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End Prohibition Court Case Fund

$125 of $9,000 goal

Raised by 6 people in 36 months

Intro Video below.
Disabled Navy, Vietnam Veteran is seeking Contributions to aid in offsetting the cost of NEW FEDERAL, Civil Court Action. 
He Is Demanding A Jury Trial in Arkansas FEDERAL Court due to the original case being DISMISSED by the  District Court, DENYING him his RIGHT to a "Constitutional Question" Civil Court Case!

NOTE: These are NOT tax deductible and you can remain anonymous. Thank You!

I am attempting to raise the funds needed to cover the cost of this case on my own. I was unable to find an attorney that will do this at a cost I could afford and in the meantime THOUSANDS are loosing there LIVES every YEAR!
I Filed the original case in Arkansas District Court in November 2016, a "Constitutional Question" challange, THE FIRST of its kind that has EVER BEEN FILED anywhere in the US, as this is a "Facial Case" not  an "As Applied Case" as it relates to “Cannabis”, AKA Marijuana.
The powers that be, have for decades been supressing the true information on this issue. It is about time we made the change.
“It’s about the CITIZENS losing their right to safe medicine and our farmers to grow a product that is currently being IMPORTED from foreign countries.

“We need to end prohibition on the plant period,”

This is a challenge to existing law on the basis of it being unconstitutional. The filing fee, along with legal expenses is estimated to be about $9,000.00 based on estimated time and filing fees and witness costs.
I am asking that you assist with a contrabution equal to a cup of coffee at StarBucks or your favorite Eneregy Drink.

It is TIME TO END THE MADNESS!

As a DAV I do not have the funds needed for this effort which will lead to changes nation wide. At the very least it WILL bring to light the legal issues with this plant that cannot be hidden from the public.

Our Veterans die to "Protect and Defend" our Constitution, while our "Elected Represenatives", who take an "Oath" to support it, just legislate it away!

How long are you going to let this continue?

If you decide to support this effort you CAN remain PRIVATE and confidential.  If you would like your support known, in the comment section type "yes"!

HISTORY OF COURT CASE
February 14, 2017

Disabled Navy Vietnam Veteran Demands Jury Trial in Arkansas Marijuana Constitutional Question Civil Court Case, Filed in Van Buren County Circuit Court, Clinton Arkansas! Case # 71CV-16-189


-- This Arkansas Court Case, a "Constitutional Question" is the first of it's kind ever filed in the United States as a "Facial Case" and is a civil action seeking to END CANNABIS/Marijuana PROHIBITION and protect his 2nd Amendment Rights in Arkansas and was filed Nov. 30, 2016. --

    Case # 71CV-16-189
Reed v The State of Arkansas; Leslie Rutledge, Arkansas Attorney General, in her official official capacity as the chief law enforcement/legal officer and lawyer for the State of Arkansas.

This Arkansas Court Case, a "Constitutional Question" is a civil action seeking to END CANNABIS/Marijuana PROHIBITION and protect Mr Reeds 2nd Amendment Rights in Arkansas and was filed November 30, 2016 with THE 20TH JUDICIAL DISTRICT CIRCUIT COURT OF ARKANSAS, located in Clinton Arkansas.

Mr Reed personally delivered the filing of the action to the Governor of Arkansas's Chief Counsel, Mr Justin Tate the following day, December 1, 2016 at the office of the Governor in Little Rock.

Robert Reed is a well known Disabled Veteran, "Cannabis Activist", producer of Talk Cannabis and Politics in Arkansas and is acting as his own counsel in this matter, as he was unable after two years to find legal representation that he could afford. He has named his action the "Cannabis Court Challenge" with #ArCCC.

Mr Reed has been politically active in Arkansas for well over a decade and has held the office of Vice and State Chair of the Arkansas Libertarian Party, LP Candidate for Arkansas House in 2016, was the 1st registered citizens "Cannabis Lobbyist" in Arkansas, spokesperson for Arkansans Medical Cannabis, author of the "Arkansas Hemp and Cannabis Amendment" for 2014 and 2016 and former radio host of the Cannabis News and Information radio program that aired weekly for almost two years on KABF 88.3 FM, Little Rock.

Mr Reed has for the last 6 years actively addressed the Arkansas General Assembly on the Cannabis Issue in Arkansas with no meaningful progress being made. He has stated on numerous occasions in committee meeting, and to the media that the statement "Cannabis use, possession, and distribution for any purpose remain illegal under federal law" is not only FALSE but misleading!

His Court Challenge contends that Arkansas State law/s specifically, Arkansas Code:

Title 5 - Criminal Offenses; Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 64 - Controlled Substances; Sub-chapter 1 - Uniform Controlled Substances Act;
as it pertains to the use, possession, and distribution of "Cannabis" and its use for "Medical" or any other purpose, are not only illegal, but violate the "Supremacy Clause" of the United States Constitution, and that REQUIRING him to possess ONLY prescriptions issued by a doctor who has a practice in Arkansas is a violation of his Civil Rights.

Below is a brief summary of the issues listed in the Court filings.

1. Arkansas code definition of "Marijuana" is in conflict with Federal Code, which is a violation of the U. S. Constitution Supremacy clause.

2. Only one (1) Cannabis plant is defined by federal statute Title 21 USC, therefore all other Cannabis plants with the exception of Cannabis Sativa L are legal for any purpose by omission.

3. Under Title 18 there is no mention of any legally obtained prescription for a controlled substance being grounds for restricting the possession or purchase of a weapon, a right guaranteed by the 2nd Amendment of the U. S. Constitution. Possession of Medical Cannabis (aka Marijuana), with a Doctors Order or Recommendation DOES NOT negate his 2nd Amendment Rights under the U.S. Constitution!

4. The United States Government has legalized the medical and recreational use of "Marijuana" in the District of Columbia, under their control and authority but deny the plaintiff, a U. S. Citizen and resident of Arkansas the same privilege they granted to a district of the United States.

5. Under current enforcement of Arkansas Title 5 and Title 21 USC, the plaintiff is barred from growing the agricultural commodity "Hemp" of which 98% of all hemp products consumed in the United States are imported thus denying him the opportunity of financial gain.

6. Under the current enforcement policy of local, state, and federal authorities as it pertains to Cannabis aka "Marijuana", compared to the "letter of the law" and due to ambiguities between State and Federal code/statutes the plaintiff is being denied his Constitutional Rights in whole or in part, which are guaranteed to him by the Arkansas Constitution and the Constitution of the United States.

Website: http://www.TcandP.com
Website Court Page: http://bit.ly/2lBkaje
Federal Code Information: http://www.title21usc.com

For comments or questions:
Email CanEd@email.com

Talk Cannabis and Politics has been informing the public for over a decade on the REAL FACTS of Cannabis/Marijuana as it applies to Rules, Regulations, History and Legislation.

# # #
Website: http://www.TCandP.com

This News Release can be viewed online at: http://www.24-7pressrelease.com/press-release-service/434433

The origional COMPLAINT is at the end of this page and on the website along with Face Book.


Talk Cannabis and Politics website




Talk Cannabis and Politics



IN THE 20TH JUDICIAL DISTRICT

CIRCUIT COURT OF ARKANSAS

Case # 71-CV-189

Robert L Reed

Plaintiff,

v.

THE STATE OF ARKANSAS,

Defendant.

________________________________________________________________

COMPLAINT

________________________________________________________________

INTRODUCTION

1. The Manufacturing, Delivering, or Possessing of the controlled substance, Cannabis (Marijuana) is regulated in Arkansas by;

Arkansas Code Title 5 - Criminal Offenses Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare Chapter 64 - Controlled Substances.

2. The Manufacturing, Delivering, or Possessing of the controlled substance, Cannabis (Marijuana) is regulated by federal law;

Title 21 United States Code (USC) Controlled Substances Act 21 U.S.C.
United States Code, Title 21 - FOOD AND DRUGS
Chapter 13 - Drug Abuse Prevention and cControl

3. The current enforcement and penalties authorized by State and Federal codes as it concerns CANNABIS (Marijuana) are in conflict, a violation of Article VI, Section 2, of the U. S. Constitution, also referred to as the Supremacy Clause. This is in violation of the Plaintiffs Civil Rights guaranteed to him under the United States Constitution and the Arkansas Constitution to wit:

Article 2 Deceleration of Right;

§ 2. Freedom and independence. All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property, and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

§ 5. Right to bear arms. The citizens of this State shall have the right to keep and bear arms, for their common defense.

§ 8. Criminal charges —Self-incrimination—Due process—Double jeopardy -Bail

Page 1

“…...nor shall any person be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law…...”

§ 21. Life, liberty and property —Banishment prohibited.

No person shall be taken, or imprisoned, or disseized of his estate, freehold, liberties or privileges; or outlawed, or in any manner destroyed, or deprived of his life, liberty or property; except by the judgment of his peers, or the law of the land;

4. In this facial challenge, Plaintiff seeks preliminary and permanent injunctive relief, as well as a declaratory judgment that the challenged provisions of the Arkansas Code cannot be enforced.

5. In this facial challenge, Plaintiff ask this Court for an emergency temporary restraining order to preserve his rights, and the rights of others, as it pertains to the possession of Cannabis (Marijuana) within the legal boundaries of this state.

Plaintiff also seeks a preliminary and permanent injunction, as well as declaratory relief.

JURISDICTION AND VENUE

6. This action arises under the Constitution and laws of the United States, including

42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331 and 1343.

7. This action also includes claims for relief that are based on the Arkansas Constitution. These claims are based on the same nucleus of operative facts and are so related to

the federal-law claims that they form part of the same case or controversy. This Court has

jurisdiction over the supplemental state-law claims pursuant to 28 U.S.C. § 1367.

8. This Court has jurisdiction to issue the declaratory relief requested pursuant to the

Declaratory Relief Act, 28 U.S.C. §§ 2201, 2202.

9. Venue is proper in the District of Arkansas pursuant to 28 U.S.C. § 1391(b). The

Defendant resides within the District of Arkansas.

PARTIES

Plaintiff

10. Plaintiff Robert L Reed is a resident of Dennard, Arkansas who is encumbered by regulations restricting his guaranteed rights and civil liberties as a citizen as defined by the Constitution of Arkansas and existing regulations prohibit this ability to conduct agricultural and manufacturing commerce activities or to utilize Cannabis in any form. Also under existing Arkansas Law, there is no direct or implied protection and it is unlawful for him to obtain ANY “controlled” substance if his Doctor is not a practicing physician located within the state of Arkansas.

DEFENDANT

11. Defendant State of Arkansas. It has adopted and enforced the state statutes that are challenged in this case.

12. All actions and inaction’s of the Defendant described herein are carried out under color of state law.

Page 2

THE CHALLENGED STATUTES

13. Arkansas Code, Title 5 - Criminal Offenses, Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare, Chapter 64 - Controlled Substances

14. Subchapter 1 - Uniform Controlled Substances Act -- Definitions
§ 5-64-101 – Definitions.
15. Subchapter 2 - Uniform Controlled Substances Act -- Designation of Controlled Substances
§ 5-64-215 - Substances in Schedule VI.

16. Subchapter 5 - Uniform Controlled Substances Act -- Enforcement and Administration
§ 5-64-505 - Property subject to forfeiture - Procedure - Disposition of property.
FACTUAL ALLEGATIONS

17. The Plaintiff contends that the issue before the court stems from the frequently used phrase that " Marijuana possession or use for any reason is illegal under federal law” is not only false, it is misleading as there exists conflicts with existing state and federal statues.

Plaintiff is a resident of VanBuren County, Dennard, Arkansas, is a Disabled Veteran who currently owns approximately 116 acres of property in said county. The existing regulations do not afford him the possibility of planting a Cannabis Crop (Hemp) due directly to Arkansas State statutes even though “HEMP” (Cannabis Sativa L.) is defined by the United States Department Of Aquaculture, a Federal Agency, as an “Agricultural Commodity”. HEMP is recognized by the Internal Revenue Service and U. S. Customs as such and and excise taxes are placed on all imports to the United States. This alone hinders his opportunity to better his economic status.

Furthermore, the same statues does not afford him the choice of a possible medical alternative, compared to currently approved FDA drugs which are being prescribed by the Veterans Administration, or for that matter allow him recreational use in the same manner as alcohol.

18. Plaintiff sees the issues as follows;

a. The Plaintiff contends that citizens are held accountable to the "letter" of the law or statute as the case may be, as published, not the "intention" of said law or statute.

b. The plaintiff contends that if there is no "letter of law", there can not be a violation of a law or statute based on the "intent" of an "existing" law or statute.

c. Plaintiff contends that the Arkansas Uniform Controlled Substances Act as currently written and enforced is in violation of the "supremacy clause" of the Constitution of the United States as ratified and his Civil Rights;

1. The Federal Code TItle 21 USC contains five (5) schedules for "controlled substances". Arkansas code annotated contains six (6).

2. Under Title 21 "Marijuana" is a schedule one (1) Drug

Page 3

Under the Arkansas Title 5 "Marijuana" is a Schedule six (6) drug and is not listed in schedule one (1) of the statute as per Title 21 USC.

3. Under Title 21 SUBCHAPTER I — CONTROL AND ENFORCEMENT, Part D — Offenses And Penalties

§844. Penalties for simple possession

(a) Unlawful acts; penalties
“It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter. …….”

Plaintiff contends that the word "UNLESS" clearly allows for the legal possession and use of “marijuana" as no exceptions are noted for any specific drug.

(a) Arkansas Title 5 contains no protections for the possession and use of ANY "controlled substance" regardless of how it was obtained as there is no established protection clause in the existing statute . Plaintiff contends therefore, without such a clause that all controlled substances are currently illegal to possess within the legal boundary’s of the State regardless of how they were obtained.

4. There are conflicting definitions of "Marijuana";

At issue at the federal level;

(a) Title 21 defines the word "marijuana" as the plant Cannabis Sativa L".

(b) U S D A 1. Schedule one drug "Cannabis Sativa L. 2. HEMP, both with the same description “Cannabis Sativa L.

(c) Internal Revenue Service receives an import tariff tax on HEMP, “Cannabis Sativa L”.

(d) The Arkansas Code defines the word "marijuana" as " (i) Any part and any variety or species, or both, of the Cannabis plant “.

PLAINTIFF CONCLUSIONS

1. (a) Arkansas Title 5 as it pertains to the definition of the "word", "Marijuana" is in conflict with the USC Title21 a violation of the U S Constitution and the Supremacy clause.

(b) The Federal Title 21 USC does not define any difference between a Schedule one drug, “Marijuana” and the Agricultural product/commodity (HEMP), both have identical definitions, “Cannabis Sativa L.”

(c) The Genies Cannabis, comprises three (3) distinct genus, Cannabis Sativa, Cannabis Indica and Cannabis Rudilias , all with numerous species, none of which are listed in the Title 21 USC as a controlled substance, but by reference are covered as schedule six (6) Controlled substance under Arkansas Code, Title 5. Page 4

(d) To possess certain parts, compounds, or products obtained from the cannabis plant (Marijuana) are legal under both the State and Federal code, however for the plaintiff to grow the plant to obtain such products/compounds is illegal under current statutes. For clarification plaintiff submits the following;

(1)If “corn flakes” are a legal product, but it is unlawful to plant and grow the corn, how do you get "corn flakes"?

(2) The following is not considered "marijuana" under both State and Federal Codes, “the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. “

(3) Arkansas Title 5 requiress that all prescriptions possessed by plaintiff must be prescribed by a doctor in Arkansas as there is no exception listed in Arkansas code 5-64-419.

(4) The Arkansas Code Title 5-Asset Seizure as it pertains to "Marijuana" and civil forfeiture, is a violation of the plaintiffs Constitutional Rights and Civil Rights, as it does not require a “conviction of a crime” to have his assets/property seized by the State Of Arkansas.

(g) The possession of a weapons by persons who have the legal right to buy or posses a weapon are not barred from purchasing or possessing such weapons if they are in possession of any valid prescription recommendation or order. (Ref Title 21 USC.)

(1) As no Cannabis plant other than Cannabis Sativa L. is "defined" by sec of Title 21 USC as "Marijuana", any other Genius Cannabis or species of Cannabis Sativa L. are legal to possess and use under the current "letter" of the law by omission.

(h) The United States Congress by their actions or inaction’s have legalized the medical and recreational use of “Marijuana” for the District of Columbia over which they have control.

CONCLUSIONS

1. Arkansas code definition of "Marijuana" is in conflict with Federal Code, which is a violation of the U. S. Constitution Supremacy clause.

2. Only one (1) Cannabis plant is defined by federal statute Title 21 USC, therefore all other Cannabis plants with the exception of Cannabis Sativa L are legal for any purpose by omission.

3. Under Title 18 there is no mention of any legally obtained prescription for a controlled substance being grounds for restricting the possession or purchase of a weapon, a right guaranteed by the 2nd Amendment of the U. S. Constitution.

4. The United States Government has legalized the medical and recreational use of "Marijuana" in the District of Columbia, under their control and authority but deny the plaintiff, a U. S. Citizen and resident of Arkansas the same privilege they granted to a district of the United States.

Page 5

5. Under current enforcement of Arkansas Title 5 and Title 21 USC, the plaintiff is barred from growing the agricultural commodity "Hemp" of which 98% of all hemp products consumed in the United States are imported thus denying him the opportunity of financial gain.

6. Under the current enforcement policy of local, state, and federal authorities as it pertains to Cannabis aka “Marijuana", compared to the "letter of the law" and due to ambiguities between State and Federal code/statutes the plaintiff is being denied his Constitutional Rights in whole or in part, which are guaranteed to him by the Arkansas Constitution and the Constitution of the United States.

REQUEST FOR RELIEF

Plaintiffs respectfully request the following relief:

1. A declaratory judgment holding that the challenged provisions of the Arkansas statutes

violate the United States Constitution and the Arkansas Constitution.

2. A temporary restraining order, preliminary injunction, and permanent injunction prohibiting Defendant from enforcing the challenged provisions of the Statute.

3. Award other relief as this Court may deem just and proper.

DATED this 30th NOVEMBER 2016

_________________________________________

Robert L Reed

295 Elan trail

Dennard, Arkansas 72031

rreed@email.com

"pro se." (propria persona)

















































Page 6
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+ Read More
Do you need any MORE reasons to #EndTheMadness? Defying Congress, Jeff Sessions Keeps Blocking Medical Marijuana Research
Two years after accepting applications, the DEA has yet to grant licenses to growers. https://reason.com/blog/2018/07/05/jeff-sessions-continues-to-sabotage-much
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People are still DYING and this is not yet in-court. What does it take?
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Request for a Jury Trial has been submitted for this case.
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Read a Previous Update
Vickie Jackson
35 months ago
1
1

Arkansas has decided to take away our freedom of speech. If you don't allow us the right to vote then you are taking our constitutional rights away and that is not right. We should have just as much rights as anybody else. No matter if we are for this or against this we should still have the right to vote on it.

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$125 of $9,000 goal

Raised by 6 people in 36 months
Created July 24, 2015
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JS
$50
Jeffrey Schlagle
4 months ago

I am retired Air Force and 100% disabled vet. I know that marijuana has healing properties and is safer then what I get from the V.A..

$25
Anonymous
20 months ago
$5
Anonymous
36 months ago
Vickie Jackson
35 months ago
1
1

Arkansas has decided to take away our freedom of speech. If you don't allow us the right to vote then you are taking our constitutional rights away and that is not right. We should have just as much rights as anybody else. No matter if we are for this or against this we should still have the right to vote on it.

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