Could This Loophole Eliminate Federal Marijuana Prosecutions?
The federal War on Cannabis hit a road bump recently after a major victory in California’s Ninth Circuit Court last month. A Congressional amendment last year stated that the Department of Justice could not allocate funding in 2015 and 2016 to states with regulations on the use, distribution, and possession of medical marijuana.
Lynette Shaw succeeded in overturning a nineteen year old civil injunction, making it illegal for her to work in the cannabis industry, by using the Congressional amendment as the basis for her argument.
A Ninth Circuit Judge agreed with Shaw, describing the government’s argument against her as “tortured.” The DOJ was appealing the decision, but, recognizing they would likely lose, moved instead to dismiss the case. Thus, Shaw can now run her own dispensary.
Her argument hinged on the notion that 2014’s Rohrabacher-Farr Amendment barred the DOJ from interfering with state’s medical marijuana regulations. Congress renewed the decision in...
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