Is the War on Drugs Unconstitutional?

[Working Poor]

I am trying to help a close family member they are an addict and they have spent many years in prison because of it. He is in jail again looking at 7 years. He is unable to pay for a lawyer and nobody in the family is able to help hire one. A public defender has been appointed. I have been thinking about what if his rights have been grossly violated?

Does anyone know of someone fighting a drug charge questioning the constitutionality of the drug war? My relative has nothing to loose in fighting it this way but I would like to try to give him some insight on how he may be able to fight this. He has been in jail for 4 months the person who he was busted with got out with time served and has almost as many past drug charges as he does. We think this person may have traded evidence to get out with time served after one month in jail. I think about how sick my relative has been over the years and how being thrown in prison has done nothing to help him address the real problem. I hate that he has never been free in his adult life. I want to try one more time to help him defend his freedom.

[presence]

I take what I consume to be a religious act.

Religion is a cultural system of behaviors and practices, mythologies, world views, sacred texts, holy places, ethics, and societal organisation that relate humanity to what an anthropologist has called "an order of existence".

Religion - Wikipedia, the free encyclopedia

[Chester Copperpot]

of course its unconstitutional... theres no doubt there... but as to fighting it based on that?? couldnt tell you... sometimes law enforcement goes the tax evasion route for drugs and other times their interpretation of the constitution is so antithetical to ours that its like we live on different planets.. or in different times

[tod evans]

I am trying to help a close family member they are an addict and they have spent many years in prison because of it. He is in jail again looking at 7 years. He is unable to pay for a lawyer and nobody in the family is able to help hire one. A public defender has been appointed. I have been thinking about what if his rights have been grossly violated?

Does anyone know of someone fighting a drug charge questioning the constitutionality of the drug war? My relative has nothing to loose in fighting it this way but I would like to try to give him some insight on how he may be able to fight this. He has been in jail for 4 months the person who he was busted with got out with time served and has almost as many past drug charges as he does. We think this person may have traded evidence to get out with time served after one month in jail. I think about how sick my relative has been over the years and how being thrown in prison has done nothing to help him address the real problem. I hate that he has never been free in his adult life. I want to try one more time to help him defend his freedom.

Fighting the system isn't going to equate to freedom.

If he goes to trial he's likely to get 3-5X the number of years he'd get taking a plea.

Now..............If he wants to prove a point or make a statement at the cost of his freedom then by all means head to trial.

The circumstances of this arrest are going to play a bigger role in determining what, if any, defense can be presented on his behalf.

All that said..............Friends and family doing legal research and riding his public-pretender might help...

[Working Poor]

Friends and family doing legal research and riding his public-pretender might help...

we have found that trying to communicate with his public pretender is harder than trying to pull a fat worm up out of wet mud

[tod evans]

we have found that trying to communicate with his public pretender is harder than trying to pull a fat worm up out of wet mud

You have to go to his office, go to the courtroom he's in, literally chase him down.

I keep calling for these worthless pieces of $#@!, (government employees) to have their home addresses and phone numbers accessible.....

[Working Poor]

You have to go to his office, go to the courtroom he's in, literally chase him down.

I keep calling for these worthless pieces of $#@!, (government employees) to have their home addresses and phone numbers accessible.....

To make matters worse he is in another state and I just don't have the time to travel a 100 miles one way to chase a government employee around a court house when I have to work. My mom would do it but she can't drive and my other two siblings don't care. I was hoping someone could give me some insight that I could write in a letter to him to maybe help him be more informed and maybe think about broaching the possibility that his rights are being violated. I guess resistance is futile....

[presence]

I keep calling for these worthless pieces of $#@!, (government employees) to have their home addresses and phone numbers accessible.....

I agree.

You want a .gov job you should have to have to post public notice of your home address before receiving a pay check.

[tod evans]

I guess resistance is futile....

Even if you were there your family member has a snowballs chance in hell of actually getting off scott-free without a paid attorney.

Sorry but that's the "Just-Us" system at work.........

There are too many government employees who profit from every conviction.

[donnay]

Even if you were there your family member has a snowballs chance in hell of actually getting off scott-free without a paid attorney.

Sorry but that's the "Just-Us" system at work.........

There are too many government employees who profit from every conviction.

Better call Saul. <Sorry, couldn't resist.>

Yes the system is stacked against the citizens. They always win in their system of injustices.

[tod evans]

Better call Saul. <Sorry, couldn't resist.>

Yes the system is stacked against the citizens. They always win in their system of injustices.

They have publicly declared a war on the citizens and are doing their level best to keep the citizenry from fighting back.........

[Ronin Truth]

Only IF you aren't state property.

[farreri]

I'm sure our activist supreme court will find the drug war constitutional under the provide for the common defence and general welfare clause.

[Sonny Tufts]

I'm sure our activist supreme court will find the drug war constitutional under the provide for the common defence and general welfare clause.

The federal government has been using the Commerce Clause to prohibit various things (including drug possession) for a very long time.

[jmdrake]

I am trying to help a close family member they are an addict and they have spent many years in prison because of it. He is in jail again looking at 7 years. He is unable to pay for a lawyer and nobody in the family is able to help hire one. A public defender has been appointed. I have been thinking about what if his rights have been grossly violated?

Does anyone know of someone fighting a drug charge questioning the constitutionality of the drug war? My relative has nothing to loose in fighting it this way but I would like to try to give him some insight on how he may be able to fight this. He has been in jail for 4 months the person who he was busted with got out with time served and has almost as many past drug charges as he does. We think this person may have traded evidence to get out with time served after one month in jail. I think about how sick my relative has been over the years and how being thrown in prison has done nothing to help him address the real problem. I hate that he has never been free in his adult life. I want to try one more time to help him defend his freedom.

It absolutely is unconstitutional. Remember that we had to amend the constitution to federally ban alcohol? So why are drugs different? Well...in our court state on insanity the federal government could ban alcohol without a constitutional amendment. You see, the reason they needed a constitutional amendment the first time is because back then everyone knew the federal government had no jurisdiction over commerce unless it was interstate commerce. But thanks to a series of horrible SCOTUS rulings, the federal government sticks its nose everywhere it doesn't belong.

As to this actually helping your family member? Well...it won't. It would be like arguing "I shouldn't be charged with tax evasion because the income tax is unconstitutional." No judge will even allow it as a defense and it won't go anywhere on appeal. That said....nothing wrong with arguing it as an "educational experience" for the jury. (His attorney could include it in his closing arguments and possibly get away with it.) Also most drug cases are prosecuted in state court under state laws. If he's being prosecuted in state court for a drug law violation then there really isn't a plausible constitutional claim that I can see. While the federal government shouldn't be able to ban drugs, it's not like drug use is a fundamental right that states can't ban. Then...on the other hand...it makes more sense to say "I have a right to my own body so I should be able to smoke weed" than it does to say "I have a right to my own body so I should be able to murder my unborn child."

[torchbearer]

Being that the federal government was never granted policing powers, yes- it is unconstitutional.

[Working Poor]

Okay thanks everybody for your input. I have found some things out regarding jurisdiction of the court that may help my brother. I am going to post a short kinda goofy video that maybe you can look at and give me feed back on the content of what they are presenting it may even help someone. I have been watching some other videos but they are much longer this one has all the elements of the longer ones as far as court cases go

[Root]

I think this would depend if the charges are federal, state or local.

If they are federal, Ron Paul stated in Liberty Defined, the Constitution only mentions 4 crimes. Treason, counterfeiting, piracy and slavery was added as an amendment.

You might do better with jury nullification. No victim, no crime.

[Jamesiv1]

I am trying to help a close family member they are an addict and they have spent many years in prison because of it. He is in jail again looking at 7 years. He is unable to pay for a lawyer and nobody in the family is able to help hire one. A public defender has been appointed. I have been thinking about what if his rights have been grossly violated?

Does anyone know of someone fighting a drug charge questioning the constitutionality of the drug war? My relative has nothing to loose in fighting it this way but I would like to try to give him some insight on how he may be able to fight this. He has been in jail for 4 months the person who he was busted with got out with time served and has almost as many past drug charges as he does. We think this person may have traded evidence to get out with time served after one month in jail. I think about how sick my relative has been over the years and how being thrown in prison has done nothing to help him address the real problem. I hate that he has never been free in his adult life. I want to try one more time to help him defend his freedom.

You said it yourself - he's an addict.

You trying to "help him defend his freedom" is not helping him - it's called 'enabling' him.

If you don't let him experience the consequences of his behavior, he will never hit bottom.

If you rescue him, why should he change?

You need to look into Al-Anon or Narc-Anon. It's called "letting go with love".

[Working Poor]

You need to look into Al-Anon or Narc-Anon. It's called "letting go with love".

Been there done that got the tee shirt wore it until it fell off my body. I know all about alanon and naranon I spent several years going every @#$%ing day trying to get past all the addiction in my family. If he was young and had a chance of recovering I might feel differently about it. My brother is very sick and old not only from addiction he has been put in the hospital from jail several times in the 4 months he has been in. He is not getting enough to eat because every time we send him money for food they use it to pay his hospital bill. The food they are giving him is very sparse bologna sandwiches for dinner and lunch and grits and a banana for breakfast. All the people in jail buy extra food and most still loose weight. He may not even be able to live another 7 years because of his illness. I hate for him to have to die in prison. He is not a bad person he is a sick person and I don't think it is right to put people in prison because they are sick.

[Anti Federalist]

Of course it is constitutional.

Just ask the government judges.

They'll be sure to tell you.

WP, I wish there was more I could do or say.

With millions of people in the US gulags, it's a daunting task to help anybody.

[donnay]

Been there done that got the tee shirt wore it until it fell off my body. I know all about alanon and naranon I spent several years going every @#$%ing day trying to get past all the addiction in my family. If he was young and had a chance of recovering I might feel differently about it. My brother is very sick and old not only from addiction he has been put in the hospital from jail several times in the 4 months he has been in. He is not getting enough to eat because every time we send him money for food they use it to pay his hospital bill. The food they are giving him is very sparse bologna sandwiches for dinner and lunch and grits and a banana for breakfast. All the people in jail buy extra food and most still loose weight. He may not even be able to live another 7 years because of his illness. I hate for him to have to die in prison. He is not a bad person he is a sick person and I don't think it is right to put people in prison because they are sick.

I'll keep him in my prayers.

[tod evans]

. I hate for him to have to die in prison. He is not a bad person he is a sick person and I don't think it is right to put people in prison because they are sick.

Don't you love your government overlords?

Their children need to eat too, and the scum of the earth that consume verboten chemicals must be sacrificed in their honor.

That said, tongue in cheek, don't send money to the county jail, ever!

When he gets to a real prison ya'll can work out how to get him money, either on his account or a trusted friends account.....

If he's going to fight then he'll be in county for 18 months to several years depending, if he takes a plea he can start doing time in less than 6 months......

[Anti Federalist]

I'll keep him in my prayers.

As will I.

[jmdrake]

You said it yourself - he's an addict.

You trying to "help him defend his freedom" is not helping him - it's called 'enabling' him.

If you don't let him experience the consequences of his behavior, he will never hit bottom.

If you rescue him, why should he change?

You need to look into Al-Anon or Narc-Anon. It's called "letting go with love".

Just because an addict needs help doesn't mean that an addiction should be criminal. In fact the state makes money off of alcoholics, tobacco users, and gambling addicts.

[Jamesiv1]

Just because an addict needs help doesn't mean that an addiction should be criminal. In fact the state makes money off of alcoholics, tobacco users, and gambling addicts.

I'm not saying it's right, I'm just saying it is.

Doesn't sound like this is his first rodeo... "he's spent many years in prison" ... "he's in jail again looking at 7 years" ... "his partner has almost as many drug charges as he does"

Life has consequences.

Do you (Working Poor) think you're the first person to consider challenging the "constitutionality" of the drug laws?

Let him go. And find some peace.

[tod evans]

Do not let him go or give up on him!

Being a stoner carries a social stigma today, it didn't used to.

Stay in touch, offer moral support and whatever financial support you can but never, not ever, give up on family or those you care about.

[PursuePeace]

Do not let him go or give up on him!

Being a stoner carries a social stigma today, it didn't used to.

Stay in touch, offer moral support and whatever financial support you can but never, not ever, give up on family or those you care about.

I agree.

WorkingPoor, For your brother to know that someone actually cares about him is helping him more than you'll probably ever know.
If you give up on him as others have advised, then he really truly is at rock bottom, but with little chance of ever rising back up.
People need love and support. I don't have any legal advice, just heart advice. Keep caring. And keep showing him that you care.
So sorry you're having to go through this with your brother. I'm sure it's very difficult to witness and feel so helpless about it.
Good luck, friend. Wish I had more useful advice for you.

[Jamesiv1]

I'm not saying stop loving him.

I'm just saying quit trying to save him, quit rescuing him, quit trying to fix him.

"Let go with love."

[heavenlyboy34]

It's Constitutional. The reasoning will likely be the same as that used to ban certain firearms/ammunition. Not raitonal or ethical, though.