Weed The People: Cannabis and The Constitution
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January 6, 2011
Update: Inexplicably, the Republican leadership chose to CENSOR reading the 18th Amendment today. Ugh.
Today, as first act for the Republican led 112th Congress, the new majority is going to read the United States Constitution out loud.
Oh, the irony.
If there is real reverence for the document (notably the original copies of the document in the late 1700s were scribed onto paper made from hemp…a staple commercial crop during America’s Revolutionary period cultivated by many of the US Constitution’s original signers…an agricultural product banned by US federal governments for the last 74 years) by those who read the document and sit in rapture listening to the words, then it should be clear to all in the Congress this morning that Cannabis Prohibition is unconstitutional.
Why?
Where in the Constitution does the federal government derive the power and authority to ban and criminalize such a utilitarian and life-enhancing plant species as cannabis?
The oft-lamented by conservatives Commerce Clause? This is where the liberals in Franklin Roosevelt’s administration justified the federal government’s prohibition of cannabis in 1937. Both liberal and conservative governments have argued strenuously, and successfully, in federal courts that Cannabis Prohibition is lawful and sanctioned under the US Constitution’s Commerce Clause.
Further, and most importantly, today’s Congress, notably the new Constitution-loving majority, should listen carefully today when the reading turns to the 1919 18th Amendment (which created Alcohol Prohibition) and the 1933 21st Amendment (which, of course, repealed Alcohol Prohibition, which, like Cannabis Prohibition, was a complete failure that created more problems than it solved and unnecessarily conveyed policing powers from the states and cities to the federal government).
Unless the new majority supports the continued use of the Commerce Clause to justify federal intervention into state sovereignty, for them to adhere and respect the U.S. Constitution (which each member of Congress swears to uphold), they need to pass a constitutional amendment post haste that prohibits the cannabis plant and criminalizes its use, rather than rely on what many Americans consider a legislative fiat by the Congress that created and has fostered Cannabis Prohibition for over eight decades.
Indeed new majority (and minority) in Congress, read and respect the U.S. Constitution!
112 Responses to “Weed The People: Cannabis and The Constitution”
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The Commerce Clause. Why is there movement to amend THAT part of the constitution?
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it doesent matter. was it proof enough that cali. didnt get the people out to vote, like it states in the constitution WE THE PEOPLE we need to get out and vote. if nah sayiers vote and we dont they win. reguadless of what stated in the constitution. my people the oglala lakotas also cultivated hemp. my uncle Alex white plume sr. has been in a fight with the fedral courts on this matter for the better part on the last 15- 20 years. and us natives cuktivated hemp way before the whites even new there was a land across the atlantic. and it was also a used for trade along with furs and other goods.
Very ironic indeed. It’s time “the people” ended this war. Here’s what some of us in New Hampshire are doing.
http://nhjury.com/
IF THIS IS IMPLEMENTED, NOBODY WILL GO TO JAIL FROM A JURY CONVICTION FOR CANNABIS. DON’T BOGART THIS INFORMATION IN THE LINK ABOVE… PASS IT ON
The Congress should read it, many of those elected folks have never study it and the case law as well, like: “The Constitution is a written instrument, as such, its meaning does not alter. That which it meant when it was adopted, it means now.” South Carolina vs United States 199 U.S. 437, 448 (1905).
or:
“Every word appears to have been weighted with the utmost deliberation and its effect to have been fully understood.” Wright vs United States, 302 U.S. 583 (1938)
or how about this statement of the facts:
“Where rights are secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda vs Arizona, 384 U.S. 436, 491.
“When any court violates the clean and unambiguous language of the Constitution, a FRAUD is perpetrated and no one is bound to obey it.” State vs Sutton Minn. (147, 65 NW 262, 30 L.R.A. 630 Am. St. 459)
Damm Right they should read, the real question I have is Why can’t they follow it?
Unfortunately the “New Congress” is the same ‘ol Congress we always get after an election.
Nothing will change, more war will be waged and more money spent even thou they rode the wave of deficit reduction.
The GOP and Tea party have already added over a trillion dollars to our debt with the hand job tax break the rich just got.
Not until the old guard has died off or been booted out of office and people born after 1980 start to run the country cannabis will always be an evil plant to DC.
yeah right……. when hell freezes over…the politicians can’t even remember which lie they believe after they tell it. Save your seeds, hide your weed prohibition is here to stay
Our government was once truly limited by this great document but our modern leaders made it into just a piece of paper with a few tips on how to run a country.
When we can get the government to follow its own rules the people might have a chance to make a change.
also…we can all blame ouselves. we don’t get out to vote and we don’t donate money to the cause. We can’t allow Soros and facebook owners to finance everything
As soon as professionals, who from time to time enjoy pot, talk to everyone, not just their “cool” friends we can end this ridiculous probation sooner than later. I’m a professional, I give money to republicans and I often tell them my views on cannabis, trust me, the Dem’s aren’t the only ones who smoke or used to. Keep up the good fight NORML!
Or, they could just read some Thomas Jefferson quotes, such as:
The legitimate powers of government extend to such acts only as are injurious to others.
I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.
A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate.
Or this one, from Abraham Lincoln:
A prohibition law strikes a blow upon the very principles of which our government was founded.
Wish I could think of something nice to say about those treasonous bastards.
The whole Controlled Substance Act is unconstitutional…
The Constitution was originally intended to control the Government now it is used to control We the people…
thats right it doesnt once say that the government should limit what we do to ourselves i can understand the reasoning behind making drugs like cocaine heroin and other hard drugs illegal but marijuana? that doesnt make sense it hasent killed anyone or made a husband beat his wife and kids the only facts the goverment gives about marijuana is that it creates violence just speaking from experiences of my own but not once have i gotten upset or wanted to harm anything while under the influence of this plant if anything its government that keeps the violence in this nation if we make marijuana legal we remove that product off the black market and gangs and drug king pins wont have to fight for control or against the competition to sell because one could just go to Wal-mart and ask for an 1/8th honestly how many gangs are fighting for control over the coffee bean trade last time i looked into it i didnt find a damn thing about that and its probably from the simple fact that i can go pick up a thing of coffee for 7.99.
america was a young racist country with fear of immigrants but those days are over and the only thing keeping it illegal is those people out their who infring upon my right to the pursuit of happiness just because they are concerned little johnny will get into trouble and ruin his future well look at me now im just fine straight A’s in school and i am well on my way to college to earn a degree in nursing sorry for my rant i know alot of this is pointless information and i skip around ALOT sorry
How does the Commerce Clause allow the Fed Gvt to override the constitutional right of the states as ratified in 1791.
Amendment 10 – Powers of the States and People. Ratified 12/15/1791.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
This is a state issue the Feds need to keep their hands out of the cookie jar. The fact that they put marijuana in the same category as Heroin and Crystal Meth really should be a red flag. According to the Feds Cocaine is less addictive and people only do Cocaine because they used the “Gateway Drug” Marijuana. In fact the actual gateway drug is alcohol. Why allow a man made product that ravages the body when used in excess, yet not allow a naturally growing “cash crop” that has proven positive effects? I’m not saying that one can’t be addicted to Marijuana however, the effects of long term use are far less than that of anything a human being has ever created. If used in moderation marijuana is a safer alternative. I think the time for full legalization (and taxation) has come. The US is a super power still and others will follow suit giving the US and easily produced cash crop and should start the ball rolling to making us a great exporting country. Big business has ruined the ability for us to produce, With outsourcing to developing nations, which do need the assistance. We the people have become the Super consumers, the exact opposite of growth and development as foreseen by our forefather. Many an empire has fallen when they stop producing on their own. Take back YOUR country and YOUR pursuit of happiness. Vote for Legalization.
lol, as if Congress cares what we think
Where in the constitution does it say “The U.S. govt can LIE to its people” It does not. schedule one drug – “No medical value” and let me remind you of the 5,000 year history that says it does, not to mention the 9 other countries (three of them are Americas greatest allies) say it does, Not to mention 15 states + the district of columbia say it does have medical value. Why does the U.S. Federal govt LIE to its people?
@Nick….you know as well as I that these words only mean something to people who are in need of them, and all of us in need are in no position to act on them….just watch,and listen to these politicians talking, they are insane. They don’t care about anything. Most of our Representatives are so far removed from who they truly represent, and are only in it to get and stay rich. And…to push some religious agenda from which they tell all of us what we can and can’t do.
[...] US: Weed The People: Cannabis and The Constitution January 6th, 2011 / Allen St. Pierre / NORML Today, as first act for the Republican led 112th Congress, the new majority is going to read the [...]
@Glenn…you are right my man
The U.S.Constitution should be rubbed on their faces, not on their asses.
Its all about spending cuts right? CUT the DEA budget
Though some members of congress will blow their noses on the U.S. Constitution for their personal interest.
I’m not an economist but I figure it will take 50-100 million bushels of hemp seed to match and surpass our economy of today. One bushel to plant an acre. Dam, Wish I had some unemployed people around.
I’d love it if every cannabis user in America would get together to march in DC in such numbers that we couldn’t possibly be ignored any further by the arrogant greedy politicians. When was the last time any such march occurred? I wish NORML would promote this idea and help to coordinate it. Also, whatever happened to the idea of wearing an armband to promote ending prohibition on 4/20/11? I’m still hoping that is something that NORML will promote. We need leadership and we need action – not just a great website! That’s not to say I don’t truly appreciate this site, but to change the law and the minds of the prohibitionists, I think we need more!
hey this is an off topic question but i haven’t been able too find an answer to my question when i asked on other sites so i was hoping someone here might have an answer to my question. when i smoke because i don’t have a lot of money ill throw all the ash into a makeshift paper sack and i currently ran out of whats fresh an some of this ash is old maybe a year or so but a lot of it is only partially smoked well is it safe to use?
i smoked some yesterday and i seemed to do alright
The issue is the Drug Act of 1970. It superseded the original marijuana prohibition of 1937. The Supremes have already ruled (Raich v Gonzalez). don’t look to them for any sense. Get rid of the DEA and end the whole drug war by legislation. That will save a lot of money as well.
WHAT IF! God, who on the Sixth Day, gave us “The Green Herb – our Holy Sacrament,” – stepped in to ask, “Why have you forsaken my gift to you?”
I would say:
“We are all blessed with the Establishment Clause in the First Amendment of the Constitution and the Religious Freedom Restoration Act of 1993.”
I would say:
“It’s prohibitionists that disregard your word and gift.”
I would say:
“It’s the prohibs that have a penchant to relieve us of our individuality our individual rights, and especially our individual Faith.”
The Reformation
Genesis I:29,30,31
Genesis the Faith – San Diego Colony
@Glen
And yet the old Congress did not stop the m/m policy that DC is working(overworking)on.
Talk about sending mixed messages!
As if we needed any further proof of just how much our nation’s leaders care about the Constitution – Look Here: http://www.washingtonpost.com/wp-dyn/content/article/2011/01/06/AR2011010602807_2.html?hpid=topnews&sid=ST2011010601964
The Washington Post reports that the legislators became bored during the reading of the Constitution. They started thumbing their Blackberries. They fidgeted in their seats. They scratched their heads and left to get bottles of water.
Freshman Rep. Allen West (R-Fla.) followed along attentively for the first hour or so until he stood to read from Article 1, Section 8: “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”
Then he returned his Constitution to his suit pocket and walked out of the chamber.
This, People, Is What We Are Up Against!!!
THE GENESIST PRAYER.
Lord, we assemble to supplicate in our Faith, and appeal to you, the supreme judge of the world, for the rectitude of our intentions, collective consciousness, and determined unity. We, in the name, will, and authority of the good and free people of the Genesist Faith, solemnly publish and declare, that our United Genesist Colonies are, and of right, ought to be recalcitrant to government’s discriminate acts against our Faith, Holy Sacrament, and our Constitution. We pray – show us the way. Take us to the top of the mountain and shine your light on us. Take us to the river and wash our souls clean. Support the rock upon which we stand at your altar. Give us strength to carry on – amen.
Remember when Obama said science would prevail over politics before he was elected and laughed at legalization and dropped it from his vocabulary?
Someone is going to bring that up during the next campaign period. What’s he going to say, he has learned since then that it makes him violent and crazy as well as making white women want to have sex with him?
The present day government of the United States has little or nothing to do with the Constitution.
If the men who wrote that document were here today, they would be buying guns and ammunition. The oppression and fascism now practiced by our government makes King George III look like a freedom fighter.
Sooo depressing. I don’t know what the answer is. I don’t think anybody really does. I do know its not the Republicans. Sometimes it just seems hopeless.
Thank You Allen St. Pierre
GOD BLESS YOU
here’s a quotation from President Woodrow Wilson…There is an element that has invaded our government, a small group of contemptible men have made us a contemptible nation”. todays generation can think of it as a virus injected into a computer. those small men represented the slow death of our constitution and our nation. we are now all slaves to those special interests that lay down millions of dollars buying congressmen and senators to support big pharmacy, big tobacco, big oil. we the people have supported medical marijuana by at least 70% of the vote, we the people have voted for complete legalization by close to 50%. when does our vote count? it doesn’t, and the only thing those millionaires are doing is supporting the billionaires. here’s a quote from the late senator robert byrd of WV, just before he died….”they are all following there own agenda’s”. NOTHING LIKE A BUNCH OF NAZI’S IN POWER FOR OVER 70 YEARS, THEY’VE SLOWLY STOLEN THE WEALTH OF EVERY CITIZEN SENDING IT OVERSEAS, DEVELOPING THERE NEW WORLD GOVERNMENT WHILE WE THE PEOPLE WON’T DRAW OUR RETIREMENTS OR SOCIAL SECURITY OR VETERANS BENEFITS OR WORKERS COMP. WATCH ALAN SIMPSON, ONE ENTITLEMENT IS ALL YOU’LL GET, THEY’VE ALREADY SPENT IT OVERSEAS FOR DICK CHENEY AND DONALD RUMSFELD…BIG OIL AND BIG PHARMACY…TAKING OVER AFGHANISTAN.
[...] full post on NORML Blog, Marijuana Law Reform Share and [...]
Holy Smokes. @Dan> You hit the nail on the head. The newly elected representatives were sent there with a message. STOP SPENDING. The DEA budget is about 400+ MILLION, from what I can find, with no factual proof the efforts have produced the desired results. Time to slash and repeal. But, we keep hitting our head against the same wall with no differnt results. Insanity.
The Rev.sLeezy
This is great, but can anyone explain why law was never constitutional challenged in court?
[Editor's note: There have been dozens of unsuccessful constitutional challenges in federal (and administrative) courts since 1970.]
It’s time for NORML to organize a class action lawsuit in Federal court against the DEA on behalf of Medical Marijuana patients nationwide. If NORML can’t do it a suitable agent can be found easily.
Win or lose it gets appealed to the Supreme Court, where the Constitutionality of the law is questioned.
No partisan politics, no fear mongering from the prohibition gang, just a fair trial in open court to end this once and for all. Our experts against their experts face to face. An easy victory.
One more thing. This website should NEVER use the word ‘Marijuana’ ever again. It’s a demonized term that immediately generates images of a horrible devil weed supplied by evil foreigners.
Cannabis is the proper term. They haven’t taken that one yet.
[Editor's note: Class action lawsuit? Easy victory? Hardly...
NORML's been there, done that already. Federal courts will not approve the 'class' of citizens (including dying medical cannabis patients) to effectively sue the federal government.
Cannabis. Marijuana. Ganja. Whatever...use whatever term you're comfortable employing.]
34 Cat Cassie “Then, will you hear me now?”
“The Reformation”
Genesis I:29,30,32
The Genesis Faith – San Diego Colony
Thursday 01.06.11 CDXX Communion
Just as many Republicans – “toke” – as Democrats do – just as many religious as secular – just as many adults [including the elderly] as kids [excluding minor children] – just as many Blacks, Latins, and Asians as Whites [who are the largest percentage of users]. This all gives prohibs cause for concern. It’s “Exposer” – in all children – but especially in white adult females – just as many healthy as ill – and just as many pot-phobics prohibs as free spirits.
I say pot-phobic prohibs – because – the human body produces anandamide all by itself, continually – and – the human body has an entire Endo-cannabinoid System with cannabinoid receptors and all to accept the cannabinoid for its efficacy. “IT’S A HUMAN THING.” Because prohibs are “Inflicted” with the same Endo-cannabinoid System and Internal Generation there should be no penalty for increasing the dosage with the Sacrament. Now government is regulating the degree of a “Normal human body function.” It raises the question – “What would happen if one’s Endo-cannabinoid System were surgically removed.” What’s the odds of survival?
[...] authority to ban and criminalize such a utilitarian and life-enhancing plant species as cannabis? Read NORML’s full article here. ^^ Socialize it. Previous [...]
censored? govnt= losers
The DEA doesn’t differentiate(?) the difference between any form of hemp, it’s all “marijuana’ to them. Why don’t they confiscate the the origanal document and charge the goverment for possession of a a controlled substance. The irony of it!
[...] http://blog.norml.org/2011/01/06/wee…-constitution/ Weed The People: Cannabis and The Constitution Today, as first act for the Republican led [...]
I think Shane meant “why ISN’T there a movement” in much the way they are still trying to get the ERA passed.
The irony is that nobody will see this as proof Cannabis prohibition is wrong. They will use it for more racebaiting due to their idiotic belief that the “3/5″ clause for Native Americans & African Americans is “racism” when, in point of fact, it is the opposite since that was the MOST the abolitionists of the time were able to get out of their opposition… ironic that now that would be called “racist” when they were actually fighting FOR minorities by putting that in there (modern liberals read that passage of the constitution as if it was leviticus saying to kill all the gay people, but that’s NOT the context).
Once again– more racial politics in our cannabis politics. Oh good… because THAT’S what we want to be distracted by.
Have seeds, will plant. There are many un-weeded, irrigated trees and shrubs in desert areas that will give rise to sacred plant. Chief Stickam Pants will plant many seeds on rise of spring moon. Three more moons will pass then sacred tree of life will bring happiness. The Federal Government is thy enemy, the sun and rain will sustain. Our plant will remain long after this county has vanished.
[...] [...]
Editor’s note: Class action lawsuit? Easy victory? Hardly…
NORML’s been there, done that already. Federal courts will not approve the ‘class’ of citizens (including dying medical cannabis patients) to effectively sue the federal government.
Cannabis. Marijuana. Ganja. Whatever…use whatever term you’re comfortable employing.]
This maybe true but that doesn’t mean we shouldn’t continue to file against them. We need to clog the courts with our many many thousand of writ, class action and appeals. They are broke, time to break them in half. They do not have the money to fight us all. We together have much money money then them. We can send masses amounts of legal papaers into the system to make a log jam. We must continue to beat on this lie from all sides. We can do this, we just need to not back down and we need to file, file, file with the courts in the land and cause them to jam up. This is civil disobediance to continue to file with the courts after the first rejection. So what file again, and again. We have failed to present the right arguement of constitutionality, we should never stop just because we were told no, or rejected by a wayward court. Jam those Courts with legal paperwork is an effective way to bring them to our kness.
[Editor's note: Who is 'we'? You're invited to file all the federal class action lawsuits you like as NORML is not going to waste any more time and members' donations trying to qualify these suits when pretty clearly the courts will not affirm them.
Also, do you think this Supreme Court, if it were to receive the lawsuit, would rule in favor of medical cannabis patients and liberty?]
I. agree 100% with D.B. they agree with u until they get ellected and put into house and then they don’t know u or what u said.