MARIJUANA POLICY PROJECT v. U.S.

No. 02-5133.

304 F.3d 82 (2002)

MARIJUANA POLICY PROJECT, et al., Appellees, v. UNITED STATES of America, Appellant. District of Columbia Board of Elections and Ethics, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided September 19, 2002.

Filed October 4, 2002.


Attorney(s) appearing for the Case

Michael S. Raab, Attorney, U.S. Department of Justice, argued the cause for appellant. On the briefs were Roscoe C. Howard, Jr., U.S. Attorney, Mark B. Stern and Alisa B. Klein, Attorneys, U.S. Department of Justice.

Alexei M. Silverman argued the cause for appellees. With him on the brief were Gregg H. Levy and James M. Garland.

Julie M. Carpenter was on the brief for amicus curiae DKT Liberty Project in support of appellees.

Before: TATEL and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Through a rider to the District of Columbia appropriations act, Congress denied the District authority to "enact ... any law" reducing penalties associated with possession, use, or distribution of marijuana. The district court declared the rider unconstitutional, finding that it interfered with D.C. citizens' First Amendment rights to use the...

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