Wednesday, August 17, 2016

Court of Appeals for the 9th Circuit holds Fedral Government can't prosecute people who comply with state marijuana laws

A few days ago I reported that the Ohio board that oversees attorney conduct decided last week that attorneys aren’t allowed to help someone establish a legal medical marijuana-related business in the state because using, growing and selling marijuana remains a federal crime.  A few days later I posted a link to a comment on the issues regarding providing legal advice to clients in the legal marijuana business.

In a related story that affects the argument upon which the Ohio opinion is based, the ABA Journal is reporting today that the Court of Appeals for the 9th Circuit has held taht the U.S. Justice Department can’t spend money to prosecute people who are strictly complying with state medical marijuana laws, finding that such spending is banned by Congressional appropriations rider.  The case is United States v. McIntosh.

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