Jack Fruth – National Org. for the Reform of Marijuana Laws v. U.S. Drug Enforcement Agency

Jack Fruth – National Org. for the Reform of Marijuana Laws v. U.S. Drug Enforcement Agency
CANNANNEW REPORT

 Jack Fruth 545 F. Supp. 981 (1982) Facts This case involves the National Organization for the Reform of Marijuana Laws (NORML), a non-profit membership-based organization seeking an injunction against the Drug Enforcement Agency (DEA), the Environmental Protection Agency (EPA), and the Florida Department of Law Enforcement (FDLE) to halt the proposed destruction of illegal cannabis plants found in Florida until the organizations have undergone an environmental impact statement (EIS) on the effect on the environment, in accordance with the National Environmental Policy Act of 1969 (NEPA). FDLE had planned to destroy the plants with paraquat, an herbicide which can cause harmful effects to people, especially if the cannabis is consumed after having been sprayed but before the plant withers and dies. DEA gave financial and technical assistance to the FDLE for cannabis control, but no money went to the spraying of paraquat. FDLE states that it is their plan to keep controlling cannabis with or without the DEA’s assistance. DEA created an environmental assessment to determine whether an EIS was necessary and concluded that paraquat’s effect would not have a significant effect on the human environment and that the DEA is insufficiently involved in the spraying to require an EIS, EIS are only required for federal action. The case was brought against all defendants in the District of Columbia, DEA and EPA moved for dismissal because of insufficient federal involvement, and that they have complied with NEPA. FDLE also asserted that DC was an inappropriate venue, subject matter jurisdiction was lacking, and the Eleventh Amendment bars the case. Issue Whether DEA’s financial and technical assistance to the program, even without donating money directly to the spraying, constitutes a federal action as to require an EIS through NEPA. Rule The United States Court of Appeals for the District of Columbia Circuit…

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Source : Jack Fruth – National Org. for the Reform of Marijuana Laws v. U.S. Drug Enforcement Agency

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