Sadly, most drug defense attorneys do not know the differences between crimes and regulatory violations
America's drug defense attorneys are deficient in essential legal knowledge. They do not know the difference between crimes and regulatory violations.
This is due to their lack of knowledge of the two police powers within America's state republics: regulation and criminal prohibition. These two separate police powers operate in separate branches of government, in separate judicial jurisdictions, and over different kinds of persons and subject matter.
Prohibition operates criminally. Regulation operates administratively, or non-criminally.
Prohibition is enforced exclusively in the judicial branch. Regulation is enforced primarily in the executive branch.
Prohibition operates in the judicial jurisdiction called law. Regulation operates in equity.
Prohibition enforces the law of the natural sovereign. Regulation enforces the positive law of a legislative sovereign.
Prohibition operates over natural persons. Regulation operates over artificial persons and commercial enterprises.
Prohibition has subject matter jurisdiction over injury or violations of natural right. Regulators adjudicate the legal right to engage the public in commerce.
Prohibition offers such law remedies as compensation, fines and incarceration. Regulation offers equitable remedies such as forfeiture and injunction.
The Supreme Court in Ohio v. Helvering (1934) told us that the police power with regard to commerce is regulatory. All commerce, including disfavored drug dealing, is subject to regulation – not prohibition.
Criminal prohibition applies only to that which is malum in se (inherently wrong) or to that which is placed into the criminal law jurisdiction of judicial courts by constitutional amendments. Because this criminal jurisdiction excludes all commerce (except for slavery, which is malum in se), then the commerce in drugs is regulated in equity. While equity does not include the power to incarcerate drug dealers, it nonetheless includes the power to shut down and enjoin disfavored drug dealing.
Ultimately this means that drug defense attorneys have been defending most of their drug clients in the wrong courts and in the wrong branch of government, unaware of the jurisdictional and remedial distinctions between prohibition and regulation.
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