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I thought I would mention this so everyone can understand the world a little better.
The first Molecule to ever be Isolated from a plant, and put into the "Scientific Literature" was Coniine. And the first Molecule ever Synthesized was Urea in the early 1800s. Then in 1898 Cocaine was synthesized, and the study of Cocaine launched Science forward the same way the discovery of DNA did, then Bayer invented Heroine. And everyone knows about Coca Cola being part of this, and Cocaine being the mechanism that created American Advertising, up until the 1970s there were Commercials for Cocaine Paraphernalia on TV; and they made a law about it in the 70s. Then in the 40s-50s LSD changed Science again, just like the discovery of DNA. And now we have Maps of the Serotonin Receptors from David E Nichols, and classifications of Chemicals, and now even the US Government, who is usually years behind in legislating technology, has detailed lists of Molecules, and knows about "Isomers" and all kind of stuff that they had no clue about for the longest time (which they mainly learned by watching Sasha Shulgin). That is how we got where we are with Organic Chemistry. Before that, all of these were Religious Rituals.
The American Declaration of the Rights and Duties of Man
Article 13- Right to the Benefits of Culture
Every person has the right to take part in the cultural life of the community, to enjoy the arts, and to participate in the benefits that result from intellectual progress, especially scientific discoveries. He likewise has the right to the protection of his moral and material interests as regards his inventions or any literary, scientific or artistic works of which he is the author.
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New Branches do not lose Status; and Decisions made in Hierarchical Religious Structures are Binding in Civil Court
(via Presbyterian Church v. Hull Church 393 U.S. 440 (1969))
“The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. . . . All who unite themselves to such a body [the general church] do so with an implied consent to [its] government, and are bound to submit to it. But it would be a vain consent, and would lead to the total subversion of such religious bodies, if anyone aggrieved by one of their decisions could appeal to the secular courts and have them [sic] reversed. It is of the essence of these religious unions, and of their right to establish tribunals for the decision of questions arising among themselves, that those decisions should be binding in all cases of ecclesiastical cognizance, subject only to such appeals as the organism itself provides for."
Meaning of the Phrase: Sincere Religious Belief; and All Religions deserve exemptions
(via Wisconsin v. Yoder U.S. 205 (1972))
"Within that phrase would come all sincere religious beliefs which are based upon a power or being, or upon a faith to which all else is subordinate or upon which all else is ultimately dependent. The test might be stated in these words: a sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualifying for the exemption comes within the statutory definition. This construction avoids imputing to Congress an intent to classify different religious beliefs, exempting some and excluding others, and is in accord with the well established congressional policy of equal treatment for those whose opposition to service is grounded in their religious tenets."
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Also, this may be hard for some people to understand, but the 1st amendment was incorporated into the States, and is basically a "person" for legal purposes. So the 1st amendment is a separate plaintiff or defendant from yourself in your case https://supreme.justia.com/cases/federal/us/330/1/ |
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Petitions can be submitted to solve the Entanglement Problem, as per #6 in the DEA RFRA Guidelines (The DEA just has to follow their own Guidelines)
6. Applicability of DEA Regulations.
A Petitioner whose petition for Religious Exemption from the Controlled Substances Act is granted remains bound by all applicable laws and Controlled Substances Act regulations governing registration, labeling and packaging, quotas, recordkeeping and reporting, security and storage, and periodic inspections, among other things. See 21 C.F.R. Sections 1300-1316. A Petitioner who seeks exemption from applicable CSA regulations (as opposed to the CSA itself) may petition under C.F.R. Section 1307.03. Such petition must separately address each regulation from which the petitioner seeks exemption and provide a statement of the reasons for each exemption sought.
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And if the DEA tries to respond and say that "To follow the Guidelines we put out after Gonzales V O Centro would cause too much entanglement between the DEA and your Religion" as a means to deny me. Then I will use that as Evidence in Federal Court to get the Controlled Substances Act overturned, the same way the Marihuana Tax Act was overturned because it violated the 5th Amendment to not incriminate yourself. A Law can't block something from happening by being written in a way that causes it to violate the Constitution. In that situation the Law just has to be overturned.
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Also, this should be considered, since we are growing "Low THC" Marijuana, for THCv content, not for THC content. And I am breeding strains for their THCv Content. Meaning that we are growing "Hemp" and we are making "Industrial Hemp", with High THCv and Low or No THC.
(2) Industrial hemp
The term “industrial hemp” means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis
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DEAs rules, that they aren't following.
D. Processing Timeframes
It is important to act expeditiously on applications for Schedule I research. The timeframes for DEA’s and FDA’s processing of Schedule I research applications are specified in the regulations. DEA forwards complete Schedule I research protocols to the FDA within seven days of receipt; FDA notifies DEA of its determination regarding the merits of the protocol within 30 days; and DEA issues a certificate within 10 days of receiving the FDA’s notice. 21 C.F.R. 1301.32(c). It should be noted that although many clinical researchers may be subject to a standardized protocol, thereby streamlining the process, some researchers must also meet institutional and State requirements prior to approval. DEA works closely with researchers to assist with the expeditious completion of their protocol submission and registration application.
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And btw, here is the reason I ask for a Statement by the IACHR. I have spent years studying US Case Law for Religious Substance use, and the point it has gotten to is summed up in 1 case, Gonzales V O Centro from 2006. https://supreme.justia.com/cases/federal/us/546/418/In Gonzales V O Centro, what happened was that a group called The Center of the Union of the Spirit and Beneficial Plants (Centro Espírita Beneficente União do Vegetal) was arrested with 300 Gallons of Ayahuasca. First they said, "We have a 1st Amendment Right" The DEA responded "Public Welfare, we have a Responsibility to uphold neutral Laws" O Centro responded with DEA Form 225, showing that there is a process for this. The DEA Responded with the UN Psychotropics Convention. The Court said Ayahuasca is not covered by the Convention. So that is where it ended, and that is where we are. So from here, a clear Statement needs to be made by an International Body as to what the rights of Citizens of Signatories are regarding the Conflict between the UN Declaration of Human Rights, and the UN Psychotropics Convention. The argument in US Courts has gotten into these Treaties, it is not longer in US Law and the DEA has no argument in US Law. |
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42 U.S. Code Chapter 21B: Religious Freedom Restoration
42 U.S. Code § 2000bb - Congressional findings and declaration of purposes
(a) Findings
The Congress finds that—
(1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution;
(2) laws “neutral” toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise;
(3) governments should not substantially burden religious exercise without compelling justification;
(4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and
(5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests.
(b) Purposes
The purposes of this chapter are—
(1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is substantially burdened; and
(2) to provide a claim or defense to persons whose religious exercise is substantially burdened by government.
42 U.S. Code § 2000bb–1 - Free exercise of religion protected
(a) In general
Government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b) of this section.
(b) Exception
Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person—
(1) is in furtherance of a compelling governmental interest; and
(2) is the least restrictive means of furthering that compelling governmental interest.
(c) Judicial relief
A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution.
42 U.S. Code § 2000bb–2 - Definitions
As used in this chapter—
(1) the term “government” includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, or of a covered entity;
(2) the term “covered entity” means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States;
(3) the term “demonstrates” means meets the burdens of going forward with the evidence and of persuasion; and
(4) the term “exercise of religion” means religious exercise, as defined in section 2000cc–5 of this title.
42 U.S. Code § 2000bb–3: Applicability
(a) In general
This chapter applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after November 16, 1993.
(b) Rule of construction
Federal statutory law adopted after November 16, 1993, is subject to this chapter unless such law explicitly excludes such application by reference to this chapter.
(c) Religious belief unaffected
Nothing in this chapter shall be construed to authorize any government to burden any religious belief.
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It is a Federal Crime to Obstruct Religion
18 U.S. Code § 247 - Damage to religious property; obstruction of persons in the free exercise of religious beliefs
(a) Whoever, in any of the circumstances referred to in subsection (b) of this section—
(1) intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or
(2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person’s free exercise of religious beliefs, or attempts to do so;
shall be punished as provided in subsection (d).
(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.
(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).
(d) The punishment for a violation of subsection (a) of this section shall be—
(1) if death results from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, a fine in accordance with this title and imprisonment for any term of years or for life, or both, or may be sentenced to death;
(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;
(3) if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, a fine in accordance with this title and imprisonment for not more than 20 years, or both; and
(4) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both.
(e) No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.
(f) As used in this section, the term “religious real property” means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship.
(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.
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Thomas Jefferson
"These Resolutions were undoubtedly drafted prior to 19 Nov., for on that date the House adopted the following:
Resolved,… that all and every act or statute, either of the parliament of England or of Great Britain, by whatever title known or distinguished, which renders criminal the maintaining any opinions in matters of religion, forbearing to repair to church, or the exercising any mode of worship whatsoever, or which prescribes punishments for the same, ought to be declared henceforth of no validity or force within this Commonwealth.
Resolved,That so much of an act of Assembly made in the 4th year of the reign of queen Anne, intituled An act for the effectual suppression of vice, and restraint and punishment of blasphemous, wicked, and dissolute persons, as inflicts certain additional penalties on any person or persons convicted a second time of any of the offences described in the first clause of the said act, ought to be repealed.
Resolved, That so much of the petitions of the several dissenters from the Church established by law within this Commonwealth, as desires an exemption from all taxes and contributions whatever towards supporting the said church and the ministers thereof, or towards the support of their respective religious societies in any other way than themselves shall voluntarily agree, is reasonable.
Resolved, That the several acts of Assembly, making provision for the support of the clergy, ought to be repealed, securing to the present incumbents all arrears of salary, and to the vestries a power of levying for performance of their contracts.
Resolved, That a reservation ought to be made to the use of the said church, in all time coming, of the tracts of glebe lands already purchased, the churches and chapels already built for the use of the several parishes, and of all plate belonging to or appropriated to the use of the said church, and all arrears of money or tobacco arising from former assessments; and that there should be reserved to such parishes as have received private donations, for the support of the said church and its ministers, the perpetual benefit of such donations”
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Thomas Jefferson “Commonwealth is ‘a society of men constituted for preserving their civil <rights> interests.’ interests are ‘life, health, indolency of body, liberty, property.’ the magistrate’s jurisdn. extends only to civil rights and from these considns.: the magistrate has no power but wt. ye. people gave hm. the people hv. nt. givn. hm. <powr.> the care of souls bec. y cd. nt., y. cd. nt. because no man hs. right to abandon ye. care of his salvation to another. no man has power to let another prescribe his faith. faith is not faith witht. believing. no man can conform his faith to the dictates of another. the life & essence of religion consists in the internal persuasion or belief of the mind.” “[a church] is ‘a voluntary society of men, joining [themselves] together of their own accord, in order to the [publick] worshipping of god in such a manner as they judge [accept]able to him & effectual to the salvation of their souls. [it is] voluntary because no man is by nature bound to any church. the hopes of salvation is the cause of his entering into it. if he find any thing wrong in it, he [sh]ould be as free to go out as he was to come in. [w]hat is the power of that church &c.? as it is a society <of voluntary> it must have some laws for it’s regulation. time & place of meeting, admitting & excluding members &c. must be regulated. but as it was a spontaneous joining of members, it follows that it’s laws extend to it’s own members only, not to those of any other voluntary society: for then by the same rule some other voluntary society might usurp power <of> over them. suppose for instance two churches one of Arminians another of <Lutherans> Calvinists in Constantinople. has either any right over the other? will it be said the orthodox one has? every church is to itself orthodox, to others erroneous or heretical. I cannot give up my guidance to the magistrate; because he knows no more of the way to heaven than I do. [co]mpulsion in religion is distinguished peculiarly from compulsion in every other thing. I may grow rich by art I am compelled to follow, I may recover health by medicines I am compelled to take agt. my own judgmt., but I cannot be saved by a worship I disbelieve & abhor. [he] sais ‘neither Pagan nor Mahamedan nor Jew ought to be excluded from the civil rights of the Commonwealth because of his religion.’ shall we suffer a Pagan to deal with us and not suffer him to pray to his god? as the antients tolerated visionaries & enthusiasts of all kinds so they permitted a free scope to philosophy as a balance. as the Pythagoreans & latter Platonicks joined with the superstition of the times the Epicureans & Academicks were allowed all the use of wit & raillery against it. thus matters were balanced; reason had [full] play & science flourished. these contrarieties produced harmony. superstition & enthusiasm thus let alone never raged to bloodshed persecution &c.” |
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Also, if the Commission believes that this is an Internal Issue, and should be resolved Internally, then the Commission needs to make a Statement to the effect that the DEA can't use Internationally Treaties. This is the case Gonzales V O Centro, in which the DEA as a last resort used the UN Psychotropics Convention as an argument, against Brazilians and Americans using a Brazilian plant together Religiously in America, and the DEA lost the case. https://supreme.justia.com/cases/federal/us/546/418/So it already has been resolved internally, but they refuse to announce, or accept, that they lost. |
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And while the term "West Indies" is pretty well known, and Jamaica is well known, I would like to point to Trinidad and Tobago, where many Hindus are practicing the exact same Religion as me, all over the Island. And many Trinidadians have migrated to the United States. But the fact that they move to the United States now is not important, because this same Culture exists all over the Americas and has since the Discovery of the "New World". http://www.trinidadexpress.com/news/History_of_ganja_use_in_Trinidad-115562564.html |
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