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]