Un Reasonable Seize Marijuana-------------- Our Rights Their Betrayal

Always a work in progress

Michael J. Dee
Windham, Maine

our4th@ursm.us

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One More time, Active Case

Suprme Court Of The United States
Writ of Certiorari

http://www.s234950599.onlinehome.us/8.html

Dee v State of Maine
Docket No. 11-1354

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FBI Criminal Complaint 1
Title 18 USC 242
Mailed April 5, 2012
http://www.s234950599.onlinehome.us/7.html.

No acknowledgement receiving criminal complaint.

FBI Criminal Complaint 2
Title 18 USC 242
Mailed April 9,2012
http://www.s234950599.onlinehome.us/6.html

No acknowledgement receiving criminal complaint.

WAR ON DRUGS

Defendants should just say no to the judiciary that declares the War On Drugs is a political question.

The proscription of marijuana and coca leaves is unreasonable and unnecessary use police power over our fundamental rights to liberty, to property and to privacy. These plants do not pose a threat to public safety unlike poison ivy. Getting drunk or stoned at home does not threaten public safety.

The judiciary continues to review these criminal laws by rational basis test because marijuana is not a fundamental right. The use of police power does not have to be justified.

Marijuana is classified as a Schedule I drug   to meet United Nations Convention on Narcotics without regard to the Bill of Rights.


Additional pages
http://www.s234950599.onlinehome.us/index.html

An Inquiry into the Legal History of American Marijuana Prohibition
http://www.druglibrary.org/schaffer/library/studies/vlr/vlrtoc.htm

FUNDAMENTAL RIGHTS

LIBERTY,PROPERTY, PRIVACY
FREEDOM FROM UNREASONABLE, UNNECESSARY

POLICE POWER

For over forty years we have had a fundamental right to know what the compelling state interest is in criminalizing marijuana and depriving persons of their liberty and property. This right is called by due process of law.

The democratic process using police power is not absolute and is subject to judicial review.

What happened to defenders of civil liberties? The enforcement of criminal laws impinge upon our civil liberties, our fundamental rights.

If you get busted for pot you have the right to make a claim of injury to the court that the marijuana laws are unreasonable and unnecessary use of state police power over your fundamental rights to privacy, to liberty, and to property and that they contravene the 4th, 5th or the 14th Amendments of the Constitution of the United States. You will not find these issues raised in National case law.

In Canada the marijuana laws contravene the principles of fundamental justice of sections 8, 7, and 1 of the Charter of Rights and Freedoms.

The use of state police power is to protect public safety from our individual activities.

Judicial review of criminal laws is strict scrutiny not rational review.

In my latest Maine Supreme Judicial court challenge as a defendant (Ken.-11-299). The Justices continue to deny the enforcement of the marijuana laws caused actual injury to my fundamental rights to property, to liberty and to privacy.

I do not see my self going to the legislative or directly to the people to get what is guaranteed by the constitution. It would confirm that I am not a person and marijuana is not property The right to liberty, to property, and to privacy are secured from unreasonable police power which is government intrusion. It is an issue for the constitutional law courts.

I am trying to convince people that the proscription of marijuana (cannabis) is a justiciable controversy. It is a court issue because it is a fundamental rights issue. 
Lawyers will not protect our fundamental rights to privacy, to liberty and to property because judges will not allow it. The ACLU and NORML have also not protected those civil liberties.

But it should not stop any body from trying in federal court or state court.

Any one who gets arrested has standing in a motion to dismiss to have the marijuana laws declared unconstitutional.We have been deprived of our liberty and property without due process of law. Why is it reasonable and necessary to proscribe marijuana and deprive us of our fundamental rights? A search warrant is an invasion of privacy. Being arrested is seizure of person, deprivation of liberty, Seizing marijuana is deprivation of property.

The proscription of marijuana is an unreasonable and unnecessary regulation of our fundamental rights to liberty, to property, and to privacy. The federal proscription of marijuana contravenes the 4th and  5th Amendments and the commerce clause. Marijuana is arbitrarily classified as a controlled substance and violates due process of law. State proscription contravenes the 14th Amendment.

I have a long history in the court and the court keeps saying that  I ‘m claiming marijuana is a fundamental right. This assertion is not true. These judges and government attorneys have deprived me of my rights under the color of law. This is a federal crime Title 18 U.S.C. 242.

Marijuana is not a fundamental right. Marijuana is property. The right to property is fundamental right. Liberty is freedom from police power.

Red Mass DC

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“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.” Thomas Jefferson

Does the DEA control the Courts?

Judicial review to determine the constitutionality of criminal laws by rational review is deprivation of rights under the color of law.

I have not sought legalization of marijuana by legislative means. I have sought constitutional protection from the judicial branch of government to acquire and possess this property, beginning in the 1980s.

Questioning the validity, the construction, the constitutionality of the marijuana laws is a very simple process. There are two ways, a civil action called Declaratory Judgment and the other being a defendant. The enforcement by police power of state of the marijuana laws has deprived of me of my fundmantal right to privacy, liberty and property as well as millions of others,without due process of law. There is a lack of justification for criminalizing marijuana. The laws are unreaonable government intrusion.

In my lawsuits, the claim I made, in three judicial juisdictions, was that the marijuana laws are unreasonable, unnecessary regulations of individual fundamental rights to liberty, to property, and to privacy secured by the 4th, 5th and 14th Amendments.

Judicial review would require the government to provide a compelling state interest related to public safety to show the laws are reasonable and necessary. For 40 years lawyers have not raised this justiciable controversy, except in Ravin v. Alaska where the laws were declared to be unreasonable government intrusion into privacy.

Marijuana remains illegal because the judiciary reviews the constitutionality of these laws by what the legal system calls rational review. Rational review is used when the enforcement of laws do not cause injury to fundamental rights.

The judiciary claims marijuana is not a fundamental right therefore it is a political question, a political crime. These law enforcement officials have willfully misrepresented demand for Relief in my lawsuits. These law enforcement officials have willfully deprived me of my rights to due process of law by denying equal protection of the 4th and 5th Amendments for political reasons, under the color of law. Deprivation of rights under the color of law is a federal crime. Title 18 USC 242. I have filed criminal complaints with the DOJ and appealed their decision as deprivation of rights under the color of law.


Why is marijuana illegal? Marijuana is illegal because the United Nations and the Congress of the United States classified marijuana a schedule I drug.

 Schedule I drugs have a lack of safety of use under medical supervision therefore have no medicinal use. We all know that marijuana is safer to abuse than alcohol. Marijuana does not meet the criteria to be a controlled substance and such classification is arbitrary and violate due process of law. Arbitrary enforcement of the laws also violates due process of law.

Marijuana remains illegal because the judiciary contravenes Art.III of the Constitution of the United States. The judiciary does not defend individual rights. The judiciary says marijuana laws do not present a case or controvercy. The judiciary is saying marijuana is not a fundamental right. The Judiciary demeans the Fourth and Fifth Amendment to mean only on the operation of the law not reasonableness of the law.

Lawyers have not  claimed injury to defendent's individual rights from the enforcement of criminal laws that are unreasonble and unnecessary.  But I have, in my many Declaratory Judgment lawsuits in federal and state courts. I have been 86ed from the courts. I have to get permission from the court to file any more marijuana lawsuits.

The purpose of the judicial branch of government is to protect individual rights from unjustified, unreasonable, unnecessary laws or regulations that affect all fundamental individual rights including rights to privacy, to liberty and to property. These are fundamental rights secured by the 4th , 5th and 14th Amendments of the Constitution of the United States.

SCOTUS has declared that when fundamental rights are affected, the government has to justify the laws with a compelling state interest related to public health and safety, to demonstrate the laws are reasonable and necessary.

The private use of marijuana doesn't  pose a threat to public safety or public health. There is no threat of  injury to the rights of others. There is no victim of a crime. It is unreasonable and unnecessary to proscribe marijuana.

It is unreasonable and unnecessary to invade my privacy with a seach warrant;  to seize my person and  deprive me of my libertyor to seize my marijuana and deprive me of my property because there is no victim of a crime, no threat to public safety.

In the federal and state courts in which I presented the above arguements, the judges have declared the marijuana laws are rational because marijuana is not a fundamental right. that is tyranny.

http://www.mapinc.org/drugnews/v11/n482/a01.html?1049