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Case Results

Challenged Schedule I status of cannabis in marijuana trafficking and conspiracy in transnational distribution case

January 2011

United States v. Eric Canori: David represented a defendant who was charged together with renowned X-Games competitor, Missy “The Missile” Giove in trans-national marijuana distribution case. Defendants Eric Canori and Robert Reinfurt were indicted for participating in a marijuana trafficking conspiracy in violation of 21 U.S.C. §§ 841(a)(1) and 846.

David challenged the constitutionality of the Schedule I status of cannabis under the federal Controlled Substances Act on the grounds that the Ogden and Cole Memoranda issued by the Department of Justice during the Obama Administration created a constitutional nullification crisis and de facto rescheduled cannabis.

Argument was pursued to the Second Circuit Court of Appeals.

[Circuit Upheld District Court saying there was no constitutional nullification crisis or de facto rescheduling of cannabis by Ogden and Cole Memos]

Practice area(s): Constitutional Law, Criminal Defense

Court: United States District Court for the Northern District of New York

David Holland

As Executive Director of Empire State NORML and President of the New York City Cannabis Industry Association, David has been a leading advocate in the cannabis space for over 20 years. He has represented clients in marijuana related proceedings everywhere from traffic court to the United States Supreme Court, and he helped obtain clemency for five elderly prisoners servicing life without parole for marijuana. David also handles complex civil and criminal litigation in other areas including employment, First Amendment, and business.

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