SPECIAL REPORT: HOW NH CANNABIS/MARIJUANA LAWS VIOLATE THE NH CONSTITUTION

Edited April 26, 2011

My opinion, how the current laws in the state of NH violates it's Constitution. I'm open to the possibility that some open-minded attorneys in NH, or the ACLU will consider acting on the information I am about to provide. It is information that has come together over 20+ years of research - I did not come up with all this overnight!

23 years ago I moved from MA to NH, and got a job at a public school. I worked the night shift, as a custodian. I should add, a custodian with a BA degree in English, and I did the work partly by the consequences of past events, and because I actually loved the work. I loved the work provided I was working in a place of education, ie, colleges, schools.

One of the benefits of working in a school or college was the resources available. Books, teachers, professors, students learning, books, archives, educated people.

Around about 1990 I became concerned that my interest in cannabis might get me in trouble... not just that I used it after work, but because I was considering writing a book on the subject, and already had 20 more plus years that I'd researched the topic.I began my research into cannabis prohibition around 1975; back then, extending into the 1990's, the only way to research a subject was through books, micro-fiche, and books.

The school in NH I worked at had a library complete with everything I needed to do a splurge ahead in cannabis research, specifically, prohibition. I was paranoid though, that if my topic of study was discovered, I'd be in big trouble, unlike if I was caught researching UFO's, or Zombies. It didn't seem right that researching cannabis would be a problem, but I'd been raised to understand in the US we have freedoms, profound freedoms, unlike anywhere else in the world; but with limitations, like not shouting FIRE in a crowded theater, or empty,nor walking naked down Main Street, or studying the effects of tobacco on frogs.There were things you couldn't do. So, yeah, I was paranoid.

My first step was to study the Constitution of the State of NH. It seemed logical to understand my rights under the Constitution. In many ways State Constitutions mirror the US Constitution. However many have interesting variables and additions. All are extremely important, but the oldest that survive with little change, those are the ones that are a strong root into a states past.As it turned out, I found exactly what I was looking for, couldn't believe my eyes, and an Article unique to New Hampshire. Article 83 of the NH Constitution:
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Established October 31, 1783 Effective June 2, 1784 As Subsequently Amended and in Force January 2007

[Art.] 83. [Encouragement of Literature, etc.; Control of Corporations, Monopolies, etc.] Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country; to countenance and inculcate the principles of humanity and general benevolence, public and private charity, industry and economy, honesty and punctuality, sincerity, sobriety, and all social affections, and generous sentiments, among the people: Provided, nevertheless, that no money raised by taxation shall ever be granted or applied for the use of the schools of institutions of any religious sect or denomination. Free and fair competition in the trades and industries is an inherent and essential right of t he people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof. Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against.

June 2, 1784
Amended 1877 prohibiting tax money from being applied to schools of religious denominations.
Amended 1903 permitting the general court to regulate trusts and monopolies restraining free trade.
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The first thing I took from that was my Contitutional right to study cannabis prohibition, free from fear of reprisals:

Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government; and spreading the opportunities and advantages of education through the various parts of the country, being highly conducive to promote this end; it shall be the duty of the legislators and magistrates, in all future periods of this government, to cherish the interest of literature and the sciences, and all seminaries and public schools, to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history of the country.

But I was stunned to learn something extra in Article 83:

Free and fair competition in the trades and industries is an inherent and essential right of t he people and should be protected against all monopolies and conspiracies which tend to hinder or destroy it. The size and functions of all corporations should be so limited and regulated as to prohibit fictitious capitalization and provision should be made for the supervision and government thereof. Therefore, all just power possessed by the state is hereby granted to the general court to enact laws to prevent the operations within the state of all persons and associations, and all trusts and corporations, foreign or domestic, and the officers thereof, who endeavor to raise the price of any article of commerce or to destroy free and fair competition in the trades and industries through combination, conspiracy, monopoly, or any other unfair means; to control and regulate the acts of all such persons, associations, corporations, trusts, and officials doing business within the state; to prevent fictitious capitalization; and to authorize civil and criminal proceedings in respect to all the wrongs herein declared against.

Specifically: "...to encourage private and public institutions, rewards, and immunities for the promotion of agriculture, arts, sciences, commerce, trades, manufactures, and natural history." plus: "...or to destroy free and fair competition in the trades and industries through combination..."

Cannabis is a plant with several naturally occurring benefits. It can be used as a "safer" recreational substance, when compared to alcohol and tobacco; it can be made into industrial strength rope; it can be used for the seeds in food production, oils, food-butters, birdseed; it can be used as biomass; it can be beneficial as a medicine.

It is a commodity, and was established firmly as such in 1937 with Congressional passage of the "Marijuana Tax Act". Such an act could not have been made if cannabis wasn't a commodity, a source of value, an agricultural commodity. At the time cannabis was also included in the US Pharmacopedia, as a medicine. Henry Ford was experimenting with hemp oil as a bio fuel, others as a form of nylon, as in nylon stockings (source: "The Emperor Wears No Clothes", by Jack Herer - see my media list for details*).

Several Commercial Giants at the time, America Oil, DuPont, the newly revitalized alcohol industry found cannabis research and use as a threat. It also happened to be the case that DuPont had strong links with the Federal Gov't, and literally owned the state of Delaware with it's industrial monopolies. Between 1937 and 1940 several vital events that formed our future occurred... cannabis was subject to what was deemed (by the Supreme Court in 1971) an unconstitutionally taxable commodity; cannabis research and it's use as a medicine was squashed, except for a brief period during WW2 when 4H Clubs were urge to grow hemp for the war, without paying the tax; and changes in the federal gov't led to lawsuits against the monopoly DuPont had in Delaware and they were "forced to split" to enable fair market competition.

Present Day:

Cannabis is an agricultural and medical commodity, with additional uses in education, and personal well-being. It is my opinion, current laws against growing cannabis, research into cannabis, and prohibition of cannabis are a violation of the NH Constitution. Current laws reflect an ignorance of the potential of cannabis to benefit society, as well as a knee-jerk complicity to federal laws, which in essence violates NH's heart and soul, which Senator Ayotte invoked in her first senate speech: "Live Free or Die".

Either a state's Constitution means something, or it doesn't. To enact laws providing often severe penalties for possession or use of the cannabis plant is a violation of Article 83, of the NH State Constitution. If it doesn't mean something, then a a state invites anarchy, since it's laws and regulations in a democracy must abide by it's Constitution Oath. NH claims today that Federal law shapes their position on cannabis; I say the NH Constitution already clearly outlines how NH should regulate cannabis. And it's not doing so!

Currently NH is the only state in NE with seriously draconian laws against cannabis use, growing, possession; not that the laws in other NE states are completely fair, but NH leads the pack in states that issue harsh penalties for cannabis. This is unacceptable when considering the state's Constitution! The Constitution provides for redress of grievances where violation of the Constitution occur. I am officially demanding such redress, and suggest the laws prohibiting cannabis in NH are Unconstitutional.

Yes, I have written to my elected officials, including a e-mail to the NH Judiciary... I have e-mail responses on record. So, NO, I'm not just spouting off... I have put many years into this subject, and have done all I can to correct a wrong in our society - what I believe to be a wrong. The next step is up to my elected officials... either put up or shut up and reform current laws prohibiting use and possession of cannabis. NH could be the model of reform... but will they act? Will they do the right thing? Will they recognize state laws are unconstitutional and correct those laws? Or will they continue to pretend that current regulations and laws are just?

LIVE FREE OR DIE!

UPDATE! News from Canada - "ONTARIO JUDGE DECLARES CRIMINALIZATION OF POT UNCONSTITUTIONAL". "Ontario is one step closer to the legalization of marijuana after the Ontario Superior Court struck down two key parts of the Controlled Drugs and Substances Act that prohibit the possession and production of pot."

Now if only New Hampshire will recognize being conservative means what Senator Ayotte reminded us - NH government does not intrude with the rights of it's citizens, meddle in their personal lives, create laws that either put them in danger or, prevents them from achieving their full potential. Not an exact quote, but I'm beginning to understand Politics.