DEA Form 225

SashaShiva

SashaShiva

Well-Known Member
Most people have heard of the Federal Marijuana Patients, but most people do not understand how that whole system works. I have been studying Supreme Court Cases, and DEA Administrative Law for the past few years, so I will explain the process.

So I will start with the Federal Marijuana Patients, they exist.
elvymusikka_AP11092709277.jpg


The Federal Marijuana Patients exist through the Investigational New Drug (IND) program, which is run through the Food and Drug Administration (FDA), via their Center for Drug Evaluation and Research (CDER) department. For years the Marijuana sent to these patients has been grown by the University of Mississippi, and the strain G-13 is supposedly the "liberated" genetics from this program at some time in the past.

In August 2016, the DEA opened up Registration for Federal Marijuana Growers, Importers, and Researchers.
Federal Register
::
Applications To Become Registered Under the Controlled Substances Act To Manufacture Marijuana To Supply Researchers in the United States

Catalent has already been approved to Import Tons of Marijuana
Importers Notice of Application - 2017 - Catalent Centers, LLC

Orrin Hatch and Jeff Sessions had a discussion about it the other day, there are 26 new companies that are waiting to be approved (we submitted our Religious Exemption in there too, so now it's 27)
[video=youtube;fOU7kVRwFxw]
[/video]
 
 
United States v. E. C. Knight Co. 156 U.S. 1 (1895)
Counsel contend that this definition, as explained by the derivation of the word, may be applied to all cases in which "one person sells alone the whole of any kind of marketable thing, so that only he can continue to sell it, fixing the price at his own pleasure," whether by virtue of legislative grant or agreement; that the monopolization referred to in the act of Congress is not confined to the common law sense of the term as implying an exclusive control, by authority, of one branch of industry without legal right of any other person to interfere therewith by competition or otherwise, but that it includes engrossing as well, and covers controlling the market by contracts securing the advantage of selling alone or exclusively all or some considerable portion of a particular kind or merchandise or commodity to the detriment of the public, and that such contracts amount to that restraint of trade or commerce declared to be illegal. But the monopoly and restraint denounced by the act are the monopoly and restraint of interstate and international trade or commerce, while the conclusion to be assumed on this record is that the result of the transaction complained of was the creation of a monopoly in the manufacture of a necessary of life.
 
You may have heard some crazy quotes about how safe Marijuana is, such as "Aspirin is more dangerous than Marijuana" or "Potatoes are more dangerous than Marijuana" or "It would take 100 tons of Marijuana, smoked in 15 minutes to Overdose" and other crazy quotes. Those actually came from a DEA Judge, Judge Francis, and he backed up everything he said.
 
Cannabis is Scheduled by the Government as Class 1 because it has no medial value but yet the government has supplied medical cannabis to a dozen patients for decades.

Religious freedom is guaranteed by the Constitution (OK, well, parts of 1 religion ...but no Hippy shit!) but rarely ever allowed to be used in court cases other than to persecute others.

We are a free people but have a massive list of plants and chemicals we can't legally consume as adults.

Liquor store on every corner.
:lot-o-toke:
 
Ok, here is the Update on what all is happening now.

The DEA responded to the SBA Fairness Board SBREFA complaint, they acknowledged everything, but said that the Petition is still under review.

So I took all the correspondences from the 2 back and forths through the SBA Fairness Boars, and sent them to the 10th Circuit to prove that the 10th Circuit made its ruling in error under Rule 59/60.

In DC with the FDA case, I demanded a Jury Trial

The Dallas County District Court scheduled a Non-Jury Trial in Feb 2020 about Religious use on the Texas State level, the other cases are Federal

I have about 25 days left to respond to the Denver County District Court about the Marijuana Enforcement Agency.

I am going to file in the City of Boulder soon against Tom Carr, the City Attorney, because I made some requests via town request things online, and he has taken it into his own hands. And he reported me on gmail in violation of my first Amendment, and doesn't want to let Religion come to Boulder.

And all the Texas Federal Cases are just waiting on Judges who claim to be reading and taking their time.

I now have Federal Executive Complaints against 10-15 Judges.
 
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.
 

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