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eridani

(51,907 posts)
4. Federal court torches the DEA over medical marijuana raids and prosecutions
Thu Oct 22, 2015, 02:08 AM
Oct 2015
http://www.dailykos.com/story/2015/10/20/1436024/-Federal-court-torches-the-DEA-over-medical-marijuana-raids-and-prosecutions

For two years in a row, the House of Representatives has voted to approve the Rohrabacher-Farr Medical Marijuana Amendment, which prohibits the federal government from prosecuting medical marijuana patients or distributors who are in compliance with the laws of their state.

Unfortunately, the DEA had another take on the amendment:

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 or business 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.

Medical cannabis operators sued and not only did they win their lawsuit, the Judge Charles Breyer unloaded on the DEA in the decision:

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."

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