In response to “Judge: Federal law trumps Montana’s medical pot law” (23 Jan.):

What trumps federal law is the federal Constitution.

I claim the federal classification of marijuana as a controlled substance is arbitrary and violates due process of law. Marijuana does not meet all three criteria to be a controlled substance: potential for abuse, medicinal use and safety of use. Federal laws say safety of use determines medicinal use. Marijuana is safe to use without medical supervision. Marijuana is not dangerous or life threatening.

I claim criminalizing marijuana is an unreasonable and unnecessary regulation of my fundamental rights to liberty, property and privacy, and contravenes the 4th, 5th and 14th Amendments of the Constitution of the United States. Criminal laws present a case or controversy under Article III. Being arrested is deprivation of liberty, seizing marijuana is deprivation of property, and a search warrant is an invasion of privacy.

Due process of law requires the deprivation of fundamental rights be justified by a compelling state interest to show the law is reasonable and “necessary” to protect public safety. The private cultivation and sale of marijuana to adults does not threaten the rights of others. There is no victim of a crime.

Every defendant in a motion to dismiss has standing to make these claims in court.

Judges can’t do their job until lawyers do their jobs. It’s against a lawyer’s self-interests to protect fundamental rights from unreasonable laws.

Michael J. Dee is a resident of Windham.

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