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MAY 3 1 2011
IN THE U~r~_~\~:~TES DISTRICT COURT U. S. DISTRICT COURT
fAS.IERN. DISTRICI Qf MQ
FOR THE WESTFJRN'DISTRICT OF MISSOURI
CAPE GERARDEAU DIVISION
Petitioner, )
Respondent.
COMES NOW the petitioner, RODGER SERATT, pro se, as his own
prohibit the State of Missouri from enforcing a specific state statute; to obtain
other and further relief as the Court may deem just and proper under the
circumstances:
a sales business that involves a product the State of Missouri is, by enactment
August 28, 2010), attempting to ban from sale within the State of Missouri. If
enforced, the statute will interfere with petitioner's ability to carry out what
govern the intrastate commerce within the State of Missouri except that it may
ambiguous to the extent that the average man is unable to understand and
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4. This court has jurisdiction over this matter pursuant to 28 U.S.C. 1331,
sales of products known as K2, SPICE and Bathsalts. These are brand
not on any Schedule or other regulatory list of the United States or of the State
that have not been banned by any entity and, to the extent that any entity
may have listed said compounds on a drug schedule, said listing was not
by the petitioner, and the petitioner has attested to the fact that the
compounds are not intended for use in the manner for which the State
premises its ban, there is now an existing, actual and justifiable controversy
the fact of the unconstitutionality of the statute, and to such other and further
relief as the court may deem just and proper based on the facts, conditions,
brought before the House and Senate and passed which bans the sale of
the enactment of the statute. The statute does not define, nor does it provide a
list of the chemicals which are used to produce the "synthetic cannabis" the
statute seeks to outlaw. The statute's failure to list the chemical agents
cannabis (also known as "THe"), and to bring charges against any person who
compound.
8. The statute is so vague and uncertain that it fails to afford fair warning
nol and their optical isomers; and c) 3, 4 cis or trans tetrahydrocannabinol and
nor does it identify what renders a compound "similar to" those natural
10. Under the statute, because the effects of the improper use of such
compounds as Gasoline, Pam (cooking spray), and glue, these could become
unlawful under the statute. The products distributed and sold by the
products have no unlawful chemical agents in them. Like gasoline, Pam, glue
and paint, the K2, Spice and Bathsalt products sold by petition have an
ingredient that, when used inappropriately, can produce the mind altering
effects which would bring it within the statute's reach. But, as with gasoline,
glue, paint and Pam, not every agent that produces a mind altering state when
abused can be regulated by the State when it is sold for its intended use.
11. For a statute, that regulates an activity that individuals may from time
the forbidden activity with much specificity. The statute, Missouri Revised
Statutes Chapter 195.017, fails to provide notice of those activities so that the
individually may be well informed and made aware of what the State is
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regulating.
and paint are not restricted from selling their wares although each of those,
like K2, Spice and Bathsalt, when used inappropriately, alters the mental
13. Like glue, spray paint, Pam and Gasoline, petitioner's products
contain warnings on the label. These warnings inform those who purchase the
products that the products are not for human consumption. They are intended
to be used as incense and bath salts, as they are designated. To rule that the
statute in issue here is constitutional, and that the State of Missouri may
glue, gasoline, Pam and other such substances that may be abused by human
suspect.
14. If the statute required that retailers sell the product to individuals over
21 years of age, such as alcoholic beverages and cigarettes are subject, the
statute could pass muster. But, the statute does not issue such a regulation.
Rather, the statute forbids the distribution, sale and possession of the legal
investment money that was invested prior to the enactment of the act. It will
interfere significantly with his ability to engage in fair trading without the
16. There are no alternative means to resolve this issue and the State has
already burdened the petitioner's ability to enjoy his liberty by enacting the
statute. Therefore, the issue is ripe for litigation in this original jurisdiction
proceeding.
Because the statute in issue here violates, when enforced, the Fifth, Eighth and
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discriminates against those engaged in the liberty of selling said product; and,
grant such other and further relief as the court deems just and proper under
RODGER SERATT
Rural Rt. 1
Box 1996
Naylor, Missouri 63953
.-pJloNE: (;;'/3) <&5i-~oOO
Petitioner Pro Se Sui Juris
CERTIFICATE OF SERVICE
I hereby certify that a true and exact copy of the forgoing has, this ~
General for the Stat of Missouri, by placing a copy of same in the United
States mail with sufficient postage and addressing affIxed thereon to assure
delivery.
RODGER SERATT