Proposition 64 and the 10th Amendment: How Do We Win?

by Eli Stone:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. 10th Amendment to the US Constitution.

“Federal laws would remain unchanged in classifying marijuana as a Schedule I substance, and federal authorities have been clear they will not turn a blind eye toward states attempting to trump those laws. While we are sympathetic to the unfairness of burdening young people with felony records for often minor marijuana transgressions, we trust that state lawmakers and district attorneys will work to mitigate such inequities,” Colorado Governor Hickenlooper prepared statement on Prop 64
Okay let’s say you are at home snuggled up in your bed, safe and sound on a cold winter night. Suddenly, your front door explodes inward and a bunch of men clad in black military uniforms rush through your house shouting “POLICE! SEARCH WARRANT”! You jerk awake and are greeted to a gun barrel in the face. You wet the bed in stark fear for your life as a man in a black mask throws your naked body to the floor puts his hard knee pad in your back and tells you not to move or he will kill you. You are handcuffed and the people in the black masks lead you to the living room and seat you on the couch. Your sobbing, naked wife is seated next to you also in handcuffs. A cold wind blows through the destroyed front door, freezing cold, and adding some uncomfortable insult to your already embarrassing.
One of the nice men in the masks comes over and says “Tell us where the money is and we won’t “toss” your house”. You say you don’t know what they are talking about and the one who talked to you, apparently the leader of the group gives the order “Toss it”!
Dishes crash to the floor, drawers are pulled out and emptied to the floor and stuff is rapidly and insidiously scattered everywhere. The masked men start piling “stuff” in a pile near the front door. A quarter pound of marijuana, a scale, two plants that were in flowering and two plants that were just getting started…you watch as one of the masked men sweep your collection of European mugs from the shelf where they are displayed. The mugs crash to the floor and a thousand dollars scatters across the floor in the stiff winter breeze that is now becoming really uncomfortable. You ask, “Will you please get a blanket for my wife”? The nice masked man pushes you back on the couch and puts the muzzle of his weapon in your face and yells at you “Shut up, if I want to hear from you I will ask you a question.”
The fiasco continues, all that you have collected, all that you have saved, everything of real value is gathered up. “GUN”! Is shouted from upstairs. One of the masked juggernauts comes down the stairs with the .45 Colt pistol that your grandfather gave you from world war two. “That makes for a nice additional charge”, comments the masked boss. “I’ll tell you what, sign the weapon over to us and we’ll make this charge go away….guns and drugs! You are a scumbag and a liar! You had money and you hid it and you lied to me! That’s lying to police….another nice charge”.
The masked man walks over to your wife, “Ma’am, will you please cooperate with us? It is obvious that your husband is a liar and a drug user. If you cooperate, I will see to it that you get a blanket and we can make you comfortable”.
You look at your wife and tell her, “Honey, tell them whatever they ask”.
The masked man puts his face within inches of your wife’s face and asks sneeringly, “So, where’s the rest of the money, honey”?
Your wife is distraught, but defiant and she spits in the cops face, he draws back as if to hit her and you launch yourself at him. You are quickly and brutally beat down like a chained dog. You are taken upstairs and you are given pants and a shirt and a pair of slippers and escorted out the door, thrown in a van and hauled off into the night. The van drives into a lighted bay at the hangar of an airport and you are pulled from a van, greeted by a nurse with a syringe and needle. Your shirt is pulled up and you are injected with something, you dunno what. You are then escorted onto the aircraft where you are chained to a chair with at least a dozen other people. You black out, apparently from the drugs the nice people injected you with. Thankfully enough, because as darkness overcomes you the pain from the brutal beating eases away.
You wake up with a start; someone stuck an ampoule of ammonia under your nose. The aircraft is already on the ground, a black hood is placed over your head and you are lead off the aircraft to a waiting bus. Dazed and confused you come awake in the torrid desert heat. You ask, “Where the hell am I”? Your question is greeted by silence and you are shoved into a seat and chained in place……it is the last time you will ever see home. You will die from lack of water and torture within the next 96 hours. Your wife will last a few months longer in the camp she was sent to….but her captors will show her no mercy either when she tries to kill one of her foreign prison guards who tries to rape her.
You were both arrested and detained under the NDAA 2012 and the Patriot Act and charged with terrorism because you were in possession of marijuana and a weapon signed by President Barrack Obama and GW Bush respectively, authorizing anyone so designated to arrest and detain you anywhere in the world, without due process. Your crime, you grew marijuana for your personal use. You had an excess of food in your house, you had a gun in your possession and GASP! You grew marijuana to treat an ailment that conventional medicine would not work on.
Now the Feds are saying that they don’t have the resources to hunt down and prosecute small time growers, there is no guarantee that our loving and caring government will not go ballistic. An acquaintance who had a legal grow was hit with a search warrant by CSPD and had nine thousand dollars confiscated. No legal action was taken but the money was no less confiscated and never returned. Remember it is all about the money.
When America was founded, it was founded as a union of States with common interests. BUT! The states were individual nations among themselves with all rights and freedoms not reserved to the “Feds” by the constitution. But evil men, known as “politicians” have over time whittled away at those freedoms and liberties under the most abused part of the constitution known as the interstate commerce act. If you read the declaration of Independence you will notice that it is written these “united States”. There is a treason the S was capitalized on states and the “u” was a lower case in united.
There seems to be some apprehension about the “Feds” reaction to proposition 64. The Feds will continue to prosecute, people will continue to go to prison and many people will die as the government and the cartels fight over the drug market. A lot of cops and government like the drug trade. I know, I almost had a contract taken out on me because I was about to upset a judicial cartel’s meth trade in southwest Missouri.
Colorado would be a state that can fight back. We could outlaw federal income tax. Colorado sends more to the federal government than it gets back anyway. Hemp is a product that would make a significant positive financial impact on the state’s finances.
Lastly we need the “Fully Informed Jury Act in Colorado”, in which jurors are informed of their duty to nullify irrational, unfair, and unconstitutional laws and to find defendants not guilty when appropriate. REGARDLESS of how the law is written or what the judge says. States that have instituted the “fully informed jury act” currently include Montana, Wyoming, and New Hampshire. I suggest that we push for that in Colorado. It is one of the few tools we have to peacefully oppose a government gone insane. The definition of insanity is “repeatedly doing the same thing and expecting a different outcome with each attempt”. These repetitive programs include Bushes TARP, Obama’s Quantitative Easing and the war on drugs.
But with such great educated men like Barrack who think that “Iran is Syria’s route to the sea”….or Mitt Romney ”Corporations are people” it is little wonder to me that we as a nation are in this position. Obviously it precisely the preferred location of the nation especially preferred by all of our eloquently trained and educated leaders selected to institute a non-existent democracy and drive us down the road to a fascist state, devoid of any compassion for anyone who resists the “change”.
Welcome to reality folks. Don’t go down like a chained up dog…..get with your state rep and demand change that will protect we Coloradans from the FED.
Til next time woof! Read! Learn! Educate yourself! Knowledge is power! Power means freedom! We can change things if we work together.