the Department of Health, Education and Welfare (HEW) book, Research on Smoking Behavior, Research Monograph 17, page vi; Fleming, et al., "The Role of Cigarettes in The Initiation And Progression Of Early Substance Use," 14 Addictive Behaviors 261-272 (1989); and the Department of Health and Human Services book, Preventing Tobacco Use Among Young People: A Report of the Surgeon General (1994). Page 10 warns that "Illegal sales of tobacco products are common."

"Nowhere is the practice of smoking more imbedded than in the nation's prisons and jails, where the proportion of smokers to non-smokers is many times higher than that of society in general." Doughty v Board, 731 F Supp 423, 424 (D Col, 1989).

"Nationwide, the [ratio] of smokers [to non-smokers] in prisons is 90 percent." McKinney v Anderson, 924 F2d 1500, 1507 n 21 (CA 9, 1991) [affirmed and remanded, 509 US 25 (1993)].

           C. The Confederate goal is killing more Yankees yearly as in the entire Civil War (360,000). The out-of-uniform Confederates known as cigarette sellers, target minorities to sell disproportionately to them. See Klonoff, Landrine, and Alcarez, "An Experimental Analysis of Sociocultarial Variables in sales of Cigarettes to Minors," 87 Am J Pub Health 823-826 (May 1997), and the 1998 Surgeon General Report. So it is mostly black smokers in prison. We need to severely criminalize this discriminatory process.

          Tobacco ads target children to replace the 3,000 of their best customers killed every day, as 1998 Warren City Council President James Fouts says, "to find replacements for the adults they lose due to tobacco-related illnesses." Tobacco company intent/action when unrestrained by law is shown by this pre-restraint example of smoking: 30% of 6 year old boys; 50% of "boys between 9 and 10"; 88% of boys over 11. See Dixon, On Tobacco, 17 Canadian Med Ass'n J 1531 (Dec 1927).

          The truth is, cigarettes are not legal, triply not legal, in Michigan.

          A. It is illegal to provide people the means—e.g., a deleterious substance—to injure or kill. People v Carmichael, 5 Mich 10; 71 Am Dec 769 (1858); People v Kevorkian, 447 Mich 436, 494-6; 527 NW2d 714, 738-9 (1994). It is illegal even if death is slow, takes years. People v Stevenson, 416 Mich 383; 331 NW2d 143, 145-6 (1982).

          B. Cigarette emissions violate federal law, i.e., 29 CFR § 1910.1000. The Department of Health, Education and Welfare book, Smoking and Health: Report of the Advisory Committee to the Surgeon General of the Public Health Service, PHS Pub 1103, Table 4, p 60 (1964), has examples:

          C. Cigarettes are specifically illegal pursuant to Michigan law MCL § 750.27, MSA § 28.216, which bans deleterious and adulterated cigarettes. All cigarettes are inherently deleterious. The warning label admits it. Grusendorf v City of Oklahoma City, 816 F2d 539, 543 (CA 10, 1987). The Department of Health and Human Services book, Reducing the Health Consequences of Smoking: 25 Years of Progress: a Report of the Surgeon General, Publication CDC 89-8411, Table 7, pp 86-87 (1989), lists examples of deleterious ingredients including:

          Tennessee in 1897 saw the danger, and banned cigarettes. The 1897 Tennessee cigarette ban was challenged, and upheld in court, Austin v State, 101 Tenn 563; 566-7; 48 SW 305, 306; 70 Am St Rep 703 (1898) aff'd 179 US 343 (1900). Michigan saw this, and passed its cigarette ban soon thereafter, in 1909. Many people still alive then remembered that Confederates—the source of tobacco—had fought for the right to torture and kill. That right, which underlay slavery, had been repeatedly upheld in Southern courts, e.g., Commonwealth v Turner, 26 Va 678 (1827); State v Mann, 13 NC 263 (1829); Neal v Farmer, 9 Ga 555 (1851); and Commonwealth v Souther, 48 Va 673 (1851). So in 1909, there was prudent suspicion that they wanted revenge, and would manipulate and flavor the product so as to torture and poison Northerners. There was evidence of poisoning.

          Cigarettes have long been adulterated with coumarin, rat poison, from trilisa odoratissima plants. "[I]t is largely used as an adulterant of smoking tobacco . . . [for its intoxicating, addicting effect]. Hence . . . cigarette-smoking . . . is assuming the proportions of a great national evil." Laurence Johnson, M.D., A Manual of the Medical Botany of North America (NY: William Wood & Co, 1884), pp 170-1. The 1897 Tennessee law upheld in Austin v State, supra, was thereafter passed.

          "It] has been used commercially for many years—mainly in cigarettes . . . harvest of [it] is expanding . . . The composition of one flavoring extract that includes [it] was patented in 1961. . . . About two million pounds of cured plants are harvested annually. . . . Because [it] is a perennial and the roots are not harvested, maintaining populations is not a problem. A decrease in plant populations has not been noted." Source: Krochmal, Trilisa odoratissima, 23 Econ Bot 185-6 (1969).

           "Leaves of [the plant] . . . are used in the tobacco industry, particularly in cigarette mixtures. . . . It appears that the . . . constituent most desired by the tobacco industry is coumarin." Source: Haskins, et al., Coumarin in Trilisa odoratissima, 26 Econ Bot 44-8 (1972).

           "Leaves used to flavor pipe and cigar tobacco and cigarettes . . . and as a moth repellant . . . may cause hemorrhage and liver damage." Source: James A. Duke, Handbook of Medicinal Herbs (Boca Raton, FL: CRC Press, 1985), p 491.

          In one of the cigarette litigation cases, Mike Moore, Attorney General ex rel State of Mississippi v American Tobacco Co, et al, No 94-1429, Jeffrey Wigand, Ph.D., an ex-tobacco company scientist, admitted coumarin (rat poison) in tobacco. See Philip Hilts, Smoke Screen: The Truth Behind The Tobacco Industry Cover-Up (NY: Addison-Wesley Pub Co, 1996), pp 161-163. Flouting the above public domain data, tobacco company attorney Thomas Bezanson objected, not as untrue, but "on trade secret grounds." Such attorney concealment appears to be obstruction of justice, attorney misconduct, to fraudulently conceal the fact of the data having long been published and in the public domain.

          A. Gosselin, Smith, Hodge, and Braddock, Clinical Toxicology of Commercial Products, 5th ed (Baltimore: Williams & Wilkins, 1984). Page II-4 lists toxicity levels of 1-6 (1, "practically non-toxic"; 4, "very toxic"; 6, "super-toxic"). Nicotine, item 772, pages II-237 and III-311-4 is rated a 6; coumarin, page II-257, item 861, is a 4.

          B. Robert Dreisbach and William Robertson, Handbook of Poisoning: Prevention, Diagnosis and Treatment, 12th ed (Norwalk, CT: Appleton & Lange, 1983 and 1987). Pages 35 and 259-263 cover carbon monoxide poisoning; pages 130-2, tobacco and nicotine; pages 385-7, anticoagulants, e.g., coumarin and warfarin.

          C. Sondra Goodman, Director, Household Hazardous Waste Project, HHWP's Guide to Hazardous Products Around the Home, 2d ed (Springfield, MO: Southwest Mo St Univ Press, 1989). Page 99 covers poisoning by carbon monoxide, of which cigarettes emit 42,000 ppm , exceeding the 29 CFR § 1910.1000 average safe limit of 35 ppm).

           D. Jay Arena and Richard Drew, Poisoning, 5th ed (Springfield, IL: Charles C. Thomas Pub, 1986). Pages 216-217 cover nicotine; pp 308-312, carbon monoxide; p 999, which lists coumarin, says, ominously, "see Warfarin," p 1007.

          "Over 37 million people (one of every six Americans alive today) will die from cigarette smoking years before they otherwise would." See U.S. Department of Health, Education, and Welfare book, Research on Smoking Behavior, Research Monograph 17, DHEW Publication ADM 78-581, page v (Dec 1977). Such deaths are "natural and probable consequences," a term defined in Black's Law Dictionary, 6th ed (St. Paul: West Pub Co, 1990), page 1026. Deaths from cigarettes' deleteriousness occur so frequently as to be expected to happen again and again, hence meet the definition. "Cigarette Makers Get Away With Murder," says Elizabeth M. Whelan, Sc.D., The Detroit News, p 4B (14 Mar 1993).

VIII. Michigan Leadership

          Our deleterious cigarette ban MCL § 750.27, MSA § 28.216, follows the wise nineteenth century concept of criminalizing fraudulent sales, snake-oil sales, etc., not the buying. The concept was that criminalizing buying and use makes too many criminals, promotes disrespect for law, and punishes the victim of the fraudulent sale. This is especially true with children, below the age of maturity and consent to even make contract decisions. We criminalize leaving one's refrigerator outside with the lock on (MCL§ 750.493d, MSA § 28.761(4)), not the unsuspecting children who fall prey to it. By banning the gateway drug, not a post-gateway drug such as alcohol, MCL § 750.27, MSA § 28.216, avoids the error of Prohibition, and puts personal responsibility on those with most knowledge of the contraband substance (manufacturers and sellers), not on unwary consumers, often children. Michigan's well-reasoned law is an example for the nation.

          TCPG supports enforcing current penalties, and increasing them, for selling cigarettes, making it a felony with penalties like those for other poisonings of people, others' out-of-uniform killing civilians, and specifically a penalty greater than for the drugs that kill fewer people, e.g., crack cocaine, heroin, the mild "rape drug," etc., all pursuant to the precedents that the penalty should be life in prison for poisoning people.

RELATED INFORMATION

          Governor John Engler and his staff have been supportive and are trying to halt cigarette smuggling, issuing five memoranda on the subject.