Pubdate: Fri, 27 Jan 2012
Source: Summit Daily News (CO)
Copyright: 2012 Summit Daily News
Author: Michael J. Dee


Re: "Two Summit County Pot Raids This Week" SDN Jan. 25

I claim the federal classification of marijuana as a controlled 
substance is arbitrary and violates due process of law. Marijuana 
does not meet all three criteria to be a controlled substance; 
potential for abuse, medicinal use and safety of use. Federal laws 
says safety of use determines medicinal use. Marijuana is safe to use 
without medical supervision. Marijuana is not dangerous or life threatening.

I claim criminalizing marijuana is an unreasonable and unnecessary 
regulation of my fundamental rights to liberty, to property and to 
privacy and contravenes the 4th, 5th and 14th Amendments. Criminal 
laws present a case or controversy under Article III. Being arrested 
is deprivation of liberty, seizing marijuana is deprivation of 
property, and a search warrant is an invasion of privacy.

Due process of law requires the deprivation of fundamental rights be 
justified by a compelling state interest to show the law is 
reasonable and "necessary" to protect public safety. The private 
cultivation and sale of marijuana to adults does not threaten the 
rights of others. There is no victim of a crime.

Every defendant in a motion to dismiss has standing to make these 
claims in court. Stop claiming marijuana is a fundamental right.

Judges can't do their job until lawyer do their jobs. It's against a 
lawyer's self-interest to protect fundamental rights from unreasonable laws.

The war on drugs is a failure because it is not govern by the rule of law.

Michael J. Dee Windham, Me.
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