norml21 - Page 88

 properly subject to economic regulations_ such as taxation,
 import duties, and the like, but not criminal sanctions°
 Furthermore_ whether the right to possess marijuana with
 whatever intent -- distribution_ personal use, or otherwise -- is
 a fundamental right or not is not the issue. The Ninth Amendment
 does not protect onl_ '_fundamental '_ rights° It protects all
 rights not enumerated in the Constitutionr fundamental or not°
 The converging interests and rights affected by 21 U.SoCo
 _841(a) (i), justify the application of the very least which the
 Ninth Amendment provides -- the use of analogical reasoning to
 permit the intent and mandate of the Bill of Rights to apply to
 novel situations. The Government may assert that there is no
 right of privacy to possess marijuana for a commercial purpose°
 The defendant does not base his argument on the right of privacy
 for such a purpose° Were this a simple possession and use case,
 the right of privacy [already established as a Ninth Amendment
 right, Griswold Vo Connecticut_ 31 U.S. 479_ 85 So Ct. 1678r 14
 L. Ed.2d 510 (1965)] would clearly be an appropriate vehicle.
 However, defendant asserts a broader right -- the right to
 possess a relatively harmless substance (in private or otherwise)
 regardless of any subjective intent as to what he plans to do
 with the substance.
 If the substance is as harmless as the medical evidence has
 shown marijuana to be, the defendant's intent in possessing it is
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