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FIGHTING "CHEECH AND CHONG" MEDICINE


5/19/02

       I wanted to bring your attention to this article proving that the genesis of ONDCP's entire paid media campaign was the passage of mmj initiatives in 1996. Following Drug Czar John Walters recent pronouncement that the ads actually do a poor job of influencing behavior (a topic I and other journalists will be weighing in on: see my initial salvo in the WSJ letters column, hopefully Monday, 5/20/02, or Tuesday and Cynthia Cotts, "Press Clips", Village Voice next week), the government's paid propaganda campaign is coming under renewed scrutiny. One bit of research, which I excerpt below, failed to achieve the notice I believe it deserves. Based on court documents, it proves the media campaign arose from governtment officials deciding to throw public funds into the breach against Soros/Lewis/Sperling money.

       Feel free to reprint this e-mail on your site.

Regards,
Daniel Forbes
ddanforbes@aol.com

       These excerpts are from Salon, 7/27/00: Fighting 'Cheech and Chong' Medicine, the phrase being Clinton Drug Czar, Barry McCaffrey's, not Salon's headline writers. http://www.mapinc.org/drugnews/v00/n1057/a07.html


FIGHTING "CHEECH AND CHONG" MEDICINE

By Daniel Forbes (ddanforbes@aol.com)

       Did The White House Drug Office Go Too Far in Trying To Stop the Spread of Medical Marijuana Initiatives?

       When voters in California and Arizona passed ballot measures legalizing medicinal marijuana in November 1996, White House drug czar Gen.  Barry R.  McCaffrey mobilized his troops to combat the spread of what he had previously called "Cheech & Chong" medicine. 

       McCaffrey quickly proposed that doctors who "recommend or prescribe" marijuana be stripped of their DEA registration -- that is, their ability to write prescriptions for controlled substances -- and be excluded from treating Medicare and Medicaid patients. 

       But a group of California doctors and patient advocacy groups sued to enjoin those restrictions, and a federal judge agreed.  Now that same lawsuit provides evidence of a more ambitious, but less well-known, effort by McCaffrey's Office of National Drug Control Policy to stop the spread of state initiatives legalizing medical marijuana -- an effort that, among other achievements, helped inspire the ONDCP's controversial taxpayer-funded, anti-drug media crusade. 

       The cooperation of the ONDCP and its key ally, the Partnership for a Drug-Free America, in the fight against medical marijuana is a little known chapter in the annals of the nation's ongoing drug war. 

SNIP

       Within days of the California and Arizona pot initiatives' passage, for instance, McCaffrey convened a high-level meeting of some 40 government and private sector drug warriors to plan a response to the medical marijuana threat.  At least one participant knew at the time that the meeting -- convened by federal officials to counter the will of state voters -- would be controversial if word of it ever became public. 

       "The other side would be salivating if they could hear [the] prospect of [the] Feds going against the will of the people," commented Robert Wood Johnson Foundation vice president Dr.  Paul S.  Jellinek, according to notes of the meeting taken at the time and uncovered by the California doctors' lawsuit. 

       Daniel Porterfield, who is currently vice president of communications for Georgetown University, attended the meeting as a deputy assistant secretary in charge of coordinating various anti-drug efforts within Health and Human Services.  He told Salon, "The reason for the meeting was to organize the effort for the other 48 states."

       One outcome of the meeting was a determination to step up the media war against drugs, which helped lead to ONDCP's paid media campaign. 

SNIP

       It was Nov.  14, 1996, just nine days after the passage of medical marijuana initiatives in California and Arizona, that McCaffrey convened the first meeting at ONDCP's Washington office. 

       The attendees included then DEA administrator Thomas A.  Constantine and three other DEA officials; seven ONDCP staffers; and representatives of the FBI as well as the U.S.  Departments of Justice, Treasury, Education and Health and Human Services.  Also present were White House domestic policy adviser Leanne Shimabukuro and public liaison Christa Robinson, plus eight senior executives from private groups supportive of the drug war, including the president of the Partnership for a Drug-Free America. 

SNIP

       The two sets of contemporaneous notes surfaced as part of the discovery process in the federal lawsuit Conant vs.  McCaffrey, currently under adjudication in the U.S.  District Court for the Northern District of California.  The lawsuit was filed in response to Gen.  McCaffrey's formal policy statement -- issued Dec.  30, 1996, at a press conference attended by Attorney General Janet Reno, Health and Human Services Secretary Donna Shalala and a DEA official -- in which he threatened to revoke the federal prescription-writing privileges of doctors who recommended or prescribed medical marijuana to their patients, bar them from treating Medicare and Medicaid patients and criminally prosecute them.  The plaintiffs were granted a preliminary injunction; the next court date is Aug.  3. 

       Attorneys for the plaintiffs provided Salon with copies of documents the federal government has made available to them as required by the court in the case's discovery process. 

SNIP

       According to the notes, James E.  Copple, then president and CEO of the Community Anti-Drug Coalition of America, told his colleagues, "Need to frame the issue properly -- expose this as legalizers using terminally ill as props." Maricopa County District Attorney Richard Romley, who led the Arizona delegation, stated that, "Even though California and Arizona are different prop[osition]s, the strategy of proponents is the same.  It will expand throughout the nation if we all don't react."

       As summarized in the documents' clipped parlance, Copple also told those gathered at the meeting, "We'll work with Arizona and California to undo it and stop the spread of legalization to other 48 states. 

       Twenty-seven states have the potential." He added, "Need to go state by state.  $ to do media." And Orange County Sheriff Brad Gates, long a prominent critic of medical marijuana, is quoted as saying, "Legalizers are going national. 

       We need to get organized quickly to counter the Americans for Compassionate Use" -- a pro-medical-use group. 

       In addition to Copple's statement regarding media funding, comments from two executives of the private Partnership for a Drug-Free America suggest that the meeting was a major catalyst in replacing the nonprofit advertising and media industry umbrella group's then nearly decade-old, donated-media public service campaign with a taxpayer funded effort.( PDFA is an unpaid consultant in ONDCP's media campaign, and its name appears on all of the campaign's advertising.  ) As PDFA executive vice-president Mike Townsend stated at the meeting, "National Partnership [PDFA] concerned about what they can do about spending $ to influence legislation."

       One attendee who asked not to be identified said, "I recall a general discussion of the media campaign, what should and shouldn't be done."

       PDFA president Richard Bonnette laid out the challenge to the group.  "We lost Round I -- no coordinated communication strategy. 

       Didn't have media," the notes quote Bonnette telling his colleagues.  One participant not clearly identified in the notes asked the gathering, "Who will pay for national sound bites? Campaign will require serious media and serious $."

       PDFA's Townsend suggested the group should reach out to "California parents" and, according to the notes, said the effort required "$175 million.  Try to get fedl $." In fact, that was the amount backers of the anti-drug media campaign first asked Congress for, according to Rep.  John L.  Mica, R-Fla., chair of the Criminal Justice, Drug Policy and Human Resources subcommittee of the House Government Reform Committee.

SNIP

       During the meeting, attendees viewed television commercials paid for during the elections by proponents of the medical marijuana initiatives.  The notes summarize the remarks of Orange County Sheriff Gates as follows: "Money made the diff.  on [California's] Prop 215.  $2 million spent - advertising campaign - Drug Policy Foundation - Soros $." The last references are to a reform group and billionaire financier George Soros, a major financial backer of medical use initiatives. 

       A second participant, who requested anonymity, told Salon, "People were talking of Soros money at the meeting.  That was a real topic, and that there was limited federal money that could be used.  We were trying to counter the California and Arizona initiatives.  But at that point there was no money." Eleven months later, a five-year, $2 billion ( half public, half private ) federal campaign was instituted to shape the views of Americans of all ages regarding illegal drugs.  Asked two weeks ago whether the intent was to limit further state initiatives to approve usage of medical marijuana, another participant who asked not to be identified said, "Yes.  They wanted to influence public opinion.  There was a lot of talk that this was the tip of the iceberg of a national campaign to legalize marijuana, period."

SNIP

       Following the ONDCP-convened meeting, PDFA chairman James E.  Burke moved to take action on his colleagues' sentiments, including their desire for federal money. 

       Working closely with Rep.  Rob Portman, R-Ohio, he began a heavy lobbying campaign in Congress to transform his organization's model of donated ads into the current taxpayer funded program. 

       Portman's former chief of staff, John Bridgeland, told this reporter last year, "Burke came to Portman, came up and wowed a lot of folks on the Hill."

       Rep.  Jim Kolbe, R-Ariz., chair of the House Appropriations subcommittee which funds the drug office, and the self-styled "chief appropriator" of the ONDCP media campaign, said last year, "We were convinced by the Partnership for a Drug-Free America to spend tax dollars." Finally, testifying before the Senate Appropriations Committee on February 3, 2000, ONDCP campaign media director Alan Levitt stated, "PDFA is a key campaign partner.  Mr.  Jim Burke, chairman of the Partnership, has been one of the strongest advocates for this public-private media campaign."

       For its part, PDFA has said that the public campaign was necessary because privately donated advertising was drying up.  But while PDFA's donated advertising declined in the early '90s, it didn't exactly evaporate.  According to Competitive Media Reporting, a company that tracks advertising spending, the value of PDFA's anti-drug campaign was larger than the advertising budgets of many of the country's most established brands. 

       With $278 million worth of donated advertising time and space in 1995 and $252 million in 1996 ( down from 1991's peak of $367 million ), PDFA was the fourth and fifth largest advertised "brand" in the country -- competing alongside companies like AT&T and Burger King for the public's attention. 

       It should be acknowledged that the media campaign has never directly tackled the issue of medical marijuana in its paid advertising.  And yet fully half of the current ONDCP advertising budget for a campaign nominally geared toward curtailing youth drug use is actually directed at adults.  According to a statement issued on Jan.  18, in response to a Salon article about its anti-drug script-doctoring relationship with television networks, the "pro bono [sic] match component" of the ad program has "generated over 100 million teen and tween [read: pubescent] impressions and 250 million adult impressions."

SNIP

     
   

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