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Kaptain Kind Says PDF Print E-mail
Written by Kaptain Kind   
Sunday, 05 August 2007

Hay! Green folks lets get our perspective again. We all know the Green Healing Goddess is a medicine but the disagreeing can go on for ever so maybe we need to take a look at the Constitution again.

Two cases from the 70's could be the answer People v. Sinclair and People v. Lorentzen. Sinclair, found in any case law service like West's as citation 194 North Western Reporter 2d, page 878 and the other Lorentzen, found in the same book are two cases that were used to change cannabis use from a felony to a misdemeanor in Michigan. Two arguments were used, one nine years in prison was cruel and unusual punishment and the other the law violated the 'equal protection' aspects or the Constitution. When the Judges decided the case they only ruled on the 'cruel and unusual' part of the arguments presented because that solved the problem. But the other argument of 'equal protection' has still not been used apparently because it was 'hidden' in the other decision. The court allowed much medical evidence concluding that cannabis use was less harmful than alcohol therefore cannabis use must be restricted or regulated less than alcohol to satisfy equal protection requirements.

And for you really lawyer types the federal law against state approved medical cannabis is a violation of section 4 article 4 of the U.S. Constitution that says the federal government shall guarantee the states a republican form of government. What that means is the people of the states are sovereign and they elect representatives. It is unconstitutional for the feds not to allow the people of a state what they vote to do, except concerning specific powers granted the Federal. Sovereign People means we always have the last say, that is the law.

Oh! Let’s not forget entrapment, each government fed and state acting as agents of the other, the state says it is OK but the Fed busts you for it and they can't say you were inclined to commit the crime because what is the crime? Trying to get state approved medicine. I don't think they would do this in Russia or Nazi Germany, such gross violations of human decency.

The neat thing here is because the decision was made in a State Supreme court and they were constitutional issues they are almost automatically binding in other state courts. Taking the question to the Federal District court and there is no reasonable constitutional reason why the Michigan Supreme Court or these other points are wrong and anyone who tried to argue such would be noticed as a fool or a constitutional terrorist.
There's plenty of truth ammunition and they say the truth will set you free. So, 'Green Army of One Love' Lets get goin', "cause the loser now will latter to win, for the times they are a changin"

Last Updated ( Sunday, 05 August 2007 )
 
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