All briefs submitted by NORML Legal Committee attorneys. Briefs are cross referenced under applicable subject headings.
Canadian Constitution
Her Majesty the Queen v. Christopher Clay - Appellant Christopher Clay's Statement of Facts and legal argument filed by Paul Burstein, Esq., and Alan Young, Esq., to the Supreme Court of Canada, November 2001.
Constitutional Challenges
Marin Alliance for Medical Marijuana and Lynette Shaw v. United States of America - a constitutional challenge to the current Schedule I classification of marijuana under the Controlled Substances Act.
Commonwealth v. Richard Cusick and Russell K. Stroup
Discovery
U.S. v. Zane G. Leeds - Proof Brief for Appellant Leeds filed by Joseph Beeler, Esq., to the U.S. Court of Appeals for the Sixth Circuit, December, 1997. Subjects: plant count; plant marketability; discovery.
Driving Under the Influence of Marijuana
Everette Bryan Love v. State of Georgia - Appellant Love's brief filed by David E. Clark, Esq., and Jessica R. Towne, Esq., to the Supreme Court of the State of Georgia, February, 1999. Subjects: driving under the influence of marijuana; drug tests.
Drug Tests
Bd. of Ed. of Ind. School Dist No. 92 of Pottawatomie County, et al. v. Lindsay Earls, et al. - Amicus curiae brief filed by John Wesley Hall on behalf of NORML, NACDL, Common Sense for Drug Policy and the Cato Institute, to the US Supreme Court. February 2002. Subjects: drug tests, search and seizure.
Everette Bryan Love v. State of Georgia - Appellant Love's brief filed by David E. Clark, Esq., and Jessica R. Towne, Esq., to the Supreme Court of the State of Georgia, February, 1999. Subjects: driving under the influence of marijuana; drug tests.
Federal Sentencing Guidelines
Recidivist Enhancements in the Aftermath of U.S. v. Shepard -Analysis by Felicia Sarner, Supervisory Assistant Federal Defender, EDPA
Booker Litigation Strategies Manual- A Reference for Criminal Defense Attorneys
All About Booker - Analysis of the January 12, 2005 Supreme Court decision in the United States v. Booker changing federal and some state sentencing practices.
Informants
State of Iowa v. Carl Ervin Myers - Appellee Myers' Brief and Notice of Oral Argument filed by Thomas J. O'Flaherty, Esq., to the Iowa Supreme Court, December 3, 1996. Subject: valid motion to suppress all evidence seized per search warrant when issuing magistrate failed to make required credibility findings regarding informants.
Medical Marijuana
The United States of America v. Steele Smith - Motion to Dismiss
The United States of America v. Steele Smith - Motion to Reschedule
The United States of America v. Steele Smith - Motion to Present a Defense
Dispensing Medical Marijuana: Some Halachic Parameters - Wallace Greene, Ph.D., adjunct professor of Philosophy and Religion at Fairleigh Dickinson University, and immediate past president of the New Jersey Association of Jewish Communal Service says "medical marijuana can be prescribed according to Jewish law".
County of San Diego v. San Diego NORML, et.al - decision of the CA Court of Appeals.
State Of Oregon v. Amber and Michael Castilleja - Brief In Support Of The Respondents On Review, Amber And Michael Castilleja, By Amicus Curiae, The National Organization For The Reform Of Marijuana Laws
State Of Oregon v. Amber and Michael Castilleja - Application To Appear As Amicus Curiae In Support Of The Respondents On Review, Amber And Michael Castilleja, By The National Organization For The Reform Of Marijuana Laws
The People of the State of California vs. Matthew Fleming - A motion for the return of medical marijuana
The People of the State of California vs. Matthew Fleming - A supporting memorandum for the return of medical marijuana
County of San Diego v. State of California and San Diego NORML - Motion and Memorandum in support of the Motion
County of San Diego v. State of California and San Diego NORML - is the California Compassionate Use Act (Prop. 215) superceded by federal law, and therefore void and unconstitutional?
County of San Diego v. State of California and San Diego NORML - Defendant's Reply to Plaintiff's Opposition to Demurrer
In the Matter of Lyle E. Craker, Ph.D. - Respondent Dr. Lyle Craker's proposed Findings of Fact, Conclusions of Law, and Argument.
In the Matter of Lyle E. Craker, Ph.D. - The Government's proposed findings of Fact, Conclusions of Law and Argument.
People of the State of Michigan v. Matthew Burnell - Argues that the federal marijuana law which places marijuana in Schedule I is invalid, and that the prohibition is unconstitutional as a denial of substantive due process.
Robert Washburn, Petitioner, v. Employment Department and Stream Services, Inc., Respondents - Whether Oregon law prohibits employers from discriminating against Oregon medical marijuana patients based solely on their off-site use of therapeutic cannabis?
Ashcroft v. Raich - Does the federal government have jurisdiction under the Commerce Clause of the Constitution to criminalize personal medical use that is legal under state law?
State by State Medical Necessity Defense - a detailed report of each state
Santa Cruz v. Ashcroft, In the N. District of Ca. Plaintiffs' reply to official capacity defendants' opposition to motion for preliminary injunction
Santa Cruz v. Ashcroft, in the N. Dict. of Ca. Plaintiffs' opposition to official capacity defendents' motion to dismiss
United States of America v. Ed Rosenthal, et al. - Notice of motion and motion to dismiss on grounds of official immunity. Subject: Medical Marijuana
United States of America v. Ed Rosenthal, et al. - Notice of motion and motion to dismiss for lack of subject matter jurisdiction and on tenth amendment grounds. Subject: Medical Marijuana
United States of America v. Ed Rosenthal, et al. - Notice of motion and motion to dismiss on due process grounds (entrapment-by-estoppel). Subject: Medical Marijuana
Jon Gettman and High Times Magazine v. DEA - Petitioners' brief filed by John Gettman and Michael Kennedy, Esq., to the U.S. Court of Appeals for the D.C. Circuit. Subjects: Scheduling, Medical Marijuana
Government's Brief in Opposition to Petitioner (Gettman v. DEA) - Petitioners' brief filed by John Gettman and Michael Kennedy, Esq., to the U.S. Court of Appeals for the D.C. Circuit. Subjects: Scheduling, Medical Marijuana
People v. Myron Carlyle Mower - Opinion of the State of California Court of Appeal, December 2000. Subjects: medical marijuana, search and seizure, unlawful arrest
People v. Myron Carlyle Mower - Appellant Mower's brief filed by Gerald F. Uelmen, Esq., and Richard D. Runcie, Esq., to the Supreme Court of the State of California, May 2001. Subjects: medical marijuana, search and seizure, unlawful arrest
People v. Myron Carlyle Mower - Amicus Curiae Brief filed by J. David Nick, Esq., on behalf of CaNORML, to the Supreme Court of the State of California, September 2001. Subjects: medical marijuana, search and seizure, unlawful arrest
United States of America v. Oakland Cannabis Buyers' Cooperative - NORML brief amicus curiae filed by John Wesley Hall, Jr., Esq., Little Rock, Ar, with the U.S. Supreme Court, February 20, 2001. Subject: medical necessity defense under federal law.
State of New York v. Kenneth S. Toglia - Motion filed by Ruth Liebesman, Esq., to dismiss in the interest of justice in a New York medical marijuana case.
Dennis Watkins v. State of Florida - NORML brief amicus curiae filed by Roy S. Ward, Esq., to the District Court of Appeal, First District Court of Florida, November 29, 1996. Subject: medical use; marijuana scheduling; schedule prohibiting medical marijuana violates equal protection.
State of Florida v. George Sowell - NORML Foundation brief amicus curiae filed by Grant J. Shostak, Esq., to the Supreme Court of Florida, April 27, 1998. Subjects: medical use; public policy; scientific support of marijuana smoking for medical purposes.
State of Washington v. Ralph Seeley - NORML brief amicus curiae filed by Michael D. Cutler, Esq., and Jeffrey Steinborn, Esq., to the Supreme Court of the State of Washington, September 17, 1996. Subjects: medical use; marijuana scheduling under rational basis standard; schedule prohibiting medical marijuana violates equal protection and fundamental rights to substantive due process.
Medical Necessity law review article(s) - Contemporary law review article from Boston College Law review regarding medical necessity (2000)
See Also:
Her Majesty the Queen v. Christopher Clay - Appellant Christopher Clay's Statement of Facts and legal argument filed by Paul Burstein, Esq., and Alan Young, Esq., to the Supreme Court of Canada, November 2001.
Plant Count
Her Majesty the Queen v. Christopher Clay - Appellant Christopher Clay's Statement of Facts and legal argument filed by Paul Burstein, Esq., and Alan Young, Esq., to the Supreme Court of Canada, November 2001.
U.S. v. Zane G. Leeds - Proof Brief for Appellant Leeds filed by Joseph Beeler, Esq. to the U.S. Court of Appeals for the Sixth Circuit, December, 1997. Subjects: plant count; plant marketability; discovery.
Prop. 215 Compliance
County of San Diego v. San Diego NORML, et.al - decision of the CA Court of Appeals.
The People Of The State Of The State Of California v. Roger Mentch
Religious Use Challenges
United States of America v. Danuel Dean Quaintance
People of the State of Michigan v. Marc Pastoor - Motion and Brief to Dismiss for Violation of Religious Freedom Restoration Act
Scheduling
Marin Alliance for Medical Marijuana and Lynette Shaw v. United States of America - Does the federal government's classification of marijuana as a Schedule I drug bear a rational relationship to a legitimate government interest?
People of the State of Michigan v. Matthew Burnell - Argues that the federal marijuana law which places marijuana in Schedule I is invalid, and that the prohibition is unconstitutional as a denial of substantive due process.
Jon Gettman and High Times Magazine v. DEA - Petitioners' brief filed by John Gettman and Michael Kennedy, Esq., to the U.S. Court of Appeals for the D.C. Circuit. Subjects: Scheduling, Medical Marijuana
Government's Brief in Opposition to Petitioner (Gettman v. DEA) - Petitioners' brief filed by John Gettman and Michael Kennedy, Esq., to the U.S. Court of Appeals for the D.C. Circuit. Subjects: Scheduling, Medical Marijuana
Dennis Watkins v. State of Florida - NORML brief amicus curiae filed by Roy S. Ward, Esq., to the District Court of Appeal, First District Court of Florida, November 29, 1996. Subjects: medical use; marijuana scheduling; schedule prohibiting medical marijuana violates equal protection.
State of Washington v. Ralph Seeley - NORML brief amicus curiae filed by Michael D. Cutler, Esq., and Jeffrey Steinborn, Esq., to the Supreme Court of the State of Washington, September 17, 1996. Subjects: medical use; marijuana scheduling under rational basis standard; schedule prohibiting medical marijuana violates equal protection and fundamental rights to substantive due process.
U.S. v. Troy - Filed by John K. Zwerling, Esq. Subject: Marijuana scheduling.
See also:
Her Majesty the Queen v. Christopher Clay - Appellant Christopher Clay's Statement of Facts and legal argument filed by Paul Burstein, Esq., and Alan Young, Esq., to the Supreme Court of Canada, November 2001.
Search & Seizure
United States of America v. Mitchell J. Harrington - Memorandum in Support of Motion to Suppress, along with government manual on searching drivers, Operation Pipeline Manual.
Bd. of Ed. of Ind. School Dist No. 92 of Pottawatomie County, et al. v. Lindsay Earls, et al. - Amicus curiae brief filed by John Wesley Hall on behalf of NORML, NACDL, Common Sense for Drug Policy and the Cato Institute, to the US Supreme Court. February 2002. Subjects: drug tests, search and seizure.
People v. Myron Carlyle Mower - Opinion of the State of California Court of Appeal, December 2000. Subjects: medical marijuana, search and seizure, unlawful arrest
People v. Myron Carlyle Mower - Appellant Mower's brief filed by Gerald F. Uelmen, Esq., and Richard D. Runcie, Esq., to the Supreme Court of the State of California, May 2001. Subjects: medical marijuana, search and seizure, unlawful arrest
People v. Myron Carlyle Mower - Amicus Curiae Brief filed by J. David Nick, Esq., on behalf of CaNORML, to the Supreme Court of the State of California, September 2001. Subjects: medical marijuana, search and seizure, unlawful arrest
State of Iowa v. Carl Ervin Myers - Appellee Myers' Brief and Notice of Oral Argument filed by Thomas J. O'Flaherty, Esq., to the Iowa Supreme Court, December 3, 1996. Subject: valid motion to suppress all evidence seized per search warrant when issuing magistrate failed to make required credibility findings regarding informants.
State of Illinois v. Joe Muff - Motion To Suppress filed by NORML Legal Committee member David Stepanich before the Illinois Circuit Court in 1999. Subject: Asserts that evidence discovered during a search should be suppressed because the affidavit for the search warrant was facially defective; contained untrue factual allegations; and was not supported by probable cause. Further, that the police utilized improper tactics in its execution.
State of Washington v. Steve Thein - Washington State Supreme Court. Subject: Successful appeal from Washington Court of Appeals arguing that the probable cause for a search warrant requires more than generalizations regarding common habits of drug dealers, unsubstantiated rumor and inferences from facts not in the record.
Smell or Olfactory Legal Cases
Marijuana Odor Perception: Studies Modeled From Probable Cause Cases
Unlawful Arrest
People v. Myron Carlyle Mower - Opinion of the State of California Court of Appeal, December 2000. Subjects: medical marijuana, search and seizure, unlawful arrest
People v. Myron Carlyle Mower - Appellant Mower's brief filed by Gerald F. Uelmen, Esq., and Richard D. Runcie, Esq., to the Supreme Court of the State of California, May 2001. Subjects: medical marijuana, search and seizure, unlawful arrest
People v. Myron Carlyle Mower - Amicus Curiae Brief filed by J. David Nick, Esq., on behalf of CaNORML, to the Supreme Court of the State of California, September 2001. Subjects: medical marijuana, search and seizure, unlawful arrest
Micellaneous
State of Georgia vs. Robert Wood - Motion to Quash Indictment on Constitutional grounds.
State of Kansas v. Ronald J. Belciano - Motion to Dismiss and Memorandum in Support of Motion to Dismiss an indictment for possession with the intent to distribute marijuana.
Sell v. United States, 2001 U.S. LEXIS 4594
