Pubdate: Mon, 10 Aug 1998
Source: PRNewswire

BESTSELLING AUTHOR'S ARREST A WAKE-UP CALL TO CALIFORNIANS, LIBERTARIAN
PARTY SAYS

LOS ANGELES, Aug. 10 -- The arrest of bestselling author Peter McWilliams is
another nail in the Constitution's coffin, the Libertarian Party of
California charged today. "This is a wake-up call to all Californians:
federal drug fanatics are violating your Constitutional rights -- yet
again," declared Libertarian state chair Mark Hinkle. McWilliams, 48, was
arrested in Los Angeles along with 8 others on July 23 and charged with
conspiracy to sell marijuana plants.  McWilliams has entered a formal plea
of not guilty and is being held on $250,000 bail.  If convicted, he faces a
10-year jail sentence.

At issue is Proposition 215, the initiative that decriminalized the use of
medical marijuana in California.  Prop. 215 became state law in November
1996, approved by 56% of California voters. McWilliams, who was diagnosed
with AIDS and non-Hodgkins lymphoma in March, 1996, uses marijuana to combat
the nausea caused by his life-saving medical treatments.  He is an outspoken
advocate of medical marijuana. "The Constitution has gone up in smoke,
thanks to the federal government," said Hinkle.  "This is a real emergency.
The Ninth and Tenth Amendments are in critical condition." The Ninth and
Tenth Amendments of the Bill of Rights reserve to the states and the people
any powers not specifically granted to Congress by the Constitution. "Never
mind that the War on Drugs is a complete failure.  Never mind that the
government has no business telling us what we can or cannot put into our
bodies.  The Constitution does not grant Congress the power to pass drug
laws. Under the Ninth and Tenth Amendments, that power belongs to the
states," explained Hinkle.

That hasn't stopped federal drug warriors from interfering with the
implementation of Prop. 215:

- -- At a December 30, 1996 press conference, the Clinton administration
announced that doctors who prescribe or recommend marijuana may face
criminal prosecution under federal law;

- -- On April 21, 1997, federal agents confiscated 331 marijuana plants and
associated growing equipment in a raid on the Flower Therapy medical
marijuana buyer's club in San Francisco;

- -- On March 4, 1998, Republicans on the House Judiciary Committee approved a
resolution stating that "marijuana is a dangerous and addictive drug and
should not be legalized for medical use";

- -- On May 14, 1998, U.S. District Court Judge Charles Breyer complied with
the federal government's request to shut down six California medical
marijuana dispensaries. "The federal government has obstructed the
implementation of Prop. 215 at every turn and Californians are outraged,"
said Hinkle. Can anything be done to stop the federal government from
interfering with state law? "Yes -- the Attorney General of California can
invoke the Ninth and Tenth Amendments and instruct California law
enforcement to ignore all federal requests, resolutions, and orders when it
comes to Prop. 215," noted Hinkle. "The Attorney General can and should
stand up to the federal drug foot soldiers -- but I'm not holding my
breath." In fact, California Attorney General and Republican gubernatorial
nominee Dan Lungren has publicly stated his opposition to Prop. 215.  In a
February speech, Lungren said, "I took a strong stand against Prop. 215,"
and went on to explain that "we are trying to implement the measure as
narrowly as possible." Beyond the Constitutional violation, the federal
intervention in medical marijuana has had a tragic consequence. "People are
dying," said Hinkle. "Patients who depend on marijuana to ease their
suffering are suffering.

Whenever the federal government shuts down a medical marijuana buyer's club,
they are contributing to the pain of very sick people." At a July 31 hearing
in a Los Angeles federal court, McWilliams's attorneys accused the prison of
withholding lifesaving medication from the author.  "This gross abuse of
federal power must stop," insisted Hinkle. "The Libertarian Party of
California demands the California Attorney General to uphold his oath of
office to defend the laws and citizens of California against all comers --
including the federal government.  We demand Congress and the President
recognize the supremacy of state law in this matter.  We demand the
immediate reopening of all medical marijuana buyer's clubs that have been
shut down.  And we demand full and complete amnesty for all medical
marijuana prisoners -- including Peter McWilliams." McWilliams is a #1
bestselling author and Libertarian Party member whose books include "How to
Survive the Loss of a Love," "The Personal Computer Book," and "Ain't
Nobody's Business If You Do," a stinging criticism of victimless crimes.

SOURCE Libertarian Party of California Web Site: http://www.ca.lp.org
CONTACT: Juan Ros, Executive Director of Libertarian Party of California,
818-506-0200, Fax: 818-506-0212, or E-mail: - ---
Checked-by: Melodi Cornett