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END THE WEAPONIZATION OF DRUG LAWS PETITION

The Law

THE LAW

The government's deception and fraud relies on our ignorance of a legal doctrine called "mens rea," which simply means that a person must knowingly violate the law.  This doctrine applies to each element of the offense "even where the grammatical reading of the statute does not support that interpretation."

 

The elements of the federal drug law are (1) knowingly and intentionally (2) distribute, possess ... etc (3) controlled substance.

841 Prohibited Acts A.

What does this mean?

It means that it is unlawful for a person to:

 

 

  • Knowingly or intentionally distribute, possess ... etc a controlled substance
              and

  • Have knowledge he was dealing with a controlled substance

 

Our government has been systematically incarcerating people without ever alleging or proving that a person knew he/she was dealing with a controlled substance. 

1st page of McFadden vs. US

Here's How they did it

Most drug indictments will allege that a person - unlawfully, knowingly and intentionally distributed and possessed with intent to distribute mixtures and substances containing a detectable amount of a controlled substance.

An example of an Indictment

Verbs & Adverbs

When using "knowingly" to describe "cocaine" or "controlled substance," it means "know it is cocaine or a controlled substance." Because a conspiracy involves future actions, "knowingly" can't modify direct objects. The verb "know" is stative, describing a state rather than an action, and can't be used in the present continuous or future tense. Unlike physical acts like distribution or possession, which can be planned, knowledge cannot.
2 pages of the Jury Instructions

The Fraud Continues

Not only does the indictment fail to allege that a crime occurred, but the government does not ever bother to instruct the jury that they must find the defendant guilty beyond a reasonable doubt of having knowledge of dealing with a controlled substance.

It is not unlawful to knowingly, intentionally, voluntarily, on purpose, & not by mistake to distribute/possess a detectable amount of a controlled substance!! Rather it is unlawful to do that and have knowledge that the substance is illegal.

You may Say,

The defendant had to have known?

Maybe or maybe not, BUT THAT IS NOT THE ISSUE.

Is this a country where the rule of law matters, or not?
That is the real issue.

Yes, drugs are harmful, there is no doubt about that.  But what the government has done is no less harmful.  The government has incarcerated millions across decades which had absolutely nothing to do with law and order because the law was ignored.  They have destroyed families and have stolen a community's most valuable resource -- its people. 
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