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
displacedtexan
(15,696 posts)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)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 wont 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 Healththe state's two regulatory agencies that govern the new medical cannabis systemhave 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)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?
SCantiGOP
(13,871 posts)Can't figure out a good way to celebrate this..........
SammyWinstonJack
(44,130 posts)RAFisher
(466 posts)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.
AllyCat
(16,190 posts)"There's no public support!!!!" They all whine.