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UNITED STATES v. MAAS

Crim. A. No. 82-281.

551 F.Supp. 645 (1982)

UNITED STATES of America, Plaintiff, v. Jan MAAS, Bruce Michael Kissal, Thomas Hemmerle, Guillermo Bruges, and Rodrigo Duran, Defendants.

United States District Court, D. New Jersey.

December 1, 1982.

Attorney(s) appearing for the Case

W. Hunt Dumont, U.S. Atty. by Andrew Ruotolo, Asst. U.S. Atty., Newark, N.J., for plaintiff.

Mark & Moffitt, P.C. by William B. Moffitt, Alexandria, Va., for defendant Jan Maas.

DeCotiis & Philips by Alfred C. DeCotiis, West Orange, N.J., for defendant Thomas Hemmerle.

Michael Tarre, Miami, Fla., for defendant Rodrigo Duran.

Williams & Connolly by Robert P. Watkins, Washington, D.C., for defendant Bruce Michael Kissal.

Sky E. Smith, Miami, Fla., for defendant Guillermo Bruges.

OPINION

SAROKIN, District Judge.

Defendants seek to have the laws against the sale, possession and use of marijuana declared unconstitutional on the ground that those laws criminalize an activity which harms no one. They argue that the scientific evidence demonstrates that marijuana is not harmful, ergo, there should be no criminal penalties which flow from involvement with it.

A review of the scientific evidence submitted reflects a difference of...

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