Medical Cannabis Association of North Dakota

I would like to draw your attention to Section 2 and ask; Isn't it time to change the marijuana laws in ND?

                           ARTICLE I

                             DECLARATION OF RIGHTS

Sec. 1.   All men are by nature equally free and independent and have

          certain inalienable rights, among which are those enjoying

          and defending life and liberty; acquiring, possessing and

          protecting property and reputation; and pursuing and obtain-

          ing safety and happiness.

Sec. 2.   All political power is inherent in the people.   Government

          is instituted for the protection, security and benefit of

          the people, and they have a right to alter or reform the

          same whenever the public good may require.

Sec. 3.   The state of North Dakota is an inseparable part of the

          American union and the constitution of the United States

          is the supreme law of the land.

Sec. 4.   The free exercise and enjoyment of religious profession and

          worship, without discrimination or preference, shall be for-

          ever guaranteed in this state, and no person shall be ren-

          dered incompetent to be a witness or juror on account of his

          opinion on matters of religious belief; but the liberty of

          conscience hereby secured shall not be so construed as to

          excuse acts of licentiousness, or justify practices incon-

          sistent with the peace and safety of this state.

Sec. 5.   The privilege of the writ of habeas corpus shall not be sus-

          pended unless, when in case of rebellion or invasion, the

          public safety may require.

Sec. 6.   All persons shall be bailable by sufficient sureties, unless

          for capital offenses when the proof is evident or the pre-

          sumption great. Excessive bail shall not be required, nor

          excessive fines imposed, nor shall cruel or unusual punish-

          ments be inflicted.   Witnesses shall not be unreasonably

          detained, nor be confined in any room where criminals are

          actually imprisoned.

Sec. 7.   The right of trial by jury shall be secured to all, and re-

          main inviolate; but a jury in civil cases, in courts not of

          record may consist of less than twelve men, as may be pre-

          scribed by law.

Sec. 8.   Until otherwise provided by law, no person shall, for a

          felony, be prosecuted against criminally, otherwise than by

          indictment, except in cases arising in the land and naval

          forces, or in the militia when in actual service in time of

          war or public danger. In all other cases, offenses shall be

          prosecuted criminally by indictment or information. The

          legislative assembly may change, regulate or abolish the

          grand jury system.

Sec. 9.   Every man may freely write, speak and publish his opinions

          on all subjects, being responsible for the abuse of that

          privilege. In all civil and criminal trials for libel the

          truth may be given in evidence, and shall be a sufficient

          defence when the matter is published with good motives and

          for justifiable ends; and the jury shall have the same power

          of giving a general verdict as in other cases; and in all

          indictments or informations for libels the jury shall have

          the right to determine the law and the facts under the

          direction of the court as in other cases.

Sec. 10. The citizens have a right, in a peaceable manner, to assem-

          ble together for the common good, and to apply to those in-

          vested with the powers of government for the redress of

          grievances, or for other proper purposes, by petition, ad-

          dress or remonstrance.

Sec. 11. All laws of a general nature shall have a uniform operation.

Sec. 12. The military shall be subordinate to the civil power.   No

          standing army shall be maintained by this state in time of

          peace, and no soldiers shall, in time of peace, be quartered

          in any house without the consent of the owner; nor in time

          of war, except in the manner prescribed by law.

Sec. 13. In criminal prosecutions in any court whatever, the party

          accused shall have the right to a speedy and public trial;

          to have the process of the court to compel the attendance of

          witnesses in his behalf; and to appear and defend in person

          and with counsel. No person shall be twice put in jeopardy

          for the same offense, nor be compelled in any criminal case

          to be a witness against himself, nor be deprived of life,

          liberty or property without due process of law.

Sec. 14. Private property shall not be taken or damaged for public

          use without just compensation having first been made to, or

          paid into court for the owner.   NO right of way shall be

          appropriated to the use of any corporation until full com-

          pensation therefor be first made in money or ascertained and

          paid into court for the owner, irrespective of any benefit

          from any improvement proposed by such corporation, which

          compensation shall be ascertained by a jury, unless a jury

          be waived, provided however, that when the state or any of

          its departments, agencies or political subdivisions seeks to

          acquire right of way, it may take possession upon making an

          offer to purchase and by depositing the amount of such offer

          with the clerk of the district court of the county wherein

          the right of way is located.   The clerk shall immediately

          notify the owner of such deposit.   The owner thereupon

          appeal to the court in the manner provided by law, and may

          have a jury trial, unless a jury be waived, to determine the

          damages

Sec. 15. No person shall be imprisoned for debt unless upon refusal

          to deliver up his estate for the benefit of his creditors,

          in such manner as shall be prescribed by law; or in cases of

          tort; or where there is strong presumption of fraud.

Sec. 16. No bill of attainder, ex post facto law, or law impairing

          the obligations of contracts shall ever be passed.

Sec. 17. Neither slavery nor involuntary servitude, unless for the

          punishment of crime, shall ever be tolerated in this state.

Sec. 18. The right of the people to be secure in their persons,

          houses, papers and effects, against unreasonable searches

          and seizures shall not be violated; and no warrant shall

          issue but upon probable cause, supported by oath   or

          affirmation, particularly describing   the place to   be

          searched and the person and things to be seized.

Sec. 19. Treason against the state shall consist only in levying war

          against it, adhering to its enemies or giving them aid and

          comfort. No person shall be convicted of treason unless on

          the evidence of two witnesses to the same overt act, or

          confession in open court.

Sec. 20. No special privileges or immunities shall ever be granted

          which may not be altered, revoked or repealed by the legis-

          lative assembly; nor shall any citizen or class of citizens

          be granted privileges or immunities which upon the same

          terms shall not be granted to all citizens.

Sec. 21. The provisions of this constitution are mandatory and pro-

          hibitory unless, by express words, they are declared to be

          otherwise.

Sec. 22. All courts shall be open, and every man for any injury done

          him in his lands, goods.   person or reputation shall have

          remedy by due process of law, and right and justice adminis-

          tered without sale, denial or delay. Suits may be brought

          against the state in such manner, in such courts, and in

          such cases, as the legislative assembly may, by law, direct.

Sec. 23. Every citizen of this state shall be free to obtain employ-

          ment wherever possible, and any person, corporation, or

          agent thereof, maliciously interfering or hindering in any

          way, any citizen from obtaining or enjoying employment al-

          ready obtained, from any other corporation or person, shall

          be deemed guilty of misdemeanor.

Sec. 24. To guard against transgressions of the high powers which we

          have delegated, we declare that everything in this article

          is excepted out of the general powers of government and

          shall forever remain inviolate.


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