Notice to specific government officials
The war on drugs is unlawfully waged
Dear government official,
Attached is my Notice and Demand, which personally notices you of the false enforcement of drug laws within my home state Indiana by local, state and U.S. officials, and which demands your compliance with written Indiana and U.S. law. In conjunction with this cover letter to you, I have sent similarly specific notices 1) to criminal defense attorneys, 2) to civil rights attorneys, 3) to legal malpractice attorneys, 4) to legal malpractice insurance companies, 5) to the municipal bonding industry, 6) to private prison companies, 7) to news organizations and 8) to unnamed government officials. You can read these notices at my website drugsarelegal.com.
The Notice and Demand was recorded in the Office of Recorder of Marion County, Indiana, and is also available for reading at my website. I encourage you to both carefully read it and to listen to (and read along with) my 6-part audio presentation. These materials summarize some of the information in my two self-published law books BUSTED – A Whistleblower's Guide to the War on Drugs (2015) and America's Republican Form of Government (2017), available from Amazon.
All of these materials will thoroughly explain how drug laws are to be properly enforced within Indiana (and other states) under the U.S. and Indiana Controlled Substances Acts. As you will readily see, the current judicially-waged war on drugs does not follow these statutes. A summary of the proper operation of these drug laws is as follows. See if your understanding of our drug laws is not different from this accurate description:
Within the fifty United States, where Congress owes the states a republican form of government, the state and U.S. Controlled Substances Acts 1) do not apply to private individual drug possession, and 2) non-criminally regulate all intrastate and interstate drug commerce, including disfavored drug dealing. Only in the federal areas, such as the District of Columbia and coastal waterways, where Congress exercises plenary or absolute power as a non-republic, is drug dealing criminally prohibited.
Within the fifty United States, according to the Case or Controversy Requirement of state judicial and U.S. Article III courts, judicial subject matter jurisdiction requires an injury to a natural, legal or contractual right. According to the Due Process and Equal Protection Clauses of the 14th Amendment, the law treats unwanted drug dealers the same as it does pharmaceutical company presidents. Only in the federal areas, where these clauses do not apply and where Congress determines everyone's rights, may Congress treat one drug dealer better than another.
Because both unwanted drug dealers and pharmaceutical companies manufacture, distribute and / or dispense drugs, then they are in the same artificial, legal, regulated class. The equal treatment that is owed to them under the 14th Amendment is called administrative due process. The role of administrative law courts of the Indiana Board of Pharmacy and of the D.E.A. is to apply this equal adjudicatory process to determine these parties' legal rights to make and sell drugs.
Given this equal adjudicatory treatment, these administrative law courts may license drug dealers that meet their standards, and they may enjoin those drug dealers that do not. These administrative injunctions, if violated, may be enforced by judicial injunctions, using judicial courts' contempt powers. This regulatory process is non-criminal.
The Separation of Powers Doctrine and the Case or Controversy Requirement of American constitutions prevent judicial courts from acting upon this same regulatory subject matter, i.e., drug commerce, or upon the same legal issue, i.e., who may sell drugs to the public, neither subject of which is justiciable. Thus, not until parties have exhausted their administrative equitable remedies do judicial courts gain any power over any drug matter.
Within America's fifty states, judicial courts have no subject matter jurisdiction over drug possession, which is a natural right. These courts have original jurisdiction only over cases, which include injury. Thus, the judicial branch's power over drugs is solely over drug commerce – not drug possession, and this power over drug commerce operates solely in judicial courts' appellate – non-original – capacity.
The present war on drugs is unlawfully-waged in Indiana using judicial courts, which have no subject matter jurisdiction over drug possession or dealing. Indiana and U.S. drug laws are based on objective separations of power with which government officials have not been aware or compliant. Your participation in and/or witness to the false enforcement of Indiana and U.S. drug laws within Indiana is hereby noticed.
Heretofore, the Indiana Board of Pharmacy and the D.E.A. have been grossly neglecting their regulatory duties over unwanted drug commerce. Meanwhile Indiana and U.S. criminal prosecutors – who have no judicial standing in matters of drug commerce – have been misrepresenting law to the courts. Given notice to them, their continued mistakes of law become actionable and their continued misrepresentations of law amount to fraud upon our courts.
So, government officials have been administering the war on drugs as either a mistake of law or as willful fraud. Given my notice, all parties are required to immediately discern the knowable law and to follow it. This is because there is no disputing the rules of law (non est certandum de regulis juris) and ignorance of the law does not excuse (ignorantia jurs non excusat).
This is all to say that America's drug laws are knowable, but that likely government officials and attorneys have not known them. This is 1) likely because they have never read a Controlled Substances Act, and 2) because someone has misrepresented the law to them.
All of my materials show 1) that all drug possession is either lawful or legal throughout every inch of the United States – land, air and water; 2) that all intrastate and interstate drug dealing is regulated under administrative law, and is not subject to criminal law, and 3) that unapproved drug dealing is criminally prohibited only in the federal areas, over which Congress legislates as a non-republic.
Thus, one cannot comprehend our nation's drug laws without understanding a) the republican form of government, which applies within the states, b) the non-republican form of government, which applies within the federal areas, and c) our federal republican system's other various separations of power, which American officials apparently do not.
Because government officials who are involved in the war on drugs have been acting under false color of law, which is knowable to all, then their wrongdoing is res ipsa loquitur. Treating drugs criminally is obviously wrong, and the instrumentality of harm rests solely in their hands. Please do your part to end this unlawful behavior.
All of my oral and written materials show 1) the need for remedial civic and legal education, and 2) the need for the wholesale rewriting of drug statutes (as well as gun, prostitution, and traffic statutes, by implication) to remove their inherent fraud, which has likely heretofore fooled you as a government official. I am uniquely qualified to help do this. I can articulate everyone's natural, substantive and legal (statutory) rights, which others have not.
If I may be of further help to you, please first contact me by email. Thank you for your attention to these matters. And please do the right thing.
Kurt St. Angelo
Indiana attorney #11317-49, inactive status
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