Protect the Constitutional Rights of Cannabis Consumers

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All data has been derived from the world’s only Marijuana Drug Test Calculator (Patent US 13/866,015)
Data collection has been ongoing since 2011

OVERVIEW: SUMMARY AND PURPOSE

This is a Petition to Protect the Bill of Rights within the United States Constitution for Cannabis Consumers.

SECTION 01 - Protection from Unreasonable Search & Seizure
SECTION 02 - Emancipate the Spiritual Use of Cannabis
SECTION 03 - Invoke Your Constitutional Rights

SECTION 01: BRINGING AN END TO 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."

Cannabis Drug Testing Facts
Based on our data and research, 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, and 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 six billion dollar drug testing industry that exists today would collapse.

The Core Issue
Drug testing violates every person's core Privacy and Due Process Rights set forth by the Fourth Amendment of the Constitution. These programs have increasingly been used to justify discriminatory policies against people who use cannabis - especially minorities and people of color. In the 1980s, the Reagan administration began to heavily promote workplace drug testing with the same type of false propaganda that is being used to manipulate the public today. Drug testing proliferated from safety sensitive jobs to non-safety sensitive jobs in a short amount of time. After stealing the public's trust with engineered lies and false claims, politicians created financial incentives for companies to create and enforce the pre-employment drug test - where you are presumed guilty until proven innocent for no reason. Today, suspicionless drug testing of public high school students takes place and now doctors throughout the nation are using "medication contracts" to force their patients (many of them veterans) into taking a urine drug test in exchange for medication. Make no mistake about it, there is no end in sight when it comes to finding an excuse to drug test someone.

A Racial Look at Drug Testing
Racial discrimination and drug testing is running rampant. After normalizing five years 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 1.4 times more likely to be drug tested for any reason, including random. 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. Hispanic and Latino people are 1.3 times more likely to be drug tested while on probation. Further information about the racial breakdown of drug testing can be found here.

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)
This is a United States Federal law that "ensures that interests in religious freedom are protected" and that the "government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability."

Reasons Why People Use Cannabis Facts
When people use the Marijuana Drug Test Calculator to determine when they'll pass a drug test, they are also given the option to choose why they use cannabis. These are the details:

  • Respondents were given a choice between Recreational UseMedical Use, and Spiritual Use
  • 23% of the respondents chose Spiritual Use
  • 15% of the respondents chose Medical Use
  • Spiritual Use > Medical Use

For clarification, this means that one out of four people who consume cannabis in the United States claim that they do so primarily for Spiritual Use - even when given the option to choose Recreational Use. It is also important to realize that there are more people using cannabis for Spiritual Use than there are people using cannabis for Medical Use. Although Recreational Use garnered the remaining 62% of the respondents, it should be known that this is a term that mass media created in order to cause public confusion. In a world where "recreational use" continues to be demonized while thieving pharmaceutical companies champion and promote the medical use of cannabinoids, it begs the question: Where do the spiritual consumers and their leaders stand?

Cannabis use within religion has been traced back to Spiritual Texts dating 3000 BCE and beyond, and is recognized as an entheogen by countless Spiritual Leaders throughout history - from the Dalai Lama, Shiva, Buddha, to Jesus and the Rastas, by many more since then and now, and by the Spiritual Leaders that will inevitably exist in the future. There is undeniable evidence that within the United States, millions of people exercise their right to use cannabis in their spiritual practice. It must be acknowledged that these people are granted protections by the Religious Freedom Restoration Act which applies "to all Federal law, and the implementation of that law, whether statutory or otherwise" including any Federal statutory law adopted after the RFRA's date of signing as an "act to protect the free exercise of religion."

Cannabis is a sacrament that has been used as a tool for spiritual enlightenment in religion for thousands of years. And as a sacrament, it is protected by the First Amendment. It is the people's right to be able to use cannabis within the privacy and safety of their friends, family, and homes.

CALL TO ACTION: INVOKE YOUR CONSTITUTIONAL RIGHTS

Warrantless drug testing is a violation of the Fourth Amendment with programs that are invasive, unproven, expensive, and discriminatory. Not only that, when it's applied to an entire nation through pre-employment drug testing and by other dragnet testing programs, it becomes a burden to the free exercise of spirit and religion to the millions of people living in that society. This is a clear violation of the First Amendment. Additionally, because this is a burden resulting from an unconstitutional rule of general applicability, it is also protected by the Religious Freedom Restoration Act.

With the wave of reformation that is taking place across the nation with the acceptance of cannabis, it is time to uproot the discriminatory drug testing practices of the 1980s 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 the mind, body, and soul.

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