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Bryan

Legal Cases?

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I'm pretty certian we've all at one time prayed to whatever god is out there, to stop the pain.  But, seems like a religion for a medical condition is somewhat far fetched, just my 2c. :)  (I'm game to help though, if that's what it takes, then that's what it takes!)

I'd agree on the LSD point though.  While it's an option for our treatment, it seems a natural remedy (shrooms or seeds) would be a better / more natural remedy to seek medical exception for (and maybe better public opinion).

Jeff

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I have never tried any of these busting methods as I think its illegal even with the seeds 

Jl, may your CH always be so manageable that you can maintain your legal purity! The seeds are not illegal. Compounding and drinking them is a Schedule III offense.

If I joined the CH religion, would I have to give up my current religion, which allows me to drive 95 miles per hour whenever I feel like it?

Congratulations on being nearly through the law school ordeal, and good luck with the bar exam!

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CH father..... how can I say this....

its not smart for a law student to go proclaiming that he supports illegal activities (whether or not he agrees with the law) or engages in them for bar admission issues.

now with the religion thiing... whoever said it was far fetched is simply wrong... I have read cases where people say "ths is my own religion that I made up" and thats good enough

the legal standard is whether its a sincerely held belief or not

I even read a case where someone is a member of a religion and says that they cant do x (not important) due to their religion and they get a clergy man from that religion on the stand to say that thing is not in the religion at all and it still flew.

that being said...this board post in and of itself could be proffered as evidence against us.... oh well....

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...or evidence of our utter desperation and compassion.

If I were in front of a jury "of my peers" I think at least one of them would empathise at the very least.

This court is out of order...!!!!! 8-)

Jury nullification would be a possibility..

Dan

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I apologize, Jl.  I appreciate your concerns about bar status, and therefore very much appreciate your willingness to participate here at all.

As I recall, there was a "church" in the 1960s, referred to as the Boo-Hoos as I recall, that declared the taking of LSD as one of its sacraments.  A District Court judge rejected its claim to the religious exemption.  Long time ago, but then, I was roughly your age back then.  I'll bet if one were to read the case, what one would see is that the judge didn't like this "church" (one of whose tenets had something to do with the need to blow up Saturn before it was too late) or its nasty drug practices (big on marijuana, too), and so he found a way to reject an exemption claim that perhaps should have held up.

Just as an additional point, it would seem from what you say (which I don't doubt) that "we" wouldn't actually have to form a "church" at all, but each person could just assert his/her private religious commitment to psilo or acid as part of a religious belief system.  Probably get the Boo Hoo outcome either way, though.

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From what I understand, the religion has to be real, with long-standing traditions and an established organization. You can't just make one up and claim First Amendment exemptions under the free exercise clause. Back in 2006 , the União do Vegetal won the right to use ayahuasca in their ceremonies, as did the Santo Daime a few years later. While those religions have only a few adherents and a short history in the US, they have long been established in South America. Both won the right only after extended court proceedings.

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that being said...this board post in and of itself could be proffered as evidence against us.... oh well....

The feds would fight tooth and nail NOT to allow a post from here to be used as any evidence. Federal law does not allow for people using "why" as any evidence of drug use. A post from here would open the trial to the truth of cluster headaches.

If I was on trial, I would fight tooth and nail to get my use of mushrooms as my treatment of choice for my clusters and every bit of scientific evidence of it's effectiveness admitted.

IMHO, a trial is not a search for the whole truth. The largest arguments are over how much of each other's truths can be excluded.

Bob

Bitter? Me?

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Amendment 9 - Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

I dont know, limiting ones treatment of a debilitating condition by scheduling them as medically unusable, seems to infringe on my life,liberty and pursuit of happiness. It also seems to me the 9th Amendment say's just because it is not enumerated in the bill of rights does not mean it's not my right. The preamble say's I can do what I do to treat myself, it is not a right however???

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Liberty is a concept in political philosophy that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions.

Welfare

welfare n. 1. health, happiness, or prosperity; well-being.

I really have a problem with our government in it's present form. ;)

the bb

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I've thought long and longer about this years ago when I made the decision to bust. If it goes and I go to jail, that will be the jest of my letter to the ACLU. That and begging them to come with the key and let me the hell out!...lol

the bb

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Hey, thebb... want to get angrier? True story...

When the controlled dangerous substance act was written, then Pres. Nixon did not give a rats' ass about 'legitimate medical usage'. Marijuana, LSD and the other psychedelics were placed on sched. 1 because they were the drugs of choice of the people Nixon hated the most, the anti-war hippies who were ruining his life and had him foaming at the mouth. Marijuana is described as a 'hallucinogen', which it of course is not. The only other CDS1 class of drugs is heroin and other opiate alkaloids considered too dangerous to use. Opium and derivatives are sched.2. Whats hilarious is that bufotenine is a schedule 1 CDS, which would theoretically make walking down the street with a cane toad under your arm a class A federal crime, since they ooze bufotenine through their pores.

As someone who worked in this particular area of government some years ago, I can tell you that the war on drugs is a completely counterproductive travesty; a failure on any level you choose to look. I can also state confidently that it is rightly perceived as political suicide for any elected official to say that publicly, or suggest reform. By and large, friends, we do not live in a particularly enlightened society. How else can you explain our totally schizophrenic acceptance of the most abused drug in the nation (alcohol) and all the damage it causes while people get twenty years for 20 grams of weed?

I don't mean to pee on anyone's campfire, but don't look for intelligent drug policy from our government. I mean have you seen those guys?

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tommy d.... you are sort of correct.... it is true that religion is a native american religion that has been around forever but the two plaintiffs were two white guys AS i RECALL... I could be wrong.... it started becuase they lost some sort of fed entitlement or their state jobs....

but they have those pot churchs in San fran so..

That being said...

have any of you ever heard of being able to go peru and likely some other countries and do a full on vision quest... they have travel packages and stuff where you can see mayan ruins and travel the country and the vision quest is one part of it...

anyone heard of this?

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Jl924,  Funny...  :)

You actually don't need to leave the country.  You can become a part of the Peyote Way Church of God in our very own Arizona for a mere $300 contribution to the church.  No Peruvian ruins tours though.

http://www.peyoteway.org/index.php

http://www.peyoteway.org/spiritwalk.php

Jeff

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Hmmm, St. Thomas or Arizona?

I'm thinking St. Thomas would be much more fun. Being by oneself tripping one's balls off in the desert could be a bad trip in itself :-X

Dan

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I don't mean to pee on anyone's campfire, but don't look for intelligent drug policy from our government. I mean have you seen those guys?

215628_10150162002358150_304130558149_6489860_7389442_s.jpg

I dont know, here's our governor VETOing the medical cannabis repeal bill that passed state legislature. "It conflicts directly with the will of the people". We voted 62% to 32% for medical cannabis. I feel somehow lifted from bondage. Thanks Governor.

the bb

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Brian Swietzer. I would take 62% of the vote anyday, what politician wouldn't.

the bb

Things are a bit different in Montany. 8-)

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