norml21 - Page 87
Page 87
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Secondlyf 21 UoS_C° §841(a) (i) clearly limits the ability of
an individual to shape his or her conscience or plan his or her
lifestyle. If a person wishes to possess_ use and distribute a
drug which has an effect only upon himself or herself or only
upon those who freely and voluntarily choose to join in that
conduct without complaint, a criminal statute prohibiting that
behavior clearly limits their ability to so plan their lifestyle.
If a person wishes to develop a lifestyle centered around the use
of drugs, and enters into that lifestyle freely and without being
physically forced or coerced by someone elser it may be grounds,
as Mill said, for "remonstrating with him, or reasoning with him,
or persuading him, or entreating him _ to do otherwise in order to
make him happier_ or wiser, but it is not grounds for compelling
him under the pain of criminal sanctions and loss of liberty to
adopt a different lifestyle° The very idea is abhorrent to the
most fundamental concepts of liberty and freedom upon which this
nation was founded.
The final_ and perhaps most important issue in determining
whether possession with intent to distribute marijuana endangers
the evident good of the co_maunity is whether such behavior
affects or harms persons other than the ac=or or actors involved_
The only ways in which the possession with whatever intent one
has of a harmless substance such as marijuana affects other
persons is in economic and commercial ways_ which are more
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