On August 16, in the case of United States v. McIntosh[1], the U.S. Court of Appeals for the 9th Circuit, reversed decisions from the District Court for the Northern District of California denying the appellants’ request for  relief against the Department of Justice (the “DOJ”) in connection with indictments brought against them for violation of the Controlled Substances Act.  The Court held that the appellants had standing to seek relief under a rider to the Consolidated Appropriations Act[2] prohibiting the DOJ from spending funds to prevent states’ implementation of their medical marijuana laws (“§ 542”).
Continue Reading Ninth Circuit Limits DOJ Prosecution of Persons Complying with State Marijuana Laws