UPDATED SEP 01, 2024

* Data derived from the world’s only data-driven Marijuana Drug Test Calculator
* Data collection established and ongoing since 2011 (Patent US 13/866,015)

SECTION 00: SUMMARY AND PURPOSE

This is a petition to reaffirm the following Constitutional Amendments within the Bill of Rights for Cannabis Consumers:

• Amendment 4 - Protection from unreasonable Search & Seizures
• Amendment 1 - Freedom of Religion, Speech, and the Press

SECTION 01: END MASS POPULATION DRUG TESTING PROGRAMS

The Fourth Amendment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The Core Issue
Unwarranted Drug Testing violates every person's core Privacy and Due Process Rights set forth by the Fourth Amendment of the Constitution. For decades, it has been used as a tool to justify discriminatory policies against millions of citizens within the United States — especially minorities and people of color.

Brief History
In the 1980s, the Reagan administration began to heavily promote workplace drug testing with "Reefer Madness" mentality and false propaganda. Seemingly over night, drug testing proliferated from safety sensitive jobs to non-safety sensitive jobs. Politicians then created financial incentives for companies to create and enforce the pre-employment drug test — where you are presumed guilty until proven innocent for absolutely no reason. Today, suspicionless drug testing of public high school students takes place and doctors throughout the nation use "medication contracts" to force their patients (many of them veterans) into taking a urine drug test in exchange for medications.

Cannabis Drug Testing Facts
Based on data used to create the Marijuana Drug Test Calculator, it has been determined that the average person who smokes cannabis once has a failure rate of 50% at 12 days. It is also the only substance on the standardized SAMHSA 5 Panel Drug Test (used throughout the country) that can be detected for more than several weeks. This is due to the non-polar, hydrophobic nature of cannabinoids at the molecular level. When consumed, the fatty tissues in our bodies attract and soak up these molecules like a sponge, then slowly release them back into the blood stream over time for metabolization. This, unfortunately, ensures a very long detection window that has been exploited for capital gain. Without drug testing for cannabis, which doesn’t prove if a user was under the influence at the time of the test, the pharmaceutically owned, multi-billion dollar drug testing industry that exists today would collapse.

Ethnic Discrimination and Drug Testing
Ethnic discrimination and drug testing is an issue that needs attention in the United States. After normalizing nearly a decade of our drug test submission data with an Ethnic Population Distribution Report and then cross-referencing with labor force characteristics from the Bureau of Labor Statistics, it has been determined that if you are Black or African-American, then you are nearly 1.3 times more likely to be drug tested for any reason, including random. In some states, people of color are drug tested 3 times more than other ethnic groups. These findings corroborate with the well established fact that on average, a Black person is nearly four times more likely to be arrested for marijuana possession than a White person, even though both groups use marijuana at similar rates.

Alarming Rates of Drug Test Discrimination by State/Ethnicity
Alabama - 0.78 White | 1.33 Black | 2.0 Hispanic
Alaska - 0.89 White | 1.38 Native American
Arizona - 0.89 White | 2.5 Black
California - 1.05 White | 3.0 Black
Colorado - 0.86 White | 2.5 Black
Florida - 0.91 White | 1.5 Black
Indiana - 0.89 White | 1.78 Black
Kansas - 0.89 White | 3.8 Black
Louisiana - 0.79 White | 2.4 Hispanic
Missouri - 0.89 White | 1.91 Black
Nebraska - 0.92 White | 3.0 Black
Oklahoma - 0.95 White | 2.0 Black
Tennessee - 0.88 White | 1.69 Black
Utah - 0.89 White | 5.0 Black
* Information derived from a detailed state-by-state analysis between ethnic groups and drug testing

End Marijuana Drug Test Discrimination
Warrantless drug testing is a violation of the Fourth Amendment with programs that are invasive, unproven, expensive, and discriminatory. With the wave of reformation that is taking place across the nation with the acceptance of cannabis, it is time to uproot the discriminatory practices of the last century and bring an end to cannabis drug testing as a condition of eligibility for employment, school-based extracurricular activities, and medical attention. No one should be punished for using a natural herb that heals and nourishes the mind, body, and soul.

SECTION 02: PROTECT THE SPIRITUAL USE OF CANNABIS

The First Amendment
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

An Entheogen, literally meaning "generating the divine within," is any psychoactive substance that induces a spiritual experience and is aimed at spiritual development.

The Religious Freedom Restoration Act of 1993 (RFRA)
The Religious Freedom Restoration Act of 1993 stands as a seminal piece of legislation in United States Federal Law. It is primarily designed to "ensure that interests in religious freedom are protected." Moreover, it emphasizes that the "government shall not substantially burden a person’s exercise of religion, even if the burden stems from a rule that applies generally."

The following insights pertain to the use of cannabis, focusing particularly on the motivations behind its consumption. When using the Marijuana Drug Test Calculator, participants were asked to select the main reason for their use of marijuana, choosing between Recreational Use, Medical Use, and Spiritual Use:

• Spiritual Use was selected by 26% of respondents.
• Medical Use was chosen by 15% of those surveyed.

These statistics illustrate a compelling trend: one in four people who consume cannabis in the United States asserts that their primary motivation is Spiritual Use. Furthermore, it is noteworthy that in our contemporary 21st-century society, more individuals are engaged in the Spiritual Use of cannabis than in its Medical Use.

Spiritual Use > Medical Use

The use of cannabis in various religious practices possesses a rich and storied history, dating back to spiritual texts from 3000 BCE and beyond. It has been acknowledged as an entheogen by an array of spiritual leaders throughout the ages, encompassing figures as diverse as the Dalai Lama, Shiva, Buddha, Jesus, Rastafari, and many others spanning past, present, and future generations.

Under the auspices of the Religious Freedom Restoration Act (RFRA), evidence abounds within the United States that millions continue to exercise their right to utilize cannabis as part of their spiritual observance—a practice that has remained steadfast for millennia.

The RFRA, with a broad scope, applies "to all Federal law, and the implementation of that law, whether statutory or otherwise." This includes any Federal statutory law enacted subsequent to the RFRA's date of signing, reaffirming its role as an "act to protect the free exercise of religion."

For many, cannabis is more than a substance — it's a sacrament.

SECTION 03: EXERCISE YOUR CONSTITUTIONAL RIGHTS

In the United States, the majority of states, along with the District of Columbia, have embraced progressive legislation regarding marijuana, reflecting a growing recognition of its varied applications.

Cannabis has been celebrated as both an entheogen and sacrament for thousands of years. The use of this ancient sacrament is not merely a cultural practice but a Spiritual Right protected under the First Amendment. It empowers individuals to explore and embrace cannabis within the sanctuary of their homes, surrounded by friends and family, in pursuit of spiritual growth and personal enlightenment.

The warrantless drug testing carried out by governmental authorities stands in stark contrast to these freedoms. Such invasive measures not only infringe upon the Fourth Amendment but also impose an undue burden on an individual's ability to explore spirituality and religion. This burden, resulting from an unconstitutional rule with general applicability, calls into question fundamental liberties.

By invoking the Religious Freedom Restoration Act (RFRA), individuals can take a stand to preserve not only their Constitutional Rights but also their very essence and soul.

It is time to send a clear message to the Government: Discrimination, drug testing, and punishment for using a natural plant is unacceptable. Especially when it's an herb revered for its ability to heal and nourish the mind, body, and spirit. This stance not only supports personal freedoms but also upholds a tradition that recognizes the profound connection between humanity and the natural world.

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