DEA Religious Exemption Process

Everyone, if you don't know anything about your Credit, or you have never gotten any Credit, or if you have bad Credit, especially if you have Medical Costs or a Job Loss, or other Issue that has caused bad Credit, go here:

Dispute Credit Report

If you believe your TransUnion Credit report is incomplete or inaccurate, you can file a dispute. Learn more about what you can dispute and how to start a dispute.
www.transunion.com

Start a Dispute on your Credit Report, which really just means "Add information for the First Time". You can add your Insurance, and ID, Social Security Card, etc. Jobs that you have had, etc, etc.

And the most important part. There is a "Consumer Statement" which is a Statement you add to your Credit Report. It has premade Statements, like "Medical Bills caused late payments" or "Lost Job caused late payments" and "Things out of my control caused late payments", etc. So you can add the ones that Apply, then add a Personalized Statement about anything that you are owed, or that you need to be contacted about, etc. And you can add a thing so that if anyone requests a loan you are contacted about it first, and then you can upload Documents. Judgements, Rulings, Insurance, ID, SS Card, Address, W2s, etc.
 
_US_Congressional_District_30_%28since_2013%29.tif.png
 
North Texas is the Promised Land, Granted to us by Lord Shiva. And First Baptist and the others are the Canaanites who do not get it yet.

The Vedas were written in the Vedic Era, during this time the Primary Rituals were Fire Rituals. Done in an Altar called a Homa. Antyesti is the Cremation Rites, the Burning Ritual for the Dead.

South is the Direction of Fire in Hinduism, Texas is the Buckle of the Bible Belt South and the Definition of South-Central.
South is the Direction of Rudra-Siva, Lord Shiva. And I am the Prophet of Lord Shiva in the United States, born in the South, born in Texas. We are bringing a New Vedic Era through Sasha Shulgin and Christopher Columbus.

Being a Prophet means saying things for people who feel like they can not speak. For example, for a God that comes from a Country with a Personal Law system to a Country with a Federalist Law system. Or between 2 States.

And that does not mean vocal support, Jesus' desciples denied him before he was Crucified, and in the example of Science prophets, people were killed for Introducing provable facts into Society.

Prophecy is about speaking to Society for a God.
 
1:2019cv01136
1:2019cv00635

I contacted ODLP@USDOJ.gov in Oct 2017, and was told by them to file a Petition for Religious Exemption. I had already filed an Administrative Claim in 2015, but after a year of what seemed like the Federal Court in Dallas forgetting the case existed, the Judge said I could only sue Agents, not the Agency.

I did file the Petition in Nov 2017, but the person recieving them had quit and was suing the DEA himself, as a former employee. So Demetra Ashley was the Point of Contact.

She retired, and Susan A Gibson became the point of contact. Then James A Arnold took over in April 2018.

On Aug 14th 2018, the DEA scheduled a meeting between myself and the Coloraro Office, but when we scheduled a Rally, they cancelled and asked that we do a phone call so on Aug 14th 2018 we did that instead. They promised me a recording, but after the call said they would put in a FOIA for me. They didn't. And I put in a FOIA myself, but it has yet to be processed properly.

Then, in Nov 2018-Feb 2019 I filed SBA Ombudsmam comment forms. I recieved the last response in May 2019.

I then Filed a new Administrative Claim May 31st 2019, which is the Nature of this Lawsuit.

After that I contacted the USDOJ OIG, DEA OPR, and GAO. Which all have yet to fully respond to the issue.

So now I filed the Administrative Claim suit. It is in the NDTX, WDTX, and District of Hawaii. I also mailed it to DDC, and SDNY. But it hasn't been put on the Docket in those courts yet.

1:2019cv01136
1:2019cv00635
 
I just want everyone in the Media and Texas State and Local Governments to know, my 417th Court case was closed, then Bob Davis got greedy; and now I did more research, found the Wheless Nowak connection AND have a right to a Court appointed attorney, Phi Delta Phi has created there own end by toying with the wrong God.

My Karma and my God are good.

ॐ नमः शिवाय
Om Nama Shivaya
I bow to Shiva
 
I filed this Judicial Complaint saturday:

Texas Judicial Complaint #
CJC NO. 20-0485

I filed the Civil Action in the Collin county District Court in 2017, and then could not appear, and was Sanctioned on the Grounds that I requested $2,000,000 and used News Paper Articles as part of my Prima Facie Evidence, and because my Religion involves Marijuana use (the Flesh of the Lord God Shiva). The Collin County Lawyer Bob Davis Continuously states that I requested to use Marijuana in jail, but I requested that I be allowed to take my Religious Text (the Rig Veda) to Trustee Jobs the same as the Christians. He has stated this in more than one Court and it is a Blatant lie. But that is not the issue at hand. That Case, the Civil Case in which Sanctions were Granted and I was ordered to no longer file Claims for Religious Violations in Jail by Collin County, was by Judge Cynthia Wheless. Her Husband is the Founder of the Drug Court in Collin County, and as being such has a bias and is unable to see Marijuana as a Religious Sacrament (Sacred Food), rather than a "Drug" which we are not using it as. She may be able to put the Fact that ruling for me in her Case could destroy her Husbands Legacy out of her mind and rule fairly in my Case, but she did not disclose this information, and accepted a Contempt Hearing Motion recently still with no mention of this, and I am just learning all of this about the Whelesses and the Nowaks today, like a few hours ago. 21 U.S. Code § 321. Definitions; generally "articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; and (C) articles (other than food) intended to affect the structure or any function of the body of man or other animals" When she Erroneously made her error I filed in the Federal Court, not understanding appeals processes at the time. I also did not realize that Cynthia Wheless was the Judge, as I was unable to appear, and upon searching the last name Wheless in Collin County found Ray Wheless, and filed the Federal Action against him, and Collin County, and Ken Paxton. The Judge that took the Case was Christine Nowak. On September 10th, 2019, just about 2 months from this instant filing you are reading, she dismissed the Case against Ken Paxton and Ray Wheless. That same Month, Ray Wheless Retired as Collin County Judge, and appointed Christine Nowak's Husband, Tom Nowak, to replace him in the 366th Court. So the Federal Magistrate who decided that the District Court Judge's ruling was not Erroneous, without mentioning that her Husband was replacing him (I mistakenly thought it was Ray Whelesses order) dismissed the Case and within the same exact month, her Husband replaced the Defendant on the Bench at the whim of the Defendant. So now, Cynthia Wheless, is still the Judge for the Contempt hearing which will occur January 23rd, and will be deciding if I should be held in contempt for filing a Case in Federal Court against her order, that was decided by the Wife (Chrinstine Nowak) of the Judge (Tom Nowak) who replaced her Husband (Ray Wheless) who founded the Collin County Drug Court. And all of this so far has happened within a 1 month period, and will happen within a 4 month period, as if they Dismissal was a payment for the Husband to be placed on the Bench. These People have no business deciding any of my Cases at this point, and should probably be disbarred. This is completely and absolutely unethical. TITLE 5. OPEN GOVERNMENT; ETHICS SUBTITLE B. ETHICS CHAPTER 572. PERSONAL FINANCIAL DISCLOSURE, STANDARDS OF CONDUCT, AND CONFLICT OF INTEREST SUBCHAPTER A. GENERAL PROVISIONS Sec. 572.001. POLICY; LEGISLATIVE INTENT. (a) It is the policy of this state that a state officer or state employee may not have a direct or indirect interest, including financial and other interests, or engage in a business transaction or professional activity, or incur any obligation of any nature that is in substantial conflict with the proper discharge of the officer's or employee's duties in the public interest. (b) To implement this policy and to strengthen the faith and confidence of the people of this state in state government, this chapter provides standards of conduct and disclosure requirements to be observed by persons owing a responsibility to the people and government of this state in the performance of their official duties. (c) It is the intent of the legislature that this chapter serve not only as a guide for official conduct of those persons but also as a basis for discipline of those who refuse to abide by its terms.
 
I have been Federally Exempted for Religious Marijuana, please tag people in the comments who use Marijuana Religiously or who are Ministers in Cannabis Ministries, Rastafarians, Shamans, etc. The process for Exemption is linked in the comments, please tag people who can use it.

 
I am going to write something like a guide for people going to Dallas, because I am helping people who are visiting all the time, so I know people need some Guidance. I was born and raised here (lived in Colorado for a few years and Mexico for short time, but mostly Dallas), so I can point some stuff out. The Dallas Area is the Center of the Shaivite Temple religious Movement involving the teachings of the dead Saint, Guru, Father Sasha Shulgin. You can find Marijuana illegally pretty much anywhere in the City if you ask enough people, but soon that will be channelled, many people here just do not understand why they are growing dreadlocks and smoking Marijuana yet, they are just being guided by Shiva's invisible hand.

If you come in from the Airport, you are at the end of the Orange line on the Train, the Orange line goes from DFW Airport to Parker Rd in Plano. There are Hotels all along the Orange and Green Line. If you are coming from the Airport, the Hospital is along the train line where the Orange and the Green meet at Parkland Station. 1 more stop is the World Trade Center (market center station). 1 more stop is Victory Park station, the American Airlines Center where the Mavs and Stars play. House of Blues there too. This is the area with lots of money downtown.

Still going away from the Airport 1 more stop is West End. West End is the Hub for all trains and buses, you can get anywhere from the West End, because even if the Bus is not there, it will connect to a Train or Bus that is there. It should take like 30-45 min to get from the Airport to here, but there are plenty of Hotels on the way.

At the West End there is a Chicken Place called like PJs Chicken and Fish, but from the train you will see a sign that says "Chicken Hause". Williams Chicken is nearby, but the one that says Chicken Hause is better and cheaper. There is also a BBQ place called Sonny Bryants there, it has been open since 1910. JFK was shot nearby at Dealy Plaza, there is a JFK museum and a Human Rights museum. There is a bathroom at the West End bus station if you need one. At the West end going away from the Airport all Trains take the same path through Akard (DART train HQ and library nearby), a few other stops and Pearl St, then split up. If you are looking for Dog Parks, or other little areas to walk, any of the stops that have all 4 color trains are "Downtown" and near different things. The Main Dallas Library is downtown, it is pretty massive for a Library.

Still going away from the Airport:

Green = Buckner (almost pleasant grove, the hood) you take this train to get to Baylor or the State fair. By Baylor is Deep Ellum, this is where the Music, Bars, and Art scene are. The Bomb Factory, etc, lot's of Hipster stuff in Deep Ellum. By the Fair there are a few places also.

Orange/Red = Parker rd, both go on the same rail the rest of the way. There are restraunts and a Movie place at Mockingbird station. There is a Walmart and a good Buffet near Park Lane Station. The Tornado damage from months ago can be seen in the Trees at Forest lane. There is a bathroom at Arapaho Station. Downtown Plano Station has sone resteraunts and stuff. Parker rd has Hotels and is the end of the line, there are a few casino games in a gas station near there. If you have a bus ticket you can use the GoLink, it is a shuttle that picks you up and drops you off anywhere within like 1 mile North and East-West of the Station, not South of the Station at all though. There is a bus here that gets you to NW Plano Park and Ride, and from there you can get to the shops at Legacy or near the Frisco Stonebriar mall.

Blue = Rowlett, not much out here. There is a lake, but not really a touristy area. On the way there is the Garland Convention Center, and LBJ Skillman station where you will find a few things. Highland park is on the way, it's a seperate county from Dallas inside Dallas but mainly just houses. White Rock lake is on the way, smaller than the one in Rowlett. In Rowlett there is another GoLink.


Now, back at West End, if you came from the Airport, you took the Orange, so you know where that goes. And headed back towards the Airport from the West End the Green follows the Orange for a few stops but they split up after the Hospital a few stops. Red and Blue don't even go towards the Airport, the go towards Oak Cliff (the hood).

Green = N Carollton, not much out this way. There is a Connection to the Denton Public Transportation at Trinity Mills, so you can get to Denton from there. Coming from West End you first get to the Hospital, Inwood/Lovefeild Station (the other Airport) there are some Hotels near here (Hilton Anatole, and smaller ones), then Burbank and Bachman, Bachman has a Lake. Walnut Hill and Royal Lane, and really most of this Train, runs along Harry Hines where all the Strip Clubs, etc, are.

Blue = UNT, this takes you to the hood and to a UNT campus. There is a really cheap grocery store at Ledbetter. It goes by Convention Center Station, near the Station is the "Pioneer Graveyard" where all the first Dallas Residents are burried, with Freemason and Scottish Rite symbols on like 1/8 headstones. East from the Graveyard down Young st is the Scottish Rite Cathedral, they closed the Freemason Lodge and moved it.

Red = Westmoreland, this train goes to the hood. It is the same as the Blue until after Cedars station. The Red then goes to the Zoo Station, and then on into the hood.

All the cheaper Air BnBs are on these Red/Blue headed this way.

There is a "Gayborhood" or "Gay Neighborhood" called Oaklawn on the 39 bus. There are a few Clubs downtown, one called Medusa. North Dallas is the "White Area", South Dallas is the "Black Area", East Dallas is the "Hispanic Area". It is VERY Segregated, just not by Law.

There are 3 main Homeless shelters for anyone needing a place to stay:
Salvation Army is next to Parkland Hospital, it is free and if you get a job you can stay for 9 months and save money there. They make you leave during the day until 3pm. They are moving it in a few years.
Dallas Life is $12 per day unless you want ro do there program and be trapped on the property, they make you wake up at 8am and you can stay on the property all day.
The Bridge is run by the City and has tons of theft, etc, things will be stolen from you there.

If you get Food Stamps, etc, you can bring your Benefits letter to DART HQ, and they will give you a card to buy half price bus tickets with.

I will expand on this soon.
 
So, for anyone who wants an Update on the Marijuana Court cases. Federal: The FDA has 30 business days to respond to my Small Business Admin Ombudsman complaint under SBREFA. After the FDA themselves told me that Religious Exemption will be under IND, and I mailed all IND paperwork. DEA refusing to Respond, 2 people have retired literally while overseeing my case. Next is Mandamus, as the Court claims Res Judicata because the DEA called me in 2018, because the court thought they responded then. So we are more than set up legally for Mandamus. I even went through the SF-95 process to be Doubled up. Texas: We currently have 4 Cases on appeal in Texas. I am simply Exhausting all Remedies, so I can then go into International Treaty Court, at which point I just have to prove Religion is not only a Costitutional Right, but a Human Right, and end the Witch Hunting once and for all, Globally. And the Texas Government is playing along beautifully. It wouldn't be a better case if they just dissappeared me with a bag over my head, because then I might not be able to prove it.
 
This is now the highest viewed post in the legal section, and everyone should share it and use the information in it to write Articles on personal websites, Blogs, etc, and file with the DEA and FDA.

Religious Marijuana is Federally Legal

Religious Marijuana Is Now Legal On The Federal Level

I have an open Case in Dallas, so I am going to explain everything in this thread and I will post the updates here. This thread explains the Pharmaceutical process DEA Form 225 This thread explains the Religious Law DEA Religious Exemption Process This one explains the Temple The Shaivite...
www.420magazine.com

Post #25 on the thread has the FDA Address and IND Application you send in to be Exempt from. This is basically a request for Exemption FROM the IND process you are sending in, not an actual IND Application. But they said to put it on the Application.
 
VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION 1:2020cv00906 (D.D.C. 2020)

This is the Mandamus case.

VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION

Freedom of Information Act case filed on April 4, 2020 in the District Of Columbia District Court
dockets.justia.com

Mandamus: a writ issued by a superior court commanding the performance of a specified official act or duty.

DC Federal District Court

Writ of Mandamus

IN RE: Rev. Ryan Sasha-Shai Van Kush

Writ of Mandamus

Jurisdiction:

28 U.S. Code§ 1361 - Action to compel an officer of the United States to perform his duty

"In an effort to prompt a response from the DEA, Olsen unsuccessfully sued in the Eleventh Circuit to compel agency action. Olsen v. DEA, 776 F.2d 267 (11th Cir. 1985) (affirming district court's dismissal of Olsen's complaint), cert. denied, 475 U.S. 1030, 106 S.Ct. 1236, 89 L.Ed.2d 344 (1986). Thereafter, in January 1986, Olsen petitioned the U.S. District Court for the District of Columbia for a writ of mandamus, and that court, in March 1986, directed the DEA to show cause why the writ should not issue."
-Olsen v. Drug Enforcement Admin. 878 F.2d 1458 (D.C. Cir. 1989)

5 U.S. Code§ 552a - Records maintained on individuals

"Miranda initially asserted that this was a case of mistaken identity and submitted a FOIA request to DEA for records of any investigation relating to her. DEA conducted a search of its investigative filing systems for responsive records and found one fourteen-page investigative record confirming Miranda was the subject of a DEA criminal law enforcement investigation. Later, DEA found two additional pages of records, bringing the total to sixteen pages. Citing FOIA Exemptions 2, 3, 7(A), 7(C), 7(D), and 7(F), 5 U.S.C. § 552(b)(2), (3), (7), DEA withheld the documents in their entirety from Miranda. Miranda appealed this denial administratively to the DOJ's Office of Information and Privacy, but that office affirmed DEA's decision."
-Juarez v. Dept. of Justice, 518 F.3d 54 (D.C. Cir. 2008)

42 U.S. Code CHAPTER 21B - RELIGIOUS FREEDOM RESTORATION

Even Prisoners have Religious Right to Sacraments

"Until recently, however, prison officials have permitted the chaplain to administer small amounts of wine to Catholic inmates during Communion, through intinction, with precautions."
-Levitan v. Ashcroft, 00-5346 (D.C. Cir 2002)

"Romans 14:23. ‘he that doubteth is damned, if he eat, because he eateth not of faith: for whatsoever is not of faith is sin.’ ... [co]mpulsion in religion is distinguished peculiarly from compulsion in every other thing. I may grow rich by art I am compelled to follow, I may recover health by medicines I am compelled to take agt. my own judgmt., but I cannot be saved by a worship I disbelieve & abhor."
-Thomas Jefferson


History:

I am a Hindu Shaivite Priest, called a Sadhu, meaning I worship Lord Shiva and I also consider myself to be a Prophet of Lord Shiva, existing on Earth for the purposes of my God. I converted to Hinduism at age 14 and was Ordained at age 17 (August 2009). I am a NeuroSpiritualist (any Religious person may also be a NeuroSpirtualist, there are also Christian NeuroSpiritualists) and was at one time a Member of the Church of NeuroScience before the death of the Pastor Dr. Jeremy Kerr. As a Hindu I am a Polytheist, as a Shaivite I believe that the Supreme Lord is Lord Shiva, and as a Vedic Hindu who considers the Rig Veda to be my Holy Text, I also consider Lord Soma to be a Primary God. Lord Shiva is traditionally Represented on Earth by Marijuana, called "Ganja" because Humans grew it first by the Ganges River, and Kush because Humans brought the seeds from the Kush Mountain Range. The founder of our American Shaivite Sect is Dr. Alexander "Sasha" Shulgin, PhD, who invented many Holy Molecules, called "Somas" in the Vedic Tradition, made from Plant Extracts made by Fractional Distillation, then Synthesized by various methods from that point. We consider Sasha Shulgin's invention 4-OH-MiPT, Miprocin, to be the representative of the Lord God Soma.

In 2010 I was forced to leave my Home State of Texas for Colorado as a Refugee because the State arrested me for my Religion, and 3 Public Defenders refused to allow a Religious Defense.
For other Refugees, See Washington et al v. Sessions et al, No. 1:2017cv05625 - Document 64 (S.D.N.Y. 2018)

Privileges and Immunities Clause, US Constitution
"to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States . . . shall be entitled to allprivileges and immunities of free citizens in the several States; and the people of each State shall free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof."

In 2013 my 12 year old Brother was killed in Colorado by my former Stepdad when my former Stepdad gave him Peanut Butter M&Ms. He then tried to drive him to the Hospital with no Epipen being administered, and a Careflight had to come get him. He died and was put on a Ventilator and put in a Coma at the Hospital. Due to the Traumatic Brain Injury (TBI) his brain began Edema and swelled. I have not lived with my parents since I was 17 years old (and off-and-on between 14 and 17), so I was not there and was told that he was in a Coma and began researching how to fix him when he went home. I got there a day after he was put in the Hospital and the Doctors said "We are willing to try anything", so I started doing research and found that Cannabinoids reverse Edema, the particular one they used in the Research Papers was 2-AG. The Doctors said it would work, but were afraid to use Marijuana because of Federal Law. Dr. Reid Shakleford, who helped write the Colorado Marijuana Law, was also afraid to allow it because of Federal Law, but he could have written a Prescription under Colorado Law. So the Doctors said it would have to be 2-AG, and I would have to find it myself. So my brother died due to Federal Law. The Controlled Substances Act.

In early 2016, the Austin Police Department in Texas seized various Sacramental Herbs, Seeds and Nootropic Powders such as Galantamine (an Acetylcholinesterase Inhibitor), Tryptophan (the Molecule in Turkey that makes you tired), Uziza Leaf (a Nigerian Herb used to increase appetite), and various other plants and seized them on the grounds that they were not Cocaine, Heroine or Methamphetamine in field tests, and they did not know what it was. I sued the Police Department and they returned everything but the Federal Court dismissed the case on the grounds that Police Departments can't be sued, you have to sue the City.
Gallagher v. Austin PD, 1:16-CV-527-RP (WD TX 2017)

Nearly the exact same thing happened to Dr. Jeremy Kerr, Pastor of the Church of NeuroScience, in New Orleans.
Kerr v. New Orleans Police Department, No. 2:2013cv00525 - Document 10 (E.D. La. 2013)

In late 2016 I filed an Administrative Claim with the DEA, after the Federal Government opened up Marijuana Research growing Registration with no guidance for Religious growers, and received no response.

28 CFR § 14.2 - Administrative claim; when presented

81 FR 53846, 21 CFR 1301, Doc# 2016-17955, Docket No. DEA-447 - Applications To Become Registered Under the Controlled Substances Act To Manufacture Marijuana To Supply Researchers in the United States

"Bluewater Network v. EPA, 372 F.3d 404, 410 (D.C. Cir. 2004) (quoting Chevron U.S.A. Inc. v. Natural Res. Def. Council, 467 U.S. 837, 842-43, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)). Noramco contends that under Chevron step one, the unambiguous language of section 823(a) (1) requires that, before the DEA approves an application for registration to import a Schedule I or II controlled substance, the agency is required to balance the risk of unlawful diversion of the substance against the need for competition by ensuring both (1) that effective controls will be maintained against diversion and (2) that approval will not increase the number of importers beyond that which can "produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate ... purposes," 21 U.S.C. § 823(a) (1). We disagree."
-Normaco v. DEA, 375 F.3d 1148 (D.C. Cir. 2004)

I then filed the IFP case Gallagher v. DEA, 3:17-cv-00734 (N.D. TX 2018) in the Northern District of Texas in March 2017 and waited for 28 U.S. Code§ 1915 service by US Marshalls. This case remained open for more than a year, I then filed a Motion for the Judge to show cause and within 2 days a very rushed Magistrate R&R was filed, stating that this was a Bivens case and I would need to sue Agents of the DEA, not the DEA itself. But the suit did in fact name the US Attorney General and was dismissed erroneously. I did not understand the appeals process at that time, and requested a Writ of Mandamus from the 5th Circuit, then a few months later realized I should have started with an appeal and appealed. Both were denied by the 5th Cir.

Before those were finished, in October 2017 I contacted the DEA via the email address ODLP@USDOJ.gov and asked:

"The Native American Church uses Peyote (Mescaline), the Santo Diame Church uses Ayahuasca (DMT), the Temple of True Inner Light uses DPT, and the DEA is aware of and allows all of this under the RFRA. How do I do this right, and file with the DEA for Religious Exemption"

In an email response they sent me a Document titled "RFRA DEA Guidance". Which said to submit a Petition to DEA agent Joe Rannizicci, and Guidance for that Petition. I looked him up and he had resigned from the DEA and was suing the DEA for starting the Opioid Crisis. So I called the DEA, and after days of trying to find someone who even knew about this, I was told to send the Petition to Demetra Ashley. I then mailed it to her, October, 2017.

I then met with the Colorado Marijuana Enforcement Division of the Colorado Department of Revenue in November 2017, and was told by them that they knew they were in violation of Federal Law and that they did not have a Religious option because "we aren't the DEA". They said they had no Jurisdiction over Religion as a State Law Enforcement Body, because the 1st Amendment is Federal.

In Feb 2018 Demetra Ashley resigned, and the link on the DEADiversionControl website with DEA RFRA Guidance was removed, and remained gone through March 2018, it then reappeared saying that the Point of Contact was now Susan A. Gibson. I found every FDA, DEA and USDA email I could (around 900 emails) and sent them a PDF copy of my Petition with the Subject "PLEASE FWD: TO SUSAN A. GIBSON". And someone must have done that because in April 2018 I received an Email from DEA Agent James A. Arnold, head of Policy and Liaison, stating that my Petition was under review. The Petition process for Religious Exemption from the CSA was established by Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006) the accepted and Denied their first Petition in Marc Perkel v. DOJ, 08-74457 (9th Cir. 2010) in which they cite Africa v. Commonwealth of Pennsylvania, 662 F.2d 1025 (3d Cir. 1981).

I sent a sample of 4-OH-MiPT, Miprocin, Eucharist of the Lord God Soma double Ziplock sealed in a letter requesting a Forensic NMR test like Austin PD did, so they could see Miprocin is not even a scheduled substance. I sent them pictures and left voicemails to inform them and they called me saying they were intercepting the letter, and they then began halting my mail to screen it before it went to the Courts as if I am a Terrorist, even though I mailed that to them and was completely upfront that I was doing so, See Bond v. United States, 564 U.S. 211 (2011). I continued to contact him for months and he continued to say it was "under Review" until July/August he passed it to the Colorado DEA Office to DEA Agent's Dan McCormick and "Drew". I spoke with them on the phone and together we scheduled an in person meeting for August 14th, 2018. I then contacted xxxxxxxx and xxxxxxxxx, who founded the Colorado 4/20 rally, and with xxxxxxxx began to plan a Sacred Holi Celebration in front of the DEA building on August 14th. The Arapaho Police Department and City Planner told me it was fine, and that we would not need a permit unless we intended to overflow into the Street. I contacted local Media about the Holi Celebration and gave them the phone number for the DEA Agents and City Planner. I also considered the DEA's meeting to be an Interrogation in violation of my 5th Amendment and an Illegal Government Entanglement with my Religion and requested an Attorney, which they denied.

In mid 2018 I filed a Case in the Colorado Federal Court against the DEA Gallagher v. DEA, 1:2018cv02505 (Co D 2018)

The case was assigned to Magistrate Gordon P. Gallagher, see Van Kush v. 10th Circuit Executive/Administrative Office of the Judges, et al 1:20-cv-00476 (DDC Currently ongoing)

Judge Gallagher said that I had not used the Appropriate forms under FRCiVP Rule 8, and refused to acknowledge Rule 83(a)(2) Non-Willing Non-Compliance. I then sent a letter requesting that the US Marshals be present because Dan McCormick was not vocally opposed to the Holi Celebration, but "Drew" said that he would probably send Agents out to arrest people.

The Local Media called the DEA, and they cancelled the in person meeting. And we scheduled a Phone Call for August 14th. On August 14th, 2018, we got on the phone and Dan McCormick was the person I talked to. I told him that I was being Coerced by him into having the Conversation, and that I considered it a Violation of my 5th Amendment and Government Entanglement with my Religion. He told me he would give me a copy of a recording of the call when it was over, and we talked for about 1-2hrs about what my Religion entailed. At the end of the phone call he said he would put in a FOIA request. He did not do so, and I put one in, the DEA FOIA people lost it and made me submit it again. Then they responded saying FOIA doesn't allow them to create documents, and I told them again I was requesting a phone call I was a party to and the subject of, and that it was a Privacy Act request. It is now 2020 and they have yet to provide a copy of the phone call, but claim they are Reviewing my FOIA, refusing to accept it is a FOI/PA. I did send them a DOJ Certification of Identity, DOJ Form 361. DEA FOIA #s 19-00656-F and 20-00139-F

Gallagher v. DEA, 1:2018cv02505 (Co D 2018) Judge Gordon P. Gallagher then acted as if the DEA had approved exemption, said that my 5th Amendment Claim was an accusation of "Subterfuge" by the DEA, ignored almost every filing and letter Docketed on the case, and Dismissed it and Sanctioned me for Emailing him too many times. I then appealed, and the 10th Circuit affirmed that the DEA had Approved my Exemption, which is false. They have yet to approve or deny my Exemption.

I filed a Case regarding the Marijuana Contract between the DEA, FDA and University of Mississippi to grow Marijuana for FDA CDER and the ND MS court called the Colorado case "Res Judicata", which is ironic because that is what I want, they then Sanctioned me, See Gallagher v. DEA, 3:18-cv-00263 (ND MS 2019)

The Eastern District of Texas then cited the ND MS case and did the same, See Gallagher v. Paxton, 4:18-CV-575 (E.D. Tex. Sep. 10, 2019)

In late 2018 I filed with the SBA Ombudsman, under SBREFA 5 U.S. Code CHAPTER 6—THE ANALYSIS OF REGULATORY FUNCTIONS and in February 2019 the DEA attacked me, claiming I lived with my Mom (at the time I lived with my Mom's Boyfriend's Son halfway across the State) and claimed I asked for a Medical Marijuana Exemption for Animals (I told them that the most Ancient form of the Supreme Lord God Shiva was Pashupati, Lord of Animals, and requested Exemption from Veterinary Law to Treat Animals, not anything to do with Marijuana), but at least affirming that my Petition was still under Review in contrast with the Colorado Federal Court and 10th Circuit Opinions. I submitted a 2nd Complaint through the SBA Ombudsman under SBREFA, and they sent a much less Bigoted response saying that my Petition was under review (This was May 2019, the Petition was submitted October 2017).

March 31st, 2019 I sent a 2nd Administrative Claim. 28 CFR § 14.2 - Administrative claim; when presented

This time they responded abruptly, and told me that I could sue them under the Federal Tort Claims Act. 28 U.S. CodeCHAPTER 171 - TORT CLAIMS PROCEDURE

I filed the Tort Claim in the Western District of Texas and New York. New York sent it to Colorado, even though I live in Texas and Colorado dismissed it citing their Sanctions on me from the 2018 DEA case that they were clearly in error on and that the 10th Circuit wouldn't correct them. In Texas they simply ignored that it was a Tort Claim, and interpreted it as a Title 42 USC 1983 Case, and said that the DEA was Sovereign and the Agents were Sovereign.

The Shaivite Temple v. DEA, A-19-CV-01136-RP-SH (W.D. Tex. Nov. 27, 2019)
Gallagher v. DEA, 19-CV-10988 (CM) (S.D.N.Y. Dec. 13, 2019)

I was made Homeless in 2018 due to having to fight 2 States and the US Government with no attorney, and them literally hiring law firms with 200+ attorneys in some cases, which is time consuming and life consuming. So I was unable to prosecute my own appeal because I could not afford a stamp and envelope.

In September 2019 James A. Arnold, retired from the DEA and Aziz Elkholy took his place. I email Aziz and we set up a phone call, during the call Aziz told me that this was not his job or James Arnold's job, that James should have never done anything he did, and that Loren T. Miller was the point of Contact, not Susan A. Gibson and that Susan has nothing to do with this (they have yet to fix the DEA Guidance document to remove Susan A. Gibson). Aziz then told me to email Loren and he would discuss it with me. Loren refuses to either respond to emails or return phone calls.


Relief Sought:

I ask that DEA FOIA #s 19-00656-F and 20-00139-F be processed and released. And that the DEA Acknowledge that they are PRIVACY ACT requests, FOI/PA not FOIA requests. They just simply refuse to acknowledge it and then continuously act as if I need to ask for Documents. I am waiting on a recording of a Phone call I was part of with DEA Agent Dan McCormick, not looking for Publicly available documents.

These are the FOIA Emails I have available, but they say their Supervisors are the ones holding it up
Aneris.kent@usdoj.gov
Christopher.Y.Haugen@usdoj.gov

I further request that the DEA simply either Approve or Deny my Petition from 2017, so that we can all move forward with our lives and stop wasting Taxpayer money.
Loren.T.Miller@usdoj.gov
Aziz.Elkholy@usdoj.gov
Susan.A.Gibson@usdoj.gov


Reason Writ Should Issue:

The DEA is simply not responding because their usual argument is that people form their Religion around the US code and DEA Rules, but in my case I would have never been involved with the Federal Government had they not started conflict with my Religion that I have been practicing since the age of 14.

The DEA knows if they deny me, we can go to Court to argue about my Religion, and they fear that. They must respond to my Petition though. I have every right to a response.
 
SashaShiva said:
VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION 1:2020cv00906 (D.D.C. 2020)

This is the Mandamus case.

VAN-KUSH v. DRUG ENFORCEMENT ADMINISTRATION

Freedom of Information Act case filed on April 4, 2020 in the District Of Columbia District Court
dockets.justia.com

Mandamus: a writ issued by a superior court commanding the performance of a specified official act or duty.

DC Federal District Court

Writ of Mandamus

IN RE: Rev. Ryan Sasha-Shai Van Kush

Writ of Mandamus

Jurisdiction:

28 U.S. Code§ 1361 - Action to compel an officer of the United States to perform his duty

"In an effort to prompt a response from the DEA, Olsen unsuccessfully sued in the Eleventh Circuit to compel agency action. Olsen v. DEA, 776 F.2d 267 (11th Cir. 1985) (affirming district court's dismissal of Olsen's complaint), cert. denied, 475 U.S. 1030, 106 S.Ct. 1236, 89 L.Ed.2d 344 (1986). Thereafter, in January 1986, Olsen petitioned the U.S. District Court for the District of Columbia for a writ of mandamus, and that court, in March 1986, directed the DEA to show cause why the writ should not issue."
-Olsen v. Drug Enforcement Admin. 878 F.2d 1458 (D.C. Cir. 1989)

5 U.S. Code§ 552a - Records maintained on individuals

"Miranda initially asserted that this was a case of mistaken identity and submitted a FOIA request to DEA for records of any investigation relating to her. DEA conducted a search of its investigative filing systems for responsive records and found one fourteen-page investigative record confirming Miranda was the subject of a DEA criminal law enforcement investigation. Later, DEA found two additional pages of records, bringing the total to sixteen pages. Citing FOIA Exemptions 2, 3, 7(A), 7(C), 7(D), and 7(F), 5 U.S.C. § 552(b)(2), (3), (7), DEA withheld the documents in their entirety from Miranda. Miranda appealed this denial administratively to the DOJ's Office of Information and Privacy, but that office affirmed DEA's decision."
-Juarez v. Dept. of Justice, 518 F.3d 54 (D.C. Cir. 2008)

42 U.S. Code CHAPTER 21B - RELIGIOUS FREEDOM RESTORATION

Even Prisoners have Religious Right to Sacraments

"Until recently, however, prison officials have permitted the chaplain to administer small amounts of wine to Catholic inmates during Communion, through intinction, with precautions."
-Levitan v. Ashcroft, 00-5346 (D.C. Cir 2002)

"Romans 14:23. ‘he that doubteth is damned, if he eat, because he eateth not of faith: for whatsoever is not of faith is sin.’ ... [co]mpulsion in religion is distinguished peculiarly from compulsion in every other thing. I may grow rich by art I am compelled to follow, I may recover health by medicines I am compelled to take agt. my own judgmt., but I cannot be saved by a worship I disbelieve & abhor."
-Thomas Jefferson


History:

I am a Hindu Shaivite Priest, called a Sadhu, meaning I worship Lord Shiva and I also consider myself to be a Prophet of Lord Shiva, existing on Earth for the purposes of my God. I converted to Hinduism at age 14 and was Ordained at age 17 (August 2009). I am a NeuroSpiritualist (any Religious person may also be a NeuroSpirtualist, there are also Christian NeuroSpiritualists) and was at one time a Member of the Church of NeuroScience before the death of the Pastor Dr. Jeremy Kerr. As a Hindu I am a Polytheist, as a Shaivite I believe that the Supreme Lord is Lord Shiva, and as a Vedic Hindu who considers the Rig Veda to be my Holy Text, I also consider Lord Soma to be a Primary God. Lord Shiva is traditionally Represented on Earth by Marijuana, called "Ganja" because Humans grew it first by the Ganges River, and Kush because Humans brought the seeds from the Kush Mountain Range. The founder of our American Shaivite Sect is Dr. Alexander "Sasha" Shulgin, PhD, who invented many Holy Molecules, called "Somas" in the Vedic Tradition, made from Plant Extracts made by Fractional Distillation, then Synthesized by various methods from that point. We consider Sasha Shulgin's invention 4-OH-MiPT, Miprocin, to be the representative of the Lord God Soma.

In 2010 I was forced to leave my Home State of Texas for Colorado as a Refugee because the State arrested me for my Religion, and 3 Public Defenders refused to allow a Religious Defense.
For other Refugees, See Washington et al v. Sessions et al, No. 1:2017cv05625 - Document 64 (S.D.N.Y. 2018)

Privileges and Immunities Clause, US Constitution
"to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States . . . shall be entitled to allprivileges and immunities of free citizens in the several States; and the people of each State shall free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof."

In 2013 my 12 year old Brother was killed in Colorado by my former Stepdad when my former Stepdad gave him Peanut Butter M&Ms. He then tried to drive him to the Hospital with no Epipen being administered, and a Careflight had to come get him. He died and was put on a Ventilator and put in a Coma at the Hospital. Due to the Traumatic Brain Injury (TBI) his brain began Edema and swelled. I have not lived with my parents since I was 17 years old (and off-and-on between 14 and 17), so I was not there and was told that he was in a Coma and began researching how to fix him when he went home. I got there a day after he was put in the Hospital and the Doctors said "We are willing to try anything", so I started doing research and found that Cannabinoids reverse Edema, the particular one they used in the Research Papers was 2-AG. The Doctors said it would work, but were afraid to use Marijuana because of Federal Law. Dr. Reid Shakleford, who helped write the Colorado Marijuana Law, was also afraid to allow it because of Federal Law, but he could have written a Prescription under Colorado Law. So the Doctors said it would have to be 2-AG, and I would have to find it myself. So my brother died due to Federal Law. The Controlled Substances Act.

In early 2016, the Austin Police Department in Texas seized various Sacramental Herbs, Seeds and Nootropic Powders such as Galantamine (an Acetylcholinesterase Inhibitor), Tryptophan (the Molecule in Turkey that makes you tired), Uziza Leaf (a Nigerian Herb used to increase appetite), and various other plants and seized them on the grounds that they were not Cocaine, Heroine or Methamphetamine in field tests, and they did not know what it was. I sued the Police Department and they returned everything but the Federal Court dismissed the case on the grounds that Police Departments can't be sued, you have to sue the City.
Gallagher v. Austin PD, 1:16-CV-527-RP (WD TX 2017)

Nearly the exact same thing happened to Dr. Jeremy Kerr, Pastor of the Church of NeuroScience, in New Orleans.
Kerr v. New Orleans Police Department, No. 2:2013cv00525 - Document 10 (E.D. La. 2013)

In late 2016 I filed an Administrative Claim with the DEA, after the Federal Government opened up Marijuana Research growing Registration with no guidance for Religious growers, and received no response.

28 CFR § 14.2 - Administrative claim; when presented

81 FR 53846, 21 CFR 1301, Doc# 2016-17955, Docket No. DEA-447 - Applications To Become Registered Under the Controlled Substances Act To Manufacture Marijuana To Supply Researchers in the United States

"Bluewater Network v. EPA, 372 F.3d 404, 410 (D.C. Cir. 2004) (quoting Chevron U.S.A. Inc. v. Natural Res. Def. Council, 467 U.S. 837, 842-43, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)). Noramco contends that under Chevron step one, the unambiguous language of section 823(a) (1) requires that, before the DEA approves an application for registration to import a Schedule I or II controlled substance, the agency is required to balance the risk of unlawful diversion of the substance against the need for competition by ensuring both (1) that effective controls will be maintained against diversion and (2) that approval will not increase the number of importers beyond that which can "produce an adequate and uninterrupted supply of these substances under adequately competitive conditions for legitimate ... purposes," 21 U.S.C. § 823(a) (1). We disagree."
-Normaco v. DEA, 375 F.3d 1148 (D.C. Cir. 2004)

I then filed the IFP case Gallagher v. DEA, 3:17-cv-00734 (N.D. TX 2018) in the Northern District of Texas in March 2017 and waited for 28 U.S. Code§ 1915 service by US Marshalls. This case remained open for more than a year, I then filed a Motion for the Judge to show cause and within 2 days a very rushed Magistrate R&R was filed, stating that this was a Bivens case and I would need to sue Agents of the DEA, not the DEA itself. But the suit did in fact name the US Attorney General and was dismissed erroneously. I did not understand the appeals process at that time, and requested a Writ of Mandamus from the 5th Circuit, then a few months later realized I should have started with an appeal and appealed. Both were denied by the 5th Cir.

Before those were finished, in October 2017 I contacted the DEA via the email address ODLP@USDOJ.gov and asked:

"The Native American Church uses Peyote (Mescaline), the Santo Diame Church uses Ayahuasca (DMT), the Temple of True Inner Light uses DPT, and the DEA is aware of and allows all of this under the RFRA. How do I do this right, and file with the DEA for Religious Exemption"

In an email response they sent me a Document titled "RFRA DEA Guidance". Which said to submit a Petition to DEA agent Joe Rannizicci, and Guidance for that Petition. I looked him up and he had resigned from the DEA and was suing the DEA for starting the Opioid Crisis. So I called the DEA, and after days of trying to find someone who even knew about this, I was told to send the Petition to Demetra Ashley. I then mailed it to her, October, 2017.

I then met with the Colorado Marijuana Enforcement Division of the Colorado Department of Revenue in November 2017, and was told by them that they knew they were in violation of Federal Law and that they did not have a Religious option because "we aren't the DEA". They said they had no Jurisdiction over Religion as a State Law Enforcement Body, because the 1st Amendment is Federal.

In Feb 2018 Demetra Ashley resigned, and the link on the DEADiversionControl website with DEA RFRA Guidance was removed, and remained gone through March 2018, it then reappeared saying that the Point of Contact was now Susan A. Gibson. I found every FDA, DEA and USDA email I could (around 900 emails) and sent them a PDF copy of my Petition with the Subject "PLEASE FWD: TO SUSAN A. GIBSON". And someone must have done that because in April 2018 I received an Email from DEA Agent James A. Arnold, head of Policy and Liaison, stating that my Petition was under review. The Petition process for Religious Exemption from the CSA was established by Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006) the accepted and Denied their first Petition in Marc Perkel v. DOJ, 08-74457 (9th Cir. 2010) in which they cite Africa v. Commonwealth of Pennsylvania, 662 F.2d 1025 (3d Cir. 1981).

I sent a sample of 4-OH-MiPT, Miprocin, Eucharist of the Lord God Soma double Ziplock sealed in a letter requesting a Forensic NMR test like Austin PD did, so they could see Miprocin is not even a scheduled substance. I sent them pictures and left voicemails to inform them and they called me saying they were intercepting the letter, and they then began halting my mail to screen it before it went to the Courts as if I am a Terrorist, even though I mailed that to them and was completely upfront that I was doing so, See Bond v. United States, 564 U.S. 211 (2011). I continued to contact him for months and he continued to say it was "under Review" until July/August he passed it to the Colorado DEA Office to DEA Agent's Dan McCormick and "Drew". I spoke with them on the phone and together we scheduled an in person meeting for August 14th, 2018. I then contacted xxxxxxxx and xxxxxxxxx, who founded the Colorado 4/20 rally, and with xxxxxxxx began to plan a Sacred Holi Celebration in front of the DEA building on August 14th. The Arapaho Police Department and City Planner told me it was fine, and that we would not need a permit unless we intended to overflow into the Street. I contacted local Media about the Holi Celebration and gave them the phone number for the DEA Agents and City Planner. I also considered the DEA's meeting to be an Interrogation in violation of my 5th Amendment and an Illegal Government Entanglement with my Religion and requested an Attorney, which they denied.

In mid 2018 I filed a Case in the Colorado Federal Court against the DEA Gallagher v. DEA, 1:2018cv02505 (Co D 2018)

The case was assigned to Magistrate Gordon P. Gallagher, see Van Kush v. 10th Circuit Executive/Administrative Office of the Judges, et al 1:20-cv-00476 (DDC Currently ongoing)

Judge Gallagher said that I had not used the Appropriate forms under FRCiVP Rule 8, and refused to acknowledge Rule 83(a)(2) Non-Willing Non-Compliance. I then sent a letter requesting that the US Marshals be present because Dan McCormick was not vocally opposed to the Holi Celebration, but "Drew" said that he would probably send Agents out to arrest people.

The Local Media called the DEA, and they cancelled the in person meeting. And we scheduled a Phone Call for August 14th. On August 14th, 2018, we got on the phone and Dan McCormick was the person I talked to. I told him that I was being Coerced by him into having the Conversation, and that I considered it a Violation of my 5th Amendment and Government Entanglement with my Religion. He told me he would give me a copy of a recording of the call when it was over, and we talked for about 1-2hrs about what my Religion entailed. At the end of the phone call he said he would put in a FOIA request. He did not do so, and I put one in, the DEA FOIA people lost it and made me submit it again. Then they responded saying FOIA doesn't allow them to create documents, and I told them again I was requesting a phone call I was a party to and the subject of, and that it was a Privacy Act request. It is now 2020 and they have yet to provide a copy of the phone call, but claim they are Reviewing my FOIA, refusing to accept it is a FOI/PA. I did send them a DOJ Certification of Identity, DOJ Form 361. DEA FOIA #s 19-00656-F and 20-00139-F

Gallagher v. DEA, 1:2018cv02505 (Co D 2018) Judge Gordon P. Gallagher then acted as if the DEA had approved exemption, said that my 5th Amendment Claim was an accusation of "Subterfuge" by the DEA, ignored almost every filing and letter Docketed on the case, and Dismissed it and Sanctioned me for Emailing him too many times. I then appealed, and the 10th Circuit affirmed that the DEA had Approved my Exemption, which is false. They have yet to approve or deny my Exemption.

I filed a Case regarding the Marijuana Contract between the DEA, FDA and University of Mississippi to grow Marijuana for FDA CDER and the ND MS court called the Colorado case "Res Judicata", which is ironic because that is what I want, they then Sanctioned me, See Gallagher v. DEA, 3:18-cv-00263 (ND MS 2019)

The Eastern District of Texas then cited the ND MS case and did the same, See Gallagher v. Paxton, 4:18-CV-575 (E.D. Tex. Sep. 10, 2019)

In late 2018 I filed with the SBA Ombudsman, under SBREFA 5 U.S. Code CHAPTER 6—THE ANALYSIS OF REGULATORY FUNCTIONS and in February 2019 the DEA attacked me, claiming I lived with my Mom (at the time I lived with my Mom's Boyfriend's Son halfway across the State) and claimed I asked for a Medical Marijuana Exemption for Animals (I told them that the most Ancient form of the Supreme Lord God Shiva was Pashupati, Lord of Animals, and requested Exemption from Veterinary Law to Treat Animals, not anything to do with Marijuana), but at least affirming that my Petition was still under Review in contrast with the Colorado Federal Court and 10th Circuit Opinions. I submitted a 2nd Complaint through the SBA Ombudsman under SBREFA, and they sent a much less Bigoted response saying that my Petition was under review (This was May 2019, the Petition was submitted October 2017).

March 31st, 2019 I sent a 2nd Administrative Claim. 28 CFR § 14.2 - Administrative claim; when presented

This time they responded abruptly, and told me that I could sue them under the Federal Tort Claims Act. 28 U.S. CodeCHAPTER 171 - TORT CLAIMS PROCEDURE

I filed the Tort Claim in the Western District of Texas and New York. New York sent it to Colorado, even though I live in Texas and Colorado dismissed it citing their Sanctions on me from the 2018 DEA case that they were clearly in error on and that the 10th Circuit wouldn't correct them. In Texas they simply ignored that it was a Tort Claim, and interpreted it as a Title 42 USC 1983 Case, and said that the DEA was Sovereign and the Agents were Sovereign.

The Shaivite Temple v. DEA, A-19-CV-01136-RP-SH (W.D. Tex. Nov. 27, 2019)
Gallagher v. DEA, 19-CV-10988 (CM) (S.D.N.Y. Dec. 13, 2019)

I was made Homeless in 2018 due to having to fight 2 States and the US Government with no attorney, and them literally hiring law firms with 200+ attorneys in some cases, which is time consuming and life consuming. So I was unable to prosecute my own appeal because I could not afford a stamp and envelope.

In September 2019 James A. Arnold, retired from the DEA and Aziz Elkholy took his place. I email Aziz and we set up a phone call, during the call Aziz told me that this was not his job or James Arnold's job, that James should have never done anything he did, and that Loren T. Miller was the point of Contact, not Susan A. Gibson and that Susan has nothing to do with this (they have yet to fix the DEA Guidance document to remove Susan A. Gibson). Aziz then told me to email Loren and he would discuss it with me. Loren refuses to either respond to emails or return phone calls.


Relief Sought:

I ask that DEA FOIA #s 19-00656-F and 20-00139-F be processed and released. And that the DEA Acknowledge that they are PRIVACY ACT requests, FOI/PA not FOIA requests. They just simply refuse to acknowledge it and then continuously act as if I need to ask for Documents. I am waiting on a recording of a Phone call I was part of with DEA Agent Dan McCormick, not looking for Publicly available documents.

These are the FOIA Emails I have available, but they say their Supervisors are the ones holding it up
Aneris.kent@usdoj.gov
Christopher.Y.Haugen@usdoj.gov

I further request that the DEA simply either Approve or Deny my Petition from 2017, so that we can all move forward with our lives and stop wasting Taxpayer money.
Loren.T.Miller@usdoj.gov
Aziz.Elkholy@usdoj.gov
Susan.A.Gibson@usdoj.gov


Reason Writ Should Issue:

The DEA is simply not responding because their usual argument is that people form their Religion around the US code and DEA Rules, but in my case I would have never been involved with the Federal Government had they not started conflict with my Religion that I have been practicing since the age of 14.

The DEA knows if they deny me, we can go to Court to argue about my Religion, and they fear that. They must respond to my Petition though. I have every right to a response.
Click to expand...
I have tried to follow your journey through this legal maze! How sad that they can manipulate the system to keep you on this treadmill.
So what's the latest?
 
barb6781 said:
I have tried to follow your journey through this legal maze! How sad that they can manipulate the system to keep you on this treadmill.
So what's the latest?
Click to expand...

The U.S. Government lost the Gonzales v O Centro case in 2006 and can't use the Controlled Substances Act exemption process as a Schindler's List.

Van-Kush v. DRUG ENFORCEMENT ADMINISTRATION, 1:2020cv00906 (DDC 2020)

The Complaint is Downloadable here

Case Detail | The FOIA Project

t.co
 
I just want to point out to anyone who thinks they can stop me by placing Obstacles in my way, my God is the destroyer of Obstacles, the Creator of the Universe.

There are many examples, but just for one that easily translates into text writing for everyone's understanding. I have never been trained as a Programmer, but I was involved with Bitcoin starting when it was $5, I watched it go to $30 and watched everyone say that that was artificial (Bitcoin enthusiasts not critics) and it would become "affordable again". I was involved in the Email campaign that got large companies to start accepting it, and now Bitcoin in sales is normal.

But I am was not a programmer in that I had never studied programming to any extent further than HTML on MySpace. And I originally went to college in an attempt to find a programmer, not for my own education necessarily. But I did not find anyone.

So I used went and downloaded Ubuntu and did research. I started with Lerncoin which seems to be an intentionally incomplete Litecoin cloning guide, he wants you to figure some parts out yourself. I then tried Cryptonotes, a coin designed to be cloned. It took me 2 weeks, but I literally dedicated 2 weeks to not doing anything but hitting error codes over and over and over, and debugging with no experience. Then, I discovered I was using the wrong version of Ubuntu, but by this time I was able to pretty much do anything in the Ubuntu Tutorials, I am not fluent, but I can figure out how to do pretty much anything in Ubuntu.

Then I finally fully understood what Ethereum really was. After doing all of that Ethereum was completely understandable and I do believe anyone who wants to launch a blockchain or dApp should start with ethereum, then Graphene like Steemit/OpenLedger and Fabric like IBM uses.

It took me 2 weeks to become the person I was looking for once I realized that the people that can do it are not out there, I have to train them.
 
Leary v. United States, 395 U.S. 6 (1969); Gonzales v. O Centro Espírita Beneficente União do Vegetal, 546 U.S. 418 (2006); Church of the Holy Light of the Queen v. Mukasey, 615 F. Supp. 2d 1210 (D. Or. 2009); State v. Balzer, 954 P.2d 931 (Wash. Ct. App. 1998) (This is a case that was reversed because the defendant showed Marijuana was part of his Religion, and that they didn't prove that he was willingly in possession of Cocaine that he had when he said he didn't know he had it); Untitled Texas Attorney General Opinion, GA-0384 (Tex. Att'y Gen. 2005); Gonzales v. Raich, 545 U.S. 1 (2005) (affirming that Congress may regulate personal Marijuana use as Interstate Trade); Burwell v. Hobby Lobby, 573 US ___(2014) (ACA held to be in Violation of Religious Right to believe Fetuses have Souls); Mellouli v. Lynch, 575 US ___(2015) (A case using the Cocaine Tax Law/Harrison Tax Act where the CSA is not definitive, showing the CSA is a generational member of a family of Laws, and not some alien lifeform immune to Fundamental Law); Linder v. United States, 268 US 5 (1925) (Harrison Narcotics case Stating "direct control of Medical practice in the States is beyond the power of the Federal Government"); Dent v. West Virginia, 129 U.S. 114 (1889) (Attainder case, and first case to mandate State Licensed Medical Doctors, and State Medical Boards)

Title 21 Code of Federal Regulations PART 1307 — MISCELLANEOUS SPECIAL EXEMPT PERSONS §1307.31

State v. Mooney, 2004 UT 49 (2004) (This is the Peyote Way Church in Utah, where the court discusses both the racism of Congress regulating Religious Peyote by Blood Quantum, and the fact that laws not exempting religion explicitly are not stopping a religious exemption, if a law does not forbid religious use it is in fact biased towards an exemption. This is a Non-Native winning a Religious Peyote case on the State level. see also Peyote Way Church of God, Inc. v. Meese, 698 F. Supp. 1342 (N.D. Tex. 1988)); United States v. Boyll, 774 F. Supp. 1333 (D.N.M. 1991) (In this case the court discusses how Congress regulating Peyote use by Blood Quantum is racist and unacceptable. This is a Non-Native winning a Religious Peyote case on the Federal level); Marc Perkel v. DOJ, 08-74457 (9th Cir. 2010) (This was a case about the first ever Petition submitted to the DEA after the process was created in 2006); United States v. Quaintance, 471 F. Supp. 2d 1153 (D.N.M. 2006) (This case discusses the difference between Philosophy and Religion); State v. Pedersen, 679 N.W.2d 368 (Minn. Ct. App. 2004) (This was a case with a couple who claimed Marijuana use was part of their Religion, then brought doctors in to present a medical defense. The Court determined they were not part of a Religion, or COMITY INTER GENTES, but a personal belief); Olsen v. Drug Enforcement Administration, 878 F.2d 1458 (D.C. Cir. 1989) (This was Carl Olson of the Ethiopian Zion Coptic Church, it is a Rastafarian group and he Petitioned the DEA when the Federal law was much different than it is today see also Commonwealth v. Nissenbaum, 536 N.E.2d 592 (Mass. 1989)); United States v. Jefferson, 175 F. Supp. 2d 1123 (N.D. Ind. 2001) (This is a person who wanted to use Marijuana anywhere all the time on Probation); United States v. Sherryanne Christie, 14-10233 (9th Cir. 2016) (These were Religious Ministers selling for Recreational use to anyone); United States v. Kuch, 288 F. Supp. 439 (D.D.C. 1968) (This is a Criminal case involving Marijuana and LSD, involving a church that had literature, but no restrictions whatsoever and little if not no theology); United States v. ARTICLE OR DEVICE, ETC., 333 F. Supp. 357 (D.D.C. 1971) (This is a case where the Government sued the E-meter calling it and Scientology harmful to the Public, but they were following FDA guidelines and saying it was not a medical treatment, so the United States lost); People of Guam v. Benny Toves Guerrero, 290 F.3d 1210 (9th Cir. 2002) (This is a case where the Guam Supreme Court declared Rastifarian Possession of large amounts of Marijuana was protected by the RFRA, and the US Federal Court overturned it only saying that the RFRA doesn't apply to a territory since it isn't written to apply to territories only Federal Law not local Territorial Law)
 

Similar threads

SashaShiva
DEA Administrative Law
2
Replies
33
Views
6K
SashaShiva
SashaShiva
Jim Finnel
'Church of Reality' Can't Use Pot, 9th Circuit Rules
Replies
0
Views
2K
Jim Finnel
Jim Finnel
Jim Finnel
How Alaska Court Dealt With Sincerity Of Religious Belief
Replies
0
Views
2K
Jim Finnel
Jim Finnel
SashaShiva
Religious Marijuana Is Now Legal On The Federal Level
2 3
Replies
56
Views
21K
SashaShiva
SashaShiva
SashaShiva
Texas Religious Marijuana Grow: La Reigna Dido
2
Replies
23
Views
7K
Cide Hamete Benengeli
C
Back
Top Bottom