Pubdate: Fri, 27 Jun 2003
Source: Austin Chronicle (TX)
Copyright: 2003 Austin Chronicle Corp.
Author: Michael J. Dee


Dear Editor,

The Eagles right to use their property to raise money has been
affected by the new federal law. They would have standing in a
declaratory judgment proceeding in federal court to question the
constitutionality of the federal classification of marijuana as a
controlled substance. This is a main reason for the threat of
enforcement of the Illicit Drug Anti-Proliferation Act of 2003 on the

I do not see it as a free speech issue. I see this federal law, RAVE
Act, affecting rights to privacy, to property, and to liberty
protected by the Fourth and Fifth amendments of the United States

Supposedly, due process of law requires a compelling state interest to
threaten to violate these fundamental rights of members of the Eagle
Lodge, which is a private entity. The root of the matter, marijuana,
is illegal. So the question is, why is marijuana illegal to threaten
the fundamental rights of the Eagles?

The rule of law requires the government to prove marijuana is not safe
to use to violate fundamental rights. The government would have to
prove marijuana is more dangerous than alcohol. I am sure the members
of the Eagles know the answer to that, as well as the editors of this
newspaper. Seeking relief by the federal court declaring the federal
classification of marijuana as a controlled substance arbitrary and

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