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Arkansas Court Case #71-CV-189 History

DISABLED VIETNAM NAVY VETERAN SUES ARKANSAS TO END MARIJUANA PROHIBITION

IN THE 20TH JUDICIAL DISTRICT
CIRCUIT COURT OF ARKANSAS
Case # 71-CV-189

Robert L Reed
Plaintiff,
v.
THE STATE OF ARKANSAS,
Defendant.

_________________________________________________________
COMPLAINT
__________________________________________________________
INTRODUCTION
1. The Manufacturing, Delivering, or Possessing of the controlled substance, Cannabis (Marijuana) is regulated in Arkansas by;
Arkansas  Code Title 5 - Criminal Offenses Subtitle 6 - Offenses Against Public  Health, Safety, Or Welfare Chapter 64 - Controlled Substances.

2. The Manufacturing, Delivering, or Possessing of the controlled substance, Cannabis (Marijuana) is regulated by federal law;

Title 21 United States Code (USC) Controlled Substances Act 21 U.S.C.
United States Code, Title 21 - FOOD AND DRUGS
Chapter 13 - Drug Abuse Prevention and Control

3.  The current enforcement and penalties authorized by State and Federal  codes as it concerns CANNABIS (Marijuana) are in conflict, a violation  of Article VI, Section 2, of the U. S. Constitution, also referred to as  the Supremacy Clause. This is in violation of the Plaintiffs Civil  Rights guaranteed to him under the United States Constitution and the  Arkansas Constitution to wit:

Article 2 Deceleration of Right;

§  2. Freedom and independence. All men are created equally free and  independent, and have certain inherent and inalienable rights; amongst  which are those of enjoying and defending life and liberty; of  acquiring, possessing and protecting property, and reputation; and of  pursuing their own happiness. To secure these rights governments are  instituted among men, deriving their just powers from the consent of the  governed.

§ 5. Right to bear arms. The citizens of this State shall have the right to keep and bear arms, for their common defense.

§ 8. Criminal charges —Self-incrimination—Due process—Double jeopardy -Bail
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“…...nor  shall any person be compelled, in any criminal case, to be a witness  against himself; nor be deprived of life, liberty or property, without  due process of law…...”
§ 21. Life, liberty and property —Banishment prohibited.
No  person shall be taken, or imprisoned, or disseized of his estate,  freehold, liberties or privileges; or outlawed, or in any manner  destroyed, or deprived of his life, liberty or property; except by the  judgment of his peers, or the law of the land;

4. In this facial  challenge, Plaintiff seeks preliminary and permanent injunctive relief,  as well as a declaratory judgment that the challenged provisions of the  Arkansas Code cannot be enforced.
5. In this facial challenge,  Plaintiff ask this Court for an emergency temporary restraining order to  preserve his rights, and the rights of others, as it pertains to the  possession of Cannabis (Marijuana) within the legal boundaries of this  state.
Plaintiff also seeks a preliminary and permanent injunction, as well as declaratory relief.

JURISDICTION AND VENUE
6. This action arises under the Constitution and laws of the United States, including
42 U.S.C. § 1983. Jurisdiction is conferred on this Court pursuant to 28 U.S.C. §§ 1331 and 1343.
7.  This action also includes claims for relief that are based on the  Arkansas Constitution. These claims are based on the same nucleus of  operative facts and are so related to the federal-law claims that they  form part of the same case or controversy. This Court has jurisdiction  over the supplemental state-law claims pursuant to 28 U.S.C. § 1367.
8.  This Court has jurisdiction to issue the declaratory relief requested  pursuant to the Declaratory Relief Act, 28 U.S.C. §§ 2201, 2202.
9.   Venue is proper in the District of Arkansas pursuant to 28 U.S.C. §  1391(b). The Defendant resides within the District of Arkansas.

PARTIES
Plaintiff
10.  Plaintiff Robert L Reed is a resident of Dennard, Arkansas who is  encumbered by regulations restricting his guaranteed rights and civil  liberties as a citizen as defined by the Constitution of Arkansas and  existing regulations prohibit this ability to conduct agricultural and  manufacturing commerce activities or to utilize Cannabis in any form.  Also under existing Arkansas Law, there is no direct or implied  protection and it is unlawful for him to obtain ANY “controlled”  substance if his Doctor is not a practicing physician located within the  state of Arkansas.

DEFENDANT
11. Defendant State of Arkansas. It has adopted and enforced the state statutes that are challenged in this case.
12. All actions and inaction’s of the Defendant described herein are carried out under color of state law.

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THE CHALLENGED STATUTES
13.  Arkansas Code, Title 5 - Criminal Offenses, Subtitle 6 - Offenses  Against Public Health, Safety, Or Welfare, Chapter 64 - Controlled  Substances
14. Subchapter 1 - Uniform Controlled Substances Act -- Definitions
§ 5-64-101 – Definitions.
15. Subchapter 2 - Uniform Controlled Substances Act -- Designation of Controlled Substances
§ 5-64-215 - Substances in Schedule VI.
16. Subchapter 5 - Uniform Controlled Substances Act -- Enforcement and Administration
§ 5-64-505 - Property subject to forfeiture - Procedure - Disposition of property.

FACTUAL ALLEGATIONS
17.  The Plaintiff contends that the issue before the court stems from the  frequently used phrase that " Marijuana possession or use for any reason  is illegal under federal law” is not only false, it is misleading as  there exists conflicts with existing state and federal statues.

Plaintiff  is a resident of VanBuren County, Dennard, Arkansas, is a Disabled  Veteran who currently owns approximately 116 acres of property in said  county. The existing regulations do not afford him the possibility of  planting a Cannabis Crop (Hemp) due directly to Arkansas State statutes  even though “HEMP” (Cannabis Sativa L.) is defined by the United States  Department Of Aquaculture, a Federal Agency, as an “Agricultural  Commodity”. HEMP is recognized by the Internal Revenue Service and U. S.  Customs as such and and excise taxes are placed on all imports to the  United States. This alone hinders his opportunity to better his economic  status.

Furthermore, the same statues does not afford him the  choice of a possible medical alternative, compared to currently approved  FDA drugs which are being prescribed by the Veterans Administration, or  for that matter allow him recreational use in the same manner as  alcohol.
18. Plaintiff sees the issues as follows;
a. The  Plaintiff contends that citizens are held accountable to the "letter" of  the law or statute as the case may be, as published, not the  "intention" of said law or statute.
b. The plaintiff contends that if  there is no "letter of law", there can not be a violation of a law or  statute based on the "intent" of an "existing" law or statute.
c.  Plaintiff contends that the Arkansas Uniform Controlled Substances Act  as currently written and enforced is in violation of the "supremacy  clause" of the Constitution of the United States as ratified and his  Civil Rights;

1. The Federal Code TItle 21 USC contains five (5)  schedules for "controlled substances". Arkansas code annotated contains  six (6).
2. Under Title 21 "Marijuana" is a schedule one (1) Drug

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Under  the Arkansas Title 5 "Marijuana" is a Schedule six (6) drug and is not  listed in schedule one (1) of the statute as per Title 21 USC.
3. Under Title 21 SUBCHAPTER I — CONTROL AND ENFORCEMENT, Part D — Offenses And Penalties
§844. Penalties for simple possession
(a) Unlawful acts; penalties
“It  shall be unlawful for any person knowingly or intentionally to possess a  controlled substance unless such substance was obtained directly, or  pursuant to a valid prescription or order, from a practitioner, while  acting in the course of his professional practice, or except as  otherwise authorized by this subchapter or subchapter II of this  chapter. …….”

Plaintiff contends that the word "UNLESS" clearly  allows for the legal possession and use of “marijuana" as no exceptions  are noted for any specific drug.
(a) Arkansas Title 5 contains no  protections for the possession and use of ANY "controlled substance"  regardless of how it was obtained as there is no established protection  clause in the existing statute . Plaintiff contends therefore, without  such a clause that all controlled substances are currently illegal to  possess within the legal boundary’s of the State regardless of how they  were obtained.
4. There are conflicting definitions of "Marijuana";
At issue at the federal level;
(a) Title 21 defines the word "marijuana" as the plant Cannabis Sativa L".
(b) U S D A 1. Schedule one drug "Cannabis Sativa L. 2. HEMP, both with the same description “Cannabis Sativa L.
(c) Internal Revenue Service receives an import tariff tax on HEMP, “Cannabis Sativa L”.
d)  The Arkansas Code defines the word "marijuana" as " (i) Any part and  any variety or species, or both, of the Cannabis plant “.

PLAINTIFF CONCLUSIONS
1.  (a) Arkansas Title 5 as it pertains to the definition of the "word",  "Marijuana" is in conflict with the USC Title21 a violation of the U S  Constitution and the Supremacy clause.
     (b) The Federal Title 21  USC does not define any difference between a Schedule one drug,  “Marijuana” and the Agricultural product/commodity (HEMP), both have  identical definitions, “Cannabis Sativa L.”
    (c) The Genies  Cannabis, comprises three (3) distinct genus, Cannabis Sativa, Cannabis  Indica and Cannabis Rudilias , all with numerous species, none of which  are listed in the Title 21 USC as a controlled substance, but by  reference are covered as schedule six (6)   Controlled substance under  Arkansas Code, Title 5. Page 4
    (d) To possess certain parts,  compounds, or products obtained from the cannabis plant (Marijuana) are  legal under both the State and Federal code, however for the plaintiff  to grow the plant to obtain such products/compounds is illegal under  current statutes. For clarification plaintiff submits the following;
(1)  If “corn flakes” are a legal product, but it is unlawful to plant and grow the corn, how do you get "corn flakes"?
(2)  The following is not considered "marijuana" under both State and  Federal Codes, “the mature stalks of such plant, fiber produced from  such stalks, oil or cake made from the seeds of such plant, any other  compound, manufacture, salt, derivative, mixture, or preparation of such  mature stalks (except the resin extracted therefrom), fiber, oil, or  cake, or the sterilized seed of such plant which is incapable of  germination. “
(3) Arkansas Title 5 requires that all prescriptions  possessed by plaintiff must be prescribed by a doctor in Arkansas as  there is no exception listed in Arkansas code 5-64-419.
(4) The  Arkansas Code Title 5-Asset Seizure as it pertains to "Marijuana" and  civil forfeiture, is a violation of the plaintiffs Constitutional Rights  and Civil Rights, as it does not require a “conviction of a crime” to  have his assets/property seized by the State Of Arkansas.
(a) The  possession of a weapons by persons who have the legal right to buy or  posses a weapon are not barred from purchasing or possessing such  weapons if they are in possession of any valid prescription  recommendation or order. (Ref Title 21 USC.)
(1) As no Cannabis plant  other than Cannabis Sativa L. is "defined" by sec of Title 21 USC as  "Marijuana", any other Genius Cannabis or species of Cannabis Sativa L.  are legal to possess and use under the current "letter" of the law by  omission.
(h) The United States Congress by their actions or  inaction’s have legalized the medical and recreational use of  “Marijuana” for the District of Columbia over which they have control.

CONCLUSIONS

1.  Arkansas code definition of "Marijuana" is in conflict with Federal  Code, which is a violation of the U. S. Constitution Supremacy clause.

2.  Only one (1) Cannabis plant is defined by federal statute Title 21 USC,  therefore all other Cannabis plants with the exception of Cannabis  Sativa L are legal for any purpose by omission.

3. Under Title 18  there is no mention of any legally obtained prescription for a  controlled substance being grounds for restricting the possession or  purchase of a weapon, a right guaranteed by the 2nd Amendment of the U.  S. Constitution.

4. The United States Government has legalized  the medical and recreational use of "Marijuana" in the District of  Columbia, under their control and authority but deny the plaintiff, a U.  S. Citizen and resident of Arkansas the same privilege they granted to a  district of the United States.

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5. Under current  enforcement of Arkansas Title 5 and Title 21 USC, the plaintiff is  barred from growing the agricultural commodity "Hemp" of which 98% of  all hemp products consumed in the United States are imported thus  denying him the opportunity of financial gain.

6. Under the  current enforcement policy of local, state, and federal authorities as  it pertains to Cannabis aka “Marijuana", compared to the "letter of the  law" and due to ambiguities between State and Federal code/statutes the  plaintiff is being denied his Constitutional Rights in whole or in part,  which are guaranteed to him by the Arkansas Constitution and the  Constitution of the United States.

REQUEST FOR RELIEF
Plaintiffs respectfully request the following relief:
1.  A declaratory judgment holding that the challenged provisions of the  Arkansas statutes violate the United States Constitution and the  Arkansas Constitution.

2. A temporary restraining order,  preliminary injunction, and permanent injunction prohibiting Defendant  from enforcing the challenged provisions of the Statute.

3. Award other relief as this Court may deem just and proper.
DATED this 30th NOVEMBER 2016
_________________________________________
Robert L Reed
295 Elan trail
Dennard, Arkansas 72031
Email ********
(501) 745-6341
"pro se." (propria persona)




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