....C o n tin u e d fro m
D ev.
Hults
1 The Premise— W hatever the constitutional mandate, we
believe legislators ought to begin as a m atter of policy with the
assumption th at conduct harm ful only to the actor is not
legitimate subject for the criminal law. In the hrst place, notions
of blameworthiness, if not immorality, should underlie any
criminal statute. Yet contemporary western man increasingly
regards as blameworthy only that which directly or indirect y
harms others; the presumption ought therefore to be th at con
duct harm ful only to the actor should be deterred through means
other than the crim inal law.
.
,
Second, to the degree that the society continues to render
moral judgments regarding purely personal conduct, we do not
agree with Lord Devlin that the criminal law is ever the appro
priate vehicle for the imposition on the m inority of the domi
nant personal moral code. In this day of ram pant relativism,
imposition on the minority of the dominant personal morality
is presumptuous and suspicious.
We . . . share Justice Brandeis’ warning that government is
most dangerous when it purports to “help” the individual citi
zen. In fact, we believe th at contemporary society is ill advised
to insist on homogeneity of conduct, even where the m ajority
continues to attach moral blame. The danger of regimentation
and stultifying conformity is one of the param ount disutilities
of modem technological society. We feel it encumbent on the
legislators as designers of the social order to promote the widest
possible latitude for private conduct so as to encourage the diver
sity th at fosters the creative element in any productive society.
A th ird related reason for this policy premise is th at the
benevolent societal goal of protecting the actor from bis own
folly, if it should be effectuated at all, can be achieved by means
other than the criminal law. Indeed, use of the criminal law for
this purpose is generally less effective than other means because
.i
i
co I f ia
n r final
fin a l rationale
ra tio n a l©
of « the
difficulty
of enforcement, vukirvk
which if itself
is n our
for the initial premise. Laws prohibiting purely personal or
consensual conduct have an ancillary effect which causes more
harm to the social fabric than the mere offensiveness of deviant
personal conduct—the inevitable collision of law enforcement
techniques with constitutional limitations. Sacred protection of
the int ividual’s right to privacy is, to us, a far more noble end
than the protection of the individual from his own folly, as
defined by the dominant segment of society.
We do not pretend to have settled or even enriched the con
tinuing philosophic debate regarding “crimes without victims.
However, since the only rationale remaining for marihuana pro
hibition is that it is harmful to the user, legislative adoption of
our position on this issue would dictate partial or total repeal
of existing law. I t should be noted that an increasing number
of lawyers, philosophers and social scientists have taken this
position. We recommend it to the state and" federal legislatures.
2. Statutory Recommendatwna— e offer first a statutory
scheme which might be palatable to legislators who still fear
that further study will reveal that marihuana use has long-
range ill effects. While we do not think this fear justifies per
petuation of existing statutes, it will justify a scheme which
permits those who choose to smoke m arihuana to do so but which
inhibits spread of the conduct; that is, it simply takes the users
of marihuana out of the criminal process.
For this minimal solution, we propose:
(a) prohibiting possession of more than 4 ounces of marihuana
unless the defendant can show that it was possessed solely for
personal use;
(b) prohibiting public use of the drug;
(c) proscribing driving or operating any other dangerous
machine while under the influence of the drug;
(d) proscribing transfer to any one party of more than 4
ounces of marihuana;
(e) prohibiting transfer of any amount to persons below the
age of 16;
(f) punishing all violators as misdemeanants.
The prohibiting of possession or sale of more than 4 ounces
of the drug fulfills the possibly justified legislative goal of lim
iting mass distribution and proselytizing the use of marihuana.
We feel that none of the im portant values of right to privacy
or individual freedom are involved when one individual goes
beyond his own private use of the drug to proselytize. However,
as we have seen above, the realities of the marketplace are such
that the average user might sell to friends to support his own
use. O ur arbitrary choice of 4 ounces as the cutoff point for the
criminal process reflects an assumption, based, on current trade
practices, that it will keep the small seller out of the criminal
irocess while ensnaring the mass distributor. Of course, this
g igure should be raised or lowered if prevalent market conditions
change . . . .
. . .
I t should be reiterated that we view the above statutory
scheme as a minimal response th at protects what might be per
ceived as legitimate public goals while not infringing the n g h t
to privacy. However, some form of legal dissemination of the
drug accords philosophically and practically with the logic of
the authors’ views. To this end we both predict and urge that
each state adopt a regulatory scheme—either the licensing or
state monopoly models—to control cultivation, distribution and
consumption of marihuana in the same way those states now
regulate the use of alcohol. The benefits of .such a system, espe
cially if a state monopoly controls cultivation and distribution,
are m anifold: F irst, the state can regulate the quantity and the
potency of the drug produced. Second, the state can restrict the
age and other eligibility of the purchaser. Third, and most
important, the state can Ux the purchaser providing a valuable
source of revenue to the states in a time when lack of revenues
is becoming a more and more serious problem. As a corollary,
to the limited extent th at organized crime is involved in the
marihuana trade, any such regulatory scheme would both divert
the revenue from the coffers of the Mafioso and eliminate possi
ble contact between the marihuana users and its henchmen.1**
Editorial Ê
Now & Then
Your beloved editor has great news!! Uncle
Mike’s Guide to the Real Oregon Coast, with
disturbing illustrations by Steve McLeod, is not only
selling like pancakes at a Legion Breakfast, but a
‘sequel’ might be coming to a bookstore near you,
soon. Could it be, “Uncle Mike’s Guide to the Real
West Coast, with even more disturbing illustrations
by Steve McLeod”, is in our future? Stay tuned.
And again, good stuff, Sally LackalI s Wildlife
on the Edge” is just about at the printers. A mere
few thousand bucks stand in our way. So, if you
happen to have the aforementioned several grand,
write a check to The Cannon Beach Arts Association,
and put Left Coast Group on the Memo line, and the
wonderful will continue.
While we are begging for money, we must pause
and remember those who have made what we have
done so far possible. We don’t know if our readers
from around the planet understand what a unique
village Cannon Beach is. In spite of the yuppization,
and the rampant building, and high cost ol survival,
it still is a village on the edge of the ocean, and all
that entails. The people here, probably less than a
thousand that live here year-round, get to know each
other by rote. We all know who has problems with
their business, marriage, drugs, their kids, money,
etc. There is gossip, there are groups that hang out
together, a social strata, but if it s a full gale blowing
and the power is out, we all know we are in this
together, if it’s August, and you can t park, and it
takes an hour to buy stuff for dinner, and you see a
local you don’t really know too well, you smile
anyway, or wave, and shake your head, again, we
go through these times together, and share the gains
and losses, and if we survive, the village shows its
support. Since the Edge goes out lar beyond this
village, we are able to share our experiences far and
wide, and, of course, find that they are much like our
readers’, no matter where they live. And both here
and there we have found incredible support. So, in
case we didn’t make it clear; THANK Y OU! !
In this issue we will be welcoming a new regular
column by James Patton, writer and teacher, and
general all around curmudgeon.
Also, in this issue is a very personal piece about a
very local and tragic event. Those of our readers
who also check out the main stream press, might
have read of the triple murder/suicide committed by
our local physician, Dr. Cornwall on himself and his
three young daughters. This is not the kind of story
we regularly print in the Edge. But, Mary Ann
Radmacher-Hershey, like many in the village, was
so effected by the deaths of these three innocent girls
who had lived among us for most of their short lives,
had to express her thoughts. There is talk locally of
something in the way of a memorial to remind us that
it often takes a village to save our children.
I n iP P E R L E F T E D O M
E d ito r /P u b lish e r/J a n lto r : The
Beloved Reverend Billy Lloyd Hults
G ra p h ics Editor: The Humble Ms.
Sally Louise Lackaff
C o p y E d ito r /S c ie n c e E d ito r /V o ic e
o f R e a so n /In d ia n C o u n tr y /U n c le
M ik e/etc.: Michael Burgess
W ild life Inform antZ M usic R ep o rter
at Large: Peter "Spud" Siegel
E d u cation E d ito r Peter Lindsey
Im p ro v isa tio n a l E n gin eer: Dr.
Karkeys
P a s te /P r o d u c tio n /P r o o f R eader:
Myma Uhlig
B ass Player: Bill Uhlig
P oetry E ditor: John Buckley
W ine Expert: Jim Anderson
P o litica l C onsu ltant: Kathleen
Krushas
E n v iro n m en ta l N ew s: Kim Bossé
M r. B aseball: Jeff Larson
L ocal C olour: Ron Logan
J u n e's G ard en : June Kroft
W E B B uilder: Liz Lynch
E ssen tial S ervices: Ginni Callahan
B u sin ess: Becky Hart
Ad Sales: Katherine Mace
M ajor D istribution: Ambling Bear
These views, articulate and carefully reasoned, are more than ade
quate to summarize our discussion of marihuana.
Cannon Beach Jupiter's Rare and Used Books, Osburn's
Grocery, The Cookie Co., Coffee Cabaña, Bill's Tavern,
C an n o n Beach Book Co., Haine's Bakerie, The Bistro,
Midtown Café, Once Upon a Breeze, Copies & Fax,
Healher's.The Homegrown Cafe, Haystack Video, Mariner
Market, Esspresso Bean, Ecola Squard & Cleanline Suri
M anzanita: Mother's Nature Juice Bar, Bayside Gardens,
Cassandra's, Manzanita News & Espresso, Pacific Coast
Books & Coffee, & Nehalem Bay Video
Nehalem: Mermaid Cafe
Rockaway: Sharkey's
Tillamook: Rainy Day Books
Garibaldi: Garibaldi Books
Bay City: Art Space
Yachats: By-the-Sea Books
Pacific City: The River House, Far Country Books, &
Village Merchants
Oceanside: Ocean Side Espresso
Lincoln City: Trillium Natural Foods, Driftwood Library,
& Lighthouse Brewpub
Depoe Bay: Oregon Books
Newport: Oceana Natural Foods, Café DIVA, Cosmo Café,
Bookmark Café, Newport Bay Coffee Co., Cuppa tunes, Bay
Latté. Ocean Pulse Surf Shop, Coastal Coffee Co., Sylvia
Beach Hotel, Green Gables Bookstore/B&B, & Canyon Way
Eugene Book Mark, Calé Navarra, Eugene Public Library,
Friendly St. Market, Happy Trails, Keystone Café, Kiva
Foods, Lime C.C., Light For Music, New Frontier Market,
Nineteenth Street Brew Pub, Oasis Market, Perry's, Red Bam
Grocery, Sundance Natural Foods, U of O, & WOW Hall
Corvallis: The Environmental Center,OSU..
Salem: Heliotro|ie, Salem Library, & Hie Peace Store
Astoria: KMUN, Columbian Café, The Community Store,
The Wet Dog Cafe, Astoria Coffee Company .Café
Uniontown, & Shark Rock Cafe
Seaside: Buck's Book Bam, Universal Video, & Cafe
Espresso
Portland: Artichoke Music, Laughing Horse Bookstore, Act
III, Barnes & Noble, Belmonts Inn, Bibelot Art Gallery, Bijou
Café, Borders, Bridgeport Brew Pub, Capt'n Beans (two
locations), Center for the Healing Light, Coffee People (three
locations), Common Grounds Coflee, East Avenue Iavem,
Food Front, Goose Hollow Inn, Hot Lips Pizza, Java Bay
Café, Key Largo, La Pattisserie, Lewis & Clark College,
Locals Only, Marco's Pizza, Marylhurst College, Mt. Hood
CC, Music Millenium, Nature's (two locations), NW Natural
Gas, OHSU Medical School, Old Wives Tales, Ozone
Records, Papa Haydn, PCC (four locations), PSU (two
locations), Reed College, Third Eye, TransCentral Library, &
YWCA
Cornelius: The Weekend Garden Market
The Dalles: Klindts Bookseller
Hood River: Purple Rocks Art Bar, & Cafe
Ashland: Garo's Java House, The Black Sheep, Blue Mt.
Cafe, & Rogue River Brewery
Cave Junction: Coffe Heaven & Kerby Community Market
(Out of Oregon)
Longview, WA: The Broadway Gallery, & Carat Patch
Long Beach, WA: Pacific Picnics
Naselle, WA: Rainy Day Artisty
Nahcotta, WA: Moby Dick Hotel
Duvall, WA: Duvall Books
Bainbridge Island, WA: Eagle Harbor Book Co.
Seattle, WA: Elliot Bay Book Co., Honey Bear Bakery ,
New Orleans Restaurant, Still Life in Fremont, Allegro
Coffeehouse, The Last Exit Coffee House, & Bulldog News
San Francisco, CA: City Lights Bookstore
Denver, Co: Denver Folklore Center
New York, NY: The Strand Book Company
Washington, D.C: Hotel Tabard Inn
HAMLET BUILDERS, INC.
436-0679
Chris Beckman
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C o o rd in a to r: Karen Brown
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LETT COAST SMKP
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Do n o t reg ret growing older. It is a
privilege denied to m any.
D & th IftUKOWW.
M argaret K ing
O bituary: William Burroughs, last of the “beatnik” writers, who
gained fame and fortune writing about his homosexuality, and
heroin addiction, died August 4th 1997 at 83 years of age.
Let that be a lesson, kiddies.
Tim Davis
P O. Box 174 Tolovana Park, OR 97145 CCB # 4 1 0 9 5
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