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FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
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Posted on 10/09/2002 8:34:05 AM PDT by Tancred
A federal jury could decide today whether a 30-year-old Portland man is guilty of smuggling illegal drugs after accepting a delivery of khat, an African plant that is a popular and legal stimulant in Ethiopia, Somalia and Sudan.
The case in U.S. District Court is the first of its kind in Maine, but one of a growing number around the country as the traditions of new immigrants run afoul of America's strict approach to drug enforcement.
Lawyers for Abdigani Hussein argued on Tuesday that khat is used by Somali refugees in much the same way coffee is used by the larger community, and with similar effects on the body. Hussein, they said, had no idea that the cuttings bundled up in a Federal Express box contained a chemical that is listed as a controlled substance, in the same legal category as cocaine and heroin.
"We're not talking about a guy walking down the street with a plastic bag of white powder here," said Sid Moore, a lawyer from Atlanta, Ga., who represents Hussein and has defended clients in similar cases around the country.
Assistant U.S. Attorney Jon Chapman told jurors that the case was much more straightforward. The khat seized from Hussein contained a chemical called cathinone, and cathinone is illegal in this country.
"It's about the laws of the United States," Chapman said. "It's not about the laws or customs of anyplace else. . . . It's not about what I think or anybody else in this courtroom thinks the law ought to be."
If convicted, Hussein could face 20 years in prison, although a six-month sentence is more typical.
Along with the cultural complications, legal ambiguities of the cases have made prosecutions difficult. Khat itself is not illegal. Cathinone is, but it breaks down into a less potent chemical within a few days after the plant is cut. And, under federal drug laws, prosecutors have to prove that the defendant knowingly possessed a controlled substance.
Chapman said the khat package was marked as containing documents, and it was sent to Hussein's former address, suggesting he knew the delivery was illicit. But Hussein's lawyers argued that Hussein or others who arranged the shipment also might have wanted to avoid agriculture and customs inspections that would slow down the delivery.
On Tuesday, U.S. District Judge D. Brock Hornby came close to dismissing the case against Hussein because there was no direct evidence that he knew the khat contained an illegal substance. Instead, Hornby said he is reserving judgment on the motion to drop the charges and could grant an acquittal later, even if Hussein is convicted by the jury.
Hornby is expected to give the case to the jury this morning.
The cultural divide in the case was obvious in the courtroom Tuesday. About 20 Somali refugees sat through much of the first day of the trial, quietly watching the judge, lawyers and 14 jurors - all of whom are white.
Members of the Somali community said outside the courtroom that they were surprised when Hussein was arrested.
"The community is outraged, because that is something that you are not arrested for" in Somalia, said Yusuf Ahmed. "It is not a drug."
Ahmed and others said khat is used socially, chewed or brewed in tea. This case is similar to someone from the United States going to Somalia and getting arrested for holding a beer, said Mohamed Awale, except that you don't get intoxicated from khat.
Although prosecutors did not argue the issue in court, not all agree the chemical in khat is harmless. Studies of the drug quoted in the Journal of Addiction and Mental Health found that in Africa, prolonged use has been connected to psychosis, paranoia and violent behavior.
Testimony on Tuesday showed that the case began last April, when a Federal Express worker opened one of three boxes that appeared to be damaged. Believing the plant cuttings inside may have been marijuana, he called the U.S. Drug Enforcement Administration.
DEA agents testified that they also did not know what was in the box until they did further research. A frozen sample of the khat was later tested and found to have a small amount of cathinone.
The agents arrested Hussein after he came to pick up the box. Hussein was cooperative, saying he did not know khat contained any illegal drugs. He also told the agents he planned to deliver the box that afternoon to a man who sold the khat to Somali refugees in Lewiston for $6 to $8 a bundle. Agents waited for the other man, but he did not show up.
Khat is legal in most of the world, including Canada and Great Britain. It has only recently become a criminal issue in the United States.
The U.S. Customs Service has seized khat at ports of entry for years, levying the same administrative fines issued for illegally importing any plant material. In the 1990s, the DEA became involved, including cathinone on the list of controlled substances.
Here’s a news flash for ya a-hole: You’re not in Somalia. Maybe the lack of thugs patrolling the street in jeeps with mounted machine guns on them, while whacked out of their minds on your precious khat might tip you off.
There’s a reason why the U.S. isn’t some backward third world hell-hole (yet). It’s because we do things OUR way, not your way. Your culture is garbage and since you came here from the country your culture created, you are a testament to that fact.
Owl_Eagle
”Guns Before Butter.”
Khat's drug effects are reduced after about 48 hours post harvest.
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FreeRepublic , LLC PO BOX 9771 FRESNO, CA 93794
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Well, I have a friend that has a Maine Coon Khat.
Strange Khat, comes when you call it... (the khat-Louie)
Oh! this is about Druuuugs.....nevermind..
Its impossible to get whacked out of your mind on khat. As the article says, its about as potent as coffee or tea.
Don't let the facts get in the way of your self rightous indignation though. Its always fun to watch the ignorant rant and rave on topics about which they are clueless.
Don't let the facts get in the way of your self rightous indignation though. Its always fun to watch the ignorant rant and rave on topics about which they are clueless.
Actually, from the article:
Although prosecutors did not argue the issue in court, not all agree the chemical in khat is harmless. Studies of the drug quoted in the Journal of Addiction and Mental Health found that in Africa, prolonged use has been connected to psychosis, paranoia and violent behavior.
Not sure how you missed that part, it was even bolded by Tancred. It’s been a pretty well publicized fact since our involvement in Somalia. It’s usually cited as a major contributing factor to the unspeakable violence that is so common place in that festering cesspool.
I’d suggest that you look at the sources in the article (backward Somali khat addicts and a smarmy defense lawyer) and perhaps garner just a tiny amount of background on a subject before you decide to call someone ignorant or clueless.
You might leave people with the impression that you spout off about things you know nothing about.
Owl_Eagle
” WAR IS PEACE
FREEDOM IS SLAVERY
DIVERSITY IS STRENGTH"
"PORTLAND (AP) -- A federal jury has found a Portland man guilty of smuggling "khat," a plant that's a popular and legal stimulant in some African countries but illegal in the United States.
Jurors this afternoon convicted 30-year-old Abdigani Hussein, who was arrested last spring after accepting a delivery of the "khat" at a local air freight office.
The case in U.S. District Court was the first of its kind in Maine, but one of a growing number around the country. These cases are appearing as the traditions of immigrants collide with America's drug laws.
Assistant U.S. Attorney Jon Chapman told jurors that the khat seized from Hussein contains a chemical called cathinone, which is illegal in this country. But lawyers for Hussein argued that khat is used by Somali refugees in much the same way coffee is used by the larger community, and with similar effects on the body.
They say he didn't know it was illegal."
The story is here.
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