Fathers wanted to protect.

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The Fathers themselves wanted juries to be the final bulwark against tyrannical government laws.

Which is one of the reasons why they emphasized

the right to a jury trial in three of the first ten amendments to the Constitution.
But what exactly is 'Jury nullification'?

“I Don’t Care What the Judge Said!”

“Look, Mr. Straun, John, can I call you John? We’ve been at this for 25 days. We’re all sick of this. We all want to go home. You’re the only one left. You’re the one keeping us here. I got things to do at home.

I got to go to work and make a living. All of us do. The judge is mad as hell at us. You’re going to hang this jury. You’re going to make this three-month trial into a farce and waste of time. You have no right to vote acquittal. You heard the judge’s instructions. The jury is not allowed to judge the law, only the facts.”

“The fact are clear as day, aren’t they?” Dillard ranted. “You even admitted that to us. The guy was found with marijuana in his car. That’s against the law. And the guy admitted the marijuana was his. What more do you need?” said Raymond Dillard, the jury foreman. Raymond Dillard was tall, beefy, in his 30’s, and he was getting mad, so mad he wanted to beat John Straun’s head in.

Straun was a small, slim man in his 30’s, with a straight back, dark brown hair, large, steady eyes, and a firm mouth. He seemed not to care at all about all the trouble he was causing. And he seemed to be fearless.

John Straun said, “I don’t care what the judge said. I happen to know for a fact that a jury has the right to judge the law. Jury nullification has a long history in this country. A jury has the right to judge the law, not just the facts.”

Raymond Dillard and a few other jurors sneered. Dillard said, “Oh, are you a lawyer, Mr. Straun? You think you know more than the judge? What history are you talking about?”

John Straun said calmly, “No, I’m not a lawyer. I’m an engineer. But in this particular case, I do know more than the judge. When I found out I was going to be on this jury, I did a little research about the history of juries, just for the hell of it. Most people don’t know this, but jury nullification has been upheld as a sacred legal principal in English common law for 1000 years. Alfred the Great, a great English king a thousand years ago, hung several of his own judges because they removed jurors who refused to convict and replaced these courageous jurors with other jurors they could intimidate into convicting the defendant on trial.”

“Jury nullification also goes back to the very beginning of our country, as one of the crucial rights our Founding Fathers wanted to protect. Our Founding Fathers wanted juries to be the final bulwark against tyrannical government laws. That’s why they emphasized the right to a jury trial in three of the first ten amendments to the Constitution. John Adams, second President of the United States, Thomas Jefferson, third President and author of the Declaration of Independence, John Jay, First Chief Justice of the U.S. Supreme Court, and Alexander Hamilton, First Secretary of the Treasury all flatly stated that juries have the right and duty to judge not only the facts in a case, but also the law, according to their conscience.”

“Not only that, more recent court decisions have reaffirmed this right. In 1969, in “US. vs. Moylan,” the Fourth Circuit Court of Appeals upheld the right of juries to judge the law in a case. In 1972, the Washington, D.C. Court of Appeals upheld the same principal.”

Raymond Dillard said, “Yeah, if that’s the case, how come the judge didn’t tell us this?”

“That’s because of the despicable Supreme Court decision in “Sparf and Hansen vs. The United States in 1895.” John Straun said. “That decision said juries have the right to judge the law, but that a judge doesn’t have to inform juries of this right. Cute, huh? And guess what happened after this decision? Judges stopped telling juries about their rights.”

“The judge knows about jury nullification. All judges do. But they hate letting juries decide the law. They hate juries taking power away from them. That’s why judges never mention a jury’s right to judge the law, and most judges squash defense attorneys from saying anything about it in court. Remember when Jimmy Saunders’ defense lawyer started talking about it? The judge threatened him with contempt if he didn’t shut up about jury nullification.”

“And since you asked me,” Straun continued, “I’ll tell you a little more about jury nullification. Did you ever hear of the Fugitive Slave Act? Did you ever hear of Prohibition? Do you know why those despicable laws were repealed? Because juries were so outraged over those laws that they consistently refused to convict people who violated them. They refused to convict because they knew that these laws were unjust and tyrannical, that Congress had no right making these laws in the first place. So, because juries wouldn’t convict, the government couldn’t make these laws stick. They tried for many years, but finally gave up.”

“What do you think this mad War on Drugs is that we’ve been fighting the last sixty years? It’s the same as Prohibition in the 20’s. It’s the same principle. A tyrannical government is telling people that they can’t take drugs, just like in the 20’s they said people couldn’t drink liquor. What’s the difference? A tyrannical law is telling people what they can or can’t put in their own bodies. Who owns our bodies, us or the self-righteous politicians? Does the government own your body, Mr. Dillard? Do you smoke, Mr. Dillard? Do you drink beer?”

Dillard nodded his head, “Yeah, I do.”

“Well, how would you like it if they passed laws telling you that can’t smoke or drink a beer anymore. Would you like that, Mr. Dillard?”

Dillard looked at John Straun, thought about the question, then admitted, “No, I wouldn’t, Straun.”

John Straun turned to the others around the table. “You, Jack, you said you’re sixty-five years old. You like to play golf, right? What if they passed a law saying anyone over sixty-five can’t play golf because the exercise might give him a heart attack? You, Frank, you said you eat hamburgers at McDougals all the time. What if they passed a law saying fatty hamburgers give people heart attacks, so we’re closing down all the McDougal restaurants in the country, and they make eating a hamburger a criminal offence? You, Mrs. Pelchat, I see you like to smoke. Everyone knows that smoking can give you lung cancer. How would you like it if they passed a law banning all cigarettes? What if they could crash in the door of your house without a warrant to search for cigarettes in your house, like the SWAT teams do now, looking for drugs? Mrs. Pelchat, how would you like to be on trial like Jimmy Saunders because they found a pack of cigarettes you hid under your mattress?”

“Do you all see what I mean? If they can make it a crime for Jimmy Saunders to smoke marijuana, why can’t they make golf, hamburgers, and cigarettes a crime? If you think they wouldn’t try, think again. They had Prohibition in the 20’s for almost ten years, till they finally gave up. The only reason they haven’t banned cigarettes is because there are thirty million cigarette smokers in this country who would scream bloody murder. They get away with making marijuana and other drugs illegal only because drug-users are a small minority in this country. Drug users don’t have any political clout.”

Raymond Dillard sat down in his chair. The others started talking among themselves. John Straun started seeing heads nodding in agreement, thinking about what he had said.

“OK, Straun,” Dillard said. “Maybe you’re right. Maybe Jimmy Saunders shouldn’t go to jail for smoking marijuana. Hell, probably most of us tried the stuff when we were young. Clinton said he smoked marijuana in college. Bush said he tried drugs in college. Probably half of Congress and their kids took drugs one time or another. O.K. we agree with you. But what about the judge. He said we can’t judge the law.”

John Straun stood up. He was not a tall man, but he stood very straight, and he looked very sure of himself. He looked from one to another of them.

He said, “If you agree with me, then I ask you all to vote for acquittal. You are not only defending Jimmy Saunders’ liberty, but your own. You are fighting a tyrannical law that is enforced by a judge who wants the power to control you. I told you that many juries like us in the past have disregarded the judge’s instructions. They stood up for liberty against a tyrannical law. Are you Americans here? What do you va!ue more, your liberty, your pride as free men, or the instructions of a judge who doesn’t want you to judge the law precisely because he knows you’ll find the law unjust? Will you stand with those juries who defended our liberty in the past, or will you give in to this judge?”

“Here’s another thing to think about,” John Straun said with passion. ”What if it was your sister or brother on trial here? Do you know that if we say Saunders is guilty, the judge has to send him to prison for twenty years? I understand this is Saunders third possession charge. You know the “three strikes and you’re out” rule, don’t you? The politicians passed a law that if a guy gets convicted three times on possession, the judge now has no leeway in sentencing. He has to give the poor guy twenty years in prison. What if it were your sister or brother on trial? Should they go to jail for smoking marijuana, for doing something that should not be a crime in the first place? Do we want to send Jimmy Saunders to prison for twenty years because he smoked a joint, hurting no one? Can you have that on your conscience?”

“Do you know that there are almost a million guys like Jimmy Saunders in federal prisons right now, as we speak, for this same so-called “crime” of smoking marijuana or taking other drugs? These men were sent to prison for mere possession. They harmed no one but themselves when they took drugs. How can you have a crime without a victim? When does this horror stop? It has got to stop. I’m asking you all now to stop it right here, at least for Jimmy Saunders. The only thing that can stop tyrannical laws and politicians is you and me, juries like us. If we do nothing, we’re lost, the country is lost.”

“I’m asking you all to bring in a not-guilty verdict, because the drug laws are unjust and a moral obscenity. I’m asking you all be the kind of Americans our Founding Fathers would have been proud of, these same men who fought for your liberty. That’s what I’m asking of all of you.”

John Straun sat down and looked quietly at Dillard and all the others around the table. They looked back at him, and it seemed that their backs began to straighten up, and they no longer complained about going home. They were quiet. Then they talked passionately amongst each other.

Fifteen minutes later, they walked into the courtroom and sat down in the jury box. When the judge asked Raymond Dillard what the verdict was, he was stunned when Dillard, standing tall, looking straight at the judge, said “Not guilty.” Over the angry rantings of the red-faced judge, all in the jury box looked calmly at John Straun, and felt proud to be an American.

Food for thought?

First published on http://www.theconservativevoice.com

pr.cannazine.co.uk

Not Feeling Well? Perhaps You're 'Marijuana Deficient' | | AlterNet

Not Feeling Well? Perhaps You're 'Marijuana Deficient' | | AlterNet


Not Feeling Well? Perhaps You're 'Marijuana Deficient'

Scientists have begun speculating that the root cause of disease conditions such as migraines and irritable bowel syndrome may be endocannabinoid deficiency.
March 24, 2010 |
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For several years I have postulated that marijuana is not, in the strict sense of the word, an intoxicant.

As I wrote in the book Marijuana Is Safer: So Why Are We Driving People to Drink? (Chelsea Green, 2009), the word ‘intoxicant’ is derived from the Latin nountoxicum (poison). It’s an appropriate term for alcohol, as ethanol (the psychoactive ingredient in booze) in moderate to high doses is toxic (read: poisonous) to healthy cells and organs.

Of course, booze is hardly the only commonly ingested intoxicant. Take the over-the-counter painkiller acetaminophen (Tylenol). According to the Merck online medical library, acetaminophen poisoning and overdose is “common,” and can result in gastroenteritis (inflammation of the gastrointestinal tract) “within hours” and hepatotoxicity (liver damage) “within one to three days after ingestion.” In fact, less than one year ago the U.S. Food and Drug Administration called for tougher standards and warnings governing the drug’s use because “recent studies indicate that unintentional and intentional overdoses leading to severe hepatotoxicity continue to occur.”

By contrast, the therapeutically active components in marijuana — the cannabinoids — appear to be remarkably non-toxic to healthy cells and organs.This notable lack of toxicity is arguably because cannabinoids mimic compounds our bodies naturally produce — so-called endocannabinoids — that are pivotal for maintaining proper health and homeostasis.

In fact, in recent years scientists have discovered that the production of endocannabinoids (and their interaction with the cannabinoid receptors located throughout the body) play a key role in the regulation of proper appetite, anxiety control, blood pressure, bone mass, reproduction, and motor coordination, among other biological functions.

Just how important is this system in maintaining our health? Here’s a clue: In studies of mice genetically bred to lack a proper endocannabinoid system the most common result is premature death.

Armed with these findings, a handful of scientists have speculated that the root cause of certain disease conditions — including migraine, fibromyalgia, irritable bowel syndrome, and other functional conditions alleviated by clinical cannabis — may be an underlying endocannabinoid deficiency.

Now, much to my pleasant surprise, Fox News Health columnist Chris Kilham has weighed in on this important theory.

Are You Cannabis Deficient?
via Fox News

If the idea of having a marijuana deficiency sounds laughable to you, a growing body of science points at exactly such a possibility.

… [Endocannabinoids] also play a role in proper appetite, feelings of pleasure and well-being, and memory. Interestingly, cannabis also affects these same functions. Cannabis has been used successfully to treat migraine, fibromyalgia, irritable bowel syndrome and glaucoma. So here is the seventy-four thousand dollar question. Does cannabis simply relieve these diseases to varying degrees, or is cannabis actually a medical replacement in cases of deficient [endocannabinoids]?

… The idea of clinical cannabinoid deficiency opens the door to cannabis consumption as an effective medical approach to relief of various types of pain, restoration of appetite in cases in which appetite is compromised, improved visual health in cases of glaucoma, and improved sense of well being among patients suffering from a broad variety of mood disorders. As state and local laws mutate and change in favor of greater tolerance, perhaps cannabis will find it’s proper place in the home medicine chest.

Perhaps. Or maybe at the very least society will cease classifying cannabis as a ‘toxic’ substance when its more appropriate role would appear to be more like that of a supplement.


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Paul Armentano is the deputy director of NORML (the National Organization for the Reform of Marijuana Laws), and is the co-author of the book Marijuana Is Safer: So Why Are We Driving People to Drink (2009, Chelsea Green).
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Marijuana Legalization on the CA Ballot: Separating Fact from Fiction

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Marijuana Legalization on the CA Ballot: Separating Fact from Fiction

Brace yourself for a blast of alarmist hot air from the drug war status quo, a nine-month onslaught of distortions, half-truths and real whoppers.
March 26, 2010 |
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With a historic marijuana legalization initiative certified for November's general election, California is ground zero for a growing national debate. No matter what you think about regulating marijuana for adult consumption, brace yourself for a blast of alarmist hot air from the drug war status quo, a nine-month onslaught of distortions, half-truths and real whoppers. Marijuana offenses account for over half of all drug arrests nationwide. No wonder the law enforcement lobby is furiously digging in its heels at the prospect of "losing marijuana." Here are three commonsense reasons to dump decades of failed marijuana prohibition. (Spoiler alert: Billions of dollars in new state revenue isn't one of them. That's just gravy.)

1. Regulation will help bring marijuana distribution under the rule of law.

Proponents for maintaining the marijuana ban claim that legalization would aid criminal markets. But it's prohibition that has ceded control to the black market; legalization and regulation would mean the opposite. Ending marijuana prohibition means ending the current state of chaos and implementing real controls on who has access to marijuana when and where.

Whether we like it or not, marijuana is a mainstream recreational drug and famously California's largest cash crop. Prohibiting a commodity that popular has simply fueled a massive, increasingly brutal underground economy. Criminal syndicates in Mexico reportedly derive at least 60% of their profits from marijuana sales alone. The horrifying carnage that's claimed 15,000 Mexican lives in three years isn't about drugs, of course, but the drug profits guaranteed by prohibition. While regulating marijuana in California won't single-handedly solve the problem, bringing the market for marijuana into the open will undermine the Al Capones and Pablo Escobars of today by ending the monopoly they currently enjoy over their most lucrative product.

2. Marijuana use has little to do with marijuana laws.


Drug warriors paint a dire picture of skyrocketing marijuana consumption, especially among young people, if the prohibition on adult use ended. But marijuana use isn't primarily impacted by criminal penalties. The U.S. has the highest rates of marijuana consumption in the Western world despite by far the most severe penalties. Among a stack of international studies of this question, the 2004 findings of the American Journal of Public Health "do not support claims that criminalization reduces cannabis use and that decriminalization increases cannabis use."

Adults consume marijuana in huge numbers regardless of its illegality, and American high school students consistently report marijuana is actually easier to buy than alcohol or tobacco. Nearly three times as many American teens under 15 have tried marijuana as teens in the Netherlands, where marijuana is openly sold to adults in coffee shops. Marijuana regulation lowers youth access, separates marijuana from harder drugs, and helps "make marijuana boring" to kids.

3. Regulation will make marijuana safer than ever.


Get ready for "Reefer Madness" 2.0 as drug warriors try to confuse an increasingly savvy electorate about the harms of marijuana. Since it's now so widely consumed, many people understand that marijuana is safer than alcohol or cigarettes and are increasingly skeptical of laws that treat them so differently. Science backs them up. Marijuana is far less addictive and typically consumed in much smaller amounts. It's impossible to die of a marijuana overdose. Crucially, marijuana lacks alcohol's noxious association with violence, accidents and reckless sexual behavior.

Reports that today's marijuana is more potent are often wildly exaggerated, and potency isn't even related to addiction or other health impacts. Nevertheless, the issue of what's in marijuana argues for regulation not against. Marijuana is consumed by nearly one in ten Californians annually. What they're consuming is of widely varying quality and may contain pesticides, contaminants, and unsafe adulterants. Regulation would provide a framework to control potency, provide for labeling and prohibit dangerous additives. Not only does prohibition provide no such protections, it drives consumers underground where the buyer must truly beware.

Advocates of a mythical "drug free" world may want to put the genie back in the bottle, but we simply can't pretend, ignore or arrest our way out of today's realities. As this country learned by banning alcohol sales in the 1920s and '30s, prohibition of a widely popular commodity will never work. Marijuana prohibition causes more social harm than good in the form of mass arrests, wasted criminal justice resources, out-of-control youth access, and unregulated products consumed by millions. It's time to regulate adult use of marijuana once and for all

My Experience with a Psychedelic Plant That Thousands Have Used for Release from Severe Addictions | Drugs | AlterNet

My Experience with a Psychedelic Plant That Thousands Have Used for Release from Severe Addictions | Drugs | AlterNet

My Experience with a Psychedelic Plant That Thousands Have Used for Release from Severe Addictions

"The first sign that ibogaine is working is generally a loud buzzing or ringing in the ears ... Soon after that I begin to feel warm and things take on a light golden glow."
March 20, 2010 |
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This is the second of a two-part series on Ibogaine. Go hereif you missed part one.

Before Clare gives me the ibogaine she has me write out my intention for my journey, what I hope to get from the experience, and whatever questions I may want to ask the iboga spirits. She takes my intention and places it on a small altar she has built with candles and feathers. She runs my body over with burning sage and then spreads the smoke around the room, clearing spiritual energy and opening up the space for the iboga spirits to enter and do their work.

She has me lie down on the bed. Next to me on the pillow are a set of headphones hooked up to an ipod, and a special kind of visor allegedly designed by famed psychedelic and spiritual artist Alex Grey that improves psychedelic visions. Clare takes my hand into hers.

“As part of the treatment plan here, I make a life contract with all of my clients. Sometimes the medicine will open a door to the other side and it will tell you you can go into it if you want. I make my clients promise me they’ll stay here in this life. They came here to live, and that’s exactly what they’re going to do. I know you’re not in that place, but I gotta say it anyway. Who knows what you may want to do once you’re up there.”

“No problem,” I laugh, “I’ve got a lot to live for,” and was warmed by the truth of it. It was the perfect last thought before I began.

“Good,” she replied. “Here’s your test dose to get things started.”

She hands me two large yellow and green capsules containing an 85% pure mixture of ibogaine hydrochloride and alkaloid extract, In total I would be administered 1.42 grams in three doses between 11:15 pm and 2:15 am for a 17mg/kg overall dose, substantial for iboga. Clare puts on some ethereal music with elegant and comforting female voices and then turns off the lights in the room and leaves Joaquin, Jeff and I in candlelight to await the onset.

The first sign that ibogaine is working is generally a loud buzzing or ringing in the ears, which for me begins within the hour. Soon after that I begin to feel warm and things take on a light golden glow. I begin to see tracers following any movement, and it grows increasingly difficult to focus my eyes on anything. That’s when I decide it’s time to put on the visor and headphones and settle into the journey.

The shift to inner space almost immediately kickstarts a visionary phase. The blackness that is enveloping me suddenly forms depth and texture, morphing into a paisley-like tapestry that floats backwards, forming a three dimensional space that looks like I can reach out and touch it. The tapestry floats up and to the right, and then sails away out of my vision like the magic carpet of Aladdin. This pantomime, repeated over and over, would become the transitional metaphor for each new vision I would have as the journey unfolded, as if the floating tapestry was the stage curtain between acts of a play, or the title card between scenes of a film.

I begin to see kaleidoscopic fireworks, bursts of color and light, geometric patterns casting across the inner transom. They look almost like neurons and synapses firing, like molecules passing back and forth, valent energies interweaving. Then they begin to take on more animation and I sense—have an intuitive understanding—that the lights and patterns each have individual consciousness, that they are alive.

When Clare returns with my second dose, I remove the visor and see elongated grey spirits resembling the paint splotches of Jackson Pollack rapidly circling the room behind Clare’s head. Floating suspended in the same space are glowing blue orbs like energetic jellyfish. The spirits would plow through the blue orbs, separating them into droplets like oil in water. Just outside the sliding glass doors on either side of the room are pools of spirits and blue energy that cannot enter my room. In the background, massive spirit shapes bigger than city buses pass by. I relate this information to Clare, pointing out where I am seeing the shapes. She smiles and nods, knowingly.

“They are busy,” she says. “Not all of them have time to stop in.”

Clare changes the music and puts on a compilation of traditional African tribal music that has beautiful, acrobatic vocalizations and harmonies mixed in with powerful sounds of nature: water flowing, thunderclaps and lightning, fire, rain and wind. This begins a new phase of the journey that is not visual, but rather, emotional. I understand the stories behind the songs, not through the words, but though the emotions in the words, the tones, timbre, and energy of the voices. I feel the loss of death, the joy of love, the fear of displacement and hatred, the love of the land, the cries of freedom. This is our land, this is our medicine, these are our spirits, we welcome you, do you welcome us? What have you to offer?

Then the tapestries return, but instead of flying away they fold back to form what looks to me like a space under my blanket, like a bed fort a child would build with pillows and a flashlight. This “bed fort,” however, has the feel of an opium den, with Persian rugs and glowing lamps.

It was about then I realize that I no longer have any fear about the journey, that I feel comfortable and right. I am eager to go deeper, to see more. I want to see what my vast and uncharted shadow has in store for me. I feel confident I can handle anything now. Almost as if it was waiting for me to think that, a voice says, not vast and uncharted! Known!

Another vision begins. Before me are caricatures of myself, jerky low-res avatars like in a video game or graffiti art. These caricatures communicate various aspects of my personality to me, not through words or even scenes, but through symbolic movements, repetitive motions somewhat similar to the “tape loops” others have described, but significantly more symbolic in nature.

In this loop, I /the caricature of me begins with my hands folded together in prayer, and I am still. Perpendicular to me is a long row of what looks like giant playing cards as tall as me. Like any deck of cards, there are number cards and face cards, except the face cards are people in my life, and the number cards represent “situations, consequences and outcomes.” From the praying position I then suddenly flail my arms backward and shake my head. Each time I do this I knock down these cards like a row of dominoes. They race around in a big loop until they come back full circle and knock me over.

The message is clear to me the entire time. This scene represents the ongoing ebb and flow between my ego self and my higher self. When I am in the praying position, it symbolizes the times when I am coming from a place of humility and grounding, and as such, nothing is disturbed. Each time I flail my arms wildly it represents me falling back into ego, and invariably starting a chain reaction, symbolized by the cards falling over like dominoes, which eventually come back to bite me in the ass.

It was such a painfully simple representation of one of the hardest personal lessons of my life, and yet, as I’m watching it, a voice says, you know this...you’ve known this for a while, your only challenge is to be vigilant and remember it. I kept expecting this stern, paternalistic, tough-love, brutal assault on my character. What I got was kind frankness instead.

You were afraid that you would come in here and see painful things about yourself that you weren’t ready to handle, but you’ve already done all that work, and you didn’t need us to do it. You know yourself, because you took the time to get to know yourself, honestly and critically, because you didn’t want anymore pain. You wanted us to show you how to be a better man, and yet, you already know. The question is, will you BE that man? You’ve got everything you ever asked for. You are lucky and loved and can speak to many. How will you honor this every day? Will you help those who need it, who suffered as you once suffered? How will you remind yourself that it’s not about you, that you are just a messenger? Go enjoy what you have built, but always remember to spread that love and fortune, and always be kind to yourself.


The true believers will tell you that the iboga spirits are speaking to us every day through messengers and mediums, signs and symbols, and all we need do is seek and we shall find. As if to reinforce this from beyond the grave, the distinctive voice of Howard Lotsof (he was missing many teeth) periodically comes through the headphones in short clips that Clare had interspersed on the playlist. The plants are alive and their speaking to us all the time, we just need to find a way to listen to them. That’s good medicine!

I describe all of this to Clare when she returns for the last time before my session officially ends. She is flummoxed by my ability to coherently describe the depth and breadth of my visions.

“You are the single most coherent person I have ever witnessed on ibogaine. Most people can’t speak or think clearly for a couple days, much less move around.”

When I tell her I am hungry too, she looks at me like I am from Mars. Aside from some ataxia (a loss of balance and motor control), which causes me to crack my forehead on some marble in the bathroom, I feel great, but worn out. Unfortunately, I will not be able to sleep until the following night, and I can’t focus my vision for a whole day. I would still be seeing trailers and auras a week later.

Removing me from the pulse/ox monitor, Clare tells me she’s been in constant contact with my partner in San Francisco, who also works with plant medicine, giving her updates on my session. This tiny personal gesture touches me deeply, and reveals so much about Clare’s true nature: evangelistically inquisitive and inclusive. I feel much gratitude, which is what I tell Clare when she asks me how I’m doing.

“I get it, now” I say. “Remarkable plant. And you guys are incredible at what you do.”

She laughs. “Good. And to think that we’ve been called a ‘back-alley abortion’ ibogaine clinic.”

“What?”

“Oh you haven’t heard that? Hmpf. Deborah Mash said that.”

“Deborah Mash? Really?”

“You know Deborah Mash?”

“I know of her,” I say, and can’t believe she would say such a thing.

The Academic

“Absolutely I said that,” Dr. Deborah Mash tells me when I contact her at the University of Miami. “I think that addicts deserve the best. I couldn’t live with myself if I ever hurt someone. I didn’t take this cause forward to put others in harms way.”

Mash is one of my heroes. Back in the Nineties she discovered coca-ethylene, a chemical that is formed in the human body by the liver when both cocaine and alcohol are ingested. Coca-ethylene is longer acting, more potent, and substantially more addictive then cocaine itself. I can tell you first hand about that one. No matter how hard I tried to quit, alcohol always led to a relapse, and her discovery helped me realize that to quit cocaine, and to stay quit, I had to stop drinking for a while too.

One of the world's foremost scientific experts on ibogaine, Mash also identified the active metabolite, noribogaine, that is credited with the ability to detoxify and sustain a newly recovering addict (for the record, she says “noribogaine” is a misnomer and that the metabolite should be called “decmethylibogaine”). Mash also opened an off-shore healing center on the Caribbean Island of St. Kitts, which she used for research and development, gathering data on over 286 ibogaine treatments.

“This was the only study conducted to my knowledge that had qualified professionals associated with it,” she adds.

This not-so-subtle dig at the underground begins to touch on where Mash and the rest part ways. As ibogaine was forced underground, Mash’s biggest concern became lay-providers and activist types, like Polanco, Dana Beal, Eric Taub, Mark Emery, and, of course, Howard Lotsof, who administer treatments in what she considers to be unsafe conditions.

“What you have got are people who don't know what they’re doing. They think they do, but they don’t. And things can go wrong. Very, very wrong. People have died in their care. I take that very seriously.”

Mash is coming from a very different place than the addicts and the ibogistas. She believes that addiction is a neurological disorder in the same way as Alzheimer's and Parkinson's or cancer or diabetes, and that addiction needs to be corrected medically. More importantly, addicts need to be viewed with the same compassion as people suffering from any of those other illnesses.

“It’s in their genes, it’s not their fault. They couldn’t help getting sick, they’re not morally defective. We first have to humanize them. These are sick people!” she says.

Here you start to see what really makes Mash tick. Despite her gruff manner and her corrosive distrust of the underground, she really cares about curing addiction. Addicts aren’t lab rats to her, they’re suffering people. She’s a doctor. You do the math.

“I would love to be able to give young addicts an ibogaine dose and then stick them in treatment. As an adjutant to treatment, its perfect, but its not the treatment itself. Think about if we could help just a third of the people addicted to drugs, wouldn’t that be absolutely amazing? Well, we had a chance once, and we blew it.”

Mash has certainly made her fair share of enemies in the ibogaine underground. If the “back-alley abortion” comments didn’t exactly ingratiate her to her colleagues, her relationship with Howard Lotsof is what sealed the deal. Lotsof is beloved by this community, a sacred cow, yet Mash believes, ironically enough, that he’s the one ultimately responsible for ibogaine never going mainstream.

Back in the mid Nineties when she first discovered noribogaine, Mash claims she offered Lotsof, who held the legal patents, a 50/50 partnership to move forward with research and get a study funded by the National Institute for Drug Abuse (NIDA). This could have led to FDA approval of the drug and a pharmaceutical contract, which could have reaped billions. Lotsof refused the offer and in turn “sicked his lawyers” on Mash to prevent her from, as she puts it, “taking away his baby.” Lotsof then cut off her access to ibogaine, a move which she took personally.

“Howard shot an arrow into the heart of the only scientific team to ever get behind him,” she says, the pain and frustration still evident in her voice.

The net result was that NIDA refused to fund a formal study, Mash’s research was forced off-shore, and they did not get the millions in R & D money that it takes to get a drug to market before Lotsof’s patents expired in 2003. Eventually, their feud spilled over into the underground, and would end up polarizing along ideological lines.

“We were trying to get the medical community on board, and instead, we got totally derailed,” Mash laments. “The medical community wasn’t too crazy about the psychedelic aspects of ibogaine, and I felt (and still feel) that the data supports that we can isolate that part of the drug and have the metabolite without the psychotropic effects. Crazy left-wing Howard and his buddies didn’t go for that.”

She says that the “obsession” the underground has with the visionary aspect of the drug is at the expense of all those people they could be helping. She still believes, however, in the potential of iboga-related metabolites to revolutionize the field of addiction treatment, even if she’s given up hope on ibogaine itself. The problem, she points out, is the hundreds of millions of dollars it takes to develop a new drug.

“Who’s going to pay for that? Dana Beal? Eric Taub? Marc Emery?”



The Activists

Unfortunately, as far as public relations goes, the underground hasn’t done itself any favors, that’s for sure. The most visible leaders of the movement are mired in public controversy involving drug allegations. Howard Lotsof ends up being the cleanest of the lot. These include Polanco, Beal, Taub, and Emery.

Dana Beal is a suspected marijuana trafficker who was busted twice between June of 2008 and September of 2009. He is currently free on $500,000 bond facing a case in Nebraska in which he was caught with 150 pounds of weed, shortly after pleading guilty to a misdemeanor in an Illinois case in which he was caught with $150,000 in suspected drug money.

Eric Taub is considered, along with Lotsof and Mash, to be one of the three main luminaries of the ibogaine movement. He is also what Deborah Mash calls the prototypical “dangerous evangelizing lay-provider.” Taub has come under fire for allegedly running laissez faire clinics in places like Costa Rica and Italy, and even more so for setting up a mail-order business so that anyone who wants to obtain iboga can. He’s also got something of a god complex, according to sources close to him who prefer to remain anonymous.

And then of course there’s Marc Emery, the Canadian marijuana activist/entrepreneur who was arrested in 2005 for “Conspiracy to Distribute Marijuana and Seeds” in a controversial cross-border raid by the D.E.A. who used the Vancouver police to do their dirty work. Emery’s defiant stance, and the widely held public view that he has committed no crime and is the target of harassment, has earned him folk hero status and the nickname, “The Prince of Pot.”

In 2002 Emery opened the Iboga Therapy House outside Vancouver and for the next three years funded dozens of free treatments for addicts and those seeking “psycho-spiritual therapy.” When he was arrested in 2005 he handed over ownership of the house to a not-for-profit organization, and longtime therapist Sandra Karpetas assumed much of the day-to-day operations. Karpetas, who along with Valerie Mojieko is responsible for initiatiing the MAPS study which began in Canada, is another autodidact with no formal training in addiction like Clare Wilkins, except Karpetas was turned on to ibogaine by Marc Emery “for purely initiatory purposes,” she says.

Karpetas used a grant from the Women’s Entheongen Fund, an offshoot of the Woman’s Visionary Congress, to reopen the Iboga Therapy House. She went on to treat 65 patients between 2006 and 2008 before financial constraints forced her to close it down. She is just now preparing to reopen, with 700 people on her waiting list, and a renewed focus on getting a formal study funded through Health Canada, the Canadian health care system.

“Here in Canada we consider ‘treatment’ a much longer focused program, so we define ibogaine use as ‘therapy,’ because its mostly a detox program. We don’t call iboga ‘medicine’ or a ‘drug’ or ‘psychedelic.’ We want to legitimize it here as a natural health product, an herbal detoxification program. Its an important distinction we make.”

Karpetas relates how everyone who has had the iboga experience now feels that they are part of an amazing global phenomenon, a movement of compassion, of one helping another.

“The plants are urging us on. They are incredibly evolved life forms. Look at the genome of a human compared to that of a simple plant, and the plant wins. There is more to life than meets the eye, they are telling us.”



The Shaman


When I finally speak to him on the phone, after connecting on Facebook, Dimitri Mobengo Mugianis tells me he’s in a hotel room in New Jersey on day three of detoxing a young male heroin addict. Dimitri is part of the neotribal wing of the ibogaine underground. He’s what’s known as a “ritual/spiritual provider” who administers iboga in its traditional root bark form in a Bwiti ritual. His New York City based company, Iboga Life, conducts traditional Bwiti medicine ceremonies, mostly for addicts, although, there are psycho-spiritual clients.

He’s no dilettante; this is a cat who’s been around. He has undergone several Bwiti iboga initiations in Gabon, and now refers to himself euphemistically as a member of “Bwiti USA.” He’s also the cofounder of the New York City Drug Users Union, and the subject of a new documentary called “I’m Dangerous with Love,” by acclaimed filmmaker Michel Negroponte, director of Methadonia. The point is that this man understands addiction. He has a serious, no bullshit New York frankness to him.

“My role as a Bwiti is to detox junkies. That’s what I do. And junkies are very spiritual people and they’re looking for this kind of thing. What we’re lacking is community and ceremony and a rite of passage, a way to frame our lives. Bwiti is a system of plant medicine where people can find healing and purpose. In particular, it offers a way to help men reclaim their manhood.”

Dimitri argues that addicts and indigenous peoples have a common bond because they are both dislocated and disenfranchised, two of the last social groups where it is still acceptable to portray them with vicious stereotypes.

“Colonization and addiction are about infantilization, desexualization, dehumanization, imprisonment, enslavement, and expropriation, whether its land, family, your body or your will. We help people reclaim all of it.”

I ask him if he thinks the treatment will ever go above ground.

“Here’s where I separate myself from most of the iboga community. Most want this to be a pharmaceutical drug administered in hospitals, right? But prescription, by definition, is not about access, its about limiting access.”

But what about safety? What about the people who have died?

“I don’t give a fuck about that shit. Iboga has been around for 3900 years! It’s fucking safe. I’ve seen babies eat it, I've seen pregnant and breastfeeding woman eat it, dogs, old people, you name it. The shit is safe! And if we can eat a natural bark or drink a vine that cures our illness, we won’t need the goddam people in the white coats anymore. If we could drop the price and train thousands of lay providers, than we’ve really got something going on.”

His strategy, and critique, is simple. The psychedelic medicine community, the “entheogen movement,” as he calls it, is almost exclusively made up of upper middle class, white male academics. But the medicine comes from poor people in Africa, and yet it is unknown to poor people in America, particularly African-Americans. This focus on this racial and economic aspects of iboga has made Dimitri “the red headed stepchild of the movement.”

“Ibogaine gives us a real chance to bridge that socioeconomic gap, but the medical establishment is afraid of who we are and the people we are bringing in. So, really, this is the most revolutionary aspect of this movement. It’s turning on the Puerto Rican gang banger who would otherwise never have taken this stuff that really inspires me. I wanna make that happen.”

Dimitri has deep love for Howard Lotsof, calling him “my father.” He tells me how Howard wanted to go into the African-American community and throw open the doors to ibogaine for them, but the reception was not what he expected.

“In the beginning we would stand out on 125th street in front of the methadone clinics handing out fliers. You can probably guess hardly anyone responded. But slowly those folks are starting to come to us. Yeah...they’ll get there.”

He laughs and clears his throat, and then settles on a final thought.

“Look, we don’t need to be here to help people. We just need to be here for people who want to help themselves. How we do that is we meet them where they are at.”


It’s all part of the vision

You hear those words uttered by nearly everyone iboga has touched, we meet them where they are at. It’s the mantra of this remarkable collection of passionate, difficult people who come from the perspective that the addicts are the real healers and iboga is merely the catalyst, the inspiration. It’s here, in the humanization, and in many respects, elevation of these former scourges of society that we see the real revolution, and why the medical establishment is simply not interested in ibogaine. The underground’s existence is a natural consequence of that repudiation.

There’s a philosophy known as “Dual-Power Strategy” that espouses the creation of alternative institutions that embody the beliefs and practices of breakaway, sub- or countercultures, a sort of positive antidote to trying to change a system from inside that is hopelessly ineffective and corrupt. The fundamental idea is to channel transformative energy not into changing existing institutions but rather into building viable alternatives. As these alternative structures grow, like the cooperative movements in Argentina, eventually they take on more and more of the functions of a larger social system. Eventually they grow into an alternative infrastructure that fulfills economic, political, social, and cultural needs, like we have seen develop in America’s evangelical community.

This is precisely what we see happening with alternative medicine, whether its the burgeoning natural health industry, the integration of eastern medicine, organic nutrition, addiction, or even the movement against vaccines, the response to the Western model of medicine has been profound. It is not surprising then that this alternative philosophy is attractive to those in the ”exile nation” who feel oppressed, disempowered or disenfranchised within the greater society. Addicts inhabit ground zero of this realm. So if an addict can be treated with respect, have their spiritual pain acknowledged, and feel the support of people around them who do not judge them, then they not only have a chance at healing themselves, but also bringing that healing to others. The ripple effect could change the world.

This became clear in the weeks following my experience with ibogaine, when I realized that now I too was part of this revolutionary underground. People who followed along on my Facebook and Twitter pages began contacting me. One friend told me just he returned from a traditional Bwiti initiation ritual in Costa Rica. Most people told me about their friends, brothers cousins, mothers, who were addicted to heroin, nicotine, crack, meth, K, alcohol. They need help, they didn’t know what else to do, they’ve run out of options, should they try ibogaine? It becomes abundantly clear that there will never be a shortage of people wanting it, so does it really matter whether this medicine is ever sanctioned by the medical establishment? It’s clear already that people who need it will find it anyway, when they’ve had enough.

I spoke with Clare over Skype a few weeks later to check some facts. I had asked her to give me more information on the short recordings of Howard that she had interspersed on the playlist she set up for my journey.

“I went through fifty gigabytes of music and I have no recordings of Howard Lotsof talking about iboga. It sounds like it was part of your vision.”

“That’s impossible,” I replied. I know what I heard.”

I was dumbfounded. She could see it in my face. But she smiled, and I thought I saw a tear form, but it could have been the light reflecting off her glasses.

“Looks like Howard made it after all,” I said.

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Charles Shaw is a regular contributor to Alternet, Huffington Post and Reality Sandwich, and the author of Exile Nation: Drugs, Prisons, Politics & Spirituality(2009, Reality Sandwich).
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Social Animal trying to live on the dark, mean, and hungry side of Town.