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Medical Marijuana On Trial In Nevada

(Legal Essay)

When Nevadans attempt to exercise their right to medical self-determinism — by participating in the medical marijuana program — their mere participation “incriminates” them within the meaning of the 5th Amendment (which prohibits the government from compelling you to “incriminate” yourself). In short, Nevada’s MMJ program is unconstitutional — because it violates the Fifth Amendment — by incriminating those who participate. Yes, merely having a medical marijuana ID card “incriminates” patients — because those patients are viewed as “criminals” in the eyes of FEDERAL law enforcement agents. Remember, while many STATES pass medical marijuana laws (and recreational marijuana laws), marijuana remains illegal under FEDERAL law. Truth is, medical marijuana creates the most aberrant and bizarre legal fiction of all-time — under state law, weed is “medicine,” but under federal law, weed is “contraband” (go figure!). But remember, this NEVER goes away. At all times, participants in medical marijuana programs — in all states — are subject to DEA raids. The sad reality of medical marijuana — is that the patient programs create lazy DEA agents. Once upon a time, law enforcement agents would pound the streets and investigate leads — like the old-fashioned, gumshoe detectives of yesteryear! But thanks to medical marijuana programs, DEA agents never have to leave the office! They just phone Carson City or Sacramento, ask for the patient registry — and voila — instant “probable cause!” Know this —>> if your name appears in the MMJ registry in Nevada, then the DEA has “probable cause” to believe that YOU are a “criminal” within the meaning of the FEDERAL Controlled Substances Act. YOU have been incriminated — in violation of the Fifth Amendment privilege against self-incrimination. Know your rights! ~~T. Matthew Phillips (NOT licensed to practice law in Nevada.)