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 protected nor prohibited by any express provision of the
 (2) That 21U.SoCo §841 affects the behavior of competent
 (3) That 21 U.SoCo @841 limits the ability of the
 individual citizen to shape his or her conscience or plan his or
 her lifestyle_
 (4) That the simple possession of marijuana by the
 defendant (regardless of intent) does or does not affect persons
 other than the defendant°
 (5) What exact harm is occasioned upon the state and
 society by the defendant's behavior in allegedly possessing
 marijuana with intent to distribute ito
 (6) That the standard to be required of the Government in
 justifying the criminalization of the possession, use and
 distribution of marijuana is either (I) the Compelling State
 Interest Test or (2) the Rational Basis Test°
 (7) That, under either of the tests stated above, the
 government must establish by empirical evidence that the
 possession of marijuana with intent to distribute by the
 defendant constitutes a specific manifest public safety danger
 before it can exercise the police power of the state to prohibit
 its possession, use and distribution.
 (8) That all of the facts regarding the relative

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