norml21 - Page 92
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criminalization of the possession, use, and disZribution of
marijuana bears a rational relationship to some perceived social
policy regarding the use of drugs by the citizens of the United
States. Howeverr defendant contends that if the people retain
the sovereignty in this country_ except for those portions of it
expressly granted to the government under the Constitution, and
all the facts about marijuana are not yet known, then any doubt
about the issue must be resolved in favor of the rights of the
citizens and not in favor of the power of the government, which
has not been expressly granted such power.
Defendant further contends that under the Ninth and Tenth
Amendments -- as under the first eight -- the test for
determining whether the government can infringe upon a right
granted to the citizens of the United States is whether the
Government can show a compelling state interest in proscribing
and criminalizing the possessions use and distribution of
marijuana°
WHEREFORE, in ruling upon the merits of this Motion_
defendant requests_ pursuant to Rule 12(e) of the Federal Rules
of Criminal Procedures, that the Court make the following
specific findings of fact and conclusions of law:
(i) That the asserted right of the people to possess a
substance having relatively harmless or undetermined harmful
effects on the userf other persons, or society is neither
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