For each State that has laws allowing marijuana to be grown and sold by commercial enterprises, but does not allow an individual to grow the same amount of marijuana in their home, or does not allow an individual to grow marijuana at all in their home - such as the proposed "cannabis" Bill in Vermont 2016 which allows commercial farmers to grow marijuana, and commercial businesses to sell marijuana in a "Lounge", but the new amended 2016 proposed "cannabis" law in Vermont keeps it a crime to grow marijuana at home
unless you have a medical marijuana card - in these instances, where one man can profit but another man will go to prison - that is not equal protection under the law. Isn't that a violation of the United States Constitution?
If you are poor you can apply for an "informa pauperis form" and
file a lawsuit directly with the Supreme Court of the United States,
without paying filing fees, against your home state if you feel your state marijuana laws
do not give you equal protection under the law and/or are unconstitutional for some reason.
Since Article VI of the Constitution establishes the
Constitution as the Supreme Law of the Land,
the Court held that an Act of Congress that is contrary
to the Constitution could not stand.
In subsequent cases,
the Court also established its authority
to strike down state laws
found to be in violation of the Constitution.
The original jurisdiction of the U.S. Supreme Court is governed by Article III,
Section 2 of the United States Constitution and Title 28 of the United States Code,
section 1251. Most commonly, original jurisdiction cases involve suits between
states as parties
Certain cases that have not been considered by a lower court may be heard by the
Supreme Court in the first instance under what is termed original jurisdiction.
The Supreme Court's authority in this respect is also derived from Article III
of the Constitution, which states that the Supreme Court shall have original
jurisdiction "in all cases affecting ambassadors, other public ministers and
consuls, and those in which a state shall be party." The original jurisdiction
of the Court is set forth in 28 U.S.C. § 1251. This statute provides further that,
in the case of disputes between two or more states, the Supreme Court holds
both original and exclusive jurisdiction and no lower court may hear such cases.
The number of original jurisdiction cases heard by the court is small; generally,
only one or two such cases are heard per term. Because the nine-member
Supreme Court is not well-suited to conducting pretrial proceedings or trials,
original jurisdiction cases accepted by the Court are typically referred to a
well-qualified lawyer or lower-court judge to serve as special master, conduct
the proceedings, and report recommendations to the Court. The Court then
considers whether to accept the special master's report or whether to sustain
any exceptions filed to the report.
Cris Ericson for Senate VT