Homeless in Arizona

In this email Kevin Walsh says some of the stuff in the RAD initiative violates the Supremacy Clause in the US Constitution.

The Supremacy Clause is:

Source

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

8 . All government courts shall accept cases involving drug use, and decide the case based on the oral, written, or other contracts of the parties involved. Courts may not refuse cases by saying that drugs are illegal under Federal law, international law, or other laws.

Oddly marijuana criminal defense attorney Tom Dean copied that from the RAD initiative and put it in the Safer Arizona initiative.

I wonder if Tom Dean f*cked up on that.

From: Kevin Walsh To: [azsecularhumanists] <azsecularhumanists@yahoogroups.com> Date: Fri, Oct 26, 2018 10:46 AM Subject: Re: [azsecularhumanists] We will be filing this initiative to legalize ALL drugs on Wednesday November 7 Courts may not refuse to take cases based on drugs being against federal laws. State officials may not cooperate to enforce federal laws. If you're asking courts not to recognize federal law, that violates the Supremacy Clause. As for passing news drug laws, that clearly goes against the intent of total repeal. In any case, a state can't tax that which federal law prohibits. --Kevin Walsh "The south Korean pro-American traitorous forces advocating the theory of 'multiracial society' are riffraffs who have not an iota of national soul, to say nothing of the elementary understanding of the view on the nation and social and historic development." --Rodong Sinmun, 27 April 2006 On Fri, 10/26/18, Mikel Queen [azsecularhumanists] <azsecularhumanists@yahoogroups.com> wrote: From: Mikel Queen To: [azsecularhumanists] <azsecularhumanists@yahoogroups.com> CC: azsecularhumanists@yahoogroups.com Date: Friday, October 26, 2018, 9:38 AM Subject: Re: [arizona_antiwar_group] Re: [azsecularhumanists] We will be filing this initiative to legalize ALL drugs on Wednesday November 7. >This is very simple to understand, and it won't >tie the legislation up in court with conflicts with >the federal Supremacy Clause, as it doesn't >challenge any federal laws What conflicts with the federal Supremacy Clause do you see? I would like to address them and delete or modify them. >It simply states that the State of Arizona is out >of the drug enforcement business. That is the intent of the initiative. But if you simply say marijuana is 100% legal, there is nothingto prevent the Arizona Legislator from passing draconian taxes onmarijuana that make it effectively illegal. Like Kyrsten Sinema tried to do with that 300%, $900 an ouncetax on medical marijuana she proposed. That tax would have raised the price of medical marijuana to $1,200 an ounce,making it effectively illegal. And along that line, there is nothing to prevent the Arizona Legislator or city and county governments from passing draconian zoning laws against marijuana businesses and users that make it effectively illegal. Or the numerous draconian zoning laws that have been passedto severely limit the operation of marijuana business. Here in Tempe we have zoning laws that only allow businesesto sell medical marijuana in industrial areas. The zoning lawsalso severely limit the hours medical marijuana businesses are allowed to operate. I don't remember the times, but I think medical marijuana businesses are only allowed to operatefrom something like 9am to 7pm in Tempe. Also Tempe has passed police state laws requiring medicalmarijuana businesses to videotape all their customers. Chandler passed draconian zoning laws that require medical marijuana businesses to be at least one mile apart. On Thu, Oct 25, 2018 at 11:49 PM Kevin Walsh [arizona_antiwar_group] <arizona_antiwar_group@yahoogroups.com> wrote: From: Kevin Walsh To: [azsecularhumanists] <azsecularhumanists@yahoogroups.com> CC: azsecularhumanists@yahoogroups.com Date: Thu, Oct 25, 2018 at 11:49 Subject: Re: [arizona_antiwar_group] Re: [azsecularhumanists] We will be filing this initiative to legalize ALL drugs on Wednesday November 7. You are overthinking this. All your petition has to read is the following: 1. Arizona Revised Statutes Title 13, Chapters 34 and 34.1 are hereby repealed in their entirety. 2. All criminal convictions under Title 13, Chapters 34 and 34.1, are hereby vacated and expunged. All sentences for such crimes are to terminate immediately. This is very simple to understand, and it won't tie the legislation up in court with conflicts with the federal Supremacy Clause, as it doesn't challenge any federal laws. It simply states that the State of Arizona is out of the drug enforcement business. --Kevin Walsh On Thu, 10/25/18, Mikel Queen [azsecularhumanists] <azsecularhumanists@yahoogroups.com> wrote: From: Mikel Queen To: [azsecularhumanists] <azsecularhumanists@yahoogroups.com> CC: azsecularhumanists@yahoogroups.com Date: Thursday, October 25, 2018, 4:40 PM Subject: [azsecularhumanists] We will be filing this initiative to legalize ALL drugs on Wednesday November 7. We will be filing this initiative to legalize ALL drugs on Wednesday November 7. It legalizes all drugs, including the psychedelic drugs of peyote, LSD, DMT, lysergic acid diethylamide, mescaline, psilocybin. The basic idea behind the initiative is that if drugs are a problem, they should be a medical problem, not a criminal problem. Here is the link to the URL and the full text of the initiative. http://relegalize.100webspace.net/legalize_heroin_2020.php Initiative to re-legalize all drugs including marijuana, hashish, heroin, cocaine & peyote in Arizona OFFICIAL TITLE 100% re-legalization of all drugs including marijuana, hashish, heroin, cocaine, LSD & peyote FULL TEXT OF PROPOSITION Be it enacted by the People of the State of Arizona, the Constitution of the State of Arizona is amended BY THE ADDITION OF A NEW ARTICLE to read: Complete re-legalization of all drugs including marijuana, hashish, heroin, cocaine, LSD and peyote 1. The government shall recognize that drug abuse is NOT a criminal problem but a medical problem. 2. The government shall NOT tax, regulate, or pass any laws governing drugs or the use of drugs. 3. The government shall NOT assist any other government entities, such as Federal, foreign, world, Native American or state governments in enforcing any laws against drugs. 4. The government shall NOT pass any guide lines, rules, regulations or laws discriminating against people or entities that use drugs. Such as laws that limit a drug user's guns rights or parental rights. 5. Any person convicted of any drug offense in the past shall automatically have their criminal record cleared of those charges and automatically receive a full pardon for those charges.. 6. Any person arrested for any drug offense in the past who accepted a plea bargain for reduced charges shall automatically have their criminal record cleared of those reduced charges and automatically receive a full pardon for those reduced charges. 7. Any government employee, agent, elected official, judge, law enforcement officer or prosecutor that falsely arrests a person, violates a person's rights, passes a law or issues a ruling, guideline or edict that that interferes with a person's drug use rights defined here shall be personally and civilly liable to each person for each incident for a minimum of $1 million in damages or 10 times the actual amount of damages whichever is greater. There shall be no immunity to a person who claims to be "acting in good faith" or for any other reason. 8 . All government courts shall accept cases involving drug use, and decide the case based on the oral, written, or other contracts of the parties involved. Courts may not refuse cases by saying that drugs are illegal under Federal law, international law, or other laws. 9. Definitions: For this initiative the word "drug" or "drugs" refers to any, chemical, drug, prescription drug, over the counter drug, narcotic, plant which is used as a drug such as marijuana, cannabis, hemp, peyote, coco, tobacco, or opium; any chemical used to manufacturer a drug or narcotic; spice or other forms of fake or synthetic marijuana, hashish, marijuana, THC, CBD, heroin, morphine, opium, oxycodone, fentanyl, cocaine, codeine, PCP, phencyclidine, LSD, DMT, methamphetamine, amphetamine, lysergic acid diethylamide, mescaline, psilocybin, nicotine, alcohol, ethyl alcohol, ethanol alcohol, steroids or anabolic steroids, concentrated forms of drugs such as wax, hash oil, shatter, all other drugs including, but not limited to all drugs which are illegal under Arizona, federal or international laws. This includes, but shall not be limited to; paraphernalia and equipment for drug use, such as pipes, bongs, cigarette papers, syringes, needles or dabbing tools. 10. "Drug use" shall be defined as; but shall not be limited to: using, smoking, vaping, eating, consuming, drinking, snorting, transdermal delivery, injecting, sale, transfer, growth, cultivating, manufacture, processing, cooking, production, storage, possession, giving legal advice, transportation, or importation of any drug, or drug use for medical, recreational, commercial, industrial, religious or other uses.