norml21 - Page 93
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protected nor prohibited by any express provision of the
Constitution°
(2) That 21U.SoCo §841 affects the behavior of competent
adults.
(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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