Legal Opinion
Stoianoff v. Montana
District Court, D. Montana
Decided December 30, 1981No. CV 81-140-MPublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
RUSSELL E. SMITH, District Judge.
William Stoianoff, d/b/a “The Joint Effort,” seeks to declare the Montana Paraphernalia Act (1981 Mont.Laws, ch. 481) unconstitutional and to enjoin its enforcement.
The Montana Legislature enacted without substantial change the provisions of a so-called “model act,” which was designed by the Federal Drug Enforcement Administration to overcome what some courts considered to be constitutional infirmities in other acts. The purpose of the drug paraphernalia acts is to put out of business those commercial establishments, known in the vernacular as…
2Cases cited35 opinions
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
30 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- William Stoianoff D/B/A the Joint Effort, Plaintiff-Appellant/cross-Appellee v. State of Montana, Defendants-Appellees/cross-AppellantsCourt of Appeals for the Ninth Circuit · 1983
- Tobacco Accessories and Novelty Craftsmen Merchants Association of Louisiana v. David C. Treen, as Governor of LouisianaCourt of Appeals for the Fifth Circuit · 1982