The war on drugs is a police state action not govern by the rule of law
We must live in a police state when the President is afraid to defend the civil liberty “of the people to be secure in their persons, houses, papers and effects from unreasonable searches and seizure” in a court of law. It is reasonable for the police to seize marijuana because it is illegal but is the law reasonable to use state police power to deprive persons their fundamental rights to life, liberty, and property for violating the marijuana laws?
Due process of law requires the deprivation of fundamental rights to be justified by a compelling state interest related to public safety demonstrating the law is reasonable as required by Amendment IV
The federal case law has determine the constitutionality of the marijuana laws by rational basis. Rational basis is used when no fundamental rights are implicated by the enforcement of the laws. As a defendant and plaintiff, the federal and state courts have misrepresented the facts presented by declaring marijuana is not a fundamental right hence rational basis review, a political question. a political crime.
We must live in a police state when the judiciary reviewed the constitutionality of criminal laws by rational basis. We must live in a police state when the courts, defenders of individual rights, deny seizing marijuana is deprivation of property, being arrested is deprivation of liberty.
Marijuana is property. The right to acquire and possess property is a fundamental right. The private use of this property does not pose a threat to public safety. To use police power to protect me from myself violates due process of law.
The right way to change the marijuana laws is by the courts. The marijuana laws are unreasonable use of police power contravening Amendment IV, V or XIX.
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