Roth hemp and marijuana are by-products of the Cannabis plant an extraordinarily useful plant, a plant that mankind has exploited in virtually every way, for thousands of years. What is it about hemp, or Cannabis, that causes such a diversity of opinion about it today? You would think that by now we would know everything there is to know about it and long ago would have come up with a way of minimizing any potential danger so that we could enjoy its many benefits just as we do with all the other potentially dangerous products and commodities (from fire, guns and corrosive chemicals to alcohol, tobacco, and automobiles) that we use in our everyday lives.

Unfortunately, the exact opposite is true because in 1937. despite Cannabis' beneficial history, an unwitting U.S. Congress and President (Franklin Delano Roosevelt) essentially outlawed the cultivation and use of hemp, for virtually any purpose. Ostensibly, they were motivated by fear of the harmful effects of an intoxicant; in reality, they were serving other interests. Most of them had been duped into believing they were taxing the use of an allegedly harmful drug "marijuana," to discourage its use. In fact, few if any of the congressmen who voted in favor of the Marijuana Tax Act had ever heard the word "marijuana" before and didn't know what it meant. They certainly didn't know that hemp and marijuana came from the same Cannabis plant, and they were never told they were actually outlawing hemp a crop they were very familiar with because most of them grew up with it on their family farm.

As the quotation by Thomas Jefferson above so eloquently states, citizens must be informed of their rights in order to preserve them and remain free. The purpose of this book is to inform marijuana users of their rights and how to protect and assert them.

This book is based on both federal and state law. The federal law is applicable to all people in the U.S. regardless of their state of residence. The state law discussed will likewise be applicable to just about every reader, regardless of his or her state of residence. Forty-eight states, as well as the District of Columbia, have adopted the same basic anti-drug laws known as the Uniform Controlled Substances Act or the Uniform Narcotic Drug Act. In these states, the laws are generally identical except with respect to sentencing. The only two states that have not adopted the U.C.S.A. or U.N.D.A. are New Hampshire and Vermont; however, the law in those states is nearly identical to that in all the others.

After reading this book, you will be armed with a thorough understanding of your legal rights in general and specifically with regard to marijuana. An emphasis will be placed on protections under the United States Constitution. For example, you will learn when a police officer can legally stop you, when he can search you, when you have to be read your rights, what to do if an officer comes to your home with a search warrant, and how to counter many questionable police tactics simply by knowing and asserting your rights.

Many of the examples in this book are taken from actual court cases. Occasional factual changes have been made to help illustrate particular principles.

As a final comment, I should note that although this book was initially written in the early part of 1992 and completely updated and revised in late 1996, the law is always changing. Therefore, if you retain a lawyer to defend you on a marijuana charge you should follow his or her advice whenever it conflicts with this book.