Fed Court Tells DEA Thuggos To Stop Going After State-Legalized Medical Marijuana
These government-enabled thugs have been going after legal dispensaries -- made legal by state law -- reports Christopher Ingraham in the WaPo, but now a federal court has told them "nuh-uh; no more":
In a scathing decision, a federal court in California has ruled that the Drug Enforcement Administration's interpretation of a recent medical marijuana bill "defies language and logic," "tortures the plain meaning of the statute" and is "at odds with fundamental notions of the rule of law." The ruling could have a broad impact on the DEA's ability to prosecute federal medical marijuana cases going forward.At issue is the Rohrabacher-Farr amendment to last year's government spending bill. The amendment lists the states that have medical marijuana laws and mandates that the Justice Department is barred from using federal funds to "prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." Pretty straightforward, right?
When the legislation was passed, advocates and lawmakers on both sides of the issue agreed that the bill basically prevented the DEA from going after medical marijuana dispensaries, provided that such dispensaries were acting in compliance with state law. The DEA, however, didn't see it that way. In a leaked memo, the Justice Department contended that the amendment only prevents actions against actual states -- not against the individuals or businesses that actually carry out marijuana laws. In their interpretation, the bill still allowed them to pursue criminal and civil actions against medical marijuana businesses and the patients who patronized them.
The DoJ's reading of the amendment infuriated its sponsors. They called for an investigation into the Department of Justice's "tortuous twisting of the text" of the bill, saying it violated common sense. Yesterday, Judge Charles Breyer of the U.S. District Court in northern California agreed.
Breyer goes through the arguments against the DoJ's case, referring to the floor debate as well as the plain language of the bill. But, "having no substantive response or evidence, the Government simply asserts that it 'need not delve into legislative history here' because the meaning of the statute is clearly in its favor," Breyer writes. "The Court disagrees." He called the DoJ's interpretation of the amendment "counterintuitive and opportunistic."
..."It's great to see the judicial branch finally starting to hold the Justice Department accountable for its willful violation of Congress's intent to end federal interference with state medical marijuana laws," said Tom Angell of Marijuana Majority.
Dan Riffle of the Marijuana Policy Project agreed. "This is a big win for medical marijuana patients and their providers," he wrote in a statement, "and a significant victory in our efforts to end the federal government's war on marijuana. Federal raids of legitimate medical marijuana businesses aren't just stupid and wasteful, but also illegal."








How much would you bet the justice departments motives are financial? Can't let go of all those yummy confiscation dollars.
Ben at October 22, 2015 5:40 AM
It'll be interesting to see what the DEA's next move is. I presume they'll ask for an emergency stay of the ruling from whatever the next higher court is, which I think is the Ninth Circuit. I can't imagine the Ninth granting such a stay. So what happens after that? Will the DEA actually back off, or will they say, "Screw the law, we do what we want?" If they do the latter, an argument can be made that they are committing an act of rebellion.
(An aside: I would have loved it if this had been a Tenth Amendment-based ruling. But, clearly it's not. Rohrabacher-Farr clearly does not reinforce the Tenth Amendment; all it does is make a very small carve-out from unlimited federal power.)
Cousin Dave at October 22, 2015 7:24 AM
Didn't Obama also tell the DEA and the Justice Department to back off from medical marijuana, even before the Rohrabacher-Farr amendment? Was he not serious about this, or does he simply have no idea at all of how to enforce managerial decisions?
markm at October 23, 2015 4:04 PM
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