Tuesday, April 10, 2018

US v. Gilmore, No. 17-10142 (4-5-18)(Adelman w/Paez & Ikuta).

The States are going to pot.  Congress recognizes this and authorized section 538, which barred DOJ from using appropriated funds to prevent States from implementing their own laws regarding medical marijuana. In US v. McIntosh, 833 F.3d 1163 (9th Cir. 2016), the 9th allowed defendants to enjoin expenditure of such funds on federal trafficking prosecutions.  Alas, for the defendants here, this Act, and injunctive relief, does not extend to marijuana grown on federal land.  Even if the defendants grew the pot inadvertently on federal land, and had complied with all state laws, the 9th holds that the government is not required to prove knowledge in this instance.  Defendants other arguments, such that it affected the availability of medical marijuana, or that public lands were included, went up in smoke.

The decision is here:



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