Legal Opinion

United States v. Pickard

District Court, E.D. California

Decided April 17, 2015No. 2:11-cr-449-KJMPublishedCited by 9 opinions

1Opinion of the Court

ORDER

KIMBERLY J. MUELLER, District Judge.

It has been forty-five years since Congress passed the Controlled Substances Act, including marijuana in Schedule I. Defendants say the law as passed can no longer stand. The government says that is not for this court to decide. To say the landscape with respect to marijuana has changed significantly since 1970, in many ways, is an understatement. While the court is not blind to the practical context in which it operates, its duty as a resident of the third branch of our republican form of government is to resolve the legal questions presented by the…

2Cases cited70 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Gunn v. MintonSupreme Court of the United States · 2013
  3. United States v. RainesSupreme Court of the United States · 1960
  4. United States v. Carolene Products Co.Supreme Court of the United States · 1938
  5. Gonzales v. RaichSupreme Court of the United States · 2005

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3Cited by9 opinions

  1. United States v. GreenDistrict Court, W.D. New York · 2016
  2. Culinary Studios, Inc. v. NewsomDistrict Court, E.D. California · 2021
  3. Limpin v. State of CaliforniaDistrict Court, S.D. California · 2023
  4. Peridot Tree, Inc. v. City of SacramentoDistrict Court, E.D. California · 2022
  5. Peridot Tree, Inc. v. City of SacramentoDistrict Court, E.D. California · 2024

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