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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: 4, Informative) by edIII on Thursday August 18 2016, @07:15PM
I'm not aware that he signed it, most likely, because it's completely fucking irrelevant. We both know that what really matters is what the DoJ is actually doing, and that's to keep going after people. Which is odd, for a President that has no problems using executive power at all.
Why isn't the DOJ complying with this bill? Why isn't Obama acting Presidential, and using Presidential powers to put the DOJ in it's place? Where are the press conferences where he makes it public that the DOJ is no longer supposed to get involved, and by extension the DEA, with marijuana in any state that has legalized it? Granted, I religiously stay away from the news, but I think I would have heard about Obama coming out to support marijuana freedom laws. Correct with me actual news footage and articles please.
Obama is a slick used-car salesman. Signing that bill means nothing when there is a wink-wink going on that strongly indicates the complete lack of enforcement. It hasn't gone unnoticed by you that the Judicial branch is involved right now? That bill was created by the Legislative, and the Executive is asleep, stupid, and corrupt. The people actually responsible for complying with that bill have all but mutinied, and nobody at the top is doing anything about it.
Maybe it's not Obama's fault if these people are deliberately not listening, but that at best makes Obama a fucking pussy and bad President, and not so much of a liar. Whatever has happened, Obama is President, and last I checked... the buck stops with him.
This is just ONE issue out of many where Obama has lied and then betrayed us. Truly this isn't political commentary either, as I strongly believe that neither Hillary or Trump would act any different over the course of their 4-8 years either.
All politicians are extremely corrupt, and the best use for ALL of them worldwide is to attempt to fill in the Marianas trench with their bodies.
Technically, lunchtime is at any moment. It's just a wave function.
(Score: 2) by JNCF on Thursday August 18 2016, @07:41PM
All politicians are extremely corrupt, and the best use for ALL of them worldwide is to attempt to fill in the Marianas trench with their bodies.
It would certainly make James Cameron's next documentary more interesting. Crazy sea creatures and decomposing politicians? Take my money, IMAX!