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Edwards, Melanie L; Strube, Michael J
Testimonial rulings.
Mental and Physical Disability Law Reporter; 1987 May-Jun Vol 11(3) 171-172
Six decisions reflect diverse rulings on the admissibility of expert testimony in cases involving claims of intoxication, medication overdose, extreme emotional disturbance, diminished capacity, test supervision, and voluntary ingestion of LSD: United States v. Hillsberg, 812 F.2d 328 (7th Cir. 1987); Colorado v. Low, 732 P.2d 622 (Colo. Sup. Ct. 1987); New York v. White, 510 N.Y.S.2d 329 (N.Y. App. Div. 1986); Zuber v. Florida, 500 So. 2d 670 (Fla. Dist. Ct. App. 1986); Granviel v. Texas, 723 S.W.2d 141 (Tex. Ct. Crim. App. 1986); and Allen v. Alabama, 502 So. 2d 389 (Ala. Ct. Crim. App. 1986). (0 ref)

FRISCH, JOHN R
Our years in hell: American addicts tell their story, 1829-1914.
Journal of Psychedelic Drugs; 1977 Jul-Sep Vol 9(3) 199-207
Summarizes 16 subjective reports of addictive experience before 1914, the year when a law was passed in the US to control narcotics. The addicts considered narcotics as evil, criticized physicians for prescribing carelessly, and attributed their habits to the stress of life in 'modern times.'

MIDDAUGH, LAWRENCE D; FAVARA, JEAN P; BOGGAN, WILLIAM O; STRINGER, AMY J
Discriminative properties of phencyclidine in mice: Generalization to ketamine and monohydroxy metabolites.
Psychopharmacology; 1988 Nov Vol 96(3) 381-384
Examined the discriminative properties of phencyclidine (PCP) and their generalization to the effects of ketamine and monohydroxylated PCP metabolites in 9 male mice. As previously reported for pigeons (D. E. McMillan et al; see PA, Vol 75:3817) and rats (B. L. Slifer and R. L. Balster; see PA, Vol 74:3474), PCP was discriminable in Ss at a training dose of 3.0 mg/kg. PCP discriminability generalized to test doses of the drug that did not influence response rates and also to ketamine. PCP partially generalized to 1-(1-phenylcyclohexyl)4-hydroxy piperidine (PCHP) but not to 1-(1-phenyl-4-hydroxycyclohexyl) piperidine. The generalization of the PCP stimulus to PCHP was not as extensive in mice as previously reported for rats, suggesting that it may be less potent in this species.

Price, Lawrence H; Ricaurte, George A; Krystal, John H; Heninger, George R
Neuroendocrine and mood responses to intravenous l -tryptophan in 3,4-methylenedioxymethamphetamine (MDMA) users: Preliminary observations.
Archives of General Psychiatry; 1989 Jan Vol 46(1) 20-22
Nine Ss (aged 22-47 yrs) with a current or recent history of MDMA ('ecstasy') abuse and 9 healthy matched controls were tested for 5-hydroxytryptamine (5-HT) function, serum prolactin (PRL) level, and mood responses after iv L-tryptophan (TRY). Ss received 7 g of TRY in saline, and samples for PRL were obtained before and at intervals during the test; Ss also completed a mood scale. Data indicate that the peak change in PRL concentration after TRY was 46% lower in MDMA Ss. All Ss reported significant decreases in energy and happiness. Findings suggest altered 5-HT function in MDMA users but the differences were not statistically significant.

STREIT, FRED; OLIVER, HILORY G; BOBER, ANNE M
The relationship between drug use and perceived availability in the schools.
Drug Forum; 1973 Spr Vol. 2(3) 299-308
Investigated the factors associated with abuse of marihuana, LSD, barbiturates, and amphetamines in the schools of Montgomery County, Pennsylvania, from January through September 1971, focusing on the child's perception of the availability of these drugs. It is argued that drug control legislation and law enforcement are heavily dependent on the assumption that there is a significant correlation between these 2 variables. Results of the study show a significant relationship between the self-reported use of marihuana and its perceived availability among Montgomery County youth in the schools. There was no evidence of a significant relationship between the self-reported use of LSD, barbiturates, and amphetamines and their respective availabilities.

Tohhara S; Kato A; Tsuji M; Nakajima T; Kato N
[A case of traveller who showed heroin withdrawal after returning from abroad]
Arukoru-Kenkyuto-Yakubutsu-Ison; 1991 Oct; 26(5); P 391-400
A 28-year old Japanese man with heroin abuse was reported. He is an ex-beautician and has abused a variety of substances such as toluene, marihuana, methamphetamine, LSD, and so on since he was in a junior high school in Japan. He experienced an intravenous injection of heroin for five days on his first trip to Thailand in 1989. Soon after he returned home, he went back there to use heroin again. He also experienced tearing and running nose as withdrawal at the end of his ten-day trip. During his third stay there he got a job as a wholesale dealer of heroin under a illegal drug organization in the northern part of Thailand. Before he returned home in Japan, he managed to withdraw from heroin by reducing the dose and replacing it with opium smoking. On his fourth trip he failed to withdraw from heroin and injected the drug intravenously at Chiang Mai Airport before leaving Thailand. He began to show acute heroin withdrawal just after he arrived in Osaka, Japan and sought treatment without telling heroin abuse. He was hospitalized next day and soon showed more severe withdrawal and delirium for next ten days. The delirium was thought to be due to not only heroin but the other drugs which he used. Recently heroin abuse, once prevalent during the latter half of 1950s in Japan, has been hardly seen owing to changing the law to severe punishment in 1963. To avoid strict regulations in home some of young Japanese seem to travel abroad and abuse drugs in Asian countries where the drugs are easily available.(ABSTRACT TRUNCATED AT 250 WORDS)

WINKELMAN, MICHAEL; BHARATI, AGEHANANDA; BOURGUIGNON, ERIKA; DE RIOS, MARLENE DO
Magic: A Theoretical Reassessment
Current Anthropology; 1982, 23, 1, Feb, 37-44.
A comparison of aspects of magical belief & practice with elements identified in experimental parapsychology suggests that some magical phenomena may have their basis in what parapsychologists call psi. Similarities are found between magic & parapsychology in: (1) conditions that facilitate the manifestation of magical & psi phenomena, (2) the mental processes implicated as effective in producing such phenomena, (3) the basic principles underlying these phenomena, (4) the characteristics of the phenomena likely affected by magical action & psi, & (5) the characteristics of the origin of magic suggested by Bronislaw Malinowski ('Magic, Science, and Religion' in Magic, Science, and Religion and Other Essays, New York: Doubleday [Anchor], 1954, 17-92) & the characteristics of the basis of psi. These congruences are used to identify aspects of magic likely to be psi-related. Previous theories of magic are integrated in a theory that places psi & other universal psychological phenomena at the basis of magic, & explains the integration of magical, social, cosmological, & religious phenomena as a product of metaphoric predication & analogical thinking. Comments are offered by Agehananda Bharati (Syracuse University, NY), Erika Bourguignon (Ohio State University, 124 West 17th Ave, Columbus), Marlene Dobkin de Rios (California State University, Fullerton), Alan Dundes (University of California, Berkeley), Jule Eisenbud (4634 East 6th Ave, Denver, Colo), Felicitas D. Goodman (Cuyamungue Institute, 114 East Duncan St, Columbus, Ohio), C. R. Hallpike (McMaster University, Hamilton, Ontario), Ake Hultkrantz (Seglarvagen 7, 181 62 Lidingo, Sweden), I. C. Jarvie (1044 19th St, Santa Monica, Calif), Barbara W. Lex (Alcohol & Drug Abuse Research Center, McLean Hospital, Belmont, Mass), Joseph K. Long (Plymouth State college, Plymouth, NH), Leonard W. Moss (Wayne State University, Detroit, Mich), Richard J. Preston (McMaster University, Hamilton, Ontario), Lola Romanucci-Ross (University of California San Diego, La Jolla), Hans Sebald (Arizona State University, Tempe), Dean Sheils (University of Wisconsin, La Crosse), Philip Singer & Kate Ware Ankenbrandt (Center for Health Sciences, Oakland University, Rochester, Mich), & Sheila Womack (University City Science Center, 3624 Market St, Philadelphia, Pa), with a Reply by Michael Winkelman that examines several issues: the magic/psi linkage as a new paradigm, the definition of magic, cultural factors shaping response to reports of psychokinesis & conceptualizations of psi & mana, the relationship between psychosomatic & psychokinetic effects, the reliability of parapsychological research, & misrepresentations contained in the criticisms presented. 258 References.

The Entheogen Law Reporter

Issue No. 10 Spring 1996, pp. 91-99

• Ninth Circuit Holds RFRA Applies in Entheogen Cases
  • Practice Pointers: RFRA & the Religious Use of Entheogens
• Supreme Court Decides LSD Case
• Government Returns Peyote and Drops Charges Against Arizona Couple
• Shulgin Legal Fund
• Minor's Conviction for Possessing Fake LSD Upheld
• Information Sources: Mind Books
• Florida Psilocybe Case Bars Mushroom Conviction
• CSP Presents "Code of Ethics for Spiritual Guides"
• Back Matter

The Entheogen Law Reporter Issue #9 - Winter 1995 ISSN 1074-8040 Chicago Police Seize Artwork: [10,000 Doses by Gregory Green] Entheogens Around the World Rene Rikkelman, a Dutch Journalist whose writings have been published in the European entheogen-oriented magazines, Soft Secrets and Psycho-Active Network, filed this report about the "Dutch Mushroom Pandemic". John Allen on Psilocybin-Containing Mushrooms in Southern Asia Jochen Gartz on the absence of Analog Drug Laws in Europe: DPT, 2-CT-7 and 2-CE, Psilocybe semilanceata in the UK, Natural Species Protection Act in Holland. Q+A: Where are spore prints legal? Is it safe to order from exotic plant companies? When is a drug an illegal analog? Is growing a plant manufacturing a drug? Is nitrous oxide legal to possess and inhale? Supreme Court Hears LSD Case Book Review: New Book by Jonathan Ott [The Age of Entheogens/Angel's Dictionary] Serve Your Community: Donate a TELR subscription to a Court or Law School Library.

HALLUCINOGENIC MUSHROOMS LEGAL IN FLORIDA - Miami Herald - 12-05-95 - Associated Press - Fort Pierce, Flordia - A judge has ruled that hallucinogenic mushrooms are not illegal because the law forbidding possession of the mind-expaning drug does not cover the fungus that produces it. Jeff Garland a Fort Pierce lawyer, pesuaded a St. Lucie County Circuit judge last week to throw out a mushroom charge against his client, citing a little-known Supreme Court decision. Garland said a 17-year old Florida Supreme Court ruling says that mere possession of the mushrooms is not unlawful. The high court, he said, ruled that the law prohibiting possession of psilocybin, a powerful hallucinogen, does not cover the fungus that yields it. Garland said the decision was indexed incorrectly in the Southern Reporter, the reference book that records all Supreme Court cases. "I stumbled across it when I was looking for something else," Garland said. "I just tucked it away, waiting for the day I'd need it." Psilocybin has been illegal since 1975. Since then, police have been arresting people possessing mushrooms, based on the psilocybin statute. The Supreme Court ruled in 1978 that the "statute failed to advise a person of ordinary common intelligence that such substance was contained in a particular species of mushroom." The high court explained how the statues could be rewritten to apply to mushrooms, suggesting that it include the scientific name of the fungus. But 18 years later, the statues remains unchanged. "It would be a stretch of the imagination to say that the reason that the defendant trespassed on property and began to pick mushrooms from cow manure was to expand the color of his dinner salad." wrote prosecutor Tony Schwab in his memo to the court. But Circuit Judge Cynthia Angelos, citing the high court ruling, threw the case out. A sheriff's spokesman, Mark Weinberg, said 15 of the 17 people arrested on psilocybin charges also were charged with trespassing.

The Entheogen Law Reporter Issue No. Five - Winter 1994 pp.39-47: The Jurisprudence of Peyote in the U.S. More on the Religous Use Declaration in issue No. 4. Ayahuasca. Ketamine. Final rule on AET (AlphaEthylTryptamine).

The Entheogen Law Reporter Issue No. Four - Fall 1994 pp.28-38: Entheogens and Free Exercise of Religion - including the Religous Use Declaration. Founder of Marijuana-using church arrested. Harmine. Ketamine. California statutes on mushroom spores. Recent LSD carrier-weight cases. Indiana case challenges illegal mushrooms. Spore seller sentenced. Mail search update.

The Entheogen Law Reporter Issue No. One - Winter 1993 pp.1-6: A complete and up-to-date listing of the "Hallucinogens" explicitly outlawed under Federal law. DEA declares Khat illegal. DEA Notices intention to schedule 2-CB. Survey of 1993 published opinions on entheogens. The "Drug Package Profile."

The Entheogen Law Reporter Issue No. Seven - Summer 1995 pp.59-69: Opium-using Hmong Shaman Wins Reprieve From Deportation The Legal Status of Catha edulis (aka khat) Plant growing Equipment as Illegal Drug Paraphernalia? AIRFA Protects Indian's Use of Peyote While on Probation DEA Issues Final Rule on 2C-B (aka Nexus) The Antidote to Delusion Prior Ingestion of LSD Does Not Defeat Possession Conviction Is Red Pepper Mash (aka Tabasco Sauce) a "Dangerous Weapon?"

The Entheogen Law Reporter Issue No. Six - Spring 1995 pp.48-58: Recent LSD cases on mandatory minimums. Ketamine-related arrests. Indiana case: Psilocybin v. Psilocybe mushroom. Religious Freedom Restoration Act: Law Review articles of note. Death of an Ally. International Mail Search Case. LSD sentence entrapment. Dog alert to drug-tainted currency. The spectacle of deterrence. DEA jurisdiction. Trichocereus peruvianus. Brugmanisa candida outlawed in Maitland, Florida. Archaic New Jersey law outlaws Jimson Weed (Datura). New York seizures of bufotenine.

The Entheogen Law Reporter Issue No. Three - Summer 1994 pp.16-27: Magic Mushroom case-law Spore seller raided. First religious freedom restoration act drug case. Update on Bufo alvarius (toad) cases. Supreme Court construes mail order paraphernalia act. Mail search update.

The Entheogen Law Reporter Issue No. Two - Spring 1994 pp.7-15: Agents arrest man and woman for smoking toad venom. State-by-State survey of exemptions for religious Peyote use. Federal mushroom conviction upheld. 2-CB and AET Updates. The law of consensualsearches.

Federal Anti-Drug Laws May Violate Commerce Clause excerpt from: The Entheogen Law Reporter - Issue Eight, Fall 1995, Page 72

The Comprehensive Drug Abuse Prevention and Control Act of 1970 is the law that established the federal scheduling system for "narcotic" or "dangerous drugs. ... In enacting the federal law, Congress asserted that it was acting entirely within its power to regulate interstate commerce. (See TELR #6, page 57 for a verbatim quote from the Act itself explaining Congress' weak reasoning in this regard.) Previous legal attacks aimed at showing that the federal drugs law was not authorized by the Commerce Clause have all been rejected under Supreme Court precedent which has historically permitted Congress broad powers in this area [1]. However, [...] "the law" is ever changing and presents few bright lines. A new case can entirely dismantle decades of line-drawing and statutory or constitutional interpretation. Just such a case was recently decided by the United States Supreme Court, calling into question the constitutionality of the federal anti-drug law. In United States v. Lopez[2], decided on April 26, 1995, the Supreme Court struck down the federal law which made it a crime to possess a gun within 1000 feet of a school [3].This was the Supreme Court directly telling the Congress that it had overstepped it's powers. The gun law, said the Court, was only tangentially related to interstate commerce and, hence, would not be justified under the Commerce Clause. Interstate commerce, found the Court, was not "substantially affected" by someone possessing a gun near a school. Commenting on the Lopez decision, constitutional law scholar, Erwin Chemerinsky, recently questioned whether many federal drug laws might be vulnerable to a renewed attack on the ground that they do not fall withing the Commerce Clause and, hence, are outside Congress' regulatory power. Discussing the potential wide-spread ramifications of Lopez, Professor Chemerinsky explained: The majority's narrow definition of Congress' powers gives the Court a basis for striking down countless federal laws. For example, many federal drug laws might be vulnerable because they regulate activities that are only tangentially related to interstate commerce. Likewise Lopez can be used to challenge federal RICO prosecutions where there is not a strong relationship between the activity and interstate commerce.... The Lopez decision opens a door to constitutional challenges that appeared to have been closed almost 60 years ago. [4] ... Notes: [1] In a 1964 opinion, the Court stated, "the authority of Congress to keep the channels of interstate commerce free from immoral and injurious uses had been frequently sustained, and is no longer open to question." Heart of Atlanta Motel, Inc. v. U.S. (1964) 379 U.S.241,256[85 S.Ct.348,13,L.Ed.2d 258].) [2]U.S. v Lopez (1995) 115 S.Ct. 1624, 131 L.Ed.2d 636. [3]Gun-Free School Zone Act of 1990; 18 U.S.C. sec 992(q)(1)(a) & 921(a)(25). [4]Chemerinsky, E. "Interpreting the Constitution: A Dramatic Conservative Turn" in August 9-16, 1995 Res Ipsa 11. Click here for the full text of this article.