norml21 - Page 90

 Consequently, a prima facie showing having been made that
 the possession with intent to distribute marijuana is an activity
 which does not interfere with the rights of others or to do harm
 to other persons_ the presumption of constitutionality of 21
 U.SoC. §841(a) (i) as it applies to marijuana must fall and the
 burden now shifts to the Government to prove that the
 infringement of this asserted Ninth Amendment right is justified
 by a compelling state interest.
 If the Government cannot show a compelling interest why the
 possession with intent to distribute marijuana must be
 prohibited, then the Ninth __tendment requires that the Court
 declare 21 U.SoC. §841(a) (I) as it applies to marijuana
 unconstitutional on its face, and as appiiedl as a denial and
 disparagement of a right retained by the people which Government
 has no authority under the Tenth Amendment to infringe.
 VII_ REQUIREMENT OF THE COURT TO MAKE SPECIFIC FINDINGS OF
 FACT AND CONCLUSIONS OF LAW ON THE CONSTITUTIONALITY OF
 21 UoS.C. §841 UNDER THE NINTH AND TENTH AMENDMENT°
 Once the defendant has established a prima facie showing
 that the right to possess marijuana regardless of intent may be a
 right protected by the Ninth and Tenth Amendments under the
 analysis set forth in section Vl_ iup_r_, and the burden shifts
 to the government to justify the infringement of that right by
 application of criminal sanctions, it become mandatory upon the
 9O