FEDERAL LAW SUPERCEEDS CUMMA
MY PROSECUTION IS EQUAL PROTECTION VIOLATION
Some New Jersey medical marijuana advocates might not like what I’m about to do. "Challenge CUMMA in federal court and State Court". You see no matter how any New Jersey Politician or Prosecutor looks at New Jerseys Compassionate Use of Medical Marijuana Act (CUMMA) C.24:6I it does not trump The Federal Controlled Substance Act of 1970. Federal Law is Supreme. (.)
In 2010 NJ State officials in New Jersey passed the COMPASSIONATE USE of MEDICAL MARIJUANA ACT that licenses, taxes and regulates marijuana in the state realm, which is contravention of Federal Law. The very ACT of passing CUMMA was federally illegal and unconstitutional. (Michigan Canners & Freezers Association, Inc. v. Agricultural Marketing and Bargaining Board 467 U.S. 461 (1984) ) No state shall licence, regulate or tax what is prohibited by federal law, -- has preempted state law to the extent that it conflicts with federal law and "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress." Hines Vs Davidowitz, 312 U.S. 52, 67, 61 S.Ct.399, 85 L.Ed. 581. Pp.469-470
The New Jersey Politicians who created the state CUMMA and those under its “fraudulent authority” have conspired to contravene Federal Law and create a ALL WHITE ONLY MEDICAL MARIJUANA INDUSTRY. From Gov. Christie to the lowly budtender at one of the 5 ATC’s (Alternative Treatment Center’s) operating illegally in New Jersey, they are all violating federal law. (.)
HYPOCRITICALLY, the State of New Jersey is prosecuting me for violating its 2c:35-10a marijuana law. I do it daily actually. Absurdly the State of New Jersey via 2c:35-10a in regards to me says marijuana is a schedule 1 drug having no medical use, and simultaneously via CUMMA recognizes marijuana medical value and allows others to violate FEDERAL LAW within its jurisdiction.
In California I operated a Medical Marijuana dispensary/Temple that was legal by California law but raided by Federal authorities on 12/13/2011. I am now in New Jersey and the state raided me on April 27th, 2016, indicted me and is now prosecuting me via 2C:35-10a.
One of the reasons I refuse to comply with CUMMA, because it is federally illegal and creates legal confusion.
ROUGH DRAFT OF LEGAL ARGUEMENT
1. The New Jersey Compassionate Use Medical Marijuana Act (2010) provides that under New Jersey law, marijuana can be purchased, possessed, grown, sold, transported, distributed, and processed, all with the affirmative authorization of the State of New Jersey, legally in full compliance with state law. It is a requirement of the statute that all cannabis is tracked from state-photo licensed providers at the seed stage to it's eventual sale to a state-photo licensed patient/caregiver purchaser with personally identifiable records detailing this activity and those involved being generated that provide all this information to the State of New Jersey, who maintains these records, that includes everything from names, home addresses, telephone numbers, photographs, to driving license records of those involved.
2. Under the laws of the United States, any activity involving marijuana is a serious violation of federal drug laws that can result in both federal misdemeanor and felony convictions as an outcome for individuals taking part in such activity. The federal Drug Enforcement Administration has been known to obtain federal court orders for participant records of state medical marijuana programs, in order to prosecute those state "license" holders under federal law. The targets of these actions have been incarcerated in federal prisons.
3. The New Jersey Compassionate Use Medical Marijuana Act (2010) requires persons to incriminate themselves under the laws of the United States, as a condition of compliance with CUMMA. This is a violation of the Fifth Amendment right against self-incrimination found in Leary v U.S. (1969), finding that a defendant cannot be required to incriminate themselves as a condition of compliance with another law. https://en.wikipedia.org/wiki/Leary_v._United_States
4. It is a violation of the Equal Protection Clause to prosecute the defendant for a violation of state marijuana prohibition laws, because he has been alleged to have engaged in an act of possessing a CUMMA as it was found in Michigan Canners & Freezers Association, Inc. v. Agricultural Marketing and Bargaining Board (1984) that a state law cannot affirmatively authorize an act prohibited by federal law as it would subvert the objectives of the federal government. Therefore, compliance with CUMMA regulations or lack thereof, cannot be used to discriminate against the defendant because the system that sought to license and regulate a federally prohibited activity was already preempted by federal law and therefore is of no legal force or effect. http://openjurist.org/467/us/461/michigan-canners-and-freezers-association-inc-v-agricultural-marketing-and-bargaining-board
5. While New Jersey is under no obligation to criminalize marijuana, it is prohibited from the ability to license or regulate marijuana activities due to the status of federal law. Therefore when New Jersey enacted CUMMA, due to federal preemption marijuana did not just become legal for those with such state-issued licenses, all New Jersey marijuana criminal laws became nullified due to Equal Protection. Marijuana became legal for all persons, businesses, and organizations to consume, produce, and sell to anyone under state law because of CUMMA.
6. In the recent federal case NCAA v Christie, 14-4546, U.S. Court of Appeals for the Third Circuit the court came to the same conclusion regarding sports betting. Sports’ betting is illegal under federal law, but New Jersey sought to legalize it at the state-level, despite federal prohibitions. The federal courts have determined that New Jersey may remove state-level criminal penalties against sports betting, but could not license or regulate the activity as it is still federally unlawful. The federal courts determined that even if the state law only stated that certain persons and/or entities could engage in sports betting activity, that it would actually be legal for anyone and everyone, because such regulation is preempted due to the federal law.
8. President-elect Donald Trump's nominee for U.S. Attorney General is Senator Jeff Sessions. Senator Sessions has publicly stated that "good people don't smoke marijuana" and has indicated his support of enforcing the federal law. Creating records under CUMMA created a ripe risk of federal prosecution; and a ready-to-go federal prosecution kit under the CSA. Such prosecutions of state-licensed marijuana patients and providers have already occurred under the Obama, Bush, and Clinton Administrations. Exactly what I experienced in California.
7. Based on the foregoing, Defendant moves for a dismissal of all state charges with prejudice and an order for a return of all seized items, including items alleged to be cannabis, as that would be a lawful substance for him to possess under New Jersey law.