Justice Can’t Prosecute Medical Marijuana Cases If State Law Not Broken, Appeals Court Rules
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco orders that pot growers, suppliers and users cannot be prosecuted by the U.S. Department of Justice if their actions are not illegal under state law.
San Francisco Chronicle:
Court Says Feds Can’t Prosecute For Medical Pot Use OK'd By State
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. The decision by the Ninth U.S. Circuit Court of Appeals in San Francisco was written by one of its most conservative judges, Diarmuid O’Scannlain, and was the first by any appeals court to prohibit federal prosecutions under spending restrictions enacted by Congress. First passed in 2014 and renewed through September, the budget amendment forbids the Justice Department to spend any money to prevent California and other states from “implementing their own state laws” that authorize the medical use of marijuana. (Egelko, 8/16)
In other news —
The Desert Sun:
Desert Hot Springs Approves Another Medical Marijuana Cultivation Facility
The Desert Hot Springs City Council approved a conditional use permit for another medical marijuana cultivation facility Tuesday, adding to its list of approved, but unopened, cultivation centers. The city turned to marijuana cultivation in 2014 as a way to mitigate financial woes and became one of the first cities in California to allow large-scale grow facilities. However, due to the extensive work required to get these facilities off the ground, many of those approved have not yet commenced operation. (Kennedy, 8/16)