norml18 - Page 7
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plaintiff-appellee, Attorney Ralph Seeley. This
case presents the StateSs appeal from a trial
court determinations that the statute_s schedule I
classification of marijuana violates Ralph
Seeley's rights under the stats constitution.
Ill. ARGUME_
THE STATE DRUG SCHEDULING LAWsS CLASSIFICATION OF
MARIJUANA IN SCHEDULE I_ FOR THE TERMINALLY-ILLs
LACES ANY RATIONAL BASIS FURTHERING A LEGITIMATE
STATE INTEREST;
THUSF IT MUST BE MOVED TO A LOWER APPROPRIATE
SCHEDULE (ALLOWING ITS PRESCRIPTION TO THE
TERMINALLY_ILL)_ BECAUSE AS FODND BY THE TRIAL
COURT:
TKE SCHEDULE I PROHIBITION AGAINST MEDICAL USE
VIOLATES THE STATE CONSTITUTIONAL RIGHTS (ART. I_
SEC. 12e EQUAL PROTECTIONS ANDs SEC° 32s
FUNDAMENTAL RIGHTS-SUBSTAMTIVE DUE PROCESS) OF
DYING PATIENTS
The State argues that the trial court erred
in failing to apply a '_mere rationality _' standard,
when evaluating the constitutionality of
marijuana_s schedule I classification (appellant's
brief at 26-28; reply brief at 18 and 21). Seeley
and the Amicus ACLU argue that, as the trial court
found: A higher standard (requiring a relatively
more compelling state interest) applies, which the
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