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Monday, March 28, 2011

Idaho Disregards U.S. Constitution


The continuing subversion of our God given right of freedom of medicine and diet, by yet another slap in the face [pdf], by a sociopathic judiciary that sees nothing wrong with "felony" designation of "crime" of sharing < 2/3rd oz of MJ

http://www.idahoreporter.com/2011/idaho-supreme-court-rules-against-claim-that-marijuana-is-a-religious-sacrament/


The Idaho Supreme Court upheld the drug conviction of Shawn Fluewelling, who claimed he used marijuana as a religious sacrament. The high court ruled that the state’s drug law didn’t violate his First Amendment rights to freedom of religion. Fluewelling is a member of THC Ministry, a Hawaii-based organization that believes cannabis, the active ingredient in marijuana, is a fundamental right protected by God and the U.S. Constitution. Last week, the Idaho Supreme Court unanimously rejected Fluewelling’s appeal that his religious rights were being violated. THC Ministry formally stands for The Hawaii Cannabis, according to the group’s website. THC is also the abbreviation for the psychoactive substance found in marijuana.


In his decision, Chief Justice Dan Eismann quoted an 1879 U.S. Supreme Court case stating how the government can regulate religious acts. “Laws are made for the government of actions; and, while they cannot interfere with mere religious belief and opinions, they may with practices,” the court wrote in Reynolds v. United States, which Eismann quoted.


Fluewelling had argued that the state’s exemption for the sacramental use of peyote, which applies to members of Native American tribes, applies to his church and marijuana, but the court disagreed. According to Eismann’s ruling, Meridian police found a third of an ounce of marijuana in Fluewelling’s residence in 2008, but he pled guilty to intention to distribute marijuana, which is a felony and carries stiffer punishment than mere possession.


Fluewelling argued the state law is vague, letting prosecutors decide whether to prosecute for possession or intent to distribute drugs, but Eismann rejected that argument, saying Fluewelling told police he would share the marijuana with friends as a sacrament.

All the more reason why we can consider our republic a failure for tolerating this abuse of logic- to violate one's basic rights of freedom of medicine and diet with onerous statutes with penalties clearly in violation of the 1st, 8th and 9th amendments of the U.S. Constitution- with a great many legislative members and judges belonging in prison. About 'Justice' Eismann:

http://www.isc.idaho.gov/jeismann.htm


In 1995, Governor Batt appointed Chief Justice Eismann as a district judge in Ada County. Convinced that there must be a more effective way to deal with the burgeoning drug problem, Chief Justice Eismann began working to set up a drug court in Ada County. In 1998, Ada County was awarded a federal grant, and in February 1999, the drug court began receiving participants. Chief Justice Eismann presided over that drug court until just prior to taking office as a Justice of the Idaho Supreme Court. The Ada County Drug Court is proving effective in getting addicts off drugs so that they can restore their lives, rebuild their family relationships, and become productive members of the community. In 1998, the other district judges elected Chief Justice Eismann as the Administrative District Judge for the Fourth Judicial District, consisting of Ada, Boise, Elmore, and Valley Counties. While a district judge, he also served on the Ada County Domestic Violence Task Force.


Eismann at right, shaking hands with Idaho Law School Dean

9 comments:

avles said...

Recently in Slovenia a big campaing of arrests for people who were cultivating the marijuana. Only Holland resists in EU, if i am not wrong.

Douglas A. Willinger said...

Could that be due to Holland's Protestant tradition of tolerance?

Or?

Recall that supposedly Lutheran Sweeden is firmly for this cigarette-pharma mercantilism, and do note the list of nations that signed on to the U.S./Georgetown ban on Coca leaves.

Douglas A. Willinger said...

http://www.druglawreform.info/index.php?option=com_flexicontent&view=items&id=1042:opposing-the-coca-chewing-amendment&Itemid=99

In two weeks time, on January 31, the deadline ends for countries to present objections to this change; without any objections the amendment would automatically enter into force. And at this very last moment, the United States formed a “friends of the convention” group and announced it would object. Several other countries – notably the Russian Federation, Japan, Colombia, France, Germany, the United Kingdom, Italy, Sweden, Bulgaria, Denmark and Estonia – have announced to present a formal objection as well. The exact arguments are yet to be known, but most likely bear no relation with the protection of the coca chewing population against the dangers of drugs abuse. The first case of intoxication of a person by consuming coca leafs is yet to be reported in the world, being more probable the fact it has brought benefits upon their health and their sense of identity and community.

avles said...

But don't forget the ideological/religious sign of such battles, which is a Roman Catholic one. I.e. Rome exploits a condition of servilism of South America for her agenda. Not for a case "marijuana" contains the word "Mary", for this reason it should be previously done a decodification of the religious Counter Reformation significance which is monopolizing this topic.

avles said...

This is another argument to investigate:

--------------------------------
Sweden remained officially neutral during World War I and World War II, although its neutrality during World War II has been disputed.[57][58] Sweden was under German influence for much of the war, as ties to the rest of the world were cut off through blockades.[57] The Swedish government felt that it was in no position to openly contest Germany,[59] and therefore made some concessions.[60] Sweden also supplied steel and machined parts to Germany throughout the war. However, Sweden supported Norwegian resistance, and in 1943 helped rescue Danish Jews from deportation to concentration camps. Sweden also supported Finland in the Winter War and the Continuation War with volunteers and materiel.
--------------------------------

http://en.wikipedia.org/wiki/Sweden#World_Wars

avles said...

And this is another one.

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Evangelical Church of Augsburg Confession in Slovenia
...........
Im Herzogtum Krain wurde die evangelische Kirche im 16. Jahrhundert gegründet, als der slowenische Reformator Primož Trubar als Erster Martin Luthers Katechismus sowie Teile des Neuen Tes.....
http://de.wikipedia.org/wiki/Evangelische_Kirche_Augsburgischen_Bekenntnisses_in_Slowenien
-------------------------------

blah blah blah......

avles said...

Pardon, here the translation:


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In the Duchy of Carniola, the Protestant Church in the 16th Century was founded as the first Slovenian Primož Trubar Martin Luther's catechism, and parts of the New Testament
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avles said...

Today's Evangelical Church of Augsburg Confession in Slovenia was organized on the basis of a statute of 1977 new and is a member of the Lutheran World Federation and European churches in the ecumenical conference.
http://de.wikipedia.org/wiki/Evangelische_Kirche_Augsburgischen_Bekenntnisses_in_Slowenien
---------------------------------

avles said...

The Lutheran World Federation/Lutherischer Weltbund - WHO/THROUGH WHOM IS CONTROLLING/CONTROLLED?

--------------------------
Präsident Munib Younan
Generalsekretär: Ishmael Noko
Gründungsjahr: 1947
Mitgliedskirchen: 145
Mitglieder: 70,1 Millionen
Anschrift: 150, Route de Ferney
1211 GENF 2
SCHWEIZ
.................
President Munib Younan
General Secretary: Ishmael Noko
Year: 1947
Member churches: 145
Members: 70.1 million
Address: 150, route de Ferney
1211 GENEVA 2
SWITZERLAND
http://de.wikipedia.org/wiki/Lutherischer_Weltbund
----------------------------