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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
 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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