United States v. Fry
United States Court of Appeals for the Fourth Circuit
787 F.2d 903 (1986)
- Written by Salina Kennedy, JD
Facts
Robert H. Fry (defendant) was convicted of growing and conspiring to grow marijuana in violation of the Controlled Substances Act (CSA). Fry appealed his conviction, arguing that the federal government’s criminalization of marijuana production was so unreasonable and arbitrary that it violated the Fifth Amendment Due Process Clause and Equal Protection Clause, as well as his right under the Ninth Amendment to be free from gross arbitrary control in the pursuit of happiness. Fry argued that the Ninth Amendment provided a fundamental right to seek recreation by altering one’s consciousness. Fry further argued that this right could be restricted only if the government had a compelling interest.
Rule of Law
Issue
Holding and Reasoning (Haynsworth, J.)
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