We. Will. Take it!
On August 16, the U.S. Court of Appeals for the 9th Circuit told the federal government that they CANNOT prosecute patients, growers, and dispensaries that follow state medical marijuana laws.
We are hoping that this decision may result in the DOJ’s ridiculous campaign against medical marijuana- which is ILLEGAL under federal law but LEGAL in 25 states AND the District of Columbia.
State Medical Marijuana Laws Upheld
The issue in the court was that the DOJ argued the previous law did not impede their prosecution of those involved with medical marijuana. They argued they could still go after individual patients, growers, and dispensaries because “scattered prosecutions would not block the state from implementing its medical marijuana laws more broadly”. Meaning, as the DOJ didn’t take legal action against the state it could still prosecute individuals and be in compliance. Wow, they DO NOT want people benefiting from marijuana. Insane.
Thankfully, the 9th Circuit disagreed. From the article, “In an opinion by Judge Diarmuid O’Scannlain, a Reagan appointee, the court affirmed that when the federal government prosecutes medical marijuana users and growers, “it has prevented the state from giving practical effect to its law” legalizing medical marijuana use and distribution. And that, of course, is precisely what the rider was meant to proscribe. Thus, so long as patients, growers, and dispensaries adhere to the applicable state law, they may not be prosecuted by the federal government.”
Mic drop.
Let’s just hope that Congress won’t drop this part of the law at the next appropriations bill because that would allow the DOJ to start sending medical marijuana patients and growers to prison, again. In that sense, Tuesday’s victory is rather tenuous. And until the federal government gets serious about cannabis reform, tenuous relief is all medical marijuana patients can hope for.
Quite frankly, until our government makes total cannabis reform, we are in a holding pattern. However, good thoughts. Happy thoughts. We will keep our heads up and keep our voices high.
Source: Slate
