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 Clear that the Right to Possess Marijuana, Regardless
 of One's Intent, is an Individual Liberty Not Affecting
 the Rights of Others Nor Doing }{arm to Other Persons,
 and That Therefore the Presumption of Constitutionality
 of 21 UoSoCo §841(a)(i) Must Fall and the Burden Shifts
 to the Government to Justify the Infringement of That
 Right by a Corapelling State Interest°
 Utilizing the analytical steps to apply the Mill's standard
 contained in Section IV A, supra, it should be clear that the
 right to possess marijuana regardless of intent is neither
 protected by any provision of the Constitution nor prohibited by
 it. Of courser the interstate transportation and sale of the
 drug could properly be regulated in economic and commercial ways
 under Article I, Section 8 of the United States Constitutionl as
 can any other substance or activity which affects interstate
 commerce. However, the Commerce Clause cannot logically be
 construed to prohibit the mere possession with intent to
 distribute marijuana outright° Consequently, possession with
 intent to distribute may be an activity which lies within the
 ambit of the Ninth Amendment as a right retained by the people.
 Proceeding further in this anaiysisr it also becomes clear
 that possession with intent to distribute such a relatively
 harmless substance as marijuana neither infringes upon anyone
 else's constitutionally protected rights, nor endangers the
 evident good of the con_unity. An activity such as possession
 which affects no one beyond the person or persons doing the
 possessing can hardly be said to infringe on another person_s

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