Pubdate: Thu, 02 Feb 2012
Source: Missoulian (MT)
Copyright: 2012 Missoulian
Author: Michael J. Dee


Re: Jan. 24 story by Associated Press reporter Matt Volz

What trumps federal law is the federal Constitution.

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

I claim criminalizing marijuana is an unreasonable and unnecessary
regulation of my fundamental rights to liberty, to property and to
privacy and contravenes the Fourth, Fifth and 14th amendments of the
Constitution of the United States.

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 no 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.

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

Michael J. Dee

Windham, Maine
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MAP posted-by: Richard R Smith Jr.