That simply means; you get a trial, hearing, whatever, that requires the state to make their claim and you have your opportunity to dispute and prove their claim is improper. Since the laws prevent you from possessing MJ, the due process would then be you defending yourself in court against a MJ possession charge.
And due process also allows you to defend yourself against unconstitutional laws.
If it didn't, there'd be no need for judicial review, right?
if you want history; start counting how many thousands of people have been been incarcerated for owning MJ. There is your history.
Well, they were obviously doing it wrong.
I highly doubt that any of them were asking the judge for his oath and bond... bringing in the supremacy clause... bringing in the immunities clause... teaching history lessons... getting expert testimony
... etc. There's no way that somebody could do all the things I'd do and still get convicted. I have looked at a couple appellate courts' rulings, and they typically just use the term "frivolous" a great deal... so I'd just preemptively use that term to describe their laws from the get go.
You could say the same thing about gambling (even if there is no assets lost), suicide, prostitution, and even child pornography (especially where the pictures are taken in a non-invasive manner to the child undertaking normal daily activities) but there are laws against or limiting every one of those actions.
So, are you saying that all of those I listed are also legal simply because nobody is being harmed?
Gambling is most definitely legal. I just won $40 at video poker a couple nights ago. What difference would it make to pass a law on suicide anyway?? The guy's gonna kill himself, and that IS the end -- no need to throw him in jail after he's already dead. Prostitution shouldn't be illegal, even tho it is most places. It makes no difference to me if an adult sells their body for sexual purposes or for construction purposes. Makes no difference!! They're both slaves.
Child pornography is the only one which doesn't CLEARLY follow the guiding principles of Common Law. Anytime you bring up children, tho... there's always the proper age of consent and guardianship, etc. An adult taking nude pics of children is most definitely harming them, it's just not quite as clear to define... but a jury of our peers would see it as harmful. Gambling and prostitution, tho? What's harmful about that? Adults consenting to waste their lives away in their own filth is completely lawful and legal, IMHO. Bring in a child for nefarious purposes, and the whole world will come down on your azz, esp. when you get caught and thrown in jail.
Since you believe you are right, here is a simple challenge to you:
buy a pound of marijuana. Go to the police and tell them you have a pound of marijuana. They will arrest you for possession and you will get your chance to prove yourself. Be sure to let us know when and where your trial is so we can come witness your success in fighting this.
Enforcement officers will enforce ALL laws and statutes, regardless of their constitutionality. I could most definitely win with a fair judge or a jury of my peers, but I'd rather hone my skills before that day comes. Thanks, tho.