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WASHINGTON v. BARR

Docket No. 18-859-cv August Term, 2018.

925 F.3d 109 (2019)

Marvin WASHINGTON, Dean Bortell as Parent of Infant Alexis Bortell, Jose Belen, Sebastien Cotte as Parent of Infant Jagger Cotte, and Cannabis Cultural Association, Inc. Plaintiffs-Appellants, v. William Pelham BARR in his official capacity as United States Attorney General, United States Department of Justice, Uttam Dhillon in his official capacity as the Acting Administrator of the Drug Enforcement Administration, United States Drug Enforcement Administration, and United States of America, Defendants-Appellees,

United States Court of Appeals, Second Circuit.

Decided: May 30, 2019.

Attorney(s) appearing for the Case

Michael S. Hiller , Hiller PC ( Lauren A. Rudick , Fatima V. Afia , and Jason E. Zakai , Hiller PC; Joseph A. Bondy , on the brief), New York, NY, for Plaintiffs-Appellants.

Samuel Dolinger , Assistant United States Attorney ( Benjamin H. Torrance , Assistant United States Attorney, on the brief), for Geoffrey S. Berman , United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

Judge JACOBS dissents in a separate opinion.

This is the latest in a series of cases that stretch back decades and which have long sought to strike down the federal government's classification of marijuana as a Schedule I drug under the Controlled Substances Act (CSA), 21 U.S.C. § 801 et seq. See, e.g., Krumm v. Drug Enforcement Admin., 739 F. App...

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