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DELAWARE CH. NAT. ORG. REF. OF MARIJUANA LAWS v. FORD

Civ. A. No. 4755.

384 F.Supp. 1241 (1974)

The DELAWARE CHAPTER of the NATIONAL ORGANIZATION for the REFORM OF MARIJUANA LAWS (D.C. N.O.R.M.L.) et al., Plaintiffs, v. Colonel James L. FORD, Superintendent of the Delaware State Police, and his successors, et al., Defendants.

United States District Court, D. Delaware.

November 8, 1974.

Attorney(s) appearing for the Case

Arlen Mekler, of Wise, Lindh & Mekler, Wilmington, Del., for plaintiffs.

Jeffrey M. Weiner, State Prosecutor, Wilmington, Del., for defendants Stabler and Ford.

Christine Harker, Asst. City Sol., Wilmington, Del., for defendant McCool.

Before GARTH, Circuit Judge, LATCHUM, Chief District Judge, and STAPLETON, District Judge.

OPINION

PER CURIAM:

This suit seeks a declaratory judgment that the Delaware Uniform Controlled Substances Act, 16 Del.C. § 4701 et seq. is unconstitutional insofar as it makes the private possession and use of marijuana by adults a crime in the State of Delaware. Injunctive relief is also sought against the state officials responsible for enforcement of these statutes. A three-judge court has been convened pursuant to 28 U.S.C. §§ 2281 and...

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