Thank you for writing an informative and generally positive article on the need for medical cannabis in the Dublin/Pleasanton/Livermore areas ("Pleasanton looks to join medical pot needs survey," 8/7/07).
Unfortunately there was one statement in your article which is often repeated almost as a mantra by reporters writing about this topic, even though it is simply opinion at best and quite arguably demonstrably false. That is the statement that "Federal law... prohibits any use or sale of marijuana."
In 1919 the Constitution was amended to ban the sale or transportation of alcohol within the United States. That is because the federal government had no authority to issue such a ban without amending the Constitution. Of course that amendment was later repealed in 1933, signaling the end of America's first Prohibition. No similar amendment was ever passed outlawing the sale or transportation, let alone the mere use, of marijuana or any other drug. Therefore, under the highest law by which federal officials are bound, all drugs are totally legal at the federal level. Any purported "statutes" to the contrary are unconstitutional and therefore void.
These facts notwithstanding, the Feds, including the courts, continue acting under color of law to flagrantly and routinely violate the law, disregarding their oaths of office to uphold the Constitution and behaving as gangsters, robbers, kidnappers and worse in the name of an illegal "War on Drugs." Members of the media have a responsibility to stand up and set the historical record straight and make the public aware who the real criminals are when it comes to the issue of drugs in this country.
<<< starchild >>>
Vice Chair, Libertarian Party of San Francisco
P.S. - Please forward this to your editorial page editor to be considered for publication as a letter to the editor.
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