Millions of Americans have been arrested and their property has been seized for violating the marijuana laws. Millions of us have the right to question the validity of these laws and are denied the right to due process of law.
Marijuana is still illegal because the judiciary does not recognize marijuana users as persons and does not recognize marijuana as property. Persons and property under the Constitution’s 4th and 5th Amendments are protected from unreasonable deprivation of liberty and property. Lawyers and judges deny the enforcement of the marijuana laws affect individual rights to privacy, liberty and property secured by the 4th and 5th Amendments. The courts claim no rights are affected by the enforcement of the marijuana laws because marijuana is not a fundamental right. Judicial review is the rational basis test, not the reasonableness standard of the 4th amendment. Reasonable criminal laws are to protect the rights of others from an individual’s activities.
This year, without review, the U.S. Supreme Court is saying that it is rational to search and seize my person, house papers and effects for violating the marijuana laws. The Bill of Rights was adopted to the Constitution of the United States on December 15, 1791. What happened to 4th and 5th Amendments of the Bill of Rights? I would have to say that they were “killed in action” in the “war on drugs” by those who take an oath to protect them.
Michael J. Dee