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Federal Judge Upholds Schedule 1 Classification Of Cannabis
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A federal judge today denied a motion challenging the constitutionality of cannabis’ classification as a Schedule I prohibited substance without any accepted medical utility.
Judge Kimberly J. Mueller of the Federal District Court in Sacramento, California issued her oral ruling during a 15-minute court hearing today. Judge Mueller heard closing arguments in the case in early February but had postponed her decision on several occasions. Her written opinion is not yet available but is expected to be posted publicly by week’s end.
“At some point in time, a court may decide this status to be unconstitutional,” Judge Mueller said from the bench. “But this is not the court and not the time.”
Defense counsel intends to appeal the ruling.
In October, defense counsel and experts presented evidence over a five-day period arguing that the scientific literature is not supportive of the plant’s present categorization. Lawyers for the federal government countered that it is rational for the government to maintain the plant’s prohibitive status as long as there remains any dispute among experts in regard to its safety and efficacy. Defense counsel — attorneys Zenia Gilg and Heather Burke of the NORML Legal Committee — further contended that the federal law prohibiting Justice Department officials from interfering with the facilitation of the regulated distribution of cannabis in over 20 US states can not be reconciled with the government’s continued insistence that the plant is deserving of its Schedule I status under federal law.
Paul Armentano, NORML’s deputy director who served as the principal investigator for defense counsel in this case said: “We applaud Judge Mueller for having the courage to hear this issue and provide it the careful consideration it deserves. While we are disappointed with this ruling, it changes little. We always felt this had to ultimately be decided by the Ninth Circuit and we have an unprecedented record for the court to consider.
“In the interim, it is our hope that lawmakers move expeditiously to change public policy. Presently, bipartisan legislation is before the House and Senate to recognize cannabis’ therapeutic utility and to reschedule it accordingly and we encourage members of Congress to move forward expeditiously to enact this measure.”
In a brief filed with the court by the federal government, it contended: “Congress’ decision to treat marijuana as a controlled substance was and remains well within the broad range of permissible legislative choices. Defendants appear to argue that Congress was wrong or incorrectly weighed the evidence. Although they failed to prove even that much, it would be insufficient. Rational basis review does not permit the Court’s to ‘second guess’ Congress’ conclusions, but only to enjoin decisions that are totally irrational or without an ‘imaginable’ basis.”
Source: http://truthisscary.com/2015/04/federal-judge-upholds-schedule-1-classification-of-cannabis/
In the event you are busted by anyone who alleges authority and jurisdiction over you, especially a judge. A few questions need to be answered prior to any kind of persecution and yes I mean persecution!!
Question to the Judge, am I considered innocent of all elements of any and all charges? YES
Question to the judge, Since jurisdiction is an integral element of the charge, have you already found me guilty of jurisdiction??
The BIG SECRET IS THIS; they don’t really have jurisdiction over you! there is absolutely zero evidence that proves their jurisdiction over you, it has never existed and it never will exist!
Why does everyone blindly accept that the governments laws, codes, statutes, edicts, rules and regulations apply to the private person without EVER questioning it?? Obviously there are going to be some idiots whose opinions are in lock step with government employees, their indoctrination to blind obedience is unshakable.. BUT CAN ANYONE ACTUALLY PROVE THEIR LAWS APPLY TO THE PRIVATE PERSON?? Can you??
IF you ask government employees if their CONstitution and laws automatically apply to everyone just because of their physical location within what we commonly refer to as a state, their collective opinion is that YES, their CONstitution and laws apply to everyone, automatically. BUT if you ask them what facts they rely on that PROVE their BELIEF that it is applicable to you, they have no plausible answer, they’ll hang up on you, feign as though they don’t understand the question, tell you that they aren’t going to debate with you “EVEN THOUGH ALL YOU DID WAS ASK FOR FACTUAL PROOF OF THEIR ASSERTION OF JURISDICTION” They’ll tell you that it’s common knowledge that it applies, they’ll even tell you to prove it doesn’t apply to you, this is an attempt to avoid answering your question!!, but they’ll continue to refuse to answer as to what facts they rely on to prove any of it applies to you, BECAUSE THEY DON’T HAVE ANY FACTS THAT SUPPORT THEIR BELIEF BECAUSE IT NEVER EXISTED!.. remember, they already told you it applies, it is their responsibility to prove it applies because they are the ones attempting to bring a charge against you, so the onus to prove it applies is theirs,.. It is not up to you to disprove anything applies!!!
Everyone has been told that the CONstitution and law automatically apply to everyone. it’s everyone’s opinion that it applies, everyone feels it applies, everyone believes it applies, everyone assumes and presumes it applies. HOWEVER; hearsay, opinions, feelings, beliefs, assumptions, presumptions and or so called common knowledge aren’t proof of a damn thing.
What factual, first hand, irrefutable evidence can anyone offer that proves that their CONstitution and laws apply to the private person simply because they are physically in what we commonly refer to geographically as a state.
Keeping in mind that slavery and involuntary servitude is illegal “per their own laws”. Further, no private person is a party to their CONstitution, nor is any private person a signatory to their CONstitution, nor has any private person sworn an oath to be bound by or to obey the CONstitution and laws.
Do you grasp the gravity of NOT being a party to some agreement, contract, compact or constitution??
When one is NOT a party to some agreement, contract, compact or CONstitution, then one is NOT BOUND TO OBEY IT OR ANY PROMULGATIONS ARISING FROM SAID INSTRUMENT! “those promulgations would be codes, policies, statutes and laws etc”
Who precisely is a party to their CONstitution?? The States are parties to the CONstitution. NOT YOU, THE LIVING BREATHING FLESH AND BLOOD MAN/WOMAN!!
Should you choose to accept the challenge to show your proof/evidence. You shall adhere to the following;
Your proof/evidence MUST be factual and personal first hand information, your proof/evidence shall not be comprised of hearsay, your opinions, someone else’s opinions, your beliefs, someone else’s beliefs, your feelings, someone else’s feelings, assumptions, presumptions, hypotheticals, conjecture, sophistry, fraud, lies, scenarios or what if’s.
Further; You shall not invoke laws, statutes, codes, etc, or their CONstitutions or any amendments to their CONstitutions, as that presupposes that it is applicable, when that is what is in question in the first place!
And since you won’t be able to show any factual, firsthand, irrefutable evidence at all, I included the following!!
the maxim applies: quod non apparet non est. The fact not appearing is presumed not to exist.
Judge Kimberly J. Mueller, wasn’t her dad the head of the DEA, James Mueller ?
Any way she’s bought and paid for.