Controlled Substances Act may be unconstitutional

As an attorney, I am always disappointed that the courts in this country – both at the state and federal level – have refused to get involved in the efforts to end marijuana prohibition and end the practice of treating responsible marijuana smokers as criminals. But that is the reality.

While the courts in this country have played a leading role in ending racial discrimination, in guaranteeing women the right to obtain a legal abortion, in protecting the rights of the LGBT community, and in many other areas involving the protection of personal freedom, they have consistently rejected attempts to declare state and federal anti-marijuana laws as unconstitutional.

But that does not mean that we should give up the fight in the courts, and rely only on voter initiatives and elected officials to fix this problem. As long as there are new legal arguments to be made, and fresh and hopefully more convincing facts to be argued, we must continue to engage the courts in this struggle for personal freedom.

Washington, et.al v. Sessions, et.al

One such legal challenge, Washington, et.al v. Sessions, et.al, was recently filed in US District Court in the Southern District of New York by lead attorney Michael Hiller, with NORML Legal Committee (NLC) attorneys David Holland and Joseph Bondy serving as co-counsel. The full complaint can be found here.

Individual plaintiffs in the suit were two young children, an American military veteran, and a retired professional football player, all of whom are medical marijuana patients; and a membership organization alleging their minority members have been discriminated against by the federal Controlled Substances Act.

Seeking to overturn the 2005 Supreme Court decision in Gonzales v. Raich, plaintiffs request a declaration that the CSA, as it pertains to the classification of Cannabis as a Schedule I drug, is unconstitutional, because it violates the Due Process Clause of the Fifth Amendment, an assortment of protections guaranteed by the First Amendment, and the fundamental Right to Travel. Further, plaintiffs seek a declaration that Congress, in enacting the CSA as it pertains to marijuana, violated the Commerce Clause, extending the breadth of legislative power well beyond the scope contemplated by Article I of the Constitution.

Named as defendants in the case are Attorney General Jeff Beauregard Sessions, Acting Administrator of the DEA Chuck Rosenberg, the Justice Department, the DEA and the Federal Government.

In their Complaint, plaintiffs allege that the federal government does not, and could not possibly, believe that Cannabis meets the definition of a Schedule I drug, which is reserved for the most dangerous of substances, such as heroin, LSD, and mescaline; and that classifying Cannabis as a “Schedule I drug,” is so irrational that it violates the U.S. Constitution.

Among the other claims in the lawsuit are that the CSA: (i) was enacted and implemented in order to discriminate against African Americans and to suppress people’s First Amendment rights; and (ii) violates plaintiffs’ constitutional Right to Travel.

Joseph Bondy, a federal criminal defense attorney and legalization advocate, explained he felt it was important to “question the agenda of those who continue to push for enforcement of the CSA, given its unlawful and discriminatory impact and that so few in America support such an effort.” Co-counsel David Holland, a litigator and Executive Director of Empire State NORML, noted that “the efforts to criminalize Cannabis are relatively recent and were largely underwritten by racial and ethnic animus,” referring to recent findings that African Americans and other persons of color are four times as likely to be arrested under the CSA than white Americans, even though marijuana is used equally by people of color and Caucasians.

Perhaps the federal courts will surprise us at long last and finally take a critical look at marijuana prohibition, and find the courage to declare the CSA to be unconstitutional. That would be an enormous step forward in ending marijuana prohibition altogether. But regardless of the outcome of this particular suit, it is encouraging to see the criminal defense bar continue to push the legal envelope, and to advance the best and latest legal and factual arguments. At some point, the courts will have no choice but to strike downC1_8734_r_x prohibition as a violation of our personal

Source

End Civil Asset Forfeiture laws

From Freedom Works:

Recently it was reported that a Christian band, orphanage, and church had $53,000 taken from them by the Oklahoma state government. The government did it by using an unconstitutional program known as civil asset forfeiture. This is where the government can take your property without even charging you with a crime. Civil asset forfeiture is unconstitutional, it violates your property rights, and it has got to end. Sign our petition to urge Congress to end civil asset forfeiture right now.

As long as this unconstitutional scheme is allowed to exist, everyone’s property is at risk of being taken by the government. Just think, if a church’s property was taken by the government, how safe is your property? Ray, stand up for your property rights! Tell Congress to stand up for your property rights by signing our petition today.

For Freedom,

The IRS is forcing Campaign For Liberty to turn over their donor list

From Campaign For Liberty:

The battle to finally audit and EXPOSE the Federal Reserve is heating up even as I write you . . .

But I have a BIG problem.

And considering the player involved - the Internal Revenue Service (IRS) - I’m afraid it’s a problem big enough to bring down virtually ALL of Campaign for Liberty’s most critical programs if I don’t make the right decision.

And time is running out.

That’s why I must hear from you IMMEDIATELY.

You see, not long ago, Campaign for Liberty staff submitted our annual 990 filings to the Internal Revenue Service (IRS).

I REFUSED to comply with the IRS’s unconstitutional demands for confidential information on any of Campaign for Liberty’s donors.

The last time we did this, the IRS’s response was to hit Campaign for Liberty with a massive fine (with interest increasing daily) that could have forced us to shut our doors.

But thanks to the support of patriots like you from all over the country, I stood up to them and REFUSED to hand over sensitive Campaign for Liberty contributor information.

After many months of legal wrangling, the IRS finally abated those fines.

But the fight was expensive.

Worse, without your action today, I’m afraid our victory may prove to be short-lived.

You see, the IRS REFUSED to admit in writing they were in the wrong - no doubt waiting for their next opportunity to strike.

Now, as a “repeat offender” – and with the fight over Audit the Fed coming to a head in Washington, D.C. - I’m worried about what you and I could face in the next few weeks.

The IRS just may be the best weapon the statists have to stop you and me.

And, after last year, they’ve proven they’re willing to use it.

So if I don’t come up with a plan FAST, I’m afraid Campaign for Liberty could be looking at an outright DISASTER.

That’s why it’s so critical I hear from you IMMEDIATELY.

As you’ll see, I’ve included a special Campaign for Liberty Supporter Survey I need you to fill out right away.

There's only three choices on the form - the three choices I’m faced with today.

But before you make a decision, please let me explain everything that’s at stake . . .

As I’ve told you before, as a 501(c)(4) organization under IRS law, all Campaign for Liberty contributor information is supposed to be confidential.

This is a critical protection I wholeheartedly support.

Privacy and liberty go hand in hand.

In fact, when Thomas Paine published his pamphlet Common Sense in 1776, he did so anonymously.

Forcing organizations such as Campaign for Liberty to publicize donor information would have an incredibly chilling effect on political free speech.

Many liberty-loving Americans would silence themselves for fear of becoming targets of political “retribution.”

And after the Obama IRS was caught red-handed targeting pro-limited government groups for harassment and intimidation over the past few years, these fears could not be more well-founded.

Just last year, the IRS was required to pay $50,000 in a settlement to the National Organization for Marriage after confidential information about that group’s donors was leaked to the organization’s political enemies.

Campaign for Liberty was already targeted last spring.

What do I do if the IRS comes after us again?

As it stands today, another fight with the IRS this spring could cripple Campaign for Liberty.

It could force us to shut down ALL of our critical programs, such as our fights to protect innocent Americans from government spying and stop a government takeover of the Internet – and especially our battle to Audit the Fed.

I can’t explain what a DISASTER that would be.

You and I are so close to EXPOSING the banksters – something I’ve been fighting to do for forty years.

I’m convinced that auditing the Fed will finally show the American people the Federal Reserve System leads to:

*** Ever-expanding Big Government boondoggles like “ObamaCare.”

Now that politicians have figured out the Fed will just print money out of thin air to pay the bills if taxing and borrowing can’t make ends meet, the floodgates are wide open for even more of the statists' utopian plans;

*** Constant economic crises.

The recent housing crisis, with its resulting chaos, is just one example of an economic bubble created by centrally planned interest rates and money manipulation;

*** The destruction of the middle class.

As costs for key goods soar, those who are NOT on the government dole are forced to make do with less as the value of their money sinks;

*** Currency destruction.

History shows us that riots, violence, and full-scale police states can result when people finally realize their money isn’t worth the paper it’s printed on and REFUSE to accept it.

But the statists know all this, too.

That’s why I’m concerned the IRS will come breathing down Campaign for Liberty’s neck once again.

And that's why I must hear from you right away!

I have no doubt that if the IRS’s ridiculous demands made it to court, Campaign for Liberty would win, hands down.

But I’m afraid that’s not what such a battle would be about.

Campaign for Liberty is run on a shoestring budget. We don’t have millions sitting in the bank.

Such a fight would be about draining us . . .

. . . about forcing me to take resources off of other critical programs just to keep our doors open.

So if the IRS demands our confidential donor information again, hitting us with outrageous fines, should I:

1) Just hand over confidential information on Campaign for Liberty’s top donors?

Truthfully, I’d rather hold a dinner party for Rudy Giuliani, John McCain, and Lindsey Graham than hand over any of Campaign for Liberty’s donor information!

But I’m afraid this is the ONLY way I could avoid both increasing fines and/or expensive legal fees that could force C4L to shut down critical legislative programs such as Audit the Fed.

2) Drop Audit the Fed and focus on fighting the IRS?

I can hardly even stomach the thought. I believe EXPOSING the Federal Reserve is absolutely critical to the survival of our Republic.

But I can’t go into a fight with the IRS without the proper resources. It’s just too dangerous!

3) Stand up to the IRS AND ramp up Campaign for Liberty’s legislative efforts?

Frankly, this will only be possible with an influx of funds.

With the fight over Audit the Fed heating up, and an IRS attack on C4L possible in a matter of weeks, I can’t afford to wait around.

I must be able to react on a moment’s notice.

Won’t you please fill out your Supporter Survey and tell me how to respond IMMEDIATELY?

I’m expecting to hear from the IRS in a matter of weeks.

Frankly, if the IRS comes after Campaign for Liberty again, it will be because they just don’t think we can stand up to them and keep our legislative programs running at full blast.

With your help, I want so badly to prove them WRONG!

But the decision is in your hands.

My staff will tally up the votes, and I will proceed as Campaign for Liberty’s generous members and supporters tell me to.

But if you tell me to fight back against the IRS and continue our fight to Audit the Fed, please realize this is serious.

Any potential legal fight is going to take money - money Campaign for Liberty does not have lying around.

So I must ask you to agree to an emergency gift of $30 .

I know that’s a lot. But this is the IRS we’re talking about. This is not a game.

I have to ask all Campaign for Liberty supporters to go above and beyond what they’ve done in the past.

But if $30 is just too much, won’t you please agree to $20 or at least $10 ?

This is not something I can just put off.

With Audit the Fed coming to a head, and a possible IRS attack looming, I need to hear from you right away.

I’m anxiously awaiting your response.

Please fill out your Campaign for Liberty Supporter Survey and agree to your most generous gift of $30 , $20 , or at least $10 TODAY.

For Liberty,

Ron Paul
Chairman

P.S. With the fight over Audit the Fed heating up, I’m bracing for another attack by the IRS on Campaign for Liberty.

The statists’ goal is to cripple Campaign for Liberty and perhaps even force us to shut our doors.

So I need you to tell me how I should respond to a new IRS threat using your Campaign for Liberty Supporter Survey.

And if you possibly can, please agree to your most generous gift of $30 , $20 , or at least $10 to help Campaign for Liberty fight back TODAY!