Is Cultivation and Consumption of Cannabis a Basic Human Right?

A Right In Mexico

In 2013 the Mexican Society for Responsible and Tolerant Consumption filed a legal petition demanding the right to grow, own, and use marijuana.  That petition was initially denied but later appealed to the Supreme Court.  Their attorney, Andres Aguinaco, told, “We’re arguing that the government is infringing on the constitutional doctrine of the free development of personality.”  He argues that the Mexican Constitution protects the notion that an individual is free to use his or her best judgment concerning what’s best for their life and body, as long as it doesn’t infringe on other’s rights.

On November 5th, 2015 Mexico’s Supreme Court ruled in favor of the Mexican Society for Responsible and Tolerant Consumption, so that its members could grow, consume and distribute marijuana for personal use and agreeing that the use of cannabis is a basic human right. While the ruling did not immediately affect the country’s laws, it opened doors, and it appears Mexico is on its way to a National policy of sensible marijuana legislation.

“an individual is free to use his or her best judgment concerning what’s best for their life and body, as long as it doesn’t infringe on other’s rights.”

Aren’t Life, Liberty and the Pursuit of Happiness three of the Inalienable Rights which the Declaration of Independence says have been given to all human beings by their Creator, and which governments are created to protect?  So if the use of cannabis is a basic human right in Mexico, doesn’t it fall that it is a basic human right everywhere?  Obviously, cannabis works.  There is not only the anecdotal evidence that has been stacking up for the last 80 years, but there is scientific evidence that proves the efficacy of cannabis in treating myriad diseases and conditions, including turning cancerous cells into cannibals that eat themselves.  There is also the fact that cannabis has been proven to be safer than alcohol and better for relaxing after a long day than a stiff drink.

Compelling Interest

So the question has to become, “What is the U.S. Government’s Compelling Interest in keeping marijuana illegal”?  Is it to protect me from me?  I think essentially all of us are capable of protecting ourselves.  I know I am.

Who am I harming when I light a bowl or spark up a blunt?  Myself?  I’ve been using marijuana on and off since 1971 and I haven’t committed any rapes, robberies, thefts or murders nor have I experienced any ill effects from its usage.  Who is the victim of my personal consumption of marijuana?  Where is the Mens Rea, the Evil Mind, the Criminal Intent behind my actions?

My only Criminal Intent is to break a law that should not exist in the first place because it violates my basic, inalienable rights to be well and happy.  WHY is it illegal?

Intent To Litigate

The National Cannabis Patients Wall has filed a letter with the U.S. Government stating their intent to litigate the issue in reference to medical marijuana through a class action lawsuit.  Part of their rationale is the Equal Protection Clause of the 14th Amendment.  While I think that limiting the scope of the intended suit to medical usage is short-sighted, I support their efforts nonetheless.

You can read their Letter of Intent to Litigate HERE.  You can also register as a patient ( whether you reside in a legal state or not) HERE.  Registering, in essence, makes you a part of the Class Action Suit.

Hopefully, we will get a District Court to rule in our favor.  If not, then hopefully it will pass to SCOTUS and they will view it through the lens of The Constitution and Bill of Rights.