Legal Opinion
People v. Aguiar
California Court of Appeal
Decided January 4, 1968No. Crim. 6174PublishedCited by 35 opinions
1Opinion of the CourtMolinari, P. J.
—Defendant, on his appeal from a judgment of conviction for possession of marijuana in violation of section 11530 of the Health and Safety Code, 1 makes the sole contention that said section is unconstitutional under the equal protection clause of the Fourteenth Amendment of the United States Constitution.
The bulk of defendant’s argument, as set out in his briefs before this court, consists of a law review article 2 the thesis of which is that it is irrational to penalize simple possession for private use of marijuana, especially when similar possession of alcohol is not punished. In…
2Cases cited42 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Brown v. Board of EducationSupreme Court of the United States · 1954
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Mugler v. KansasSupreme Court of the United States · 1887
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3Cited by35 opinions
- Ravin v. StateAlaska Supreme Court · 1975
- State v. KantnerHawaii Supreme Court · 1972
- People v. IrvinCalifornia Court of Appeal · 1968
- National Organization for the Reform of Marijuana Laws (NORML) v. BellDistrict Court, District of Columbia · 1980
- People v. RobbinsCalifornia Court of Appeal · 1980
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