Court says feds can’t prosecute for medical pot use OKd by state
Source: sfgate.com
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 OScannlain, 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.
The restrictions do not apply to state laws authorizing the personal use of marijuana, which California voters will consider in November. Although the drug remains illegal under federal law, the Obama administration says it has instructed federal prosecutors not to file charges against those who are following state laws.
But prosecutions and other federal actions against state-authorized marijuana suppliers have not ended. The government is still trying to shut down dispensaries, like the huge Harborside Medical Center in Oakland, and has refused to dismiss criminal cases it filed in the past, like those of the medical marijuana retailers and growers in Tuesdays case.
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Read more: http://www.sfgate.com/nation/article/Court-says-feds-can-t-prosecute-for-legal-9146275.php
christx30
(6,241 posts)If it doesn't cross state lines, should be none of the Fed's business.
DorothyG
(95 posts)a Kansas citizen who drives to Colorado for medical purposes?
christx30
(6,241 posts)that the feds have no business regulating certain controlled substances. But until that happens, we just have to hope that the good people of Kansas are able to convince their state reps that marijuana has therapeutic qualities. So people are pretty much at the mercy of either state reps for the feds.
cstanleytech
(26,293 posts)government has no business regulating any kind of drugs, not that its an issue in this case since the court apparently only made the ruling that they did because the spending restrictions by Congress specifically ties the federal agencies hands over spending any federal money to pursue federal charges at this time.
christx30
(6,241 posts)So it's up to the individual states to make medical marijuana legal. And while it is still federally illegal, they're not allowed to spend any money and enforcing that law in states that allow it.
So for those of us that care about that kind of thing, is now more important than ever to get as many friendly Democrats into state office.
And therefore it is now more important than ever to get out the vote during off year elections.
cstanleytech
(26,293 posts)Last edited Wed Aug 17, 2016, 12:32 AM - Edit history (1)
as almost any decent person will do even a Republican providing of course you can find one that isn't currently doing a deep probing personal inspection of their own prostate with their head.
wildbilln864
(13,382 posts)StrictlyRockers
(3,855 posts)Step by step, we are getting there. Everything matters. This one is important.
awoke_in_2003
(34,582 posts)While i want marijuana legalized, this says that state law trumps federal. At one time, state law said slavery was legal.
markpkessinger
(8,401 posts). . . It says that another federal law passed by Congress invalidates federal prosecutions in states that legalize marijuana.
ripcord
(5,408 posts)Recreational use is not covered under this ruling.