MARCOUX v. ATTORNEY GENERAL


375 Mass. 63 (1978)

375 N.E.2d 688

TIMOTHY E. MARCOUX & others vs. ATTORNEY GENERAL.

Supreme Judicial Court of Massachusetts, Suffolk.

April 19, 1978.


Attorney(s) appearing for the Case

Matthew H. Feinberg for the plaintiffs.

Barbara A.H. Smith, Assistant Attorney General, for the defendant.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, & ABRAMS, JJ.


KAPLAN, J.

Lodged in this court for Suffolk County, the action was brought by a number of plaintiffs, for themselves and a class of persons similarly situated, against the Attorney General as defendant. The complaint alleged that the defendant proposed to enforce against the plaintiffs and others a statute, G.L.c. 94C, § 34, which prohibits under penalty the knowing possession of marihuana; the relief sought was a declaration that the statute is unconstitutional...

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