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Marvin Washington, et al. v. William P. Barr, Attorney General, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-859 · judgment February 3, 2020

Certiorari denied · October 13, 2020
Pre-decision estimate: 3% cert probability

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

Questions presented

Three of the Petitioners require daily administration of medical cannabis to live. Despite classifying it a Schedule I drug under the Controlled Substances Act (“CSA”), the federal government, which owns domestic and international medical cannabis patents (“Federal Cannabis Patents”), has, for decades, repeatedly acknowledged that cannabis has safe and effective medical applications in the United States. THE QUESTIONS PRESENTED ARE:

  1. Can Congress, consistent with the Due Process Clause of the Fifth Amendment to the U.S. Constitution, criminalize medical cannabis without exception, even for patients who require its daily administration to live?

  2. Given the three requirements for designation as a Schedule I drug under the CSA (21 U.S.C. § 812(b)(1)), is the classification of cannabis so irrational that it violates the Due Process Clause of the Fifth Amendment to the U.S. Constitution?

  3. Can Congress, consistent with the Due Process Clause of the Fifth Amendment to the U.S. Constitution, require persons aggrieved by the classification of a substance under the CSA to submit to an administrative review process that cannot, as a matter of law, provide the relief they seek?

Counsel of record

For petitioner
Michael Steven Hiller
Hiller, PC

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
9 cert-stage

Proceedings

  1. Oct 13 2020
    Petition DENIED.
  2. Sep 16 2020
    DISTRIBUTED for Conference of 10/9/2020.
  3. Sep 15 2020
    Amicus brief of National Organization for Reform of Marijuana Laws (NORML) et al not accepted for filing. (September 18, 2020) (Dupilicate submission)
  4. Sep 14 2020
    Amicus brief of Credo Science; American Journal of Endocannabinoid Medicine; Ethan Russo M.D.; Jahan Marcu Ph.d not accepted for filing. (September 14, 2020)
  5. Sep 14 2020
    Waiver of right of respondent Barr, William, et al. to respond filed.
  6. Sep 14 2020
    Brief amici curiae of The National Cannabis Industry Association (NCIA) And The Arcview Group filed. (Distributed)
  7. Sep 14 2020
    Brief amici curiae of Athletes for Care, After The Impact Fund, et al. filed. (Distributed)
  8. Sep 14 2020
    Brief amici curiae of US Representatives filed. (Distributed)
  9. Sep 14 2020
    Brief amici curiae of National Organization for Reform of Marijuana Laws (NORML) et al. filed. (Distributed)
  10. Sep 14 2020
    Brief amicus curiae of International Cannabis Bar Association filed. (Distributed)
  11. Sep 14 2020
    Brief amici curiae of Credo Science; et al. filed. (Distributed)
  12. Sep 11 2020
    Brief amicus curiae of The Last Prisoner Project filed.
  13. Sep 04 2020
    Brief amici curiae of The Minority Cannabis Business Association and Minorities for Medical Marijuana, Inc. filed.
  14. Sep 04 2020
    Brief amicus curiae of Americans for Safe Access filed.
  15. Jul 02 2020
    Petition for a writ of certiorari filed. (Response due September 14, 2020)