No. 19-711

Missouri, ex rel. Darrin Lamasa v. Michael Wright, Associate Circuit Judge, 12th Judicial Circuit, Warren County, Missouri

Lower Court: Missouri
Docketed: 2019-12-04
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-law due-process federal-preemption marbury-v-madison medical-marijuana rational-basis-review statutory-interpretation
Key Terms:
DueProcess Securities
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether Missouri's medical marijuana law is preempted by the federal statute

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether Missouri’s medical marijuana law (Mo. Const. art. XIV) is preempted by the federal statute. II. If not, since there is no verdict director for the statutory criteria under section 195.017.1, whether the Due Process Clauses, by and through Marbury v. Madison, 5 U.S.137 (1803), may be extended beyond rational basis review. III. If so, whether Missouri’s medical marijuana law or the medical marijuana law of any state where it was legislatively enacted means marijuana, because of the word “no” in the statutory criteria, no longer satisfies the statutory criteria and _ therefore section 195.017.2(4)(w) is unconstitutional.

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-30
Waiver of right of respondent Michael Wright, Associate Circuit Judge, 12th Judicial Circuit, Warren County. Missouri to respond filed.
2019-11-20
Petition for a writ of certiorari filed. (Response due January 3, 2020)

Attorneys

Darrin Lamasa
Louis Richard HorwitzLou Horwitz L.L.C., Petitioner
Michael Wright, Associate Circuit Judge, 12th Judicial Circuit, Warren County. Missouri
Kelly L. KingWarren County Prosecutor's Office, Respondent