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Courthouse News Service reports:
The Ninth Circuit ruled Tuesday that the Justice Department is barred from using federal funds to prosecute individuals in states where medical marijuana is legal and the individuals are in compliance with state law.
Federal prosecutors in California and Washington state indicted a number of individuals under the Controlled Substances Act on a range of offenses related to the growing and distribution of marijuana plants.
The defendants moved to dismiss the indictments, arguing that an appropriations bill passed by Congress in 2014 and renewed in 2015 and 2016 explicitly bars the Justice Department from using federal funds to interfere with states that have legalized medical marijuana.
The story goes on to characterize the legal battle and the reasoning behind the ruling. Basically that ruling boils down to the fact that the state laws apply in this case, and the funding laws passed by congress seem to be only a bit player in this ruling.
Writing for the three-judge panel, O'Scannlain said that Congress' appropriations bill expressly prohibits the Justice Department from spending money to keep 40 states — including California and Washington — the District of Columbia, Guam and Puerto Rico from implementing their own medical marijuana laws. And federal criminal defendants may fight the use of those funds, he said.
The panel appeared to go further than just enforcing the "No Federal Funds" use by stating:
"By officially permitting certain conduct, state law provides for non-prosecution 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."
That seems as close as you can come to a "States Rights" line of reasoning and still be welcome in liberal circles. The decision is reportedly being carefully scrutinized in the other circuit, and I would expect to see the government seek another venue.
(Score: 1) by kurenai.tsubasa on Thursday August 18 2016, @02:47AM
[Lizard Flagship above New York]
Romney: Attempting to bliss humanity will surely kill you.
Lizard Queen: Then I will die, but not before I fulfill my promise to my subjects and show them that humanity cannot nor will not defeat us.
[Lizard Queen attempts bliss via the moon matrix.]
Lizard Queen: You feel only peace. Friends, only peace.
[The Lizard Queen's eyes begin to bleed severely.]
Lizard Queen: Only my bliss can comfort you.
Romney: Yes, my queen, stop this! Will kill you!
[Lizard Queen shoves Romney away.]
Lizard Queen: Only my bliss can save you. Feel!.. my bliss!
[Lizard Queen faints.]
Lizard Princess: Mother, stop! I can do it for you. You sense only peace.
Scene 24, Interior DEO
Various people: Holy fuck shit just got real!
Lizard Princess: Feel only comfort, only calm, only love. I am your sole protector, and your keeper. Only my Bliss. I AM all you need.
(Score: 3, Funny) by aristarchus on Thursday August 18 2016, @08:15AM
Lizard Princess: Feel only comfort, only calm, only love. I am your sole protector, and your keeper. Only my Bliss. I AM all you need.
OK, tsubasa! Your megalomania has exceeded all bounds! We will not bow down to you, until you definitively identify as one lizard gender or the other, or the other other, for only then will we know the proper way to honor you as our Keeper, our Protector, our Changer of the Newspaper on the Bottom of the Cage, our Bliss that knows only the Bliss of things always being about tsubasa, since the Lizard Queen, The Queen of the Lizards, the Birther of the Egg of Creation, the Mother of all mothers, the, oh, crap, I have gotten a cramp in my poetic muscle. Carry on, just not quite as much as before.