The People v State & Federal authority, We filed last Thursday

[DNAprotection]

We published yesterday (minus the typos in the above post, my mistakes in the transfer) and filed proof with the county, so we are now cleared for take off
Signature gathering begins today...

 

[DNAprotection]

Meh, I wasn't even thinking about pot when I read it. I'm thinking about excessive government regulation and abuse of power by the FDA and the EPA.

That's what the pot heads intended. They've been trying to phrase cases this way for years now, heavy on the no-Federal-authority rhetoric (which is BTW correct), and very light on the its-none-of-anyones-business-if-we-want-to-get-high stuff.

That's why I consider it so ironic. The Fed does not, in fact, have any authority to regulate marijuana. Just as they have no authority to regulate wages, prices, workplace conditions, or any of a dozen other things where they've been intruding for decades. It would be great if the pot heads and other druggies could bring them to heel. I'll roll them a joint myself, if they can bring it off.

About a decade ago I filed suit against the Federal gov claiming protections under the 9th amendment (also had other causes of action including a 1st amendment argument) for the human right to grow any plant for my own uses outside of commerce, and of course I claimed that gov had no jurisdictional authority to outlaw any plant species etc..
In one of the first hearings the Judge tossed out the 9th amen argument, his reasoning was that an individual litigant cannot reach for the 9th amen whatsoever if attempting to claim a right 'held by the People' etc and that the 9th amen exists in court in the context of being simply a judges tool for interpreting the rest of the Constitution when adjudicating any particular case etc...
I've chewed on that judges words now for 10 years and I've come to the conclusion that he was correct.
Only the People can reach for the 9th amen to declare any certain right held by the People, and it is only after such, that a litigant can reach for said rights and the Constitutional protections afforded etc...Makes perfect sense, if we the People don't declare the certain rights held by the People, then its not there for a judge(s) to confirm, and its not a judge's place to make such a declaration on behalf of the People, so in the end it's nobody's fault but our's if we don't exercise the terms of our Constitutional contract...
We are attempting to do just that here in Lake County, Ca., and we are 1 week into collecting signatures to put the measure (above in the op) on the ballot, so far we have about 1/3 of the sigs we need and folks of all walks of life seem to be very excited to sign.
The hope is to set an example for other counties and eventually put a similar measure on the State ballot.

 

[DNAprotection]

Update on the Freedom to Garden Human Rights Restoration Act:

NEWS RELEASE:

Lakeport, California, The County of Lake,

May 27, 2014

On May 27, 2014, (we) the proponents of "THE FREEDOM TO GARDEN HUMAN RIGHTS RESTORATION ACT OF 2014" delivered and filed 4,879 signatures with the County of Lake Elections division in effort to qualify the proposed measure for the November ballot.

The Elections division can take up to 30 days to validate the 2,115 signatures needed before presenting the proposed measure to the Board of Supervisors for adoption or placement on the November ballot.

The proposed freedom to garden act will restore and reestablish that human beings hold a naturally endowed right to garden naturally occurring plants of Earth for their own use in effort to supply their own necessities of life and that such rights are held in perpetuity outside of commercial activities.

The proposed ordinance also finds that any law (State or Federal) that would deny or disparage the human right to garden is unconstitutional except in circumstances where the natural environment is being destroyed or polluted, or if a circumstance is creating a toxic public health risk.

To the best of our knowledge this is the first county ordinance of this kind anywhere in the country as it seeks to satisfy 'The People's' responsibility to State and Federal Constitutional contracts whereby 'The People' are to declare their 'certain rights held by the people'.

From the Declaration of Independence:

"That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

From the Constitution of the United States of America, bill of rights, 9th amendment:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

Text Of Initiative:

The Freedom to Garden Human Rights Restoration Act of 2014 | The Freedom to Garden Act

 

[DNAprotection]

All interested hands on deck...here is a fleeting chance...Please help<
If you are interested in helping to shift the national discussion into the direction of human rights and discrimination rather than the 'good plant bad plant' framing of all this which has and will only further corporate control over the plants that naturally occur on this planet, then please forward this article to any and all national media you can think of...it is on the Associated Press feed:

The Freedom to Garden Human Rights Restoration Act of 2014 | The Freedom to Garden Act

BOS places initiative measure to garden on November ballot - www.record-bee.com

BOS places initiative measure to garden on November ballot
By J.W. Burch, IV

[email protected] @JWBurchIV on Twitter

UPDATED: 07/09/2014 05:13:54 PM PDT


LAKEPORT >> An initiative measure regarding people's right to grow and use plants for the basic necessities of life was discussed by the Lake County Board of Supervisors (BOS) Tuesday.

Nearly 5,000 signatures were gathered, according to Lake County Registrar of Voters Diane Fridley. Of those signatures, 3,282 were checked and 2,167 were found sufficient.

Despite the measure being an umbrella for the growing and use of all plants, the conversation between the supervisors and the public addressed the growing of marijuana specifically.

"This property use would be in conflict with a number of county ordinances, but it would also, to some degree, supersede them," County Counsel Anita Grant said.

The initiative aims to "exempt all Lake County residents residing within the unincorporated areas of the county from any ordinances that would limit an individual's outside and/or greenhouse home gardening efforts," according to Grant.

Additionally, "in the event any neighbor complaints occur the parties involved would be sent to mediation provided by the county" as long as the complaints are not related to specific, medically-verifiable toxic health risks to the public, Grant said.

"Our staff and this board has wasted so much time on this nonsense," District 5 Supervisor Rob Brown said. "I don't know that I want county counsel spending time that could be spent on something more important and not wasted on this."

"This is strictly a declaration of a human right," Ronald Kiczenski, who circulated the petition, said. "It is the only thing that I can figure that is going to solve the big problems. The high value of the stuff, which causes crime, all the environmental damages. It all comes out of this prohibition."

The BOS had the option to adopt the initiative with no changes, or place it on the Nov. 4 ballot.

With a 3-2 vote, the board approved putting the initiative before the voters. District 1 Supervisor Jim Comstock and Brown dissented.

The board had voted the same way on June 17 to place a former initiative measure on the November ballot.

The first initiative was drafted by the Emerald Unity Coalition, which would prohibit all collective marijuana cultivation, as well as limit cultivation to four plants on county parcels less than one acre in size, according to County Counsel Anita Grant. A fee of $50 per plant would be imposed by the initiative .

 

[DNAprotection]

The LA Times all together missed the two most important aspects of this measure and whats going on in our county.
They also misquoted and misrepresented the person speaking on behalf of the measure.

In a decaying resort area, a pot war erupts - LA Times

This is what the measure is really about...
Letter to our local papers editor:
Measure "P", The Freedom to Garden Human Rights Restoration act, is about the responsibility to protect freedom and human rights here at home.
Unlike monarchy, communism, fascism or most other forms of government in existence, the primary stated purpose of the United States government, including county government, is to protect the naturally "endowed" "certain unalienable Rights" of "the People".
What in the constitution protects your naturally endowed right to grow a carrot or tomato plant etc, to feed and take care of yourself?
There are no specific protections guarding such rights. In the absence of specific language protecting your rights, and without a vote of the people, the corporately influenced government has assumed a God like jurisdiction over the natural plants of earth and the result has been nothing short of disastrous.
Of course outlawing a natural plant inflates its value as illegal commerce, so where your fundamental human right to garden once existed, now there is prohibition-related crime, violence and environmental destruction. While this erosion of your human rights has been the corner stone of funding and profits for organized crime, it has also worked to deny all people of critically needed food, medicine, fiber and other problem solving resources.
This Act would substantially help stop crime and environmental destruction in our county by simply restoring your naturally endowed human right to grow and use the natural plants of earth for your own needs. This Act would not protect anyone involved in commercial activities.
Denying your human rights has also laid the jurisdictional foundation for privately patenting genetically engineered plant life and has left all natural plant life legally unprotected from "GMO" cross pollination. Current law allows corporations to sue you for disparaging their rights if their patent protected pollen contaminates your garden.
This Act creates standing to hold corporations legally liable if their genetically engineered patented organisms (GMO's) contaminate the natural heirloom plants in your garden through cross pollination.
This Act specifically guards against individuals destroying the environment or creating a toxic public health risk.
This Act is the only honest, reasonable and responsible solution being proposed anywhere in the United States concerning the ill conceived corporately influenced prohibitions on earth's natural plant life.
Our choices at the ballot box are almost always comparable to choosing between Budweiser or Coors or the lesser of two evils etc.
If you are a person who hasn't voted because you don't see how it makes any difference, then this measure is your chance to make a real difference and your vote counts not only here in Lake county, but your vote will be representing the many across this state, country and world who have felt or are feeling as you do.
This Act appropriately engages the 9th amendment and the principal constitutional responsibility of "the People" to declare the "certain rights held by the people", thereby seeking to bring current county law concerning gardening into consistency with the 14th Amendment and equal protection under the law for home gardeners in the unincorporated areas.
If you are currently serving or are a veteran, this fight for freedom at home needs your assistance. The already disparaged freedom to live and take care of yourself the best you can is part of what so many before us have sacrificed their all for. We continue to ask our young men and women to go fight and sacrifice to protect this thing we call freedom. This act intends to honor our shared responsibility to all those who have answered the call and continue to sacrifice for freedom. Our children need us to secure these basic human rights for them and for all those who come after us.
Wholly restoring and protecting your naturally endowed right to garden would cripple organized crime and impose overdue accountability on corporations like Monsanto where current law provides none.
Please read measure "P", "The Freedom to Garden Human Rights Restoration Act of 2014", and then please consider voting to restore and protect your human rights and responsibilities in November.