In Re Seizure of Approximately 28 Grams of Marijuana
District Court, N.D. California
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
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
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- Testa v. KattSupreme Court of the United States · 1947
- Penn Central Casualty Co. v. Pennsylvania Ex Rel. SchnaderSupreme Court of the United States · 1935
- Bianchi v. RylaarsdamCourt of Appeals for the Ninth Circuit · 2003
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