INTRODUCTION:

Welcome to BobKat's Lair ®

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A lair is a home; A castle; A burrow; A haven; a place where one should feel safe. To ensure our safety especially in one's lair, we have laws. And some laws cause more harm than good!

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Time for the awakening...

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April 05, 2014

CANNABIS IS ALREADY LEGAL IN NEW HAMPSHIRE - THE GOVENOR AND OTHER POLITICIANS SIMPLY DON'T UNDERSTAND CONSTITUTIONAL LAW!

I'm not going to beat around the bush... marijuana is Constitutionally already legal in New Hampshire, the "Live Free or Die" state! The only hurdle as I see it is a clause that questions "sobriety" in Article 83 of the NH Constitution.

[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 pe ople 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 per
mitting the general court to regulate trusts and monopolies restraining free trade.


So what does this look like to you?:

Is this the image of a murderer, a child rapist, a kidnapper?

How is this picture different?:

A field of tobacco. A plant and commodity.

Or this?:
A field of cannabis. A plant, a commodity and medicine.

I'll repeat:

"[Art] 83: 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."

In relationship to the unfair prohibition of one agricultural commodity against another, unless there is a clear and imminent danger of death or a verified terrorist threat to society, an agricultural commodity cannot be prohibited in the State of NH.

"[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..."

"Natural History of this Country?"

The greatest service which can be rendered any country is to add a useful plant to its culture.
- Thomas Jefferson

Hemp is of first necessity to the wealth and protection of the country.
- Thomas Jefferson

And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree,
- Genesis 1:29

He causeth the grass to grow for the cattle, and herb for the service of man:
- Psalm 104:14

We shall, by and by, want a world of hemp more for our own consumption.
- John Adams

It doesn't take a Rocket Scientist to understand that it is legal under the NH Constitution to use hemp/cannabis as long as no one is hurt in the process... or just as sobriety is determined in cases of alcohol use, that marijuana is treated equally and fairly under the laws that protect society.

That it becomes apparent that what happens is, law enforcement is intimidated into violating NH Constitutional law by conducting raids on individuals and families whose sole purpose is in growing, selling or using hemp/cannabis as in an agricultural commodity under peaceful and benevolent terms; as a result of police actions people are hurt, families torn apart, people are killed or the action of illegality creates a back-side composed of cartels that exhibit reative types of control, death and destruction. All is unfair, as it is far less common that law enforcement will enact a similar action involving commodities like alcohol or tobacco.


Am I advocating "breaking the law in New Hampshire"?

No. Absolutely not! What I'm suggesting are the laws in place regarding cannabis/hemp/marijuana are currently Unconstitutional. I'm suggesting it is the right of the people to demand and acquire redress for violations of their Constitutional Rights. I'm saying, marijuana laws in New Hampshire are a violation of the People's Constitutional Rights.

Am I suggesting that the Governor of NH is ignoring and violating the rights of NH Citizens by what I call looking the other way when it comes to cannabis? Absolutely! The governor should be able to recognize the legitimacy of cannabis as an agricultural, scientific, medicinal commodity within the state and immediately take measures to bring marijuana laws into compliance with Constitutional law. Or prove why she can't or won't!

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