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A Federal Court Just Gave A Huge Victory To The Medical Marijuana Industry


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"The Department of Justice cannot spend money to prosecute people who violate federal drug laws but are in compliance with state medical marijuana laws, a federal court ruled on Tuesday. The ruling prevents federal law enforcement from funding prosecution of anyone who obeys a state’s medical marijuana laws."

 

https://www.yahoo.com/news/federal-court-just-gave-huge-201103079.html

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This is great!

 

 

DOJ, without taking any legal action against the Medical Marijuana States, prevents them from implementing their laws that authorize the use, distribution, possession, or cultivation of medical marijuana by prosecuting individuals for use, distribution, possession, or cultivation of medical marijuana that is authorized by such laws. By officially permitting certain conduct, state law provides for nonprosecution of individuals who engage in such conduct. If the federal government prosecutes such individuals, it has prevented the state from giving practical effect to its law providing for non-prosecution of individuals who engage in the permitted conduct.

 

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.

 

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funny, zap just told me that the congress law only applied to state government workers implementing the medical marijuana programs.

 

how ya doin zap?

 

 

Thanks 

 

 law only applied to state government workers ? So when will it include the people of Oakland  County

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This decision only effects the 9th circuit COA states(west coast).  The 9th is overturned more than any other federal court. It has zero effect on us in the 6th.

 

Though i appreciate the outcome, I doubt other courts will see it the same.

 

The language is pretty clear in the appropriations bill. 

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that's from 2011. there's a new law...

 

from 2014:

 

Sec. 538. None of the funds made available in this Act to the Department of Justice may be used, with respect to the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Vermont, Washington, and Wisconsin, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

 

Sec. 539. None of the funds made available by this Act may be used in contravention of section 7606 (``Legitimacy of Industrial Hemp Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the Department of Justice or the Drug Enforcement Administration.

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to prevent such States from implementing their own State laws

 

 

Prevent the "STATE" from implementing their own state laws.

 

I mean,...I will take any liberal view of that statement they are willing to give us; but i guarantee most other courts will not see it similarly as this case was decided.

 

 But cool for the west coast while it lasts for sure.

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