Legal Opinion

Downing v. Department of Public Health

Massachusetts Superior Court

Decided August 1, 2014No. SUCV201402201Published

1Opinion of the Court

Fabricant, Judith, J.

*473INTRODUCTION

This action presents plaintiffs’ challenge to certain regulations issued by the Department of Public Health (the “D epartment”) under the Act for the Humanitarian Medical Use of Marijuana, which the voters enacted by initiative petition in 2012. Before the Court is the plaintiffs’ motion for preliminary injunction.3 After hearing, for the reasons that will be explained, the motion will be denied.

BACKGROUND

On November 6, 2012, the voters approved a ballot initiative entitled An Act for the Humanitarian Medical Use of Marijuana. The resulting statute, St. 2012,…

2Cases cited16 opinions

  1. Roberts v. United States JayceesSupreme Court of the United States · 1984
  2. Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
  3. Jean v. Massachusetts State PoliceCourt of Appeals for the First Circuit · 2007
  4. Borden, Inc. v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1983
  5. Caswell v. Licensing Commission for BrocktonMassachusetts Supreme Judicial Court · 1983

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