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Eugene

(61,900 posts)
Tue Aug 16, 2016, 02:08 PM Aug 2016

U.S. prosecutors dealt setback in medical marijuana cases

Source: Reuters

The U.S. Department of Justice cannot spend money to prosecute federal marijuana cases if the defendants comply with state guidelines that permit the drug's sale for medical purposes, a federal appeals court ruled on Tuesday.

The ruling, from the 9th U.S. Circuit Court of Appeals, comes as voters in nine more states will consider allowing the recreational use of marijuana this November.

Twenty-five U.S. states currently allow for medical marijuana. While the sale of the drug is still illegal under federal law, Congress in 2014 passed a budget rule which prohibits the DOJ from using federal funds to interfere in the implementation of state marijuana regulations.

Due to this rule, defendants in 10 cases in California and Washington argued that their federal charges should be dismissed. The 9th Circuit in San Francisco, which covers nine Western states, ruled on Tuesday that the DOJ could not spend money as long as those defendants "strictly complied" with all state regulations.

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Read more: http://www.reuters.com/article/us-usa-ruling-marijuana-idUSKCN10R1YN



U.S. | Tue Aug 16, 2016 1:52pm EDT
By Dan Levine | SAN FRANCISCO
8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
U.S. prosecutors dealt setback in medical marijuana cases (Original Post) Eugene Aug 2016 OP
I love living in San Francisco! displacedtexan Aug 2016 #1
Which means WA state has now screwed tens of thousands of patients by nearly removing jtuck004 Aug 2016 #2
Thank you for this pertinent information. truedelphi Aug 2016 #6
Great! SCantiGOP Aug 2016 #3
LOL! skylucy Aug 2016 #4
See post #2 SammyWinstonJack Aug 2016 #5
Ok so the 9th Circuit didn't really say anything. They just affirmed what Congress already did. RAFisher Aug 2016 #7
And people on DU tell me we can't legalize MMJ AllyCat Aug 2016 #8

displacedtexan

(15,696 posts)
1. I love living in San Francisco!
Tue Aug 16, 2016, 02:17 PM
Aug 2016

The drug law enforcement here is able to focus on cartel-like crimes and leaves the legal growers and dispensaries to conduct legal business...under extremely strict supervision, of course. Cannabis is no longer ruining lives forever here.

 

jtuck004

(15,882 posts)
2. Which means WA state has now screwed tens of thousands of patients by nearly removing
Tue Aug 16, 2016, 02:19 PM
Aug 2016

access to mmj, and the law says they can buy it over the counter like everyone else.

Without the medical need, it just makes people felons again. Oddly, the people who fought for these patients were Republicans.

Good work. November is coming.wonder if they will remember?

Forced into the Black Market
On July 1, Washington State's medical marijuana market disappeared. Here's why the most needy patients will likely suffer.
by Tobias Coughlin-Bogue


A life or death situation: Meagan Holt worries that recreational stores won’t carry the full plant extract oil that her daughter, Madeline, relies on to control her seizures. MICHAEL SCOTT


On July 1, Washington State's medical marijuana dispensaries and collectives officially closed, leaving only state-licensed recreational stores to serve patients. This is a result of the Cannabis Patient Protection Act (SB 5052), which is perhaps the most egregious bit of doublespeak ever. The law does not protect patients. In fact, evidence suggests that it will put the state's most vulnerable patients at risk.

Both the Washington State Liquor and Cannabis Board and the Washington State Department of Health—the state's two regulatory agencies that govern the new medical cannabis system—have stated that they believe the only difference between medical and recreational use is the intent of the user. Essentially, that the needs of the medical market can be just as easily served by the recreational market. If only that were true.

Under the new system, the state's 1,500-plus dispensaries and collective gardens will disappear. To make up for the loss, the state issued just 222 new retail licenses.

That will directly impact patients such as Madeline Holt. She's three and a half years old and has a terminal genetic disorder that gives her frequent seizures. According to her mother, Meagan Holt, doctors didn't believe she would live this long.


http://www.thestranger.com/news/2016/07/06/24303868/forced-back-to-the-black-market

truedelphi

(32,324 posts)
6. Thank you for this pertinent information.
Tue Aug 16, 2016, 04:09 PM
Aug 2016

In my small county in Northern Calif., the county has to pay out some 3/4 of a million dollars to settle three or four lawsuits that came about due to SWAT teams arriving at the homes of people with valid med marijuana licenses.

Police chased dogs away, or outright killed them. The plants that were legal were uprooted, despite their legal status and then taken away. And often people spent a night in jail.

You'd think the police would understand that the law is the law!

We are a very small county and we need money desperately for so many decent programs. But now the county has 3/4 mil to offer up as reparations for lawsuits? When something like this happens, I wish every police person involved had to pay a portion of their paycheck to help compensate the victims.

Instead the police get lauded in the local newspaper as "heroes."

One program currently suffering is the Law Library - which is $ 8,000 behind in its budget. Of course mainly poor and lower middle class people use it, so who cares, right?

RAFisher

(466 posts)
7. Ok so the 9th Circuit didn't really say anything. They just affirmed what Congress already did.
Tue Aug 16, 2016, 04:42 PM
Aug 2016

Under the Controlled Substance Act marijuana is and still is completely illegal. (Yes it is legal if you have a license from the DEA but that's a very small number of researchers) As the article says Congress passed a budget that said the Justice Department can't interfere with state marijuana regulations. I guess DOJ sued because marijuana is still illegal according to federal law and they had nothing better to do. Justice O'Scannlain is right that marijuana advocates shouldn't feel like marijuana is legal. If Congress decides to remove that stipulation then DOJ could prosecute anyone retroactively. The Constitution prohibit retroactive laws but as I said it's still illegal. Congress just decides not to fund it's prosecution.

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