norml19 - Page 7
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thus unconstitutional, requiring the affirmance of
the trial court ruling for the plaintiff-appellee.
7o NEED FOR ADD!TXONAL ARGUME_
The DPF_s amicus brief argues for the
resolution of the case on non-constitutional,
statutory grounds. The ACLU ___.i_QU_ brief argues
that the constitutional due process liberty
interests of the terminally-ill outweigh the
state's interest in preventing the prescription of
marijuana°
The appelleeSs brief argues_ that, under the
heightened scrutiny of the state constitutiones
equal protection provisions: The state interest
is insufficiently compelling to permit the
infringement of his rights6 to alleviate his own
suffering_ ors to be protected from discrimination
in medical treatment, due to a health condition
(and its unique palliative remedy) over which he
has no control.
The amicus-applicantes enclosed brief
presents a separate point. NORML argues that,
even under the lowest possible standard of
constitutional analysis ("mere rationality'q): The
5
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