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http://www.drugsense.org/dsw/2000/ds00.n149.html#sec3

HOUSE BILL WOULD BAN DRUG INSTRUCTIONS

Aims to Censor Information on Making Controlled Substances

WASHINGTON (APBnews.com) -- Free speech advocates say proposed anti-drug
legislation that would make it a crime to dispense information on controlled
substances could send innocent people to jail and have a chilling effect on
First Amendment rights.

The bill, known as the Methamphetamine Anti-Proliferation Act, is aimed at
combating the spread of the powerful stimulant by boosting the number of
Drug Enforcement agents investigating methamphetamine cases, providing more
training for agents and stiffening the penalties for distribution.

The bill also bans the distribution of information relating to the
manufacture of controlled substances, which opponents say could open the
door for the prosecution of innocent people.

"The legislation seeks to shut down a vital source of information about
topics like medical marijuana and hemp production by threatening Web sites
and book publishers with jail time," said Marv Johnson, a legislative
counsel for the American Civil Liberties Union (ACLU).

Impossible to limit?

But the bill's sponsors have said cutting off the sources of information and
the spread of so-called meth recipes, is one way to combat the meth
epidemic.

"We've seen situations where traffickers have set up schools to teach meth
use," said Ken Ronald of the Drug Enforcement Agency's Office of
Congressional and Public Affairs. "We hope it [the bill] will go through and
is enforceable. We believe it is a constitutional provision."

Johnson argues that information on meth production has been circulating for
75 years and the new law would do little to limit its availability.

"It's freely available in the public domain and relatively simple to
acquire. Anyone with a library card can get it."

Instead, he said, doctors and other health professionals will be forbidden
from distributing drug safety information to addicts, and will fear
providing information on a wide range of chemicals and scientific devices.

Criticized as 'overbroad'

"You don't stop the crime by going after those who provide the information,
for instance, how chemistry works or how to cultivate marijuana," said Eric
Sterling, president of the Criminal Justice Police Foundation. "It will lead
to unfair prosecution and ultimately be ineffectual."

"You need a Bunsen burner to use meth," said Johnson. "If you teach how to
use a Bunsen burner do you violate the law?"

Deborah Pierce, an attorney for the Electronic Frontier Foundation, said the
bill is overbroad, vague and riddled with First Amendment concerns.

"I could see this being used and not know what was being prohibited under
this law," she said.

Committee vote pending

"There are clear First Amendment problems because you have to have intent,"
Johnson said. "Someone who has a Web site advocating the legalization of
drugs is clearly protected by the First Amendment, then if you link to a
site that talks about medical marijuana that clearly provides intent."

"Any time it is illegal to discuss or disseminate information we should be
on our guard," said Johnson.

The House Judiciary Committee is scheduled to vote on the bill Monday. A
similar bill was passed by the Senate.

Amendments expected

Sources say several House Democrats are drafting amendments to strike the
section that would criminalize the distribution of drug information.
Opponents say at the very least, they would like to see a better definition
of what is allowed.

"We would like to see it not prohibit the discussion of educational,
religious [or] scientific use of controlled substances," said Johnson.

The ACLU and other organizations also are concerned about other provisions
in the bill creating new federal drug offenses they say would unfairly
target minorities. They say instead of spending billions of dollars
incarcerating nonviolent, lower-level offenders, Congress should invest a
much smaller amount in drug treatment programs that would be more effective.