[jump /injack]

Rohrabacher-Farr Amendment Continutes to Help Medical Marijuana Defendants in Federal Cour
by Americans for Safe Access
Wednesday Aug 17th, 2016 2:12 PM

An opinion today (August 16, 2016) issued in the federal 9th Circuit by a three-judge panel has found that federal prosecutions of medical cannabis defendants may not proceed unless there is a violation of state law. In the opinion of U.S. vs. McIntosh, written by 9th Circuit Judge Diarmuid F. O’Scannlain, the court held that the Rohrabacher-Farr Amendment prohibits the federal prosecution of conduct that is allowed by the state's medical cannabis law.


In the opinion, Judge O'Scannlain wrote:

We therefore conclude that, at a minimum, § 542 prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws.

The opinion remanded all of the cases that included in the appellate ruling back to the trial court. If federal prosecutors want to continue pursing their cases against the defendants, they must prove at an evidentiary hearing that the defendant violated state law.

This circuit-level opinion follows two earlier victories at the federal district-level in California that also utilized the Rohrabacher-Farr Amendment. In the cases against the Marin Alliance for Medical Marijuana, Judge Breyer applied the amendment to prevent civil actions against the medical cannabis defendants as long as they were in compliance with state law. With the federal case against Harborside, the feds dropped their appeal, likely fearing that the Rohrabacher-Farr Amendment would cause them to lose in a binding case.

ASA worked to first pass the Rohrabacher-Farr Amendment in 2014 and reauthorize it in 2015. Additionally, ASA first articulate the legal argument that has been used to interpret the amendment. While Judge O’Scannlain stopped short of applying the amendment to prevent raids and arrests, the amendment clearly now prevents federal prosecutions of state legal medical cannabis conduct throughout the 9th Circuit. While this case does not fully apply outside of the 9th Circuit, the majority of federal medical cannanbis prosecutions have taken place in there. That means the opinion is not binding outside the 9th Circuit, but it would still be the most instructive case law other federal courts would have to look to.

The amendment remains in effect through September 30, 2016 and must be renewed if Congress passes a new Commerce, Justice, Science, and Related Agencies (CJS) Appropriations bill for FY2017. The amendment was approved by the Senate Appropriations Committee back in May, but the House has yet to vote on the amendment. Congress may pass a Continuing Resolution in lieu of a new appropriations bill, which would retain all of the language from last year's version.

[WaxyTaxi]

so if the amendment does not pass, big bro can stomp on the states laws and raid any state?

[jump /injack]

There has been another law passed the won't allow the DEA to use any money appropriated to their agency for use in Medical states in/for adjudication, costs money to hold a trial. Pressure has to be one the most susceptible to it and that's the Representatives in the House. This one is also renewable but not yearly, [I think?].

[oldchuck]

You're not getting much reaction, Jump. What does that tell you?

[jump /injack]

I thought it pretty tricky maneuvering about being able to come back 5 years later or more and bring charges. Laws are so hard to get off the books once they get on, its just impossible to turn one around so its really important to get it right the before a vote especially if your a commercial grower of the herb cannabis sativa. Your right "oldchuck" not much action.

[oldchuck]

Just get high, man. We're all doomed anyway.

[WaxyTaxi]

What can we do jump? Your only doomed if you say you are chuck...

If we can get this to certain people who are in power in the medical cannabis markets in the states, maybe they have the ability to do something since it will take away from their profits directly rather than all the homegrowers around here?

[Dr.King]

Originally Posted by WaxyTaxi

What can we do jump? Your only doomed if you say you are chuck...

If we can get this to certain people who are in power in the medical cannabis markets in the states, maybe they have the ability to do something since it will take away from their profits directly rather than all the homegrowers around here?

Funny people keep saying the government will do something all we need to do is ride their backs until they fall over but get real. They are waiting for cannabis to become super big because they own a damn patent on it. The U.S. waste a shit ton on bad cops that just steal the cannabis and resell it. What is this world coming too? Money this, money that, if I ant got it I could be dead for all the government cares. It's all about money and taxes. Like on Trailer park boys "Fuck the government and cops".

[WaxyTaxi]

[jump /injack]

What gets the action is such as what happened in Colorado, the anti-gun crowd and the anti-cannabis crowd got together and were banning guns and Cannabis Sativa, if you followed what happened there was an immediate recall of all those involved in voting the strictures into being; political heads rolled. Vote the Herb.