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LOUISIANA AF. OF NAT. OR. FOR REF. OF MARIJUANA LAWS v. GUSTE

Civ. A. No. 74-163.

380 F.Supp. 404 (1974)

The LOUISIANA AFFILIATE OF the NATIONAL ORGANIZATION FOR the REFORM OF MARIJUANA LAWS (NORML), and John Doe, on behalf of himself and all others similarly situated, Plaintiffs, v. Hon. William J. GUSTE, Jr., Attorney General of the State of Louisiana, et al., Defendants.

United States District Court, E. D. Louisiana.

March 19, 1974.

Attorney(s) appearing for the Case

William E. Rittenberg, New Orleans, La., Peter H. Meyers, Washington, D.C., for plaintiffs.

Louis Jones, Asst. Atty. Gen., New Orleans, La., L. J. Hymel, Michael E. Ponder, Baton Rouge, La., for defendants Hon. William J. Guste, Jr. and Hon. Edwin Edwards.

John Schupp, James Carriere, Asst. U.S. Attys., New Orleans, La., for defendants William B. Saxbe and Hon. John R. Bartels.

MEMORANDUM OF REASONS

COMISKEY, District Judge.

The plaintiffs herein have filed suit seeking declaratory and injunctive relief against the Federal Controlled Substances Act and the Louisiana Controlled Dangerous Substance Law insofar as they make the private use and possession of marijuana by adults a crime in Louisiana. The federal statutes which prohibit the possession of marijuana are contained in 21 U.S.C. § 801-904. The Louisiana provision is...

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