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Wednesday, Aug 17 2016

Full Issue

Justice Can't Prosecute Medical Marijuana Cases If State Law Not Broken, Appeals Court Rules

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco orders that pot growers, suppliers and users cannot be prosecuted by the U.S. Department of Justice if their actions are not illegal under state law. Meanwhile, Arizona receives 750 applications for 31 dispensary licenses that will be granted in October.

A federal appeals court on Tuesday banned the Justice Department from prosecuting medical marijuana cases if no state laws were broken. A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco ordered the federal agency to show that 10 pending cases in California and Washington state violated medical marijuana laws in those states before continuing with prosecutions. (Elias and Johnson, 8/16)

In a potential legal breakthrough for medical marijuana, a federal appeals court ruled Tuesday that the Justice Department cannot prosecute anyone who grows, supplies or uses the drug for medical purposes under state law because Congress has barred federal intervention. The decision by the Ninth U.S. Circuit Court of Appeals in San Francisco was written by one of its most conservative judges, Diarmuid O鈥橲cannlain, and was the first by any appeals court to prohibit federal prosecutions under spending restrictions enacted by Congress. First passed in 2014 and renewed through September, the budget amendment forbids the Justice Department to spend any money to prevent California and other states from 鈥渋mplementing their own state laws鈥 that authorize the medical use of marijuana. (Egelko, 8/16)

The Arizona聽Department of Health Services, which oversees the medical-marijuana program, has received about 750 applications for the 31 licenses that will be awarded in聽October. The intense competition for the permits聽has聽set off a land rush of sorts, with聽applicants scrambling聽to lock down聽properties in metro Phoenix, Tucson and聽elsewhere that regulators might deem best聽suited聽for聽new dispensaries. Proposition 205, which would聽legalize marijuana for recreational use, would also give medical-marijuana聽dispensaries in good standing the first shot at the recreational聽licenses. (Sanchez, 8/16)

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