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 harmfulness or non-harmfulness of marijuana are or are not yet
 known.
 (9) That any uncertainty regarding :he relative harmfulness
 or non-harmfulness of marijuana does or does not authorize the
 government to exercise its police power to criminalize and
 prohibit the possession, use and distribution of marijuana_
 (I0) That all sovereignty and power over the right of the
 people to possess substances of known or undetermined harmfulness
 which are not expressiy prohibited by any provision of the
 Constitution does or does not rest with the government and not
 with the people°
 (ii) That the right of the people to be free from criminal
 prosecution for possessing (regardless of one's intent) a
 substance having relatively harmless or undetermined harmful
 effects on the user, other person or society, is or is not a
 right retained by the people under the Ninth and Tenth
 Amendments.
 Respectfully submitted,
 WILLIAM JOHN TROY, III
 By Counsel
 Counsel for the Accused:
 MOFFITT, ZWERL!NG & KEMLER_ PoC°
 Alexandria Gateway
 94




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