Legal Opinion

In Re Seizure of Approximately 28 Grams of Marijuana

District Court, N.D. California

Decided August 25, 2003No. 3-01-30204 MHPPublishedCited by 3 opinions

1Opinion of the Court

OPINION

PATEL, Chief Judge.

This action arises out of the seizure of approximately twenty-eight grams of marijuana by the United States Drug Enforcement Agency (“DEA”), pursuant to a warrant issued by this court. Petitioner Christopher Giauque filed a motion for return of the marijuana, arguing that the seizure constituted improper interference by a federal court in state court proceedings and challenging the constitutionality of the federal drugs as applied to his own simple possession of marijuana for personal medical use. For the reasons set forth below, the court rules on Giauque’s motion…

2Cases cited30 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Christopher Owens Cynthia Hutchins,plaintiffs-Appellants v. Kaiser Foundation Health Plan,inc., a California Corporation,defendant-AppelleeCourt of Appeals for the Ninth Circuit · 2001
  3. Testa v. KattSupreme Court of the United States · 1947
  4. Penn Central Casualty Co. v. Pennsylvania Ex Rel. SchnaderSupreme Court of the United States · 1935
  5. Bianchi v. RylaarsdamCourt of Appeals for the Ninth Circuit · 2003

25 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Savely v. Utah Highway PatrolUtah Supreme Court · 2018
  2. (PS) Jayaton-Kerry v. CooperDistrict Court, E.D. California · 2024
  3. Aaron Mendelsohn v. Alvin BraggDistrict Court, C.D. California · 2025

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