1. Professor Heicklen, you say that you are "engaged in a struggle for the soul of America." You also assert that, "Today the lighted marijuana weed is the torch of liberty." In your opinion, what has happened to the soul of America? Please explain what you mean by these two statements.

The war on drugs, which is mostly on marijuana, has plunged us into the greatest crisis since the Civil War. It has destroyed or tarnished almost all of the Bill of Rights protections. In particular, the police seize property without due process of law, which has led to more theft than from all the criminal elements.

Our prison population is 10 times as large now as in 1972, when the War on Drugs was initiated. We now are the number one prison state in the world. With 4.6% of the world's population, we have 25% of the world's prisoners. Over 7% of adult males enter U. S. prisons and jails each year. Because of the overcrowding in prisons, our prisoners do not get adequate medical attention and also are abused and beaten. We have been chastised by both Amnesty International and the U. N. Committee Against Torture for our treatment of prisoners.

Family values are being destroyed by encouraging both parents and children to inform on each other and by taking new-born babies away from mothers who test positive for drugs. Sick people are tortured because they cannot obtain medical marijuana legally.

The soul of America has been lost because we now live under tyranny rather than freedom. The lighted marijuana weed is the torch of freedom because our liberties only can be restored by the defiant public display of this substance by huge numbers of Americans.

2. Please relate for us your most memorable experiences during the recent 30 hour "Smoke-Out" you engaged in during July 2002 in State college, Pa.

My most memorable experience was when the police told me that it was against Penn State University policy to use card tables without prior permission. I was told to take them down. I refused to do so on the grounds that the University is not a legislative body and cannot make arbitrary rules. The police left and did not bother us again.

3. Regarding "Parole Violation", you make this statement on your website: "The petty criminals are in the Centre County (Pa.) prison. The people more dangerous to a lawful society are in the Courthouse." Would you relate the encounters you have had with the judicial system and why you feel this way?

The judicial system incarcerates drug owners and dealers in violation of the Ninth Amendment to the U. S. Constitution. In PA courts there are no indictments by grand juries in violation of the Fifth Amendment to the U. S. Constitution. In PA, accused people can be held in prison for up to six months before being tried in violation of the speedy trial provision of the Sixth Amendment to the U. S. Constitution. Penn State students are not included in the jury pools, thus denying students a right to a jury of peers in violation of the Sixth Amendment to the U.S. Constitution. Because of the demographics of Centre County, young adults, urban dwellers, Blacks, Jews, Hispanics, Asians, and Native Americans are underrepresented in the jury pools. Excessive bails are imposed to mete out punishment before trial in violation of the Eighth Amendment to the U.S. Constitution. (I was held in prison on $50,000 straight bail for possession of one marijuana cigarette butt and on $75,000 straight bail for passing out literature in front of Wal-Mart.)

In criminal trials in Centre County, PA the prosecution does not present crime lab reports. It just states that the crime lab found so-and-so. Thus there is no opportunity to refute these findings. In marijuana cases, the crime lab reports are all outright fabrications. The state crime lab does not test for marijuana; it tests for a legal substance. The judges do not permit medical necessity or jury nullification defenses in violation of common law and repeated Supreme Court decisions.

The judges charge the jury to decide the case based on the law. The judge tells the jury, often incorrectly, what the law is. If the defense asks to have the law read to the jury, the judge refuses to do so. In my trial, when the appellate court asked the judge to explain why he did not read the law to the jury when requested to do so, he responded that it would have confused the jury. The appellate court upheld the guilty verdict, even though the jury was incorrectly informed of the law when it decided the case.

4. You have conducted considerable research on the subject of "Crime and Punishment" and posted it on your web site. Tell me, do you believe that the "punishment" fits the "crime" in America today? Also, is there a double standard in play here?

Some punishments do not fit the crimes. Drug law punishments are ridiculously excessive. In fact, there should not be any punishment at all. White collar crimes of fraud and embezzlement have punishments which are too lenient.

5. What is your position on the current battles being waged with regard to our Second Amendment rights? Will disarming the citizenry benefit America? Why or why not?

Disarming citizens would be a disaster. We should have learned from the prohibition of alcohol in the 1920s and of drugs in the last 30 years that prohibition does not work. It only leads to disrespect for the law and increases crime. The prohibition of guns and tobacco (which will start in 2008, when FDA has the authority to regulate tobacco) will repeat the same folly.

Furthermore, it has been amply demonstrated that gun possession, particularly concealed gun possession, reduces crime, including homicide. Gun prohibition will increase crime, both because of the nature of prohibition, and because people will not be able to defend themselves.

6. Marijuana is reviled by those seeking to maintain its illegal status in the United States. Is there anything positive you can tell our readers about this controversial weed?

Marijuana is one of God's greatest gifts to mankind, and not because of its psychoactive effects. Probably it is the best medicine known for some medical conditions. It treats more medical problems than most, if not all, other medicines. It is safer than all other medicines. In 5000 years, there has been no known death caused by marijuana. Tetrahydrocannabinol, the psychoactive ingredient in marijuana, is an anti-oxidant that prevents degenerative decay in the body. Since it has a very long lifetime in the body (of the order of 30 days), the antioxidant advantage can be gained with only occasional intake of this substance.

Marijuana can be grown for fuel and fiber more cheaply and environmentally protective than most alternatives. It makes more durable paper products than wood. On a weight basis, it contains more protein than anything other than soya, thus making it a cheap and nutritious food. Hemp (a form of marijuana) is a valuable agricultural product. It is used to make clothing, shoes, diapers, rope, cellophane, paints, fuel, chain lubricants, biodegradable plastics, paper, fiberboard, cement blocks, food, cosmetics, and soap.

7. In your opinion, who stands to gain the most by suppressing marijuana's legalization? In other words, which industries or organizations?

The pharmaceutical, fiber, and paper industries. Also the illicit marijuana growers and distributors.

8. You state that in 1998, there were "about 50,000 people incarcerated in the United States for non-violent marijuana offenses." The total cost to keep these people imprisoned was about 2.5 billion for that year alone, or $26,000 per person. Should marijuana users be jailed for non-violent offenses and what is the impact on taxpaying communities?

There is no excuse for punishing marijuana users or dealers. It is both morally and economically wrong.

9. Discuss the trend toward criminalization of the First Amendment in America that is currently going on. What has happened to our fundamental right to protest and why don't many people seem to take advantage of this right and speak out nowadays?

This is the one amendment that the courts continue to defend and uphold. The problem is that legislative bodies and organizations make laws and rules that the police enforce. However, when challenged in courts, the courts usually dismiss the cases on the grounds that the law or rule violates the First Amendment. The worst violators of the First Amendment are universities, which continually make unconstitutional regulations regarding both speech and assembly. The universities are the only business in America which tries to regulate and punish the behavior of its clients off of its property.

10. On your web site, I learned that the Declaration of Independence and the U.S. Constitution were written on hemp paper, and both George Washington and Thomas Jefferson grew large marijuana crops. Discuss some of the history behind marijuana in America.

Not only did Thomas Jefferson raise and use marijuana, but when he was Secretary of State, he strongly advocated the growth of marijuana by farmers in America as an important agricultural crop. Marijuana was used as a medicine until it was outlawed in 1937. The American Medical Association (AMA) was the only organization that testified to maintain the legality of marijuana. In 1941, the federal government forced the AMA to remove marijuana from the medical pharmacopia.

Marijuana was regulated in 1937 (Technically, it did not become criminal until the 1960s.) for three reasons: 1) Mellon and DuPont wanted it illegal because it competed with their fiber and paper industries, respectively; 2) The Bureau of Narcotics (now the Drug Enforcement Agency) was being put out of work because of the end of alcohol prohibition. It desperately needed a new substance to regulate. It lobbied (and lied) extensively for the regulation of marijuana; 3) Marijuana was used most heavily by Mexican immigrants, which were perceived as a threat by some people. There was a racial component involved in the regulation of marijuana.

11. Between 1998 and March 2000, you were arrested 15 times and imprisoned five times. Why were you arrested and how has this string of arrests impacted you in your daily life?

Six arrests for marijuana use at political demonstrations. Two arrests for contempt of court for requesting indictment by a grand jury. Two arrests for defiant trespass for distributing literature in front of Wal-Mart. One arrest for using a bullhorn at a public demonstration. Four arrests for failure to appear at court hearings.

Based on the number of arrests, I am the number one criminal in America. I am the most dangerous man in America, because I intend to restore the Bill of Rights, end the prosecution of consensual acts involving mentally-competent adults, reduce the prison population, and reform the prisons. The arrests have not had any impact on my daily life.

12. Many seriously ill persons find it beneficial to use marijuana for medicinal purposes. What is the biggest obstacle in the way as far as obtaining marijuana for health-related reasons? Do the benefits outweigh the risks of using it?

There is no obstacle to obtaining marijuana. It is so prevalent in society that anyone can get it. The benefits outweigh the risks for some people, but not for others. It depends on how sick one is and the alternate treatments available.

13. What is the general reaction to your Penn State public marijuana protests?

They have made me a hero to some people and either a villain or fool to others.

14. At the last public protest you participated in during the Arts Festival in July 2002, I watched you light up what looked like a "joint" and smoke it right in front of a large crowd of onlookers and the police. (I was the one clapping!) Why didn’t the police arrest you for smoking pot in public?

They did arrest me six times in 1998. They realized that this was giving me valuable publicity and needlessly using court facilities. I have been told that the presiding judge said that I was never to be arrested and brought into court again, and I haven't been. The police just stay away from the demonstrations or ignore my smoking.

15. What do you hope to accomplish with your public protests and "smoke-outs"? Are you any nearer to reaching your goal than you were a few years ago? Why or why not?

We hope to end the war and drugs by notifying the public of the futility of trying to enforce the drug laws. More and more people are agreeing with us as time goes on as shown in public polls. Several states have legalized medical marijuana. Nevada has a proposition on the 2002 ballot to legalize marijuana possession for any reason.

16. What is your "take" on the War on Drugs? What has it accomplished since its inception?

The war on drugs has destroyed the Bill of Rights; put innumerable harmless people in prison; made us the number one prison state in the world; tortured the sick; increased crime, especially homicide; increased drug overdose fatalities; ended our respect for the law and the courts; destroyed the credibility of teachers, parents, and the government because they lie to us about the danger of drugs; made criminals of the police; got us into a shooting war in Columbia; got us into covert wars in drug producing countries; eliminated a valuable and useful substance (marijuana); and it has drained money from the education and infrastructure budgets.

The war on drugs has had a devastating effect on families. It has destroyed family values. Parents and children are encouraged to inform on each other. Children are taken from their parents if the parents use drugs. It led to 1.6 million children with a parent in prison. The Black community has been devastated. Thirty one percent of adult Black males are under the supervision of the criminal justice system. It is our modern day version of Jim Crow laws.

Illicit drug use has become more prevalent and dangerous. It has made drugs available to minors through illicit markets. It has turned minors into drug dealers and made them criminals.

17. Would you say that the Cotton Industry and the Pharmaceutical industry have influence over legislators regarding the issue of marijuana legalization? Why or why not? (If you answered this in #7, then please disregard.)

I have no reliable information on this issue, but I would be surprised if it were not true.

18. If you were President of the United States, what would be the three most important items on your agenda - and why?

A) Reduce taxes, regulations, and agencies to reduce government interference in our lives.
B) Restore the Bill of Rights and end prosecution of consensual acts involving mentally-competent adults to return to a constitutional republic.
C) Reduce the prison population and reform the prisons so that we can become a free people again.

19. State College, Pa. is home to Penn State University, and the consumption of alcohol is rampant in this community. Compare alcohol with marijuana and tell us why you think the former is legal but the latter is not. Isn't alcohol a dangerous drug, also?

Alcohol is unhealthy and causes crime, whereas marijuana is not. Alcohol was prohibited, but the prohibition was worse than alcohol use, so prohibition was ended. Marijuana continues to be illegal, even though prohibition has failed because of disinformation, commercial interests, and a burgeoning prison-industrial complex.

Incidentally, the prohibition of alcohol to people 18 to 21 years old is unconstitutional. The Twenty First Amendment to the U.S. Constitution repealed prohibition for adults.

20. I'd like to offer you this space to say whatever you choose to the people of America, and the world. You've got the stage.

Bob Dole, a former U. S. Senate majority leader and Republican nominee for U. S. President in 1996, is on national TV encouraging old men to take a recreational sex drug (Viagra). But if their girlfriends take Ecstasy to get in the mood, they go to prison. Does this make sense?

It is immoral to arrest someone for owning a vegetable. We have the right to keep and bear vegetables (Genesis, Ch. 1, verse 29). The most fundamental of all human rights is to have control over your own body.

We are engaged in a struggle for the soul of America. Drugs are not the issue. Drugs are the messengers, not the message. The issue is whether we are going to live in freedom or under tyranny. I say "Choose Freedom!"