Protect the US Constitution for Cannabis Consumers
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SECTION 00: SUMMARY AND PURPOSE
This is a petition to reaffirm the following US 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."
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. Since the 1980s, when the Reagan administration began to heavily promote workplace drug testing with false propaganda, it has proliferated from safety sensitive jobs to non-safety sensitive jobs to pre-employment job testing to suspicionless drug testing of public high school students to mandatory drug testing of applicants for public benefits. All of this based on false propaganda.
Based on data submitted through our Marijuana Drug Test Calculator (Patent US 20140316710 A1), the average person who just smokes cannabis once, regardless of any other factors, has a failure rate of 50% at 13 days. Cannabis is the only substance that can be detectable for several weeks at a time, as it is fat soluble. Almost all other substances are water soluble, and therefore are only detectable in the body for a few days.
Drug testing programs are invasive, unproven, and expensive. Several courts have ruled the following:
- In the case of Marchwinski v. Howard, where Temporary Assistance for Needy Families (TANF) programs in Michigan attempted to drug test welfare applicants, the federal district court ruled that, "suspicionless drug testing is unconstitutional if there is no showing of a special need, and that the special need must be grounded in public safety." Furthermore, "mandatory drug testing for welfare application is not a special need grounded in public safety that would justify a suspicionless search."
The court also warned that, "suspicionless drug testing would set a dangerous precedent for those who receive governmental benefits of any kind", such as student loans, public education, and health benefits.
- In the Lebron case involving Florida Statute Section §414.0652, which requires all new welfare applicants to submit to a drug test, the Eleventh Circuit Court of Appeals concluded that Florida "has not demonstrated a substantial special need to carry out the suspicionless search - we see no concrete danger, only generalized public interests." And that, "drug-testing programs are not well designed to identify whether or not drug use will affect employability, endanger children, or drain public funds."
Finally, the court ruled that the state could not alleviate constitutional concerns by requiring consent from applicants by conditioning their receipt of welfare benefits on passing drug tests. The court stated, "We respect the State's [Florida] overarching and laudable desire to promote work, protect families, and conserve resources. But, above all else, we must enforce the Constitution and the limits it places on Government. If we are to give meaning to the Fourth Amendment's prohibition on blanket government searches, we must - and we do - hold that §414.0652 crosses the constitutional line."
Without drug testing for cannabis, which doesn’t prove if a user was under the influence at the time of the test, the multi-billion dollar drug testing industry that exists today would collapse. Read more about the for profit drug testing industry:
- Example 01 - Where the American Civil Liberties Union put it bluntly: "Blanket drug testing with no individualized reason for suspicion is unconstitutional"
- Example 02 - Where private prisons, law enforcement, and Big Pharma lobby for more restrictive laws, when public support of marijuana legalization is at an all time high
- Example 03 - Where the drug test industry comes in at #4 when it comes to getting rich off of the "War on Drugs"
- Example 04 - Where more than half of the US states have legal cannabis laws, yet more and more people are being drug tested (without reason)
- Example 05 - Where drug test industry profiteers are targeting high school students, welfare applicants and the unemployed (for your tax dollars)
- Example 06 - Where the government only gives contracts to companies that promote warrantless drug testing practices
Random drug testing violates everyone's privacy and can cause irreparable damage to the delicate relationships between teenagers, employees, parents, and employers.
It is time to bring an end to mandatory drug testing as a condition of eligibility for employment, school-based extracurricular activities, and unemployment benefits.
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."
Results: These findings are based on data derived from the world's only Marijuana Drug Test Calculator (Patent US 20140316710 A1), which graphs the probability of when a cannabis user will pass a urine drug test:
- Presented as reasons why people used marijuana during the year of 2016, respondents were given a choice between Recreational Use, Medical Use, and Spiritual Use
- 23% of the respondents chose Spiritual Use
- 15% of the respondents chose 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. For further clarification, more people use cannabis for Spiritual Use than they do for Medical Use. Yes, today in the 21st Century.
Spiritual Use > Medical Use
Cannabis use within religion has been traced back to Spiritual Texts dating 3000 BCE and beyond, and is recognized as an entheogen by Spiritual Leaders throughout history - from the Dalai Lama, Shiva and Buddha, to Jesus and Rastas, and through everyone else in between then, now, and in the future.
Granted protections by the Religious Freedom Restoration Act, there is undeniable evidence that within the United States, millions of people exercise their right to use cannabis in their religious practice - just as they have done so for thousands of years prior.
The RFRA 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 our sacrament. It brings us closer to ourselves and others. It is our fountain of health, our love, curing us from illness and depression. We embrace it with our whole heart and spirit, individually and as a group. Acknowledge us.
SECTION 03: INVOKE YOUR CONSTITUTIONAL RIGHTS
The majority of US states and the District of Columbia have some type of proactive marijuana law.
Cannabis is an entheogen and sacrament that has been used for spiritual and religious development for thousands of years. This sacrament 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.
Warrantless drug testing by the government violates your Fourth Amendment and is a substantial burden on a person's exercise of spirit and religion - which is a burden resulting from an unconstitutional rule of general applicability. Invoke the Religious Freedom Restoration Act and fight for your soul.
Let the Government know that they are not allowed to discriminate, drug test, and punish people for using a natural plant that heals the mind, body, and spirit.
List of Supporters:
Founder & CEO | Marijuana Central & Drug Test Calculator
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