Pubdate: Mon, 11 Feb 2013
Source: Montana Standard (Butte, MT)
Copyright: 2013 Montana Standard
Author: Mike Dee


Chris Williams' defense was Montana's Medical Marijuana Act. Whose 
fault was it that he does not know what his basic fundamental rights 
are as he heads off to prison for political reasons?

Marijuana remains illegal because the judiciary has determined the 
constitutionality of marijuana laws by rational basis. Rational basis 
is used when no fundamental rights have been declared injured by the 
defendant from enforcement of the law.

Since 1965, 22 million-plus people in the United States have been 
arrested or summoned to court for violating marijuana laws. That's 22 
million people who had standing to question whether marijuana laws 
are reasonable.

We have been deprived of our fundamental rights to liberty and 
property by the enforcement of the marijuana laws. Why has this fact 
been ignored by the lawyers from the American Civil Liberties Union, 
NORML, etc. Criminal laws present a justifiable controversy under 
Article 3 of the Constitution because of actual injury to fundamental 
rights. Being arrested and going to prison is deprivation of liberty.

Due process of law requires the deprivation of fundamental rights to 
be justified by a compelling state interest to use state police 
power. Police power is reasonable and necessary when it is used to 
protect public safety.

Criminalizing marijuana is unreasonable and unnecessary, because the 
private use of marijuana does not threaten the rights of others. 
There is no victim of a crime. The rights of marijuana users to be 
secure in their persons, houses, papers and effects from unreasonable 
searches and seizures has been violated. Marijuana users have been 
deprived of life, liberty and property without due process of law. 
Rational review of criminal laws is deprivation of rights under the 
color of law.

Does Mr. Williams' lawyer believe he is a non-person and not entitled 
to equal protection of the Fourth and Fifth Amendments? Try 
declaratory judgment, Chris. Just make sure you claim the law 
deprived you of your right to liberty to question the reasonableness 
of the marijuana laws you were convicted of.

Mike Dee

786 Roosevelt Trail

Windham, Maine
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