Constitutional Cannabis

A Constitutional Legal Void, Nullification and Repeal Also to be considered a Legal Thesis in Constitutional Law, Political Science, History, Religious History, Sociology, Psychology, Humanities and Liberal Arts

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Disclaimer: I am not an Attorney & I can not give Legal Advice ~

  I am however, an Educated, Bonded and Licensed Ordained Minister of the Law; a student of Law aka a  Lawyer as it is defined only, while I do not claim to be, as I am Not an Attorney at all. I represent no one.  Who is Certified as a Mediator under the Cali. B.A.R. Association whom at the same time, swears no oath to the B.A.R. Association. Administrating, Advocating and Educating on behalf of “We the People” and myself, Mary Thomas-Spears; through the authority, freedoms and rights documented and recognized via the U.S. Constitution and the Bill of Rights to do so Endorse and/or Void, Nullify and Repeal “All” Unconstitutional Statues, Regulations and Rules,… Addressed and contained within and without the many arguments, documents, references, sources cited, and attached pages provided for this Appeal of Nullification and Full Repeal including the Attached Petition(s) Request for a long overdue Redress and the Declaration of an Amendment to “End Marijuana Prohibition” through this unified National Convention for Ratification to be granted as received via Electronic Format – Exhibit F [2] by Congress and the President from “We the People”; as the numbers shall allow and apply to Article 5Once verified as endorsed by “We the People” via Attached Petition(s) and Acknowledged as received by them and then accordingly “We the People” shall be Granted this Amendment through them.

   The information I share on this issue is based on my nearly half a decade of understanding, personal experience, research, and knowledge gained through spending over eighteen years in courts and jails fighting for my personal freedoms and everyone’s rights, in this issue and others… Legal Battles that have brought me to a place, where in fact, I had not only made U.S. Legal History in the courts, in this issue, but where I also found myself actively taking part in changes which were transforming history and events… Historical Changes. As I found myself honored to be standing with and in an exchange of that understanding with some of the world’s Greatest Freedom Fighters – Warriors – Minds – Hearts – Spirits of this Century and to live throughout our current place in history, where here too, I gained much insight, knowledge and understanding in this issue and others through standing with and knowing them.  I am highly Grateful and very Thankful for each of them. You will find many pages within this site dedicated to some of them, while I dedicate this entire site to the memory of one of the Greatest Heroes to ever touch my life, Gatewood Galbraith, Constitutional Attorney.

  Why I personally consider this to be an Official Document of Notification of my personal Demand for an End = Nullification, Repeal and Voiding of any previous Authority given to those offices listed within to which it may apply or imply, either knowingly or otherwise. By myself the Author, Plaintiff, Sovereign in this Civil Action, Litigation or Act of Revocation. As I and many others, as endorsed by Americans For Cannabis and the U.S. Marijuana Party do intend to enforce, demonstrate and flex our Enumerable, Inalienable, Sovereign, Constitutional Freedoms and Rights giving us the authority to Amend and Revoke… and End the Prohibition of Marijuana Cannabis Hemp aka Cannabis Sativa L  on every level from the lowest office to the highest. Including but not limited to the lowest Local Corporate Governments and all to the highest U.N. office.

As I encourage others to take the time to learn and understand all the Legal Lies = Legalize in this issue if they haven’t and to Unite and Stand With all those who “Just Say No to G.M.O.’s“, “Make it Lawful“, Defend and Reclaim their  “Natural Rights“. 

"Know Your Constitution" and

"The Charters of Freedom"

A Constitutional Case for Appeal and Repeal to Amend Our Nations Constitution to Nullify and Void Marijuana Prohibition ~

The First Amendment – Freedom of Religion – The Separation Between Church and State ~
 

As I stress these facts for clarification… “We the people”, as we must appeal to all that is honorable, good and just. As we are adamantly apposed to, do so object to, and do so hereby Nullify, Repeal and make Void any and all contracts, U.S. or U.N. Drug Policies, Acts, Bills, Commerce Clauses, Commercial Codes, Mandates, Sanctions, Statues, Regulations,… or any other Agreements including those made through the “Corporate Lobby” pertaining to Cannabis/Marijuana/Hemp Cannabis Sativa L, as a Scheduled Substance and/or a Prohibited Substance to/by/from the Individual Citizen = “We the People”, nature or our “Gardens”. It has also come to our attention, We are aware of,  and do include, that “We the People” are especially apposed and do object to and/or do hereby Nullify and make Void any and all such attached “Madmen Rules” as well, that keeps Marijuana/Cannabis/Hemp = Sativa L defined as Prohibited.

As it is in the best interest of the Health, Nature and the National Security of “We the people” to re-claim and stand on our Sovereign Freedoms and Rights under the “Universal Declaration of Human Rights” and our “Constitution” that have been systematically denied to us as a result of this same Global Corporate Tyranny.

Based on the Argument and Evidence as it is Presented throughout this Site and Considering the “Lessor of Evils”

Lest We Never Forget

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This Site is Dedicated to the Memory of my friend, Hero, a great Defender of the people and our Constitution, Gatewood Galbraith, Constitutional Attorney as he wished to be remembered.

http://www.linkedin.com/pub/gatewood-galbraith/11/360/a87
http://en.wikipedia.org/wiki/Gatewood_Galbraith
http://www.kentucky.com/2012/01/05/2015454/longtime-political-figure-gatewood.html
http://youtu.be/1AtrNXq6qiQ?t=8m43s  
He always told me, When I am finally dead and gone,
I don’t want to be remembered as a Cannabis/Marijuana/Hemp/Activist or Pot Head… I want to be remembered as a Constitutional Attorney and a defender of the Rights and Freedoms of the people as they were written, ordained, established and protected with-in our Constitution. Which he swore to uphold.

  Quotes from his Book  ~ “They did not say we have a Constitutional right to possess alcohol.
   
They said we have a Constitutional right to privacy in our homes, under which fits the possession of an extremely poisonous alcohol.                                               

Now this is the law in Kentucky today. In fact, it is these rulings that keep the Kentucky State Police from kicking down the doors of people possessing alcohol in Kentucky’s 77 `dry’ counties right now and hauling their buts off to jail.”

Now Marijuana a demonstrably less harmful substance than alcohol and presents far less of  threat to public welfare. So it also fits in a person’s right to privacy in their home. It’s beyond the police power of the state as long as I don’t sell it and it’s for my own personal use.”

Referring to a discussion he had been targeted in during a Debate while running for  Attorney General in Kentucky with current running mate Greg Stumbo he said, “He obviously thought he could hang me over the marijuana issue, and here
I was explaining Constitutional Law to him which, I still don’t think he comprehends.”

An Autobiography By Gatewood Galbraith

Titled THE LAST FREE MAN IN AMERICA
An Autobiography By Gatewood Galbraith Titled THE LAST FREE MAN IN AMERICA
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The Best Governor Kentucky Never Elected!

"If I was going to lie to you, I would have already been elected!" Gatewood Galbraith

One of his goals, he said it many times was to "End Marijuana Prohibition!"

He never said his goal was to
Legalize = “Legal Lies” Marijuana in Kentucky

In fact, a chapter in his book is titled, "I declare Marijuana Legal in Kentucky" He explained that, "Personal use of Marijuana is Already Legal" under the Constitution as reinforced by Precedence and/or Rulings of Courts, and the Kentucky Constitution

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As it has/had been successfully tried, tested and proven by Gatewood and myself. When I/he utilized it in part, in the “Lessor of Evils” defense presented against the Felony Indictment  #97-CR-517 a Trafficking Case, I/we fought in my History Making Defense in Warren County as Documented in these independent sources, the Wikipidia Page on Gatewood’s Life previously linked above in this section, Sheree Krider’s Rev. Mary Wordpress Site Civil Disobedience Page located here
                                                        https://revmarythomasspears.wordpress.com/civil-disobedience/
                                                                    and a Site called Gatewood’s Legacy located at this link 
                                                                                  http://www.gatewoodslegacy.com/2014/01/
Despite all Case Documents being Sealed later by the Courts for some unknown reason??? To conceal the Historical Legal Precedence that had been established or set in the Courts or by the Judge’s Rulings in this case maybe??? Despite the “Denial of Appeal” by the Court of Appeals later becoming lost in all the paper shuffle and all the systematic abuses I endured in the nearly 8 years I/we spent in offices, court and trial… several different periods of time {approx 120 days total} I spent in and out of jail during that trial… and Despite the Denial of my Appeal to the Kentucky Court of Appeals ~

The Appeal – http://law.justia.com/cases/kentucky/court-of-appeals/2000/1999-ca-001634.html
 

The following is the Documentation of the Historical Legal “Stay” I was then Granted by the same Judge who handed down the original verdict and sentence against me through his subsequent Modification and “Non-Conditionally” Discharged = Release of Probation/Sentence… Due to “Health Conditions” = Medical Cause, despite his = Judge Minton’s original ruling against our “Medical Cause/Lessor of Evils Defense” in this case. = But isn’t this technically really a complete Reversal of his original Verdict or Decision in this case? Despite it not being Recognized or Documented as such or as the Historical Precedence by the Courts that it truly is.

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Making me the “First” Felon convicted for “Trafficking in a Controlled Substance” = Marijuana/Cannabis/Hemp now labelled or stereotyped aka a “Drug” Trafficking Felon on paper, whom as I had promised in court, Failed every Drug Test given to her by the Courts and Probation in the U.S.A. for Marijuana/Cannabis/Hemp or T.H.C.. To be Granted a “Stay” through Sentence Modification by the sentencing Judge in her case in the Legal History of our U.S. Courts. While having never served any significant time on her original sentence.

As it is and was a Matter of Court Record that I had Warned them = the Courts and Judge Minton, that “I Would Not Ever Pass or Even Try to Pass, Any Test for THC”, as “I completely refused to quit using a life saving herb as the medication I needed in my case, as it was a violation of my Constitutional Rights to life… That I would prefer to use it as the food that it is, if only I could afford to and the Law allowed it.” I was subsequently revoked three times for failing All Drug Test and then reinstated each time… Until my prayers were answered and Non-Conditional Release was reached or then Granted.

As I have said above, the case I currently present to you, is the same case I/we have previously presented “in part”, due to the fact, that I have expanded the Original Argument used, greatly. So seeings the base argument has already been successful in Felony District Court here in the Commonwealth of Kentucky and has set Historical Legal Precedence even if totally unrecognized by the Courts.

This case should be nearly completely air tight and unbeatable by the time it is finished. If it isn’t/wasn’t already. In my opinion.

A case Gatewood told me many times had a very important direct effect and impact on the Historical changes to follow like the Commonwealth’s then recent Tax Stamp Implementation shortly there after, we had proven  in court that I had basically been denied my option or right to pay the a Tax by the Commonwealth and Leary vs the U.S. Ruling… and the resulting C.S.A.  that had denied me of my right and in fact therefore causing the violation I had then been charged with = Possession of a Controlled Substance as it is mistakenly Scheduled under the Controlled Substance Act and/or Prohibition… Trafficking in a “Controlled Substance” Not an Illegal substance… It is the Possession that is deemed Illegal not the Substance! Controlled by what? By the the Unconstitutional 1937 Marijuana Tax Act…  The result he predicted and later accredited the implementation of Tax Stamp Laws that immediately passed after. Gatewood later told me to “ignore” the tax because, He said, “like Leary”, I had established my “Constitutional Rights” in Court. “They can’t tax your personal use!!!” He’d always say!

He = Gatewood Galbraith also strongly accredited the eventual forth coming Legislation Decriminalizing Marijuana Possession, that ironically, the same Judge “we had educated all those years in court.” Judge Minton had helped to introduce and then did so, sign into affect here in Kentucky just shortly {within a few short years} after we had educated him on the issue in court. As the Honorable John Minton, then known locally as aka “Hang them High Minton” at that time, immediately went on to be elected to the Court of Appeals where my Appeal had been Denied, after he had Modified the Original Sentence of 5 years Probation in my case “Due to Health Conditions.” After making an earlier Final Ruling of “No Medical Cause”. He then moved on to the Supreme Court were he signed in the first Legislation Semi-Decriminalizing Personal Possession of Marijuana = Making up to an 8 Oz’s a Ticket-able Offense within the Commonwealth since the Kentucky Marijuana Tax Stamp Legislation had been Passed also just shortly after the Ruling in this Case. “All” of which Gatewood said, “Was a beginning to the End of Prohibition in Kentucky and a step toward Restoring the Constitutional Rights of We the People.”  

As he then declared, “Marijuana is already Legal in Kentucky and everywhere!!!”  Including his book.

“They can’t Tax your G-d given = Sovereign, Constitutional Right!!!” – Gatewood Galbraith

I could have never Thanked!!! Him or repaid him enough in his or my lifetime for all he did, gave, shared, taught, restored, left with us,… That is just a part of his Legacy as I see it, due to his children/family… I can only pray he/they are happy, honored and satisfied with this Dedication of Freedom Declared within this Sites Pages, on behalf of the Constitution and “We the people” he represented and Dedicated in his name as he’d had presented parts of it to me/us.  Thank You!!! Once again my friend, May peace be with you and us!!!

                                          Dedicated to all 
who have gone before and after me/us.  <3


& To the Attention of the 
Kentucky General Assembly as  recommended by the Kentucky Court of Appeals