From Law Enforcement Against Prohibition Member Brad Jardis, a 10+ year veteran of the NH police force (and probably the most courageous cop I’ve ever known):
As you all know, I have been cleared for duty and will be reporting back shortly. I have been re-reading the NH Constitution carefully so that when I return I am well versed.
I have come to a conclusion in reading the document I am sworn to defend: It is unconstitutional for the state to take action against a sick person who decides to use Marijuana to treat a medical condition.
I will never arrest a person who possesses, uses, grows marijuana to treat a medical condition……. and neither should any other NH LEO who intends follow his or her oath. I won’t even take it from them.
Legal argument in support of my declaration (quite simple):
1. Short of fellating the entire NH General Court and the Governor, political activists in this state have done everything to present FACTUAL evidence to support allowing sick people to use a natural substance to ease suffering. I personally have begged the General Court to not make me arrest sick people.
2. Chief DEA Administrative Law Judge Francis Young ruled in 1988:
“Marijuana, in its natural form, is one of the safest therapeutically active substances known. It would be unreasonable, arbitrary, and capricious for the DEA to continue to stand between those sufferers and the benefits of the substance.”
3. Fourteen other states (and DC) allow the sick and dying to use Marijuana as medicine to alleviate suffering.
4. Article 10 of the NH Constitution reads as follows:
[Art.] 10. [Right of Revolution.] Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.
5. Government prosecuting a sick person for using a scientifically proven safe substance does not “benefit,” or “protect(…),” any community.
6. Government prosecuting a sick person for using a scientifically proven safe substance IS in-fact the emolument of a class of men: pharmaceutical companies. This is proven by evidence of pharmaceutical companies fighting against medical Marijuana laws. You cant grow Oxycontin in your living room, now can you?
7. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “absurd.”
8. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “slavish.”
9. A sick person continuing to suffer because a state law forbids them to use a scientifically proven safe therapeutic substance IS “destructive of the good and happiness of mankind.”
Conclusion: I won’t do it. Ever. Take your unconstitutional law and stuff it.
You know who I am, you know where I work, and I am not afraid of any of you. My word, my oath, is to the people: not the tyrants who want them to suffer.