Hello!
I hoped to share a few of my thoughts and hopefully brainstorm some solutions.
As bleak as things may seem and as corrupt as politics are, I still have hope. I think the people may have the necessary cards to play a winning hand on this.
According to CBS News, the United States is the world's largest consumer of illicit drugs. According to the CIA we are the "world's largest consumer of cocaine (shipped from Colombia through Mexico and the Caribbean), Colombian heroin, and Mexican heroin and marijuana; major consumer of ecstasy and Mexican methamphetamine". According to the International Centre for Prison Studies the United States has the highest prison population of any country on the planet, including China, who has a population over 1 billion larger than the US, according to the CIA World Factbook.
This war is destroying my country, the United States, and the harm it's doing to the rest of the world may be even greater. But the truth is that those responsible for creating this war never had the authority to do so in the first place. Let me explain, briefly. I would love to elaborate if this sparks a discussion.
According to Article I, Section 8 of the US Constitution, Congress was granted the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;" It's no secret that Congress's ability to pass the Controlled Substances Act stems solely from this power. Everything they regulate in this instance must be (a) a commercial activity, and (b) interstate, international, or commerce with the Native American Tribes.
So how can the Controlled Substances Act regulate personal possession, local manufacture, or even local distribution? Let's dig a little further.
Peruse the Congressional Findings and Declarations within the Controlled Substances Act, and you will find that:
- One statement is an admission of the necessity of many of the drugs which are regulated under the CSA;
- Only one statement is used to justify regulation at all, and is filled only with the vague assertion of a "substantial and detrimental effect on the health and general welfare of the American people.";
- Four statements are based on false logic used to misconstrue and abuse the powers of Government, deny and disparage rights which were retained by the People, and exceed the powers afforded to Congress;
- One statement is merely a statement of a foreign treaty and has no authority over the People without appropriate US Constitutional Law. A foreign treaty does not constitute authority to violate the Constitution. (This particular treaty even mentions that it's members' regulations need to be within their own nation's respective Constitutions)
The findings attempt to justify exceeding Congress's power by stating an inability (or unwillingness) to distinguish Controlled Substances produced locally by those traded interstate or internationally, and in placing massive penalties on local production for personal use, have violated the People's right against self incrimination by making it a crime to show that your activities are not within the power of government to reguate. If one was to photograph, catalog, and carefully document the cultivation of a plant, or the synthesis of a chemical, that would in turn provide evidence that the accused is "guilty" of a "crime" with stricter penalties, manufacturing.
Dr. Timothy Leary got the Marijuana Tax Stamp Law repealed because it violated his right against self incrimination. Leary v. United States Current law does not address or correct these issues.
Now, one won't go too far in this argument without running into Wickard v. Filburn. Essentially, this case determined that Congress could regulate a person's wheat produced for personal use. This case is the strongest lynchpin in the Government's argument for justification of the Controlled Substances Act. With a bit of observation, however, one will find that leaning on this case even falls flat.
Essentially, the Courts determined that Congress's quota on wheat production was an act of regulating interstate commerce, by ensuring a high market price. The defendant's actions alone of producing his own wheat may be insignificant by themselves, but the class of people who grow wheat for their own use would have a substantial affect on interstate commerce by reducing the need to purchase wheat at market and reducing interstate commerce.
The court no longer wanted to rely on terms such as indirect or manufacturing, and instead look at whether or not the actions actually had an affect on interstate commerce and whether or not that affect was in line with what Congress wanted to see.
So does the Government want to see an increase in international and interstate commerce of controlled substances? If they don't, then they can't hold a case against someone who is producing a substance solely for their own use, and is willing to demonstrate that.
When it comes to Controlled Substances, the Government seems to like to argue as if this case says decisively that Congress can regulate anything they want. This is not true. Wickard v. Filburn shows that a person growing wheat purely for his own use reduces interstate commerce of wheat. A person growing Cannabis purely for his own use, who would have purchased Cannabis through interstate means otherwise, is reducing interstate commerce of Cannabis, and is not within the power of federal government to regulate.
I haven't even got to the Bill of Rights yet. I've barely scratched the surface.
So why does this law still stand? I believe it's time for an intelligent culture to stand up and take our natural rights back from organized crime.
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i'm trying to organize other forums to do a protest, write legislators, and to get involved. you might look into it; i made a post about it very rescently.
-------------------- Wake up! and bake! Repeat or die! I will put this acid in my eye! silly as a silly bee, now it's my ears and nose that can see! hurdurdurdur Hurdeedee! Hippy crack hippidee! Cough cough cough! sip sip sip, DXM just landed me on a trip! Ho ho ho! hay hay hay! have a nice trip! enjoy your day!
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