Many People have heard of "There used to be Marijuana Tax Stamps" and a Person will point to the bottom of a Pack of Cigarettes and show that each Box of Cigarettes has a Tax Stamp on it to Show that Taxes have been Paid. Most People don't know the actual History behind this, but have heard that you used to have to go get the Tax Stamp and think you can still go get one maybe, which is not True. Here is what Happened, this is the Harvard Article about it from the Time it Happened:
https://www.thecrimson.com/article/1966/5/13/marihuana-and-the-law-pprobably-the/
Â
What had Happened in that Case was that Dr. Timothy Leary didn't have a Tax Stamp and would have been Arrested if he had gone in and tried to get one, and then he was Crossing a Border (to Mexico), so he had to Declare and did not Declare, because it was in Violating his 5th Amendment Rights. The Tax Office wanting a Stamp, and then him not having a Stamp and having to Declare that he had the unTaxed Marijuana, with no Opportunity to be Taxed, was a Violation of his Right to not Incriminate Himself and the 5th and 14th Amendment Right of Equal Protection under the Laws. He Overturned the Entire Marihuana Tax Act and the Law no Longer existed, Marihuana was completely Legal with no Taxes, no Law, and in 1971 the Controlled Substances Act was Passed.
Â
So now, I (or we, the Van Kush Family as a whole) have Followed all of the DEA's Procedures, in Fact I am the Only Person in America who has done Everything Right as far as I know. You can Read some of the main Cases here:
https://casetext.com/case/gallagher-v-austin-police-dept
Â
These Cases can be seen as from Dr. Timothy Leary's Case, then we can also look at Dr. Jeremy Kerr's Case with the New Orleans PD. There are Native American Churches who need Help, the FDA actually Helped Dr. Jeremy Kerr with the Church of Neuroscience, and Told him that he should Label Everything as "Sacred Food" and not Talk about Drugs at all, just Food. But, Dr. Jeremy Kerr was not Talking about Marihuana, he was Talking about MXE, Etizolam, etc. This gets into then also Gonzales v. O Centro, there are Cases linked at the Bottom of this which are about the DEA RFRA Process, and the Cannabinoids that are being made, like Delta 8 and these Cannabinoids that were more Recently Found, or we could call some of them "Trace Molecules" that are being Mass Produced now from CBD and CBT and Things. And the Gonzales v. O Centro Case is where this gets kind of Defined. The Controlled Substances Act comes from the Psychotropics Convention which is a U.N. Convention where Everyone Signed. And what the DEA does is if you go to Court and say that something is Your Religion, the DEA will look at the Treaty and if your Substance from your Religion is on the Treaty, they will say "Sorry, we would Love to Help these Religious People out, but we have an International obligation" and that is like to make sure Doctors in Europe and Africa aren't making People Suck their Dicks for Vikadin or whatever, and then also just keep Drugs off the Streets in America and around the World. So that is where the DEA goes when you Argue Religion, so we can look at the Treaty.
Â
I have been Arguing with the DEA about NON-Delta-9-THC Cannabinoids since before anyone knew what a Delta 8 was. Here are my Records:
Â
DEA Administrative Law
https://www.420magazine.com/community/threads/dea-administrative-law.462306/
Â
DEA Religious Exemption Process
https://www.420magazine.com/community/threads/dea-religious-exemption-process.419059/
Â
Religious Marijuana is now Legal on the Federal Level https://www.420magazine.com/community/threads/religious-marijuana-is-now-legal-on-the-federal-level.441488/
Â
So the Van Kush Family has actually Taken this Farther than Anyone, and what happened is that in the 2nd Link on this Page you can see the DEA Released Documents saying they were Watching us and not Responding, ever since 2017. They already gave me the SF-95 Response, and I Filed on Time, but Really I could File another SF-95 and should just for Good Measure. We could also Resubmit a Filing for Exemption for Hemp, with the wider Array of Non-Delta-9-THC Cannabinoids available, we could start Talking about what is then a simple Title 42 Chapter 21B Discussion of "Least Restrictive Means" and Chapter 21C "any Practice".
Â
We are Probably further along than Anyone. Lexi from Texas, our Home State, moved to Colorado like we had, we have Similar Stories as Refugees, and I came back to Texas once I Learned how to Deal in the Law like this. I'm like a Writ Writer. So, Lexi Filed in Washington v. Sessions and a New York Judge said that they could not Challenge the Controlled Substances Act as Leary had, because they hadn't been through the DEA Process (which you wouldn't understand if you hadn't had this Article to Read that I put together of the Van Kush History) and then Hemp Industries Association does have a Great Win where the Court said that Congress Wrote Words in the Law, that say "THC Derived from the Leaves, Flowers, etc" but it does not say that THC from the Seeds is THC, so THC from the Seeds is not Legally THC. But when they sued because the DEA gave no Public Notice, or Emergency Scheduling of THC-O, meaning Congress can only do what the DEA did, the Court again said to HIA "You haven't gone through the Process". And that is this Process that should be Shared with Everyone. This is how it Works.
Â
Other Articles, not by me
https://harris-sliwoski.com/psychlawblog/how-dea-denies-religious-exemption-petitions/
https://www.lexology.com/library/detail.aspx?g=a23f4338-ec7a-4ad1-b477-5e0fd0bb2265
https://www.research.olemiss.edu/controlled-substances-registration
https://pharmacy.olemiss.edu/marijuana/history/
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/05/19/21-56133.pdf
https://capitol.texas.gov/tlodocs/84r/billtext/pdf/sb00339f.pdf
And just to get into some Thing for Everyone, usually you would not want to Refile an SF-95, but I would State New Facts, and so would you or it would maybe set you back even and you might miss the other Deadline.
Â
Then 2nd, you can File and be Dismissed all the way to the Supreme Court, then go to the D.C. Court, and request a Writ of Mandamus, this is: Request the Court to Tell an Agency to do their Job, and you can Cite a Case that is Great for this, Olsen v. DEA, which is about this Subject, so if you have been Dismissed all the way to the Supreme Court, that's what you do Next. And make sure you Contact the Agency First, and File the Mandamus as a Real Last Last Resort to get the Response, the Court should already be like "Ok, I Emailed you Guys with Threats for 6 Months, now we are going".
A few Things that Everyone should know about, the SBA Ombudsman and the GAO, these are 2 Resources that can Help with various Things, but in Particular these Offices can be Contacted about Religious Marijuana and Hemp. The Ombudsman at the SBA Follows SBREFA Law, and if you look at Lawsuits there are People that use SBREFA Laws Wrong, like they sued Bill Clinton under SBREFA, when you are supposed to sue the SBA Under SBREFA and the Agency, you would go to the Ombudsman First, then Sue all of them with the Records in Your Possession.
Â
The GAO is the Office that says Things like "The CIA Lost 7 Billion Dollars Last Year and no one knows where it went, they might have well have set it on Fire in a Closet somewhere", and you can Submit Things to them so they can investigate. The are the Government Accountability Office which Covers a Wider Range of Ethics, but they used to be just the Government Accounting Office, but that does Help you understand their Role.
Â
Then there are OIGs you can File with to Review each of these Offices to make sure when you Sue, you have "Exhausted all Remedies" as it is Called, you can Google that Term in Court Cases by looking at it with "Justia" or "CaseText" or "Leagle" or other Case Law Websites.
