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

Paid petition · Supreme Court of Missouri, No. SC98024 · judgment September 3, 2019

Certiorari denied · February 24, 2020

Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

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.

Counsel of record

For petitioner
Louis Richard Horwitz
Lou Horwitz L.L.C.

For respondent
Kelly L. King
Warren County Prosecutor's Office

Case

Conference history
Distributed for 1 conference

Proceedings

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