norml21 - Page 77
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length and style of one's hair is necessarily
so fundamental as those substantive rights
already found implicit in the 'Vliberty"
assurance of due process, requiring a
compelling showing of the state ioefore it may
"liberty" seems to us an
be impaired° Yet,
incomplete p_Kotection if it encompasses onlz
the right to do with thosg_p_ersonal aspects
of our lives which have no direc, t bearing on
ability of others to enj_q/£ their libert_...We
think the founding fathers understood
themselves to have limited the government's
power to intrude into this sphere of personal
liberty, by reserving some powers to the
people.
424 Fo2d at 1284-85 (emphasis added).
VI. THE RIGHT TO POSSESS, REGARDLESS OF ONE'S INTENT, A
SUBSTANCE HAVING NO HARMFUL EFFECTS ON OTHER PERSONS, SUCH
AS MARIJUANA, IS A RIGHT RETAINED BY THE PEOPLE UNDER THE
NINTH _qD TENTH AMENDMENTSo I
A. The Latest Scientific Evidence Establishes
That Marijuana Is A Relatively Harmless Drug
Having No Detrimental Effects On Individual
Users Or Society
A number of major scientific studies and government reports
on marijuana and other drugs have been published establishing
that the effects of marijuana are relatively innocuous,
particularly when compared with the effects of other controlled
substances such as narcotics and barbiturates° These studies and
reports also confirm that marijuana presents no substantial
danger to public safety_ health or welfare The major findings
For additional support of this portion of the accused_s
motion, see Exhibits A-D of the Motion of William John Troy, III
to Dismiss on the Grounds that the Classification of Marijuana
Violates Due Process and Equal Protection of the Law.
77
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