norml21 - Page 89
Page 89
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irrelevant. If it can do little or no harm regardless of what he
does with its of what moment is it that the defendant may
allegedly have been possessed with an intent to distribute it or
conspired with others to do so?
Defendant does not dispute that the commercial use or
distribution of marijuana can validly be regulated by civil
economic means_ Under the Commerce Clause_ it could be taxed, or
required to be sold in specific outlets or forms, and under state
inspection, as is done with alcohol or tobacco° What defendant
disputes is the improper and unconstitutional use of the police
power to infringe upon his rights to possess it regardless o£
intent, absent a showing by the Government of a compelling
interest justifying the imposition of criminal sanctions to
compel him to not possess ito
It has been established through scientific research that
marijuana is a relatively harmless substance, certainly less
harmful than alcohol or tobacco, two substances, drugs if you
will, that are regulated solely by economic means° The alleged
activities of the defendant caused harm to no one° By his
alleged possession with intent to distribute marijuanar he was
not forcing this drug upon persons unwilling to accept it or
visiting physical or psychological damage upon other persons
unwillingly° Indeed, his alleged behavior, if it affected
anyone, affected only himself°
89
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