Dee v. State

Since 1983, Michael Dee repeatedly and unsuccessfully challenged in state and federal courts the constitutionality of Maine marijuana prohibitions. In 2007, the superior court enjoined Dee from filing further lawsuits in Maine courts challenging the constitutionality of the State’s marijuana laws. Despite this injunction, Dee did not request the court’s permission to file this complaint for a judgment declaring that provisions in several Maine marijuana statutes were unconstitutional until almost one month after his complaint was docketed. The superior court dismissed Dee’s complaint with prejudice, finding that several Maine courts had already considered and rejected Dee’s arguments and that the suit was frivolous. The Supreme Court affirmed, holding that in light of the frivolous and duplicative nature of the suit and Dee’s failure to seek permission before commencing this action, the superior court did not abuse its discretion in granting the State’s motion to dismiss Dee’s petition with prejudice. View "Dee v. State" on Justia Law