A new drug defense
There is a new defense available in drug matters. It is called a 12(B)(1) motion. This is a motion to dismiss a drug matter in a judicial court for want of subject matter jurisdiction.
Judicial courts in America's republics have subject matter jurisdiction only over cases – civil and criminal cases. This is called the case or controversy requirement. Matters of mere drug possession and consensual drug dealing are – by definition – not cases, and are not subject to judicial adjudication.
Instead, under the Controlled Substances Acts and within the fifty states, drug possession is a legal right and drug dealing is subject to regulation, not criminal prohibition. In fact, all commerce in the United States (except slavery), including all disfavored drug dealing, is subject to regulation, not prohibition.
The equal protection clause of the U.S. constitution says that all manufacturers, distributors and dispensers of drugs – as a class – are to be treated the same. This means that all drug dealers – whether pharmaceutical officers or the street-corner variety – are subject to equitable remedies of forfeiture and injunction, not to criminal law adjudication.
A 12(B)(1) motion is appropriate for defendants charged with “crimes” in the wrong courts and in the wrong branch of government. For more information, start here: http://www.amazon.com/dp/B01604EZJ6
Judicial courts in America's republics have subject matter jurisdiction only over cases – civil and criminal cases. This is called the case or controversy requirement. Matters of mere drug possession and consensual drug dealing are – by definition – not cases, and are not subject to judicial adjudication.
Instead, under the Controlled Substances Acts and within the fifty states, drug possession is a legal right and drug dealing is subject to regulation, not criminal prohibition. In fact, all commerce in the United States (except slavery), including all disfavored drug dealing, is subject to regulation, not prohibition.
The equal protection clause of the U.S. constitution says that all manufacturers, distributors and dispensers of drugs – as a class – are to be treated the same. This means that all drug dealers – whether pharmaceutical officers or the street-corner variety – are subject to equitable remedies of forfeiture and injunction, not to criminal law adjudication.
A 12(B)(1) motion is appropriate for defendants charged with “crimes” in the wrong courts and in the wrong branch of government. For more information, start here: http://www.amazon.com/dp/B01604EZJ6