The United States Department of Justice’s war on medical marijuana patients and providers has been called morally bankrupt by critics. Today, a federal appeals court called the war financially insolvent as well.
“In a potential legal breakthrough for medical marijuana, a federal appeals court ruled Tuesday that the Justice Department cannot prosecute anyone who grows, supplies or uses the drug for medical purposes under state law because Congress has barred federal intervention,” writes San Francisco Chronicle’s Bob Egelko.
The Justice Department cannot spend any money interfering in state-legal pot systems, the court affirmed.
“Congress has enacted an appropriations rider that specifically restricts DOJ from spending money to pursue certain activities,” the appeals court stated, in an opinion by Judge O’Scannlain filed August 16.
Oakland attorney Robert Raich stated the ruling could brush back prosecutors and judges ignoring Congressional law.
“Finally, the Ninth Circuit is providing clarity and overruling a number of district court judges that were ignoring the will of Congress,” he said. “This decision indicates that the federal government should stop its attack on state-legal cannabis providers and allow the states to create and implement frameworks that serve the medical needs of their citizens.”
Since California started in 1996, 37 states now have some form of medical cannabis law. The Department of Justice under President Obama has spent hundreds of millions of dollars interfering with state medical marijuana systems, advocates say.
In 2014, Rep. Dana Rohrabacher and Sam Farr used the power of the purse to end the war on medical weed, defunding federal “interference” in state systems. Since then, U.S. attorneys have sought to narrow the definition of “interference” to allow for continued medical marijuana-related prosecutions. Prosecutors had argued Congressional law only forbids them from intimidating state regulators.
“It says we’re right, that Congress has defunded DOJ’s war on medical marijuana,” one attorney in the case told Egelko.
http://blog.sfgate.com/smellthetruth/2016/08/16/appeals-court-federal-war-on-medical-marijuana-literally-bankrupt/
“In a potential legal breakthrough for medical marijuana, a federal appeals court ruled Tuesday that the Justice Department cannot prosecute anyone who grows, supplies or uses the drug for medical purposes under state law because Congress has barred federal intervention,” writes San Francisco Chronicle’s Bob Egelko.
The Justice Department cannot spend any money interfering in state-legal pot systems, the court affirmed.
“Congress has enacted an appropriations rider that specifically restricts DOJ from spending money to pursue certain activities,” the appeals court stated, in an opinion by Judge O’Scannlain filed August 16.
Oakland attorney Robert Raich stated the ruling could brush back prosecutors and judges ignoring Congressional law.
“Finally, the Ninth Circuit is providing clarity and overruling a number of district court judges that were ignoring the will of Congress,” he said. “This decision indicates that the federal government should stop its attack on state-legal cannabis providers and allow the states to create and implement frameworks that serve the medical needs of their citizens.”
Since California started in 1996, 37 states now have some form of medical cannabis law. The Department of Justice under President Obama has spent hundreds of millions of dollars interfering with state medical marijuana systems, advocates say.
In 2014, Rep. Dana Rohrabacher and Sam Farr used the power of the purse to end the war on medical weed, defunding federal “interference” in state systems. Since then, U.S. attorneys have sought to narrow the definition of “interference” to allow for continued medical marijuana-related prosecutions. Prosecutors had argued Congressional law only forbids them from intimidating state regulators.
“It says we’re right, that Congress has defunded DOJ’s war on medical marijuana,” one attorney in the case told Egelko.
http://blog.sfgate.com/smellthetruth/2016/08/16/appeals-court-federal-war-on-medical-marijuana-literally-bankrupt/
