I have testified in front of this body before and asked this council, Quo Warranto?
Quo Warranto? Under what authority, does the City of Eugene or any governmental body claim the right to arrest, charge, incarcerate and cause financial loss to citizens for the possession of Cannabis, a gift from Natureâs God. There is no legislative jurisdiction arising either from the Constitution of Oregon or the United States Constitution for prohibitive possession statutes of a plant that comes from Almighty God. Cannabis prohibitory statutes are void ab initio.
To prohibit alcohol, which takes a manufacturing process, it took a constitutional amendment at both the State and Federal level.
The laws against marijuana are unconstitutional. As stated in the 16th American Jurisprudence, 256, 2edition, ââ an unconstitutional statute, whether federal or state though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose, since unconstitutionality dates from the time of its enactment, not merely from the time of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it.â
What does this mean? Well, it means at least two things.
1. The âprotectionâ racket run by the city of Eugene is illegal. The initial arrests, prosecutions, convictions and subsequent fines plus the âdiversionâ fees that are extorted from citizens on promises of âerasingâ their conviction are unlawful.
2. Since the question of authority has been breached in public and never been answered, elected city officials and city employees maybe personably liable for these actions that deny citizens their civil rights. There is no civil shield for public actions that are committed without proper Constitutional authority.
The absurdity of the status quo is there for all to see. I realize that while there is no will from politicians to even address the problem, the citizens of this state have already acted in defiance of their Federal and state governments to restore Cannabis to the materia medica.
It is time for courage not ignorance and deceit,
Again, I do not come here tonight to be combative but hope for dialogue so that our society may rid itself of the corrupting influence of a black market and deal with the issue in a constitutionally sound way, where individual civil rights are not illegally denied and government participates in legitimate regulation and revenues.
I can be reached at 541.744.0090 or at PO Box 577, Walterville, OR 97489 or [EMAIL PROTECTED] for any officials and/or citizens that would like to have dialogue.
Robert (Kris) Millegan
Peace
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