My oath to the NH Constitution forbids me from arresting a med. marijuana user.

[Highline]

Hello everyone.

As you all know, I have been cleared for duty and will be reporting back shortly.  I have been re-reading the NH Constitution carefully so that when I return I am well versed.

I have come to a conclusion in reading the document I am sworn to defend: It is unconstitutional for the state to take action against a sick person who decides to use Marijuana to treat a medical condition.

I will never arrest a person who possesses, uses, grows marijuana to treat a medical condition....... and neither should any other NH LEO who intends follow his or her oath.  I won't even take it from them.  

Legal argument in support of my declaration (quite simple):

-/-

1. Short of fellating the entire NH General Court and the Governor, political activists in this state have done everything to present FACTUAL evidence to support allowing sick people to use a natural substance to ease suffering.  I personally have begged the General Court to not make me arrest sick people.

2. Chief DEA Administrative Law Judge Francis Young ruled in 1988:

“Marijuana, in its natural form, is one of the safest therapeutically active substances known. It would be unreasonable, arbitrary, and capricious for the DEA to continue to stand between those sufferers and the benefits of the substance."

3. Fourteen other states (and DC) allow the sick and dying to use Marijuana as medicine to alleviate suffering.

4. Article 10 of the NH Constitution reads as follows:

[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

5. Government prosecuting a sick person for using a scientifically proven safe substance does not "benefit," or "protect(...)," any community.  

6. Government prosecuting a sick person for using a scientifically proven safe substance IS in-fact the emolument of a class of men: pharmaceutical companies.  This is proven by evidence of pharmaceutical companies fighting against medical Marijuana laws.  You cant grow Oxycontin in your living room, now can you?

7. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS "absurd."

8. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS "slavish."

9. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS "destructive of the good and happiness of mankind."

-/-

Conclusion:  I won't do it.  Ever.  Take your unconstitutional law and stuff it.

You know who I am, you know where I work, and I am not afraid of any of you.  My word, my oath, is to the people: not the tyrants who want them to suffer.

- Bradley

[Patrick Shields]

It's a nice relief to see law enforcement agents think critically and make conscious choices. I'm impressed, Brad. 

[Nemi]

+25 for the use of "fellating" in your legal argument. I LOL'd. 

Light-heartedness aside, I agree wholeheartedly with Patrick:

It's a nice relief to see law enforcement agents think critically and make conscious choices. I'm impressed, Brad. 

[Highline]

It's a nice relief to see law enforcement agents think critically and make conscious choices.

The NH Police Academy does not teach this stuff.   

I hope more LEO's will read it:

http://www.nh.gov/constitution/constitution.html

[BJ from Ky]

It's a nice relief to see law enforcement agents think critically and make conscious choices.

The NH Police Academy does not teach this stuff.   

I hope more LEO's will read it:

http://www.nh.gov/constitution/constitution.html

so...what about non-medical marijuana use

[☺™]

It seems the same logic and principles could be used to defend recreational use.  When will we see you make that stand?

[Highline]

It's a nice relief to see law enforcement agents think critically and make conscious choices.

The NH Police Academy does not teach this stuff.   

I hope more LEO's will read it:

http://www.nh.gov/constitution/constitution.html

so...what about non-medical marijuana use

In this thread I am specifically speaking of medical Marijuana users.

[PraeterIdiot]

It'd be just as badass of you even if internet crashed forevar and no one saw any such public declaration with your name on it or knew about you.

[FTL_Ian]

Awesome, Brad.  Every step you take just keeps getting more exciting!  Blogged it for ya.

[error]

Can I quote you on that?

[JJ]

Kudos Brad!

[Highline]

Can I quote you on that?

Absolutely.

[AntonLee]

this brought tears to my eyes.  I can sleep tonight knowing that people who happen to be sick and using marijuana for medical reasons won't be tossed into a jail cell, possibly being removed in front of their children and hauled off in front of their neighbors in cuffs.  I'll sleep tonight realizing that perhaps someone would be held liable by a police officer based only on what harm they've caused others instead of having a police officer run around arresting people who haven't harmed anyone.

[Sovereign Curtis]

It's a nice relief to see law enforcement agents think critically and make conscious choices.

The NH Police Academy does not teach this stuff.   

I hope more LEO's will read it:

http://www.nh.gov/constitution/constitution.html

so...what about non-medical marijuana use

In this thread I am specifically speaking of medical Marijuana users.

Kinda. In your first post/declaration, you mention protecting individual's Rights under the NH Constitution.

You specifically cite Article 10.

[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

Pot makes me (an otherwise healthy, non-"sick" individual) happy. It is an exercise of my liberty to do what makes me happy, so long as I do not harm another... Do you see where I'm going with this? The health of the individual the State plans to aggress against is immaterial. It is compassionate to consider the health of a potential victim, but claiming that only the infirmed have the "right" to produce, possess and/or consume cannabis, is collectivism (I say that without malice).

[Highline]

It's a nice relief to see law enforcement agents think critically and make conscious choices.

The NH Police Academy does not teach this stuff.   

I hope more LEO's will read it:

http://www.nh.gov/constitution/constitution.html

so...what about non-medical marijuana use

In this thread I am specifically speaking of medical Marijuana users.

Kinda. In your first post/declaration, you mention protecting individual's Rights under the NH Constitution.

You specifically cite Article 10.

[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.

Pot makes me (an otherwise healthy, non-"sick" individual) happy. It is an exercise of my liberty to do what makes me happy, so long as I do not harm another... Do you see where I'm going with this? The health of the individual the State plans to aggress against is immaterial. It is compassionate to consider the health of a potential victim, but claiming that only the infirmed have the "right" to produce, possess and/or consume cannabis, is collectivism (I say that without malice).

I completely see where you're going with that.

Can you see where I'm going?