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WHYTE v. UNITED STATES

No. 83-63.

471 A.2d 1018 (1984)

Lawrence J.S. WHYTE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 6, 1984.

Attorney(s) appearing for the Case

J.E. McNeil, Washington, D.C., for appellant. Richard Manning Ricks, Washington, D.C., appointed by the court, was on the brief for appellant.

Linda D. Turner, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Before NEBEKER and MACK, Associate Judges, and REILLY, Chief Judge, Retired.

MACK, Associate Judge:

Appellant raises an issue of first impression before this court. He argues that, because of his religious tenets, he cannot be prosecuted under the District of Columbia's drug laws for criminal possession and distribution of marijuana because to do so would violate his rights under the free exercise clause of the first amendment.1 We hold under the facts of this case that the District of Columbia's interest to protect...

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