Now that the violation(s) of state statutes has been addressed by the NV AG, the Mineral County Board of Commissioners have a fresh opportunity to abandon their misguided, ill conceived, wrong-headed, side trip into lawlessness, and return to the business of honest governance. Schedule I narcotics are controlled exclusively by the Food and Drug Administration, and as you well know, the Federal Law, the Controlled-Substances Act, retains this control in federal jurisdiction.
Your Oath of Office, as commissioners swore you to the following:
“You will bear true faith an allegiance (to the US Constitution) any ordinance, resolution or law of any State notwithstanding.”
This wording of this sacred Oath, was taken directly from the United States Constitution, article VI, the Supremacy Clause, as it is known.
You have been found to have deliberately, with purposeful deception, to have violated the Laws of the State of Nevada, in order to violate the Laws of the United States. This is a federal felony. You must stop this violation of Federal Law.
Until you have a legal document from the FDA, authorizing you to License the production, distribution, and sale of Controlled Narcotics, you cannot license anyone to produce, transport, or sell any such narcotics. The bogus Nevada Law, NRS 453, is inferior to the controlling Federal Statute, and is moot. Maybe you just need better counsel. That might keep you on the right side of the law.
Continued attempts to circumvent the Laws of the United States, and the Laws of the State of Nevada, will only lead to massive legal entanglements, especially with the negative consequences that consistently follow the proliferation of illegal narcotics in the community. There are five negative outcomes that are uniformly predictable, in the wake of expanded drug availability. They are: domestic abuse, domestic violence, child abuse, child neglect and DUIs. The illicit, corrupt expansion of these drugs, with the express actions of the Governing Authority, puts the citizenry in legal jeopardy, when claims start piling up.
Any actions by such governing authority to promote and condone violations of federal law, puts the taxpayers in a potentially disastrous predicament.
Please put an end to their disaster, and return to responsible policies.
I hereby request that this letter be made a part of the record on this matter.
Thomas A. Bergeron Sr.