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Letters to Ethan Nadelmann

Ethan Nadelmann, head of the Drug Policy Alliance, never put any money into support the constitutional amndment that they passed in Colorado.

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Date: Sun, 13 Dec 1998 12:07:49 -0700 (MST)
From: "Colo. Hemp Init. Project" <cohip@levellers.org>
To: Ethan Nadelmann <enadelmann@sorosny.org>
Subject: Commitments for the future

To: Ethan Nadelmann
From: Laura Kriho
Re: Commitments for the future

December 12, 1998

Ethan,

I appreciate you talking to me on the phone the other night. You were very candid with me, I believe, which is what I wanted. I will also be candid with you.

I called you to see if you would now be willing to drop the AMR strategy of dividing, demoralizing and ignoring the grassroots. You said you could not give me any guarantees. You said you could not assure me that AMR wouldn't introduce a competing ballot initiative in Colorado or other states in the future, like they did this year. You did say that the grassroots was important, but went on to say that the grassroots has never accomplished much on their own.

I've been lied to and deceived by AMR long enough to learn a few things. Your lack of commitment on this issue shows me that you have no intention of trying to resolve the conflicts AMR and the AMR-strategy has created in the movement nationwide. I am saddened by this, but at least we know where you stand.

I. Don't ignore the message because you don't like the messenger.

You said that I had made some valid criticisms of AMR over the past year, but that you had quit respecting these criticisms because I had misinterpreted you and taken some of your comments out of context in some of these criticisms, but you couldn't remember specific instances. I do not ever remember you pointing this out to me before. If I'd been made aware of some error, I would have gladly responded to it and tried to correct it. My last communication with you, in an email in April, seemed to end on a friendly note, with us agreeing to disagree respectfully on the AMR strategy, and with a promise that there would be new ballgame after the election. If I said something between April and now that was inaccurate or out-of-context, I would be pleased to know about it and happy to retract or clarify that statement if it is warranted.

You'll never forgive Dennis Peron for smoking a joint on election night, you'll never forgive Wayne Turner for calling Soros a drug legalizer, and you'll never forgive me for something you can't remember.

You alluded that perhaps it was the style or the relentlessness of my criticism of AMR that had caused you to give less weight to my opinions, and the opinions of the groups I represent. You said that it was the way I made my points that undermined the power of the points, even though many of them were valid.

II. Ignorance is no excuse for the law

I again disagree with you. I don't think there was a problem in the way I made my points, I think the problem was in the way you listened and responded to the points I was making. At no point during the past year was there any attempt on the part of AMR or yourself to resolve the differences between the locals and AMR or to address any of the criticisms we were making. You did not try to appease the locals or compromise with us. In fact, AMR refused to answer the most simple questions concerned citizens had about their initiatives. Bill Zimmerman admitted at his talk at the NORML conference that he purposefully "ignored" us. AMR's refusal to address these issues, or even answer questions, lead inevitably to further conflict, as I had predicted it would, and further divided the movement. You ignored us very diligently, and what we wanted was for you to listen and respond as diligently as you ignored us.

III. We did not wage war with AMR, all we tried to do was talk.

I have tried to be as respectful as possible with all of my correspondences surrounding this issue. I have tried to disagree without being disagreeable. I might have called AMR "pathetic" once or twice, but Dave Fratello of AMR called one Colorado patient "cheap", "ridiculous", and "trashy." He called the activists in D.C. "crazy" and "insane." I can substantiate my accusation of "pathetic," but the rhetoric AMR used cannot be justified in any way, at least not by a "professional" organization.

I am not "anti-AMR" as you called me. I am "anti-bad strategy" and "anti-bad law." I am for the patients and not for the police. (Dave Fratello told us not once but three times that they had written their Colorado initiative "for the police." He never once mentioned the welfare of patients.) I am "anti-stupidity" and "anti-wasting resources" and "anti-lying." I am for voter "education" and "empowerment", not for voter "manipulation", as Bill Zimmerman described AMR's strategy of winning elections.

However harsh our criticisms may have seemed to you, in no way did these criticisms ever reach the level of what we would consider an all-out "campaign against AMR." We are capable of much more when we really put our effort into a campaign.

All I did was write letters to you and to other leaders of the national drug policy reform movement to try to get someone to address the divisiveness caused by AMR. When our attempts to talk to you failed, I and others made our criticisms public, in a very limited way, on the Internet. These were the only channels available to us, and we exhausted them trying to find a possible remedy. We did everything we could to get our concerns addressed, in a professional way, and all we received in return from you was silence. All we ever did was try to talk to you. But we were ignored.

The concerns about AMR were nationwide, not just from myself. I just happened to be the most vocal spokesperson for these issues. I may have been imperfect at getting our message across, but with no feedback from you or AMR I was shooting in the dark, not knowing what parts of our message were getting through.

IV. Communication vs. silence

I emailed you a letter on December 9, 1997, signed by 38 patients and patient advocates in 7 states and the District of Columbia stating that, after two months of trying to get our concerns addressed, we were going to take our concerns about AMR to the public. We sent the letter to you, AMR, and to representatives of George Soros at the Open Society Institute. Neither you nor AMR ever responded to that letter. A representative from the OSI did respond by requesting that we never send them another letter again. Some open society. We had our answer. You and AMR were going to continue to oppose the grassroots ballot initiatives in Maine, D.C., and Alaska and ignore the concerns of the patients in Colorado and nationwide.

We made our concerns public after that and some more futile attempts to bring the movement together. What were we supposed to do? Your best advice to us was to keep quiet. We had researched these issues thoroughly and felt very strongly that the AMR initiative was a bad law and that the AMR strategy was bad for the movement. Due to our commitment to education and honesty, we felt compelled to bring those concerns to the public, in a limited way, so that people could make their own decisions about the laws and the strategies. We were always trying to unite the movement, and all AMR ever did was try to divide it.

You said that we just should have kept quiet and worked on other issues while AMR tried to amend our constitution with a dangerous and harmful law, while AMR tried to destroy the grassroots movement in D.C. with a competing ballot initiative, and while AMR defamed and demoralized our activists nationwide. We saw AMR and the AMR-strategy as being the single biggest dividing factor ever to face our movement. We felt our concerns were gravely important, and we had been thwarted at all tries to get these concerns addressed. As Bill Zimmerman now admits publicly, the AMR strategy was to ignore the concerns of the local patients and patient advocates. As we warned you last December, and we say again now, ignorance can only be harmful to the movement.

V. Dividing the grassroots is doomed to failure

The point I most want to get across to you is that the AMR-strategy of dividing and demoralizing the grassroots is doomed to failure. Real reform is not possible without creating a movement of people to support the reform after the election (the grassroots).

You agree with Bill Zimmerman that election campaigns and building movements are somehow separate and distinct. Bill Zimmerman, in his talk at the recent NORML conference, said, "We did not run grassroots campaigns in the states where we ran initiatives" ... "because we were playing an electoral game, not a movement-building game and there's a big difference."

Call me stupid, but I see election-winning and movement-building as being completely dependent on each other. I know that there are differences in the strategies employed, but you can't just ignore the movement for sake of an election win. What progress does that make, when you have passed a law that has no organized grassroots support to provide followup?

Bill Zimmerman showed an inherent contradiction in these beliefs, when he said, "You can't bring an issue to the ballot unless there has been, in the years preceding your bringing it to the ballot, a great deal of activism. We can only do elections standing on the shoulders of the activists that came before us."

Like I've said many times over the past year, you can "buy" an election, but that won't create any long-term reform if you don't have a strong grassroots to carry on after the election. And when you step on activists to accomplish your goal, and demoralize and deceive them in the process, you will destroy the movement. You need the grassroots before, during, and after an election. They are an essential part of reform, not some stepping stone on the way to election day.

VI. AMR Lies

Bill Zimmerman also said, "AMR never, ever tried to shut down local activists or prevent them from talking. What we did instead was ignore them."

AMR did ignore the activists when they tried to resolve their concerns about the AMR strategy. But the first part of that statement is one example among many we have documented in which AMR is willing to state an outright lie in order to save face. It was AMR's strategy to shut down the local activists, as evidenced by the competing initiatives they introduced in Maine, Alaska, and D.C. AMR also intentionally portrayed themselves as separate from the activist groups. They thought that by showing their opposition to the "legalizers" and trying to distance themselves from the grassroots, that they would appear more conservative and thus more appealing to voters. This has been part of their strategy since the Prop. 215 campaign in California where Dennis Peron, father of the medical marijuana movement, was consistently trashed in the press by Bill Zimmerman and AMR.

VII. What is professional?

I can't believe you think AMR is a "professional" organization. Despite spending over $800,000 in Colorado, AMR did not get their initiative on the ballot and they did not create any type of lasting organization to support future reform for medical marijuana. The phone number for Coloradans for Medical Rights, the AMR local affiliate, has been disconnected. Neither the media nor concerned patients can get a hold of them.

I had many complaints over the past year from the media, from patients, and from potential petitioners that AMR/CMR had failed to return phone calls. AMR/CMR failed to appear on at least two talk radio shows to which they had committed. Is this professional?

Their PR campaign was virtually nonexistent until three weeks prior to the election, with the exception of one print advertisement for information about "medical pot". When they finally began their TV ad campaign, they could not get a local physician or medical professional to appear in their ads and relied on Dr. Bayer from Oregon.

During their signature-gathering drive, they did not do any voter education. They did not have public meetings or public debates on the issue. They did not get the endorsements of any organizations that I know of in Colorado. They did not build a coalition or engage in any movement building strategies, which you think are separate from strategies that need to be used to win an election.

We have been set at least two years behind in our progress for reform, all thanks to this "professional" organization. The movement in Colorado is not better off than before AMR came to town, and in some ways it is worse off because of the divisiveness and deceit we have had to deal with.

VIII. Professionals vs. Grassroots

I think you should really reexamine this dichotomy that you make between "professionals" and "grassroots."

What does the word "professional" mean to you? Does it mean someone that is performing a job because s/he is getting paid for it? Could a person who does not get a salary also be considered a "professional?" Or is a "professional" someone that has years of experience in a certain field? If that's the criteria, and not the money, then how is Bill Zimmerman different from Wayne Turner? Did you ever see Wayne's resume? Why does my eight years experience in cannabis reform politics not qualify me as being a "professional" in your eyes? If AMR is so professional, why didn't they make it on the ballot in Maine, Colorado, and D.C. despite spending over $1 million.

You told me that you had never seen a grassroots organization that had been successful in winning a campaign. (You did make an exception for the AIDS activists in D.C. that successfully got I-59 on the ballot, but you wrote that success off as an aberration because D.C. is such a small geographic area.) I can't believe that you have never seen a successful grassroots campaign. I can think of several grassroots organizations that have successfully run progressive ballot initiative campaigns in Colorado in recent years. Smaller groups have been successful in passing medical marijuana initiatives on the local level (Breckenridge, Frisco, Telluride, Ward). The civil rights movement, the anti-war movement, the women's suffrage movement, and the movement to repeal alcohol prohibition are larger examples of grassroots coalitions that have been successful in reforming government policy and winning elections.

ACTUP in D.C. is the model example of a successful grassroots organization. Their accomplishment with I-59 should not be diminished for any reason. They won, despite the active opposition of AMR and the government.

I challenged you to name one grassroots organization that had been unsuccessful, given adequate resources. I am still waiting for an example.

You said that if the grassroots are so good, why aren't they raising the money they need on their own? If the Soros money you control is used for giving grants and funding projects, I would ask you to answer that question. If you are so concerned with drug policy reform, why aren't you helping these groups raise money? I am sure you have many professional-looking grant requests from grassroots organizations sitting on your desk. Why are you spending your resources to fight against the grassroots instead of helping them?

Our group (CO-HIP) hasn't raised money simply because none of us have had the time to devote to it. In the juggling of priorities that comes with limited resources, serious fundraising never got the attention it needed. Does that make us "unprofessional" because we are all volunteers?

What does the word "grassroots" mean to you? It appears to me that you believe that grassroots organizations are unprofessional, lack funding, and lack the ability to win a campaign. We are the losers whose shoulders you stand on, but who will never accomplish anything successful without professional help.

My dictionary defines "grassroots" as "the very foundation or source." The opposite of grassroots is not "professionals," but "elite." The issue appears to be about money, power, greed, and ego, not about professionalism. I am not in this for the money, or the power, or my ego. I am doing this because I sincerely believe in a cause. And I am willing to work without pay for this cause. Does that make me unprofessional or does it just exclude me from the elite policy makers?

AMR's lies, ignorance, and elitist policies make them no better than government officials. In reality, AMR is worse than the government because they pretend to be working for people and protecting patients when they really are only concerned with election wins and their own paychecks. Sounds just like the Department of Justice to me.

IX. The future

Our movement is based on democratic principles and respect for all involved. The AMR-strategy of elitism, divisiveness, deceit and ignorance is 180 degrees opposite of our strategy.

When I asked you if we could be assured that AMR would not do anything "new" in Colorado, aside from their current initiative which is still pending a court decision, you stated that you could not give me that assurance. I explained to you how defeating and counterproductive it is for a group to work on a ballot initiative just to have AMR or some other elite group come in six months before the election with millions of dollars to run an initiative to compete with the local, grassroots effort. I explained to you how important it was for us to know that if we put in two years of effort on a ballot initiative for the 2000 ballot, that our efforts would not be usurped by some well-funded out-of-staters at the last minute. You said you could not give me the assurance that I wanted. You left it open for AMR to continue these divisive strategies in Colorado or D.C. or wherever they see fit.

You believe that the grassroots is incapable of winning an election, and you want to hire "professionals" to do the job instead. I believe the grassroots organizers are the real "professionals", and given a fraction of the resources spent on AMR, the grassroots would not only have won elections but built a strong coalition that would carry on to the next election. The grassroots would be capable of creating meaningful, long-term reform, where AMR has failed. Look at ACTUP in D.C. if you want proof. Their coalition will run circles around any coalition lead by AMR anywhere in the country.

My requests:
1) Defund AMR. Bill Zimmerman and Dave Fratello have caused so much animosity and dissent nationwide that it would be impossible for them to work with anyone.
2) If you continue to fund AMR, appoint a board of directors to govern AMR so that people with concerns about the organization have some place to go with them besides yourself and the funders.
3) This question of "professionals" being more capable than "grassroots" is an empirical question. It has already been answered in D.C. But if you are still unconvinced, do an experiment. Find an effective grassroots organization, like ACTUP, and give them the smallest fraction of the money that AMR spent this year on failed campaigns, and see how much bang you get for your buck.
4) Make a commitment to myself and other grassroots organizers around the country that:
a) you recognize the value of grassroots organizations
b) you are committed to sustainable reform
c) you will not fund any organizations that use strategies that divide, demoralize, or compete with grassroots campaigns
d) you will not make ignoring the concerns of patients and other citizens part of your policy
e) you will ensure that any organizations that you fund have a mechanism for effective conflict resolution

5) Make a commitment to me and other concerned Colorado citizens that AMR will not try to create any new laws in Colorado, with the exception of the initiative that is currently awaiting a court decision. We don't trust AMR, and we need the assurance that they will not come in to our state, without our knowledge or consent, and introduce a law that conflicts or competes with campaigns we are working on. We want the assurance that what happened in 1998 will never happen again.

If you and I do sincerely have the same goals, a sane drug policy, then we should not be so far apart on how to get there. I say you need the grassroots, the people on the ground floor, the people doing the grunt work. You say we need paid campaign managers and paid lobbyists. We are both right, and we just need to find a middle ground.

We need conflict resolution, coalition-building, and compromise, not ignorance, deceit, and divisiveness. We have always been willing to work with people, but we have been deliberately ignored. Now that the election is over, I hope you are willing to commit to moving forward from this experience. I have always been willing to try to work together with anyone, and I offer my assistance and experience to you to help build a coalition that will be effective and sustainable for many years to come.

If you're ready to listen, good, but if not, we won't be wasting our time on trying to change your mind. If you can't see that changes need to be made, then you will experience the inevitable consequences of continuing on this same path. It would be such a shame, though, because you've been informed of the problem and how to fix it. Now that we've informed you that you've been informed, there is nothing more we can do. Our obligation to try to resolve these problems has been fulfilled.

If you can't give me any commitments, then I can't give you any either. As much as you think we have started a war with AMR, we have not even come close. As vehemently as you think I oppose AMR, I have dozens of other activists who are even more opposed to them than I am that I have been keeping at bay and encouraging to stifle their criticisms and anger in the hopes somebody would have the wisdom to alleviate the problems. This situation is out of my hands now.

Of course, since I am in contact with so many groups and individuals on this issue, I need to tell them the outcome of our conversation. If I have misrepresented anything you said in our phone conversation, please tell me so I don't continue to misrepresent things. I would also like to have a public response about these concerns that I could share with others. It's not just me that has a stake in this debate, it's a whole movement, so many people are anxious to know what, if any, commitments you are willing to make for the future. Are we all going to have to be looking over our shoulder for AMR or some other elite group to come in from outside to try to dictate policy in our states, or are we moving towards a sincere commitment to work together?

I am sorry you are offended by my attitude and the way that I have said things. I am always willing to take constructive criticism if it is offered. But, again, I don't think the problem is so much in how I have been saying things, but in how you have been listening to them.


Laura Kriho
December 12, 1998

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To: Ethan Nadelmann
From: Laura Kriho

April 17, 1999

Ethan,

I talked to Marty Chilcutt a couple of days ago. He mentioned that you had called him to get his feedback on the AMR campaign. Funny how he's come around to mistrust AMR as much as we have, isn't it? I think you can add Dr. Bayer in Oregon to that list, too.

Marty said that you said that you had to take into account that AMR has had four "successes" this year in evaluating their effectiveness. I wonder what your notion of "success" means. Wasn't the whole idea to allow patients access to their medicine without fear of prosecution? Aren't patients in California still being prosecuted two and a half years later?

California, though, was the most successful of all the states. Thankfully, AMR didn't write that initiative. The AMR initiatives that passed this year are now in the process of being gutted by the legislatures. As we predicted, they are arguing over allowing patients to cultivate 3 plants or 4 plants or to possess one ounce or two ounces? And is chronic pain really a valid condition for medical use? We haven't even gotten to the issue yet of just how "confidential" the registry is. If your definition of "confidential" is anything like your definition of "success," then patients should really be scared.

The AMR initiatives are going to result in more government control over medicine, not less. This is exactly the reason that we opposed AMR's Colorado initiative so vehemently. We don't call this a "success." I wonder why you do?

I would venture a guess that a majority of the people who worked with AMR had significant problems with them. All the people I know that worked with them did. I have yet to hear anyone say anything positive about their experiences with them, besides the fact that they had a lot of money.

Yet still you are not ready to give up your failed strategies. Marty said that you implied that you did not feel personally responsible for the problems caused by AMR; you just gave them the money and then it was out of your hands.

To set the record straight, we in Colorado do hold you personally responsible for AMR's destruction and divisiveness and bad legislation. You admitted that you could discontinue AMR's funding. You even admitted that the initiative was flawed. Yet, you purposefully ignored our requests for help dealing with AMR. You were the only person we knew that had some fraction of control over their actions, and you failed to do anything to resolve our differences. You -are- ultimately responsible for the harm done by AMR.

You still we not give us the assurance that we asked for that AMR will not come into Colorado with a new signature-gathering drive in the Year 2000. Now that Marty, former head of Coloradans for Medical Rights, also says that he absolutely will not work with them ever again, maybe you have reevaluated your position.

Until we get an assurance that AMR will stay out of Colorado and not propose competing initiatives in our state, we are forced to treat AMR and yourself just like we treat the DEA. We can not trust you because you have a proven track record of going behind our backs and undermining our efforts, just like the DEA.

I write to you again only because I -know- you are an intelligent man, and I still can't believe that you will persist in these failed strategies.

Perhaps the stupidest thing that I've seen from AMR is the quote below from "Medicinal marijuana nears mainstream," USA Today, 3/15/99
On the issue of distribution, Dave Fratello is quoted:

"It's a big issue, but I don't want to leave the impression that people
can't find it," says Dave Fratello of Americans for Medical Rights. "We
advise patients to just ask around. With 10 million recreational users of
marijuana, most patients aren't more than a couple of phone calls away from
a source."

In this quote, AMR does a lot to destroy the medical marijuana movement:
- they equate medical with recreational use
- they admit that their laws only encourage patients to break the law
- they admit that their laws will put patients in danger by forcing them to buy cannabis illegally

The situation AMR has left us with is no different than before: patients still have to get their medicine off the streets. What has AMR changed? Only the fact that now they are now -encouraging- more people to break the law. By passing these initiatives, they led patients to believe that medical cannabis use was OK, but they failed to allow these patients to obtain or cultivate an adequate supply, thereby putting even more patients in danger.

Are you sure you have your eggs in the right basket, Ethan? Is this the type of "education" of the public that you think shows that AMR has been "successful?"

Let me know when you're willing to assure us AMR is staying out of Colorado.


Laura Kriho


 

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