Maine State and Federal Laws

Maine Medicinal Marijuana Laws

International Laws

Court Cases & Case Studies

Religious Use Lawyers

Religious Persecution

Alaska Rescheduled marijuana:
Sec. 11.71.190. Schedule VIA.

(a) A substance shall be placed in schedule VIA if it is found under AS 11.71.120 (c) to have the lowest degree of danger or probable danger to a person or the public.

(b) Marijuana is a schedule VIA controlled substance.

Please refer to the Official Web Sites for the most up to date information.

“If there is any fixed star in our constitutional constellation, it is that NO official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith therein, If there are ANY circumstances which permit an exception, they do not now occur to us.”

United States Supreme Court (1943) West Virginia State Board of Education v. Barnette, 319 US 624.

The Bill of Rights exists to protect the rights of unpopular minorities from being trampled by majorities. Although we live in a democracy, the majority does NOT always rule. That would be a "mob-ocracy", something our founding fathers wisely feared, and which is why they created a system of government with many checks and balances, including a Bill of Rights. One of the crucial jobs of the courts, especially Supreme Courts, is to interpret the Constitution, and to overrule laws that would violate constitutional rights. Thus, when a challenged law violates constitutional rights, it does NOT matter that the law was duly enacted by the Legislature, or by an initiative statute by vote of the people. In such cases, it is the proper job of the court to find the law unconstitutional, and to strike it down. This is not "legislating from the bench", it is interpreting the constitution. It is not a violation of the separation of powers, it is the completely proper functioning of an independent judiciary within a properly functioning separation-of-powers system. This has been understood to be the case in our nation since Marbury v. Madison was decided by the U.S. Supreme Court in 1803, and is a most cherished and fundamental precedent.

(1) 21 C.F.R. § 1307.31; 42 U.S.C. § 1996a

(2) Olsen v. DEA, 878 F.2d 1458 (D.C. Cir. 1989), cert. denied, 495 U.S. 906 (1990)

(3) 494 U.S. 872 (1990)

(4) 21 U.S.C. § 812 Schedule I(c)(12)

(5) 374 U.S. 398 (1963)

(6) 406 U.S. 205 (1972)

(7) 42 U.S.C. §§ 2000bb et seq.

(8) 521 U.S. 507 (1997)

(9) U.S. Const. Amend. 14

(10) 42 U.S.C. §§ 2000cc et seq.

(11) U.S. Const. Art. I, Sec. 8, Clause 1 and Clause 3

(12) 544 U.S. 709 (2005)

(13) 546 U.S. 418 (2006)

(14) 383 F.2d 851 (5th Cir. 1967), rev'd on other grounds, 395 U.S. 6 (1969)

(15) Public Law 91-513 - Oct. 27, 1970 [84 STAT. 1280–1281]

(16) Public Law 91-513 - Oct. 27, 1970 [84 STAT. 1280–1281] - Part F - "Establishment of Commission on Marihuana and Drug Abuse" Sec. 601

(18) Vol. 51, Federal Register, Page 17476, Tuesday, May 13. 1986

(19) In the Matter of Marijuana Rescheduling Petition, DEA Docket No. 86-22, Sept 6, 1988

(20) Vol. 64, Federal Register, Page 35928, Friday, July 2, 1999

(21) Donnie Marshall, Deputy Administrator DEA, Letter to Simore Monesebian, July 28, 1999.

COURT CASES: < VIEW MORE

1. Read the U.S. Constitution, First Amendment etc... Learn your Rights so when you are stopped or arrested, you can Stand Up for Your Rights!
2. Native American Religious Freedom Act of 1979 -- Native American folks should ask your lawyer to explain your Rights under this Act, and see Employment v. Smith, 494 U.S. 872, 108 L. Ed. 2d 876, 110 S. Ct. 1595 (1990) (Peyote case, Oregon), mentioned in the Religious Freedom Restoration Act of 1993
3. Religious Freedom Restoration Act of 1993 -- Public Law 103-141 (H.R. 1308). [note: This is retroactive (applies before 1993)-- see Rastafarian Ruling].
4. Rastafarian ruling...JAH RastaFarI leads the Way!...Right to Religious Use Defense for marijuana under RFRA &93 -- Fed 1996 -- U.S. v. Dawn Meeks, et al, No. 94-30076, et al, 1996 U.S. App. LEXIS 1458, United States Court of Appeals For the Ninth Circuit --Filed Feb. 2, 1996.
5. Soapbox Decision, June 1995 -- U.S. Supreme Court, June 19, 1995, John J. Hurley and South Boston Allied War Veterans Council, v. Irish G.L.I.B. -- No. 94- 749 -- Right to your own Free Expression, i.e. Free Speech...
6. United States Department of Agriculture, Forest Service Regulation 36 CFR 251 - 261 -- [Federal Register Vol 60, No. 168, Wed August 30, 1995, pgs. 45259 etc.] - - This Regulation is a (generally applicable law,) like marijuana regulations -- it contains the Federal Government's case law concerning marijuana as well as Peaceable Assembly on Public Lands -- gives you a good idea what we are up against....
7. U. S. v. Rainbow -- U.S. v. Barry Adams, pro se, (Texas, 1988), and U.S. v. Gideon Israel (Arizona, 1986) -- are both positive decisions relating to Religious Use Defense for Individuals' Rights to Gather (sustained by RFRA &93).