(WORK IN PROGRESS)
NORML
National Organization Reform Marijuana Laws (NORML) was founded in 1970.
Comprehensive Drug Abuse Prevention and Control Act of 1970.
The following is an e- mail exchange between Keith Stoup and myself.
http://en.wikipedia.org/wiki/Keith_Stroup
On 2/7/09 11:56 AM, "Michael Dee" <dee_3311@msn.com> wrote:
Whose rights are affected by someone using marijuana? No ones but theirs.
Therefore criminalizing the use of marijuana is an unreasonable regulation of liberty and property rights and violates the 4th and 5th Amendments of the Constitution of the United States.
What happened to the rule of law? Ask the lawyers and judges.
Michael J. Dee
Keith Stroup, Esq.
NORML Legal Counsel
keith@norml.org
On 2/7/09 12:36 “Kieth Stroup”< keith@norml.org> wrote:
Michael:
I hate to be the one to break this to you, but those, and other more sophisticated legal arguments have been raised many times in both state and federal courts, and uniformly rejected by the courts.
Perhaps if you understood a bit more about constitutional law you would not be wasting our time.
Keith
Keith Stroup has not cited these "sophisticated legal arguement"
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AMICI CURIAE Brief by NORML
United States of America v. Oakland Cannabis Buyers' 532 U.S. 483 (2001); http://norml.org/index.cfm?Group_ID=4950
"II. The medical use of cannabis is an individual right that should be recognized by this Court in states where the people have enacted laws permitting it. "
II. C. 2 "Putting to one side the procedural protections of the warrant requirement, the Fourth Amendment generally protects the "security" of "persons, houses, papers, and effects" against official intrusions up to the point where the community's need for evidence surmounts a specified standard, ordinarily "probable cause." Beyond this point, it is ordinarily justifiable for the community to demand that the individual give up some part of his interest in privacy and security to advance the community's vital interests in law enforcement; such a search is generally "reasonable" in the Amendment's terms."
My interpretation is that NORML is saying It is reasonable to seize marijuana because marijuana is illegal.
We do not lose our rights to liberty, to privacy and to property in the interest of law enforcement. We lose our rights to when we affect the rights of others, public health and safety.
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NORML case law
1974
National Org. for the Reform of Marijuana Laws v. Ingersoll, 162 U.S. App. D.C. 67, 497 F.2d 654 (D.C. Cir. 1974); http://www.iowamedicalmarijuana.org/documents/pdfs/norml_v_ingersoll_1974.pdf
Petition to reshedule.
1977
National Org. for the Reform of Marijuana Laws v. Drug Enforcement Admin., 182 U.S. App. D.C. 114, 559 F.2d 735 (D.C. Cir. 1977) http://www.iowamedicalmarijuana.org/documents/pdfs/norml_v_dea_1977.pdf
1980
Citing Ravin V Alaska, 1975
1991
National Org. for the Reform of Marijuana Laws v. Drug Enforcement Admin. & Dep't of Health Education & Welfare, No. 79-1660 (D.C. Cir. Oct. 16, 1980); and most recently,
Alliance for Cannabis Therapeutics v. D.E.A. and NORML v. D.E.A. 930 F.2d 936 (D.C. Cir. 1991) http://www.iowamedicalmarijuana.org/documents/act1.aspx
1994
Alliance for Cannabis Therapeutics v. D.E.A. and NORML v. D.E.A 15 F.3d 1131 (D.C. Cir. 1994) http://www.iowamedicalmarijuana.org/documents/act2.aspx
“The Controlled Substances Act ("CSA") places hazardous drugs in five categories, or schedules, which impose varying restrictions on access to the drugs. See 21 U.S.C. § 812 (1988). Marijuana is assigned by statute to Schedule I, the most restrictive of these. “ 15 F.3d 1131, 1133 (D.C. Cir. 1994)
Marijuana remains illegal because the ACLU and NORML's lawyers refused to claim injury, by the enforcement of criminal laws, to basic fundamental rights to privacy, liberty and property secured by the 4th and 5th Amendments.
ACLU and NORML's lawyers have failed to recognize a case or controversy under Article III created by these criminal laws.
NORML's lawyers have never claimed the classification of mariijuana as a contolled substance is arbitrary and violates due proceass of law. Everyone knows marijuana is safe to use without medical supervision. Marijuana is safer to abuse than alcohol.
NORML has never claimed the marijuana laws are unreasonable regulations of individual rights.
E-mail exchange between Kieth Stroup and myself.