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Rev Erik's injunction

 
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Raja
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 30 Dec 2007
Posts: 16

PostPosted: Thu Feb 28, 2008 4:34 pm    Post subject: Rev Erik's injunction Reply with quote

For the last couple of days, I've been seeking and update on RevErik's injunction. I think this is important work. Does ANYONE ANYWHERE have ANY information on his progress? Not only would I appreciate it, I think it would be of huge benefit to us all.


RevErikM wrote:
I'm actually building a case at the moment for an injunction against the US govt. based on the Comprehensive Drug Abuse Prevention and COntrol Act of 1970 (21 USC 801) and I've found some really interesting things that should help me win. If I don't win, I also intend on presenting evidence to the court that the reasons for denying my religious freedom are political in nature, and this activates Article 14 of the United Nation's Universal Declaration of Human Rights, the right of asylum. I will find freedom for myself and my family one way or the other, but I can't just abandon the USA without at least presenting my case for the govt. to either openly discriminate against me or kowtow to my demands for liberty.

And, on to the hopefully useful information...

The Comprehensive Drug Abuse Prevention and Control Act of 1970 covers all the scheduled substances; regulations for registration to possess, produce, and distribute these same listed controlled substances; and it also covers punishments for infractions upon possession, production, and distribution without a proper registration from the Attorney General. Yes, that's correct, the Attorney General is responsible for issuing and regulating the issue of registration, not the DEA.

In the sections covering, registration, there is an exemption listed.

21 USC 822 (c)(3) states: An ultimate user who possesses such substance for a purpose specified in section 802(25) (FOOTNOTE 1) of this title. (The footnote explains how 802(25) was changed to 802(27)

21 USC 802 (27) states: The term ''ultimate user'' means a person who has lawfully obtained, and who possesses, a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household.

So what we have established here is that if you possess a controlled substance your own use, use of a household member, or for an animal owned by you or a member of your household, you do not have to register with the Attorney General, on the condition that you obtained the substance by lawful means. So, all we really need to establish at this point is that the substances were obtained by lawful means, in which case you are not guilty of a crime under the law.

How does one go about establishing that they obtained the substance lawfully? The burden of proof for most Schedule 1 substances will have to rest upon the person claiming they received it or produced it lawfully, because the govt. will of course state "producing and dispensing of this substance is unlawful, so it could not have been maintained by legal means." So what we have to do is essentially prove that it was produced in accordance with federal law, or prove that you are not receiving due process in regulation of production.

21 USC 822 (d) states: The Attorney General may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if he finds it consistent with the public health and safety.

According to this section of the law, the Attorney General is permitted to waive registration requirements on the condition that waiving registration requirements is consistent with continuing public health and safety. In other words, the Attorney General must either register you or waive your registration as long as your manner of manufacturing, distributing, or dispensing the controlled substances does not pose a threat to public health or safety. If your registration is denied, or is not waived, and you do not pose a threat to public health or safety, you are being discriminated against and being deprived of due process.

Now, back to the issue of obtaining by lawful means. If you can show that seeking registration from the Attorney General to produce seriously burdens your sincere religious exercise, and your religious necessity to produce or the means by which you produce these substances in accordance with your bona fide religious exercise does not pose a threat to public health or safety, then the govt. is required under the Religious Freedom Restoration Act of 1993 to use the least restrictive means possible of enforcing this law, which would be in this case the issue of a waiver from the Attorney General freeing you from the obligation of registering under 21 USC 801.

As you can see, lawful possession and production of these substances is provided for, especially in the case of religious freedom, and to deny this for political reasons opens the doorway for the persecuted to leave the United States and seek asylum from "Lady Liberty" abroad.

Hope this helps you a bit,

Erik McBride

_________________
"The universe cannot be asked to remove its mask if the person will not shed his. All the mystery religions, the Hermetic and alchemical and Christian included, hold the individual human as target by which to transmute the universe. By changing the person the world is changed." --- Philip K. Dick
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Raja
Cannabis Sacrament Minister
Cannabis Sacrament Minister


Joined: 30 Dec 2007
Posts: 16

PostPosted: Fri Feb 29, 2008 3:23 pm    Post subject: Reply with quote

Seriously??? Nobody's got nothing on this?

I know at least 26 of y'all have read this post; somebody must know something! Wink

Come on, guys. Help a brotha out.

Does anyone even know how I can get in touch with RevErikM?
_________________
"The universe cannot be asked to remove its mask if the person will not shed his. All the mystery religions, the Hermetic and alchemical and Christian included, hold the individual human as target by which to transmute the universe. By changing the person the world is changed." --- Philip K. Dick
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David
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Joined: 28 Sep 2003
Posts: 1188

PostPosted: Fri Feb 29, 2008 10:37 pm    Post subject: Reply with quote

Unfortunately Raja, I am the only one on this website that is at the front line, I am waiting for crown court as we speak.

As soon as you find a loophole the government fill it in, TRUST ME. And even this site and none of the other sites are willing to start up a legal system to fight the government, sometimes I think most of the cannabis sites out there are just here to stop one starting.
I am fighting my own case, yet everyone and I mean everyone has recommended that I get a solicitor, I did, and I just proved that the are no solicitors out there to support you. Yer, if you promise to give up cannabis and never touch it again, one may get you a light conviction. But I would never say that, so why do I want a solicitor that has been trained by the people who are convicting me.

I am going to fight them hard, but the best I can look forward to is 'Not losing', but I can guarantee even though I won't lose, the government won't let me win.

Basically, you use cannabis, you are breaking the law, and they are going to mess with you life and when they do that everyone turns there back on you, everyone even Roger 'the Conman' Christie. Whats his saying 'Turn your blessing into a bummer' Donate to him and he will so you how to smoke cannabis without getting arrested. I was doing fine for 30 years until I went on his website. I could not have donated enough Laughing

Every big activist I have spoken to has said "We have lost the war on drug", but I can't listen to that, I must keep fighting, I want to be a free man!
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