1. I, Michael J. Dee, am an adult “person” and a resident of Cumberland County, State of Maine. The jurisdiction of this Court to review this case and controversy exists pursuant to Article III section 2, the Fourth and Fifth Amendments of the Constitution of the United States; and Title 28 U.S.C. §§ 1331 and 2201.

2. Dee claims the classification of marijuana as a controlled substance, Title 21 U.S. C.§§ 841(a)(1), and 844, that make the cultivation, possession and use of marijuana criminal offences, is arbitrary, unnecessary, unjustified and unreasonable regulations of his fundamental rights to privacy, liberty, and property and contravenes the 4th and 5th Amendments of the Constitution of the United States.

3.The local cultivation and possession of marijuana does not adversely affect the rights of others.

4. Dee claims there was a “credible threat of federal prosecution.” On May 9th 2006, Officers J. Farrel, Badge #169, and C. Hamel, Badge # 155, from the Immigration Customs Enforcement ( I.C.E.) confronted Dee about his presence at the Maine Federal District Court House on the NW corner Pearl Street and Newbury Street. They said they would enforce the federal marijuana laws if they caught Dee violating them. Title 21 U.S. C.§§ 841(a)(1) and 844.

5. Dee has three convictions under the law of two States, Maine and Wyoming, that are final. He would be sentenced to a term of imprisonment for not less than 90 days but not more than 3 years if was caught possessing marijuana outside this federal court.

6. Dee assert a sufficiently direct threat of personal detriment. He should not be required to await and undergo a criminal prosecution as the sole means of seeking relief.

7. Dee has a right to due process law, that it is not necessary that Dee expose his property and person to actual seizure and prosecution to be entitled to question the validity of these federal criminal laws.

8. Dee claims the operation and effect of criminal laws presents an actual case and justiciable controversy as required by Article III of the Constitution of the United States.

9. A legitimate governmental interest to criminalize Dee’s activities extends only to the protection of the rights of others. Without injury to rights of others, government intrusion is unreasonable and contravenes the 4th and 5th Amendments of the Constitution of the United States.

10. Dee claims judicial review of criminal laws Title 21 U.S. C.§§ 841(a)(1) and 844, is the reasonableness standard of the 4th Amendment of the Constitution of the United States.

Declaratory Relief

11. Michael J. Dee is not asking this court to declare marijuana is a fundamental right.

12. Dee is asking this court to declare Title 21 U.S. C.§§ 841(a)(1), and 844, that make the local cultivation, possession and use of marijuana criminal offences, are arbitrary, unnecessary, unjustified, unreasonable regulation of his fundamental rights to privacy, liberty, and property and contravenes the 4th and 5th Amendments of the Constitution of the United States and are unconstitutional.

Dated: April 23, 2009

MICHAEL J. DEE, pro se,
P.O. Box 2021
786 Roosevelt Trail
Windham, Me. 04062
207-893-0287