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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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