Pubdate: Sun, 31 May 1998 Source: Boulder Daily Camera (CO) Section: Open Forum Contact: Website: http://www.bouldernews.com Author: Tom W. Barrus, R.Ph., MBA DRUG LAWS REPEAL EXEMPTIONS OF TOBACCO, ALCOHOL Your editorial, "Kicking the habit" (April 30) pointed out: "The tobacco companies have argued that Congress never gave the FDA explicit authority to regulate cigarettes ..." Just another lie from the tobacco drug lords. Even the political definition of drugs in the Federal Food, Drug and Cosmetic Act states that drugs are: "... (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals; ..." Since the drug lords intend that tobacco affect the taste of man, it is a drug. Tobacco is the only drug that could actually be classified as a schedule I controlled substance since it: 1. has no medical use, 2. is subject to abuse and 3. cannot be used safely under medical supervision (400,000-plus deaths per year active; 50,000-plus deaths per year passive). Yet, in spite of a so-called "War on drugs" (which is really "An insane war on some drug users") and lots of pious rhetoric, especially from Republicans, tobacco is still a legal product, only because it is specifically exempt from the drug laws by name. To debase the Constitution with the idea that the deadliest of all drugs, tobacco - the drug that kills more people than all other drugs, including alcohol, combined - should specifically be exempt from the drug laws, while less deadly drugs are subject to these same drug laws, and pretend that we have the equal protection of the laws is absurd. It has been said that Congress cannot legislate morality. While true, it is also true that Congress can legislate immorality. Why should tobacco (and alcohol) be exempt from our drug laws? As a pharmacist, I can attest that tobacco, a poisonous insecticide, has no legitimate medical purpose. Still, is there any reason why an adult citizen cannot engage in commerce, buy his poisonous tobacco, and poison himself, just as long as he does not poison anyone else? Let's demand that the General Assembly of Colorado repeal C.R.S. 25-5-402 (4)(a) and (4)(d), and make tobacco and alcohol subject to the Colorado Food and Drug Act just like Tylenol and aspirin. Let's be honest and restore the rule of law to our state and nation, instead of the rule of money! Call your legislator today to demand that the exemptions of tobacco and alcohol from the drug laws be repealed now! - --- Checked-by: Richard Lake