July 26, 2000
Changes Made to
Methamphetamine Anti-Proliferation Act
Yesterday (Tuesday, July 25, 2000) The House Judiciary
Committee concluded its examination of the Methamphetamine Anti-Proliferation Act (H.R.
2987) after making several important amendments.
Significant changes are as follows:
1. The Committee struck the controversial
section of the bill that would have criminalized certain speech concerning controlled
A legislative analysis of the information prohibition by
the Center for Cognitive Liberty & Ethics, which was submitted to all members of the
judiciary committee, showed that the prohibition would violate the First Amendment and
could have been used by law enforcement agents to arrest providers of harm reduction
information, and to silence advocates of drug policy reform.
Again, the amended bill, has entirely removed this nefarious provision.
2. The Committee struck the section of the bill
that would have made it a federal offense to link to a Web site that sells drug
The legislative analysis of this provision by the Center for Cognitive
Liberty & Ethics, showed that the provision was overbroad in that it would have made
it a crime to link to a Web site that sells medical marijuana or water pipes useful for
medicinal users of marijuana. Blacking out information on where authorized patients may
acquire medical marijuana (or the tools for reducing the harm of ingesting medical
marijuana), would have unnecessarily and callously threatened the health of many ill
people. Again, this provision was entirely struck.
The Committee struck the "Sneak and Peek" provisions that would have allowed law
enforcement agents to secretly enter a person's home, conduct a search, and leave without
ever giving notice to the resident.
The Committee accepted the substitute bill proposed by Representative Bill McCollum, which
sought to append the Club Drug Anti-Proliferation Act of 2000 (H.R. 4553) to the
Methamphetamine Anti-Proliferation Act. This means that H.R. 2987 is now titled The
Methamphetamine and Club-Drug Anti-Proliferation Act of 2000, and orders the US
Sentencing Commission to raise the punishment for MDMA (Ecstasy) and similar drugs, so
that they are as stiff as those for methamphetamine offenses.
The analysis by the Center for Cognitive Liberty & Ethics, shows
that the sentencing provisions of the Club Drug Act are significantly flawed in several
respects and, as a result, provide an incentive for dealers to sell methamphetamine (or
other substances) as Ecstasy. Inasmuch as many injuries associated with MDMA use at raves
are the result of receiving adulterated and bogus Ecstasy, the Club Drug Act
provisions will significantly increase the dangers associated with MDMA.
The Judiciary Committee will now prepare a report on
the bill before it is returned to the floor of the House of Representatives.
A full report on the flawed provisions of the Club
Drug Anti-Proliferation Act (which is now a part of H.R. 2987), can be obtained from the
Web site of the Center for Cognitive Liberty & Ethics (CCLE), at:
To have a copy of the report faxed or mailed to you,
please contact the CCLE by e-mail to: firstname.lastname@example.org or
by telephone at 530-750-7912.
More information about the Club Drug
Anti-Proliferation Act of 2000 and the similar Ecstasy Anti-Proliferation Act of 2000, is
available on the Internet at: http://www.cognitiveliberty.org/ecstasybill.htm
the Center for Cognitive Liberty & Ethics
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center working in the public interest to protect fundamental civil liberties. The Center
seeks to foster cognitive liberty the basic human right to unrestrained independent
thinking, including the right to control ones own mental processes and to experience
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