Finshaggy
Well-Known Member
If anyone does not know how the Controlled Substances Act was written, read this:
https://supreme.justia.com/cases/federal/us/395/6/
That case was the very last case tried under the Marijuana Tax Act. It was a case where Timothy Leary was arrested at the border when he forgot that he had Marijuana from New York in his car, and for some unrelated reason, he was denied access to Mexico that day and searched on his way back in to the United States. He was arrested for not stating that he was in possession of Marijuana, or the nature of his Marijuana business and for not having a tax stamp when crossing the border with it.
In court he argued that the law was unconstitutional according to his 5th Amendment rights, because if he had declared he had had Marijuana whether at the border or at a Government office (in order to get a tax stamp) they would have arrested him, meaning that he would have to incriminate himself either by declaring his possession of Marijuana or by bringing it to the Government office. This was found by the Supreme Court to be in violation of his 5th Amendment Right to not incriminate himself and not only was the charge dropped, the entire law was overturned because the wording was unconstitutional.
The Controlled Substances Act was written in response to this, but during the time between the overturning of the law and the writing of the new one, Marijuana was completely legal.
And if someone challenges the Controlled Substances Act with the 21st Amendment, it could happen again.
https://supreme.justia.com/cases/federal/us/395/6/
That case was the very last case tried under the Marijuana Tax Act. It was a case where Timothy Leary was arrested at the border when he forgot that he had Marijuana from New York in his car, and for some unrelated reason, he was denied access to Mexico that day and searched on his way back in to the United States. He was arrested for not stating that he was in possession of Marijuana, or the nature of his Marijuana business and for not having a tax stamp when crossing the border with it.
In court he argued that the law was unconstitutional according to his 5th Amendment rights, because if he had declared he had had Marijuana whether at the border or at a Government office (in order to get a tax stamp) they would have arrested him, meaning that he would have to incriminate himself either by declaring his possession of Marijuana or by bringing it to the Government office. This was found by the Supreme Court to be in violation of his 5th Amendment Right to not incriminate himself and not only was the charge dropped, the entire law was overturned because the wording was unconstitutional.
The Controlled Substances Act was written in response to this, but during the time between the overturning of the law and the writing of the new one, Marijuana was completely legal.
And if someone challenges the Controlled Substances Act with the 21st Amendment, it could happen again.
