Invalidity/Unconstitutionality of the Controlled Substances Act

Finshaggy

Well-Known Member
Oppression of Hindus by the United States
http://www.scribd.com/doc/271997415/Hindu-Brief#scribd
http://www.scribd.com/doc/270436023/Somic-Shilpa-Shastras
The drug laws (the Controlled Substances Act) are in violation of the Free Exercise Clause of the Constitution, similar to how it violates this same Clause in Native American and Santo Diame cases. It is also possible the act violate the 21st Amendment, which legalized not alcohol or fermented drinks, but all intoxicating liquors, and by the definition of intoxicating liquor, Bhang is an intoxicating liquor (The Controlled Substances Act was written when it was found that the Marijuana Tax act violated the Fifth Amendment and was overturned, the Controlled Substances Act may need to be overturned due to 21st Amendment violations). There are very few Supreme Court cases involving the 21st Amendment, and no one has ever brought up to the Supreme Court the point that the 21st Amendment legalizes intoxicating liquors. The 21st Amendment was ratified in 1933 The drug laws at that time were based on the Harrison Narcotics Tax act, which did not make narcotics illegal but taxed them and limited importation from foreign countries. Around this time most every drug could be bought at a Drug store, and much of the time it would be in syrup form and mixed with Soda. This is where Coca-Cola comes from, which was originally made with the Coca leaf.

https://en.wikipedia.org/wiki/United_States_v._Forty_Barrels_&_Twenty_Kegs_of_Coca-Cola
+
https://en.wikipedia.org/wiki/Gonzales_v._O_Centro_Espirita_Beneficente_Uniao_do_Vegetal
Burwell v. Hobby Lobby, 573 U.S. _ (2014)
http://www.supremecourt.gov/opinions/13pdf/13-354_olp1.pdf
"It held that the Greens’ businesses are “persons” under RFRA, and that the corporations had established a likelihood of success on their RFRA claim because the contraceptive mandate substantially burdened their exercise of religion and HHS had not demonstrated a compelling interest in enforcing the mandate against them; in the alternative, the court held that HHS had not proved that the mandate was the “least restrictive means” of furthering a compelling governmental interest.
In order to ensure broad protection for religious liberty, RFRA provides that “Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.” §2000bb–1(a).2 If the Government substantially burdens a person’s exercise of religion, under the Act that person is entitled to an exemption from the rule unless the Government “demonstrates that application of the burden to the person—(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.” §2000bb–1(b)
Following our decision in City of Boerne, Congress passed the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 114 Stat. 803, 42 U. S. C. §2000cc et seq. That statute, enacted under Congress’s Commerce and Spending Clause powers, imposes the same general test as RFRA but on a more limited category of governmental actions. See Cutter v. Wilkinson, 544 U. S. 709, 715–716 (2005). And, what is most relevant for present purposes, RLUIPA amended RFRA’s definition of the “exercise of religion.” See §2000bb–2(4) (importing RLUIPA definition).
Before RLUIPA, RFRA’s definition made reference to the First Amendment. See §2000bb– 2(4) (1994 ed.) (defining “exercise of religion” as “the exercise of religion under the First Amendment”). In RLUIPA, in an obvious effort to effect a complete separation from First Amendment case law, Congress deleted the reference to the First Amendment and defined the “exercise of religion” to include “any exercise of religion, whether or not compelled by, or central to, a system of religious belief.” §2000cc–5(7)(A). And Congress mandated that this concept “be construed in favor of a broad protection of religious exercise, to the maximum extent permitted by the terms of this chapter and the Constitution.” §2000cc– 3(g)."
 

Finshaggy

Well-Known Member
If anyone does not know how the Controlled Substances Act was written, read this:
https://supreme.justia.com/cases/federal/us/395/6/

That case was the very last case tried under the Marijuana Tax Act. It was a case where Timothy Leary was arrested at the border when he forgot that he had Marijuana from New York in his car, and for some unrelated reason, he was denied access to Mexico that day and searched on his way back in to the United States. He was arrested for not stating that he was in possession of Marijuana, or the nature of his Marijuana business and for not having a tax stamp when crossing the border with it.

In court he argued that the law was unconstitutional according to his 5th Amendment rights, because if he had declared he had had Marijuana whether at the border or at a Government office (in order to get a tax stamp) they would have arrested him, meaning that he would have to incriminate himself either by declaring his possession of Marijuana or by bringing it to the Government office. This was found by the Supreme Court to be in violation of his 5th Amendment Right to not incriminate himself and not only was the charge dropped, the entire law was overturned because the wording was unconstitutional.

The Controlled Substances Act was written in response to this, but during the time between the overturning of the law and the writing of the new one, Marijuana was completely legal.

And if someone challenges the Controlled Substances Act with the 21st Amendment, it could happen again.
 

Finshaggy

Well-Known Member
Church of the Holy Trinity v. United States143 U.S. 457 (1892)

It is a familiar rule that a thing may be within the letter of the statute and yet not within the statute because not within its spirit nor within the intention of its makers. This has been often asserted, and the reports are full of cases illustrating its application. This is not the substitution of the will of the judge for that of the legislator, for frequently words of general meaning are used in a statute, words broad enough to include an act in question, and yet a consideration of the whole legislation, or of the circumstances surrounding its enactment, or of the absurd results which follow from giving such broad meaning to the words, makes it unreasonable to believe that the legislator intended to include the particular act. As said in Plowden 205:

"From which cases it appears that the sages of the law heretofore have construed statutes quite contrary to the letter in some appearance, and those statutes which comprehend all things in the letter they have expounded to extend to but some things, and those which generally prohibit all people from doing such an act they have interpreted to permit some people to do it, and those which include every person in the letter they have adjudged to reach to some persons only, which expositions have always been founded upon the intent of the legislature, which they have collected sometimes by considering the cause and necessity of making the act, sometimes by comparing one part of the act with another, and sometimes by foreign circumstances."
 

Finshaggy

Well-Known Member
About 40 years ago, the Supreme court ruled that an Employer could refuse to hire a Native American on the discriminatory basis of Peyote/Mescaline in their urine. They ruled that if they let Natives do religious peyote ceremonies, then go to work sober but fail a drug test and then have Religious protection in the employment contract, they would supposedly be "Making every man a law unto himself".

But now, they made a ruling that Religious Companies (which are considered people) can make decisions about what their people can and can not put in their body. And they can refuse to obey laws on the basis of Religious belief Regardless of if the belief is "central to or compelled by, a system of Religious belief" meaning it does not have to be part of an Ancient text, just part of your modern belief.

So, what if there is a Native American organization that feels like people that work for them should take peyote, even if they are not Natives? Or what if a Marijuana Dispensary has religious convictions that say they should all smoke at work? They have the same protections that the Christians in Burwell V Hobby Lobby had when they said that they believe contraceptives kill souls, which is not in any Religious book.
 
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