I do not wish to spend a lot of time arguing with you, but I did want to make sure you understand that the marijuana laws are subject to constitutional challenges all the time, by criminal defense attorneys who have no factual defense and have lost their motion to suppress the evidence, so it is the only option available.
Unfortunately, only Alaska has found the marijuana laws unconstitutional, based on the right to privacy. That was a decision back in 1977, and as you would expect, every state in the country has had similar challenges multiple times since then, and the theory has been rejected by the other 49 states.
So I am not saying that examining the constitutionality of the marijuana laws is not an appropriate step; rather I am simply saying that this has been tried and rejected in 49 of the 50 states, and if you wish to raise this challenge yet again in Idaho, you will likely have to hire an attorney to handle it. I would be shocked if any attorney would offer to do this pro bono, as it is unfortunately a theory that has already been rejected by your courts.
But I do wish you well and intended no insult when I rejected your offer to be the subject of a constitutional challenge. At NORML we simply do not have the resources to continue to raise the same losing legal argument time and again in the courts. We have to focus our limited resources on legislative efforts, and voter initiatives, where we have been making significant progress over the last few years.
We use the law to try to keep marijuana offenders out of jail, but we do not anticipate this is an avenue that will lead to legalization. We will have to do that the old fashioned way.
My best to you.
Keith Stroup, Esq.
NORML Legal Counsel
My Final Reply:
NORML was all over helping Marc Emery. I am the most acting activist I know in my area, if convicted that's going to make a significant effect on what I'm going to be able to do in my area do to the rules of probation here. Being as short on funds as I am I went out last night and passed out 194 fliers that had proven the drug laws invalid under US Code. You can view my petitions on Change.org or you can follow this link http://www.hemp4victory.com/take-action.html Support your strongest activists, or make way for them. I'm not trying to argue with you Keith; I'm simply trying to bring groups closer together. The closer we are, the more connected we are, and the more organized we are, the stronger we will be, and the louder our voices and actions will be seen and heard. I feel somewhat abandoned right now, and am almost willing to bet you haven't even bothered to look at my site. NORML made me a believer and is now letting me down. 1 win is worth 1000 losses, I know this and I'm willing to make the stand against our government. I'm willing to march on the steps of the White House peacefully...I've been ready to rally since 2004 at the age of 15. There’s strength in numbers Keith. I guarantee if a million American citizens got together, marched to the White House grounds, and waited out our country's leaders, that the war on the American people would be over in less than 2 weeks. Our contact back and forth will be posted to other advocacy groups that I feel will be more responsible for the final surge than NORML ever will be at this point. NORML left a mark that may be forgotten. People like me will leave a mark that will always be remembered.
Keith I'm off to plant my seed in an attempt to overgrow the government, however, when you come to the terms and understanding that more needs to be done than feel free to contact me. Until then I guess we'll watch many more recreational marijuana smokers, and medical marijuana patients have their lives destroyed by this corrupt system of ours.
Peace and Hope,