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United States v. Rogers

United States Court of Appeals, Ninth Circuit
Dec 10, 1976
549 F.2d 107 (9th Cir. 1976)

Summary

rejecting argument laws regulating marijuana were irrational

Summary of this case from Ruggles v. Ige

Opinion

Nos. 76-1089, 76-1567.

December 10, 1976.

Benjamin O. Andersen (argued), of Gladstein, Leonard, Patsey Andersen, San Francisco, Cal., Mark I. Soler (argued), of Soler, Treuhaft, Walker, Brown Cooper, Oakland, Cal., for appellants.

Raymond D. Pike, Asst. U.S. Atty. (argued), Reno, Nev., for appellee.

Appeal from the United States District Court for the District of Nevada.

Before ELY, CARTER and GOODWIN, Circuit Judges.


In these combined appeals from convictions arising out of transactions with 4,293 pounds of marijuana, the appellants challenge as irrational and therefore unconstitutional the laws and regulations denouncing the importation and related possessory offenses and conspiracies to commit those offenses in respect to marijuana.

They also ask us to hold, on the "cannabis species" defense, that the particular species of marijuana here involved is not the one Congress intended to denounce in the challenged laws. Neither point requires discussion.

The constitutionality of the marijuana laws has been settled adversely to the appellants in this circuit. United States v. Rodriquez-Camacho, 468 F.2d 1220, 1222 (9th Cir. 1972), cert. denied, 410 U.S. 985, 93 S.Ct. 1512, 36 L.Ed.2d 182 (1973); see also United States v. Kiffer, 477 F.2d 349, 356-357 (2d Cir. 1973), cert. denied, 414 U.S. 831, 94 S.Ct. 62, 38 L.Ed.2d 65 (1973).

The so-called species defense was rejected by this court in United States v. Kelly, 527 F.2d 961 (9th Cir. 1976).

Affirmed.


Summaries of

United States v. Rogers

United States Court of Appeals, Ninth Circuit
Dec 10, 1976
549 F.2d 107 (9th Cir. 1976)

rejecting argument laws regulating marijuana were irrational

Summary of this case from Ruggles v. Ige

In Rogers, the case Miroyan quoted, the Ninth Circuit also did not foreclose consideration of future constitutional challenges to marijuana's scheduling.

Summary of this case from United States v. Pickard
Case details for

United States v. Rogers

Case Details

Full title:THE UNITED STATES OF AMERICA, APPELLEE, v. NORMAN ARTHUR ROGERS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 10, 1976

Citations

549 F.2d 107 (9th Cir. 1976)

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