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 iN THE UNITED STATES DISTR_CT COURT
 FOR THE DISTRICT OF MARYLAND
 UNITED STATES OF AMERICA
 v. : Criminal No. B_93_0391
 DAVID EDWIN ROEGGEMAN_ ET AL,_
 MOTION OF WILLIAM JOHN TROY0 III TO DISMISS
 INDICTMENT ON THE GROUNDS THAT THE CLASSIFICATION
 OF MARIJUanA VIOLATES DUE PROCESS AND EQUAL PROTECTION
 g_TH__LAWA_D__M L__D__E_THQRXTI_S
 COMES NOW the accused, William John Troy_ Ill, by counsel,
 and moves this Honorable Court to dismiss the indictment against
 him on the grounds that the classification of marijuana as a
 Schedule I substance in the Federa! Controlled Substance Act
 (_'CSA"), 21 U.S.C. § 801 9J_ F__q., is arbitrary and irrational
 and, therefore, is violative of the accused's right to due
 process and equal protection of the law as guaranteed by the
 Fifth Amendment to the United States Constitution. The accused
 requests an evidentiary hearing on this motion° In support of
 this motions the accused submits the following memorandum of
 points and authorities_:
 _U_ARY OF ARGU_F_
 This memorandum first discusses the several court decisions
 which have declared marijuana laws unconstitutional on grounds
 similar to those raised in this case. This memorandum next
 focuses on the applicable constitutional standard which should be
 Counsel for the accused is still in the process of
 accumulating data pertinent to the issues raised in this motion
 and will supplement this memorandum as this data becomes
 available°




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