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AS of July 10th, the state still hasn't responded.
NEW JERSEY
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JURY NULLIFICATION TRIAL
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Superior Court of Camden County
State of New Jersey
MOTION(s): To dismiss, To allow Open Advocation
of Jury Nullification as a defense, To be allowed to present the truth,
To force State of New Jersey to reveal truth about marijuana, Motion to
Dismiss based on the fact that marijuana is legal per 21 U.S.C. §321(p)
The First, and longest surviving Marijuana Prohibition is a religious ban ! 1484: The Catholic leader, Pope Innocent
VIII labeled CANNABIS as an unholy sacrament of the Satanic mass and issues
a papal ban on cannabis medicines.- The term "Devil weed", Killer Weed,
and Satan's herb, were all derived from this Religious Decree.
HISTORY of Marijuana's illegality in the USA This motion is based on history, truth, fact, Marijuana is a 100% natural medicine used by man, mostly men of color (which defendant is) for over 5000 years. People's of color have used marijuana in religious as well as medicial treatments for centuries. Marijuana doesn't grow naturally in Europe. African's and Asian's used marijuana in their cultures extenstively. Marijuana grows naturally thoughout Africa, Asia and Central & South America. Marijuana was first regulated in the US at the federal level by the Marihuana Taxation Act of 1937, which required anyone producing, distributing, or using marijuana for medical purposes to register and pay a tax, and which effectively prohibited non-medical use of the plant. Although the Act did not make medical use of marijuana illegal, it did make it expensive and incoventient for the people who used marijuana as medicine and sacrament. This Act was a Jim Crow law,
as it was directed at blacks, and mexican's originally, who
MTA of 1937 was a deliberate Racial law, designed
to assimilate, minorities into western cacausian (Christian) standards.
For blacks and mexican's who freely wanted to use natural " medicial marijuana",
they were thus forced to use dangerous man-made (bottled)chemical medicine's
owned and patented by white-males. Or become criminals.
Dr.'s in the USA were intimidated into no-longer prescribing "Medical Marijuana", with the threat of loss of Medical license. 1937 - 1939: Under Harry Anslinger, Director of
the Federal Bureau of Narcotics prosecutes 3,000 doctors for "illegally"
prescribing cannabis-derived medications. In 1939, the American Medical
Association reached an agreement with Anslinger, and over the following
decade, only three doctors are prosecuted. The AMA agreed to stop prescribing
the "NIGGER WEED."
1936 - 1938: William Randolph Hearst's newspaper empire fuels a tabloid journalism propaganda campaign against marijuana. Articles with headlines such as "Marihuana Makes Fiends of Boys in 30 Days; Hasheesh Goads Users to Blood-Lust" create terror of the "killer weed from Mexico." Through his relentless disinformation campaign, Hearst is credited with bringing the word "marijuana" into the English language. In addition to fueling racist attitudes toward Black's and Hispanics, Hearst papers run articles about "marijuana-crazed negroes" raping white women and playing "voodoo-satanic" jazz music. Driven insane by marijuana, these blacks -- according to accounts in Hearst-owned newspapers -- dared to step on white men's shadows, look white people directly in the eye for more than three seconds, and even laugh out loud at white people. For shame! 1942:Marijuana was removed from the PHARMACOPEIA of the USA Thoughout the 40-50's the government produced
propaganda commericals movies and literature all telling outright lie's
about marijuna. ( example: The Movie Reefer Madness) - Or Bureau of Narcotic's
Director Harry Anglinger's contents that marijuana made white women crave
negroe's. Institutions of higher learning were forced to stop teaching
the truth about marijuana, thus even today's Doctor's are taught to ignore
the truth. Today our government force's our children thru D.A.R.E. programs
to learn these lie's. No different from 1930's Hilter youth being taught
to hate Jews based on lie's. Marijuana user's both religious and social
are taught to be vilified by our government based again on lie's.
This act -The MTA of 1937 remains one of the toughest Jim Crow laws still being enforced. It is no mistake that blacks are dis-approtionatedly incarcerated by the greatest Jim Crow law ever and it is no mistake that it is still in existance. The only difference is during the civil rights movement of the sixtie's white's were introduced to marijuana in mass. The marijuana laws are now used to keep the all white controlled prison industries supplied with bodies, mainly bodies of color, not public safety concern's. * The government knows marijuana is safe. Calling marijuana dangerous is just the public lie presented to the public to insure enslavement of citizens. Mainly citizens of color, and unforunated white's who have been taught the truth about marijuana, by people's of color. The marijuana laws are a major vehicle for the legalized enslavement of citizens into the all white controlled private & public prison industry. It's no "FUCKING" mistake that the Governor's husband is entrenched in the prison industry (supplying it) and she encourages increased incarceration for victimless drug laws. As she did on August 4, 1997- These laws, which enslave citizens also enrich investor's in the prison industry. (Prison Industry =Present day legal slavery.)
And it's done under the cloak of law.
Today lives are ruined by the government not marijuana. The government destroy's you for knowing the truth. It is no crime to heal yourself. It is no crime to be safe. Humans naturally use intoxicate's,what right do the use's and enjoyer's of one intoxicate have to outlaw my intoxicant. Marijuana. The law say's you can only do our drugs! - Tobacco (which kills 400,000 yearly in the US alone) Alcohol - (which kills unknown hundreds of thousands directly and indirectly as well as totally innocent citizens killed as a result of some-one else's use. Marijuana kills no-one but The cacausian run Government wants every-one to use only it's drugs, (drugs controlled by whites) if it were truely about safey as many of the talking heads in the Democratic or Republican party say Alcohol, tobacco and many legal drugs would be illegal. Why aren't the maker's of the most deadly drug in the world ( AMERICAN CIGARETTE'S) made to stop. Surely if the government was truely thinking of safety, it would ban tobacco as it has done with it's claims that marijuana was dangerous. Because the *Jesse Helm's of the world don't want it stopped, and use the goverment as a tool to attempt to eradicate it's much safer, all natural,medically benificial, competitor the herb - "MARIJUANA". *Old White Senator from North Carolina protectorate of Tobacco and the continued presecution of the Cuban people. - Throwback to the George Wallace's of the 50's. The crime: knowing the truth ("that marijuana
is one of the safest theraputic substance's known to man") and acting on
it.
The government and it's stooge police agencies openly wage "WAR" on citizens who know the truth about marijuana and use it, trade it, sell it or grow it. Marijuana remains a staple in the black and hispanick communities despite the "WAR" being waged against these communities. The fact of the matter is marijuana should be legal, is legal and no-one should go to prision connection with any amount of marijuana. Why is it Italians, (catholic's) Jews, and Christians can have wine stellars full of grapes (wine), they can transport large quanities in trucks, making deliveries to individual customer's and If I have a few grams of natural marijuana in my pocket I'm subject to imprisonment. Why is it I as a Rasta have to hide my religion, from the government. In marijuana case's frequently user's who wish only to obtain personell marijuana end up facing long terms in prison because the prosecutor sticks them with the whole amout, under the broad conspiracy laws.If the individual is arrested along with a shippment of Medical marijuana. The government has choosen a preference to christian belief's that accept the grape (wine) as sacrament but reject the "HERB- MARIJUANA" which I and follower's of my faith have freely of our own free will, and consceince accepted as part of our Religious belief's. Despite NJ Constitution Article 1 (3)(4) which forbid's this from occuring! 4. There shall be no establishment of one religious sect in preference to another; 3. No person shall be deprived of the inestimable
privilege of worshipping "Almighty God" in a manner agreeable to
the dictates of his own conscience;
Today inner city neigborhoods have been transformed into war zone's by these racist inspired policies. Whenever a prohibition is created, a blackmarket will naturally appear in a capitalist culture. Why should government not accept the blame for the ravegeous of the drug war, a war it created. This blackmarket is created by the laws, creating a unpopular law. The crime associated these blackmarket's wouldn't exist if the prohibition didn't exist. Who would spent $1000.oo for a pound of marijuana, if you could grow it yourself in the backyard. - Nobody. If you didn't grow it yourself, you could get it from a freind who was a better green thumb. It wouldn't be a need to deal with a bunch of hoodlums on the street corner. The law place's you there in the street, forcing you to endanger your live and limb. By threating to take your freedom, children, and your home it'self if you grow it yourself. When a similar thing happened in the white communities with the alcohol prohibition , it was ended becasue of the rageous of the blackmarket eliment (MAFIA) the prohibition created. During the roaring 20's white's coast 2 coast , from Chicago, Los Angeles, to New York fought over the enormous proceeds created by the Alcohol prohibition. White's started shooting each other, drive by killings became common place in some cities, the only difference from then and now is the color of the combatants, and the drug. Congress ignore's the present ravegeous that it created mainly because people of color are killing each other now. Over drugs not controlled by white's anyway. In the 20' and 30's white's were killing each other. In 1933 the all white Congress ended the "War on Alcohol", with the 31 amendment, "the Right to get high with alcohol" - mainly because of the ravegeous it realized it created in the white communities. Why doesn't the current Congress recognize what it has done, and correct it. Some such as I say:RACISM, IGNORANCE & RELIGIOUS PERSECUTION I freely choose to ingest marijuana into my
own body and challenge the governments authority to regulate my body. I
know the truth about marijuana and as a FREE grown man refuse to conceed
that the government has the authority to regulate my body. I have never
ceeded my "right to regulate my own body". I know the ninth amendment has
to protect my right "to regulate my own body." This is my body
say's the 13th and 14th amendment's, I am a slave to no-one, not even government,
this is my body and my body alone. I freely chose to medicate my body with
marijuana, the greatest herb on the planet!
The MTA of 37, and all subsquent acts I beleive to be Bill's of attainer's The US Constitution clearly prohibit's the passage of BILL of ATTAINER"s : US Constitution, Article 1, Section 9, Paragraph 3, states "No Bill Of Attainder or Ex-post Facto Law, shall be passed. "A Bill of Attainder", is a legislative act which inflicts punishment without judicial trial and includes any legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons (such as Rastafarians) the legislature thinks them guilty of conduct which deserves punishment." -(like using marijuana? ) The marijuana laws have made all person's
belonging to religions that accept the "herb" marijuana as a sacrament
are made into criminals. Their religions become illegal. Old testimate
based Religions such as RASTAFARI have been made illegal
And God said, Behold, I have given you every herb bearing seed, which is upon the face of all earth, and every tree, in the which is fruit of a tree yeilding seed; to you it shall be for meat. And to every beast of the earth, and to every fowl of the air, and every thing that creepeth upon the earth, wherein there is life, I have given every green herb for meat: and it was so. GENESIS 1:29-30
In 1970 the U.S. congress obviously errored when it mis-classified marijuana as a schedule 1 drug under The Controlled Substance's Act of 1970. While at the same time accepting old drugs grandfathered by the FDCA-of 1938, into schedule 2, 3, 4, and 5. First of all marijuana doesn't fit the description of a CSA schedule 1 drug and marijuana was already granted protection, marijuana was grand-fathered in as a "Old Medicine" in accordance with 21 U.S.C. §321(p)(1) The Shaffer Commission.- The 1972 shaffer commission
desputed the marijuana classification as a schedule 1 drug, which requires
the substance to have no medical value. 17 million citizens have been arrested
and many ruined since. In the last 30 years since this mistake, or
deliberate hoax was enacted the State of New Jersey has both recoginized
marijuana's medicinmal value (1983-Medical Marijuana Research Bill)and
re-affirmed it's mistaken/hoax classification of marijuana as having no-medicinimal
value with it's renewed inclusion of marijuana as a schedule 1 drug. (CDS).
In August 4th, 1997 Crime Bill.
NEW LAW
On Nov. 24th, 1997 - I Edward "njweedman" Forchion, the defendant in indictment number 3596-10-98 was charged with possesion,(2c:35___), and possesion intent to distribute (2c:35___), first degree felonies, in connection with the shippment and delivery of a interstate parcel containing "medical marijuana". Under the provisions of 1997 crime bill. This new law was recently enacted, with the signing of the bill by Gov. Christy Whitman herself on August 4, 1997 just three months before the alledged violation. I again alledge this new law has a serious flaw in it. The substance "medical marijuana" is legal under 21 U.S.C. &321(p)(1). It is no mistake that I as a open advocate of legalization was targeted for ( persecution ) prosecution.(enslavement). _________________________________________________________________
MOTION: that the Jury be allowed to hear all the facts in this case, including the challenge, and arguments to the false classification of marijuana as a schedule 1 drug, as per NJ Constitution Article 1 (3) which state's: Every person may freely speak, write
and publish his sentiments on all subjects, being responsible for
the abuse of that right. No law shall be passed to restrain or abridge
the liberty of speech or of the press. In all prosecutions or indictments
for libel, the truth may be given in evidence to the jury; and if
it shall appear to the jury that the matter charged as libelous is true,
and was published with good motives and for justifiable ends, the party
shall be acquitted; and the jury shall have the right to determine the
law and the fact.
MOTION: to be allowed to present the truth, the history of marijuana, and the faith I believe and how it conflicts with current inflexible, religious intolerate NJ marijuana laws. A- If the truth about marijuana were told to the Juror's who are empowered to Judge law as well as evidence ( 1972- D.C. Circuit Court of Appeals -473 F. 2d 1113) . I beleive they would come to the same conclusion as the Shaffer Commission, The 1982, and 1999 IOM report's, that marijuana is a medicine. I wish to tell my jury "medical marijuana" is legal per: 21 U.S.C. §321(p)(1) B- While I still maintain my innocence, for the purpose's of this motion, I will not dispute that this package of marijuana was in fact "medical marijuana" shipped from the State of Arizona to the State of New Jersey. Interstate Commerce. The State of Arizona under the provision's of the 1996, Proposition 200, rescheduled marijuana to it's correct classification as a schedule 11 drug. Making it a legal medicine within the State of Arizonia. During 1994-95-96, I was very active in marijuana legalization issue's in the State of Arizona where I was a legal resident, and had begun making similar plans for New Jersey. ************************************************************ MOTION :TO DIMISS IN VIEW OF INDICTMENT IN RELATION TO FEDERAL COMMERCE CLAUSE PROTECTION.- (Grandfather clause) This package as attested to by, recorded testimony taken under oath from co-defendant Russell Forchion who pleaded guilty ( Dec-9th, 1998) before the court, was destined to a group of "medical marijuana user's" in Philadelphia, Pennsyslanvia, again Interstate Commerce. In fact Russell accuratedly described marijuana as "medical marijuana" in his guilty testimony. A-TheState of New Jersey didn't challenge this
fact at the time. Additionally, according to discovery made available
by the State it even acknowledge's that it was the one who actually transported
this interstate commerce package into the State of New Jersey.
B-Based on the undenialable facts that this parcel was a interstate package, I Edward "njweedman" Forchion request of the court to veiw this alledged State of New Jersey criminal act, prosecution, or indictment in light of the federal commerce clause, which I beleive protects "medical marijuana users" from persecution, if they are aware as I am. SHOULD THE COURT FIND THAT THE COMMERCE CLAUSE APPLIES TO THE "INTERSTATE MEDICAL MARIJUANA" ACTIVITIES SET FORTH IN THIS INDICTMENT FOR VIOLATING N.J. statue's 2c-35__, and 2c-35__, THOSE ACTIVITIES DO NOT CONSTITUTE AN OFFENSE UNDER 21 U.S.C. §841(a), (1) BECAUSE "MEDICAL MARIJUANA" IS A FEDERALLY RECOGONIZED PRE-1938-GRANDFATHERED MEDICINE (21 U.S.C. §321(p)) SUBJECT TO FDA REGULATION UNDER 21 U.S.C. §301 et. seq. and not a schedule 1 drug as the State of New Jersey alledge's in this indictment. Defendant, "NJWEEDMAN" is charged in the indictment with violating NJ status, 2c-35__, & 2c:35____ - the possesion of marijuana, a Schedule I substance alledge's the state.. As noted, for purposes of this motion, the undisputed facts establish that defendant was only in the vicinity, not in the possesion of the "medical marijuana," e.g., marijuana cultivated and used for medicinal purposes within the meaning U.S.C.§301 et. seq. Should the Court find that the Commerce Clause does, in fact, apply to the "medical marijuana" activities set forth in- indictment 3596-10-96, those activities do not constitute an offense under 21 U.S.C. §841(a)(1), or NJ Status 2c:35___ because "medical marijuana" is a federally recognized pre-1938-medicine (21 U.S.C. §321(p)) subject to FDA regulation under 21 U.S.C. §301 et. seq. "Medical Marijuana" is not a Schedule I substance subject to 21 U.S.C. §841(a)(1), or NJ 2c:35__ as alleged in the indictment. Marijuana is legal per 21 U.S.C. §321(p)
Factual Basis for this motion are: AA. - History/truth A. Relevant Federal Statutes and "The Grandfather Clause" 1- The Federal Food, Drug, and Cosmetic Act of 1938 ("the FDCA"), 21 U.S.C. §301 et seq., is designed to protect public health by regulating "new drugs" that are intended for use in interstate commerce. Barnes v. United States, 142 F.2d 648 (9th Cir.1944); United States v. Kordel, 164 F.2d 913 (7th Cir.1947); United States v. Two Bags, Poppy Seeds, 147 F.2d 123 (6th Cir. 1945). There exists, however, a "grandfather" clause which exempts certain old drugs from this "new drug" status. 21 U.S.C. §321(p)(1); United States v. Rutherford, 442 U.S. 544, 546-48 (1979); Rutherford v. United States, 541 F.2d. 1137, 1140-42 (10th Cir.1976) (reversed on other grounds, 442 U.S. 544). 2- As explained by federal regulators, when Congress revamped the FDCA in 1939, it "accepted those drugs marketed prior to 1938 which had been subject to the 1906 provisions of the FDCA [requiring drugs to be identified in recognized medical authorities such as the National Formulary, United States Dispensatory, Pharmacopeia of the United States, or other similar sources] provided these very old drugs retain their exact formulations and are never promoted for new uses." 57 Fed.Reg. 10499, 10503 (1992) (citing 21 U.S.C. §321(p) and (w)). As further explained, these pre-1938 drugs "are politically 'grandfathered' drugs" and "need not meet modern standards for safety and effectiveness." Ibid; United States v. Rutherford, 442 U.S. at 546-48; Rutherford v. United States, 541 F.2d. at 1140-42. 3- As will now be shown, marijuana is one of those "very old drugs" that was grandfathered in as a medicine back in 1938. Marijuana (more commonly known as cannabis) was widely recognized for its medicinal use in the medical journals of that time, and brand-name companies, such as Parke-Davis and Eli Lilly, were cultivating "home-grown cannabis" and selling the "flowering tops" of the plant for use in the treatment of illnesses such as anorexia, chronic pain, spasticity, and nausea. B. "Medical Marijuana" Is A Bona Fide Medicine Within The Meaning Of The Grandfather Clause Exemption: 1 - it bears emphasizing that federal regulators readily recognize "medical marijuana" as an authentic pre-1938 medicine: "Cannabis sativa L. was one of the first plants
to be used by man for fiber, food, medicine, and in social and religious
rituals. There were approximately 20 traditional medicinal uses of cannabis
... in Western medicine from the mid-19th to the early 20th century ...
In 1941, marijuana passed out of the National Formulary and the United
States Pharmacopeia."
* Defendant is a practicing RASTAFARIAN - use's marijuana for both medical and religious use. 2- recorded documents existing within private
and public libraries, now located on the world-wide web, (internet) further
reveal evidence of marijuana's recognition and acceptance as medicine prior
to 1938. Defendant submits the attached declaration and supporting exhibits
which verifies the pre-1938 acceptance of marijuana in the United States
Dispensatory, Pharmacopeia of the United States, and Materia Medica acknowledging
marijuana's use in the treatment of pain relief, epilepsy, appetite loss,
depression, vomiting, etc., etc., etc.
3 - As set forth in this declaration, companies
such as Parke-Davis, Eli Lilly, Merck, and Squibb made extensive use of
marijuana for commercial medicinal purposes and not only manufactured and
sold marijuana preparations, they cultivated "home-grown cannabis" and
then sold the "flowering tops" of those plants by the gram, ounce and pound.
4- Thus, the "medical marijuana" that I the defendant
njweedman is charged with possesion, and possesion to distribute in 1997
is identical to the type of marijuana that was cultivated and marketed
for medical use back in 1937. Since "medical marijuana" is a federally
recognized pre-1938 medicine, not a Schedule I substance, defendant's conduct
does not constitute an offense in violation of NJ status: 2c:35___, and
2c:35____.. In fact these newly enacted status are seriously flawed in
that it erronerously classifies marijuana as a schedule 1 drug, which requires
substance's in the schedule 1 classification to have no medical value in
the U.S.
6- Currently there are several on going federal programs that distribute marijuana for medical purpose's under the 1978 Compassionate Use Act. A. - The federal Government
in fact operates a 300 arce farm in Mississippi to supply medical marijuana
to it's own programs, and research facilities.
7- Defendant is also aware of recent Federal & International studies that 100% dispute the State of New Jersey's claim that marijuana has no medical valueas per it's indictment A. - Such as the
March 1997 release of the IOM - Instute of Medicine report
B. - MARIHUANA
AS MEDICINE: Health Council of the Netherlands, Standing
C. - MEDICAL MARIJUANA:
Report of the Council on Sceintific Affairs. 1997
D. - THERAPEUTIC
USES OF CANNABIS: British Medical Association. 1997
E. - CANNABIS:
a health perspective and research agenda:
F. - MEDICAL UTILITY
OF MARIJUANA: National Institute of Health report.1997
C. The Burden Is On The Government To Refute
Defendant's Claim That His Activity Falls Within The Grandfather Exemption
1-In Rutherford, the court noted, then emphasized
that it is the government's obligation to refute a valid claim that a drug
falls within the grandfather exemption. 542 F.2d at 1143 ("FDA would have
to present substantial evidence to support the proposition that Laetrile
is not grandfathered by the exemptions"). Moreover, once the FDA issues
its determination, that ruling is then "reviewable by a district court."
Ibid (citing Weinberger v. Hynson, Wescott & Dunning, Inc., 412 U.S.
609 (1973) To date, defendant Edward "njweedman" Forchion is unaware of
any administrative (or court reviewed) finding refuting defendant's claim
"medical marijuana" is a legal pre-1938 grandfathered drug.(1)
Nor is defendant required to exhaust any
conceivable administrative remedy that may be required to adjudicate the
"grandfather" exemption. United States v. Kiffer, 477 F.2d. 349, 352 (2nd
Cir.1973) ("even assuming the existence of a viable administrative remedy,
application of the exhaustion doctrine to criminal cases is generally not
favored because of the 'the severe burden' it imposes on defendants.")
(quoting McKart v. United States,395 U.S. 185, 187 (1969).
2-It is anticipated that the State of New Jersey will claim the medical use of marijuana was repealed or otherwise un-grandfathered when Congress enacted the Controlled Substances Act and placed marijuana into Schedule I. See 21 U.S.C. §812(I)(c). As will now be shown, the pre-1938 recognition of marijuana as medicine and its acceptance as a grandfathered drug has never been repealed or removed from its grandfather status. 3-First, as explained in 57 Fed.Reg. 10499, "[t]here is nothing in the Controlled Substances Act, its legislative history, or its purpose that would indicate Congress intended to depart radically from existing Federal law" regarding the identification and use of drugs. Id. at 10503. Rather, the CSA must read in conjunction with the FDCA and "viewed in light of the prior legal status of these drugs under the FDCA." Id at 10504. 4-When the CSA is examined in conjunction with the FDCA and "viewed in light of the prior legal status of these drugs under the FDCA," it becomes evident that Congress continued to recognize the validity of drugs, including "medical marijuana," qualified under the FDCA's grandfather clause. As set forth in 21 U.S.C. §812, Schedule I substances are defined as follows: 100% Illegal "Unless specifically excepted ..., any material,
compound, mixture, or preparation, which contains any quantity of the following
... (10) Marihuana."
5-The "unless specifically excepted" clause must
be read to refer to 21 U.S.C. §321(p) where Congress "specifically
excepted" and accepted as medicine those drugs marketed prior to 1938 which
qualified for the grandfather clause exemption. See 57 Fed.Reg. at 10504
("Congress put pre-1938-grandfathered drugs into Schedules II, III, IV
and V of the CSA."). If Congress had intended to repeal marijuana's pre-1938-grandfather
recognition under §321(p), it would have made clear its intent to
repeal medical marijuana's exempt status. Tennessee Valley Authority v.
Hill, 437 U.S. 153, 189-90 (1978) (collecting cases) ("intention of the
legislature to repeal must be clear and manifest").
6-Next, in Rutherford v. United States, 542 F.2d 1137, the court discussed the possibility that the drug Laetrile may qualify for the grandfather exemption but could also be un-grandfathered if the FDA found that Laetrile was "dangerous to health." Id. at 1142 n4. To date, neither Congress, the FDA, nor the DEA, have declared medical marijuana "dangerous to health." In fact, marijuana is listed in a widely recognized source as "generally recognized as safe."(2,3) §Thus, unless the government can prove otherwise, defendant's alledged possesion of "medical marijuana" is a statutorily recognized activity in accordance with 21 U.S.C. 321(p)Accordingly, defendant's alledged conduct does not constitute an offense within the meaning of 21 U.S.C. §841(a)(1):, or NJ Statue 2c:35_____. Because "Medical marijuana" is not a Schedule I substance; "medical marijuana" is a bona fide pre-1938-grandfathered medicine subject to FDCA regulation. 21 U.S.C. §301 et. seq. (D) - If marijuana has no-medicimal value as the State of New Jersey Alledge's why does the federal goverment distribute marijuana to individuals under the 1978 Compassionate use Act. - 1-Currently as I the defendant write this there are individuals who use marijuana as a medicine and the use is condoned by the federal government while individuals like myself who also use marijuana medicimally are arrested and charged with conspiracy, possesion under so-called laws which refuse to acknowledge that marijuana has medicinmial value. As this new law I'm charged with does. (E) - If Marijuana has no medicimal value why does the federal government license corporation's to produce synthetic versions of marijuana which they market as marinol, THC pills, etc., etc., synthetic Marijuana. 1-It is plainly obvious that marijuana has medicimal value, that the State of New Jersey knows it,,4 but for political reasons refuse's to amend current state law to reflect that. This political decision to not tell the truth about marijuana has effectively placed me in the position I'm in now fighting for my life based on a NEW law which is a outright obvious lie. The law say's marijuana is a schedule 1 drug having no medicimal value and the possesion or use of it is 100% illegal.- This is BULLSHIT! (F) - The Marijuana laws are institutionalize racism: 1- using government sactioned lie's to fool many in the public into beleiving the governments justification for imprisoning citizens was in the best interest, and safety of the people, while in fact it is little more than a means to supply the NEW WORLD ORDER's slave trade, or punishment for knowing the truth. 2- The marijuana laws are Bills of Attainer's
in violation of :
(G) - Prosecution of a citizen for practicing and following his belief's are a violation of the US and NJ constitution's. 1- A person who is attemping to acquire
his religious sacrament should not be
2- A person who follows biblicial reference's
to the herb are being unjustly prosecuted for their religious veiws and
belief's. The herb is good say's the Bible 5.
(H) - SAFETY - The NJ Constitution Article 1(1) gives every citizen the right to safety. 1-All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness. 2- Marijuana is one of the safest theraputic drugs known to man - DEA ADMINISTRATIVE JUDGE FRANCIS YOUNG. 1989 3. - Over 100,000 citizens die of "legal drugs"
every year in this country. Zero have ever died of marijuana, ever, anywhere.
Citizens who know the truth about marijuana's medicimal value and freely
choose to use it for their medical needs, are protected by NJ ARTICLE 1(1)
- The Safety Clause. -Medical Marijuana is Safe.
(I) - To compell the state of New Jersey to release all documents and research done that would help defendant prove that marijuana isn't a schedule 1 drug as the state alledge's with it's Oct 7th, 1998 indictment. 1- In 1983 The state of New Jersey passed the Medical Marijuana Research Bill (r) Sen. Basano. This Bill took several months and maybe years to reach the state assembly floor. The state must have records of how the Assembly came to believe marijuana had some medicimal value for it to take the step of passing a Bill which clearly recognized Marijuana's Medicimal Value in face of laws which also stated marijuana had no medicimal value. (J) - Look at the facts your honor: 1- the marijuana laws are based on racism,
lie's and religious persecution. Why is it apparently legal to discriminate
against person's of color by outlawing their religions, their belief's,
and their medicine's.
3- These facts should be told to the jury, the
State should not be allowed to openly lie to the jury, while I'm sworn
to tell the truth. The truth is marijuana is a legally grandfathered "OLD
DRUG" - used for medical and spiritual use by people's of color. I am a
person of color and I follow a Religion that teaches the truth about marijuana.
I wish to present a Religious Defense. - US-vs- Bauer, 75 F.3d 1366
(9th Circ.-1996).
4 - I anticipate that the state of
New Jersey will object to every attemp I make to present the "truth about
medical marijuana", to the jury. On May 24, 1999 before Judge Freeman,
Mr. Wynne the asst State Prosecutor (who is persecuting by prosecuting
me for knowing the truth, publicly speaking the truth and acting on the
truth), stated he would object to every attempt I make to introduce Jury
Nullification. Yes, I intend to tell the truth about marijuana and
ask the Jury to Judge the justness, fairness, accucay, truthfulness, of
this law I'm alledged to have violated. The law inaccuracedly describes
marijuana as a schedule 1 drug and fails to accomadate my religious veiws.
- If the Jury is empowered to Judge the law as well as the evidence as
- the 1972 D.C. Circuit Court of Appeals ruled in 473 F. 2d 1113 , the
Jury may decide to follow their conceince as is also constitutionally permitted,
even as stated by Asst State Prosecutor John T. Wynne May 24th, 1999.
JAH BLESS
_____________________________________
--- FOOTNOTES ---
1- Nor is defendant required to exhaust any conceivable
administrative remedy that may be required to adjudicate the "grandfather"
exemption. United States v. Kiffer, 477 F.2d. 349, 352 (2nd Cir.1973) ("even
assuming the existence of a viable administrative remedy, application of
the exhaustion doctrine to criminal cases is generally not favored because
of the 'the severe burden' it imposes on defendants.") (quoting McKart
v. United States,395 U.S. 185, 187 (1969).
2.-Duke, James A: "Handbook of Phytochemical Constituents of GRAS Herbs and other Economic Plants" (1992) at p. 128. 3.- The 1999, Institute of Medicine Report Titled "Marijuana as Medicine" - In 1996 after Arizona, and California citizens voted in the legalization of medical marijuana. Drug Czar Gen. MCcaffery called "medical marijuana" Cheech and Chong medicine, and commissioned this study to prove it. - Again as in the Shaffer Commision report, he got the truth, the IOM report now is in the process of being buried. 4.- The 1972, Shaffer Commission, named after
former Penn. Governor William Shaffer who headed the study. The study challenged
the Scheduling of marijuana as a schedule 1 drug, and the appropiateness
of prosecuting individuals for using this relatively safe substance. -
(President Nixon- after reading the truthful report buried it, and refused
to follow the shaffer commission's recommendations. Many believe in anger
at the anti-war movement who he despised.
5. - The BIBLE - the old testimate, not the part written by European's. RASTAFARIAN - Is a recognized religion. It is
a religion which first took root in Jamaica, it is based on a combination
of Old testimate ideology and East African, philsophy. Most follower's
are Black. During the 1920's with the rise of Jamiacian Nationalist and
American Black leader *Marcus Garvey it gained adherents in the United
State's. See - Mircea Eliade, Encyclopedia of Religion pages 96-97 (1989).
It is one of the 1,558 religious groups sufficiently stable and distinctive
to be identified as one of the existing religions in this counrty. Standard
descriptions of the religion emphasize the use of marijuana in cultic ceremonies
designed to bring the believer closer to the divinity and to enhance unity
among believers. Functionally, marijuana-- known as ganja in the language
of the religion -- operates as asacrament with the power to raise the partakers
above the mundane and to enhance their spiritual unity. It is a UN and
US recognized Religion.
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