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The process of Judicial Notice!

5/14/2011

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     Judicial Notice: It’s going to be a far larger part of cannabis legalization than jury nullification, seriously!
     What can Judicial Notice do for you? Get evidence admitted into the record, that’s what, and if you’re on trial for the facts behind your crime, it’s best to get the facts on your side. Judicial Notice will do just this in the cannabis movement.
     Judicial Notice is the boring kind of goodness that wins.
     First, medical marijuana cannot be disputed. The health effects of cannabis have been measured by western medical science for over 170 years. Not many facts to write home about have been found for pot’s harmful effects on human health. The opposite is true; facts about marijuana’s benefits to health are so fantastic people “should” know about them. And many people are trying to get others to know about the real facts on pot!
     Judicial notice admits into evidence facts so notoriously known that to dispute them is to believe in a geo-centric universe. To put another way, it’s just plain silly. So if the particular facts of a case show that to fail to take your cannabis would lead to harm or death, explain to them why. When they say what about the children, remind the judge that fewer of them would die from binge drinking or tobacco. There’s no debate on the harm here.
     While harmful effects of cannabis evade medical science, a whole host of wonderful success stories and empirical evidence keep the pressure up when it comes to this criminal law. How can it be a crime to take medicine that will allow you to function if that medicine is safe, cheap and natural?  How is something used to protect your health a crime?
     This gavel belongs to a judge who prefers a thin handle so it breaks when he really bangs it.
     Humans have lived long and fruitful lives while habitually smoking marijuana. Shouldn’t that NOT happen if you can go to prison for life for growing the stuff?  To be healthy you have to break the law designed to keep you healthy.  It’s absurd. Due process won’t allow it. 
     The current federal law banning pot relies upon the “ongoing debate” surrounding the harmful effects of the “herb.”  The only way to believe such bullshit is to have absolutely no personal knowledge of the plant; having no personal knowledge of the facts means that the sole basis for the law is a prejudice. Law does not require that facts form the basis for it. Laws can be made on pure speculation. However, once the facts are known, the speculative belief can no longer be relied upon.
     Judicial Notice prevents a court from turning a blind eye to facts.  By admitting facts into evidence regarding the actual harm cannabis poses to human health, the “ongoing debate” over the harm of cannabis won’t be able to support the rational basis review required of its constitutional challenge.
     Build a huge record of facts. The debate is over. It never happened. The debate began with prejudice and derailed 100 years of medical science. The government silenced all factual dissent when it came to its official position on cannabis. The result of this has been a broad revocation of a citizen’s right to be free from bodily restraint by the government for trumped up facts, and it continues now.

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