St Louis, MO asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Criminal Law for Missouri

Q: question

how can they arrest me for possession of a drug when i am supposedly a free united states citizen & to arrest me of such charges is treason we have 2 declarations of war 1st one is by jfk which he told us that we was at a war & the enemy was close at hand practically our next door neighbor & our very way of life is being threated which is our liberty & that unwarranted searches was dangerous which the police & dea conduct alot of by having dogs smell something then searching & probable cause being justification to search which it only gives them the right to now get a warrant & he was going to shut the fed down but got killed while trying to do so then Nixon 2 terms later declares the drug war & puts dea in position to levy war against the united states because as far as i can find they dont answer to the congress but to a presidents appointed administer & it violates my 9th right because it is the freedom of my life to be able to do & have such drugs as the founder fought & died for

2 Lawyer Answers
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: I can understand why you might feel that your rights are being violated, and it's important to critically evaluate how laws and their enforcement impact individual freedoms. In the US, laws around drug possession are enforced based on a variety of federal and state statutes which have been enacted to regulate or control the possession and distribution of various substances. These laws are generally supported by the government's interest in protecting public health and safety.

The Controlled Substances Act (CSA) is a statute establishing federal U.S. drug policy under which the manufacture, importation, possession, use, and distribution of certain substances is regulated. It was passed by the 91st United States Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970 and signed into law by President Richard Nixon.

Regarding your mention of the declarations of war and presidential speeches, it is important to note that speeches and declarations, no matter how strongly worded, do not create law. Laws are established through a process of proposal, debate, and approval by the legislative bodies, and then signed into law by the president. Moreover, while individuals do retain certain unalienable rights, the court systems have consistently upheld the ability of the state to limit individual freedoms to some degree to protect public health, safety, and welfare.

The Ninth Amendment, which you referred to, protects rights not specifically enumerated in the Constitution. However, the courts have generally interpreted this to mean that it is a rule about how to read the Constitution, rather than a source of specific rights itself.

Given your strong feelings on this issue, you might consider seeking legal counsel to understand more about how the laws apply in your specific circumstances and what rights you do have in this area. It might also be beneficial to become involved in advocacy or groups working to change laws around drug possession and enforcement if you feel strongly that they should be changed. Please note that interpretations of constitutional rights are complex and multi-faceted, and it is always recommended to consult with a legal expert to fully understand the nuances involved.

A: Both under federal law and state law, the manufacturer, distribution, possession, and use of certain drugs is illegal. These laws were passed by the duly elected representatives of the people in Congress and in state legislatures, and do not violate either the U.S. Constitution or state constitutions.

If you believe these laws ought to be changed in some respect, you should write your representatives advocating that they be changed. Such efforts have been successful in the past particularly with the popular recreational drug marijuana. Good luck.

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