HUGE VICTORY! Federal Court Has Banned Govt from Prosecuting for Medical Marijuana!

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Top Tier Gear USA


by Matt Agorist

Last week, the tyrannical DEA doubled down on their asinine and immoral decision to classify marijuana as having no medical value — promising to continue to kidnap, cage, and kill people for possessing it. However, in a major victory, and a well-deserved slap to the face of the DEA, a federal appeals court just ruled that prosecuting medical marijuana users and growers is now banned.

The Ninth US Circuit Court of Appeals’ three-judge panel has ruled that the Department of Justice (DOJ) cannot spend budget money to prosecute people who grow, sell or use medical marijuana — if they comply with state law.

The 25 states who’ve found themselves subject to continuous raids — in spite of medical pot being legal — will now have solace in the fact that the DOJ can no longer throw money at the futile and immoral practice of arresting people for a plant.

“If the federal government prosecutes such individuals, it has prevented the state from giving practical effect to its law,” Circuit Judge Diarmuid O’Scannlain wrote for the court.

The ruling stems from a 2014 congression budget rule saying that the DOJ cannot use funds to prevent US states “from implementing their own state laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” 

Even more encouraging than halting future prosecutions, is the fact that this will help those who’ve already been locked up or charged for having marijuana. By upholding this ruling, those who have been prosecuted can now invoke it to challenge their prosecutions.

The Ninth Circuit held (in United States v. McIntosh) that federal judges should enforce this law by stopping prosecutions for conduct that is authorized by state medical marijuana laws:

Appellants complain that DOJ is spending funds that have not been appropriated by Congress in violation of the Appropriations Clause of the Constitution. See U.S. Const. art. I, § 9, cl. 7 (“No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law ….”)…. [I]f DOJ were spending money in violation of [§ 542], it would be drawing funds from the Treasury without authorization by statute and thus violating the Appropriations Clause. That Clause constitutes a separation-of-powers limitation that Appellants can invoke to challenge their prosecutions….

Marc Zilversmit, a San Francisco lawyer representing Steve McIntosh of Los Angeles, said, “This could be the beginning of the end of the federal war on medical marijuana.”

According to KRON, McIntosh is one of five people being prosecuted in federal court in San Francisco for allegedly operating four Southern California marijuana stores and five indoor marijuana grows in the San Francisco and Los Angeles areas.

These five people are now demanding that their sentences be overturned and their federal charges dismissed.

However, Judge O’Scannlain specifically stressed that the court’s unanimous ruling should not be seen as immunity by medical marijuana purveyors, according to Reuters.

“Congress could restore funding tomorrow, a year from now, or four years from now,” he wrote, “and the government could then prosecute individuals who committed offenses while the government lacked funding.”

As if to downplay this huge victory, the panel also warned that “individuals who do not strictly comply with all state-law conditions” can be prosecuted.

Every time the state rolls back insane laws that persecute individuals for attempting to medicate themselves using a plant, humanity takes a giant leap forward.

While this ruling is certainly encouraging, this is only the beginning. The state’s war on marijuana is crumbling on every front. Twenty-five US states currently allow for medical marijuana while another four states Colorado, Washington, Oregon and Alaska, as well as the District of Columbia, allow marijuana for recreational use. This November, voters in nine more states, including California, are set to decide on whether recreational use of marijuana should be made legal there as well.

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  • g.johnon

    hell with appropriations clause, what about the freaking states right clause?

  • landy fincannon

    The war on pot began , with the war on industrial hemp. If you’re unfamiliar with the many products that were created from hemp anything from car parts to paint. Now this is more about the huge amount of money , generated for lawyers and the courts. I for one have grown tired of ” malum prohibitum” laws

  • Great news! FINALLY! The MOST medicinal plant in the world is now at least able to be used by *some* individuals but there should be NO restrictions on a plant that has never killed anyone so we still have a long way to go.

    Unfortunately there are still many ignorant individuals out there when it comes to cannabis. They’ve been fed propaganda their whole lives and have swallowed it hook, line and sinker. It’s a shame that they’ve been successfully brainwashed to hate their very own medicine which works naturally with the human body. This brainwashing will cause them to seek out toxic pharmaceutical drugs to manage the symptoms should they ever get sick with a serious disease like cancer or MS, just as the medical mafia wishes.

  • PaulfromTexas

    the cotton industry uses 1/4 of the pesticides used on the planet……and that industry HATES hemp…..which uses no pesticides in growing nor defoliants in harvesting …

  • amuncat

    Im’ma a product of the 60’s!!! I never in my wildest thought it would come to this…seriously! That said, on a humanitarian basis, WITH THE KRAP THEY HAVE HAS OR WILL THROW AT US, STRIPPING US OF EVERY RIGHT, THE VERY LEAST THEY COULD DO IS LEGALIZE DRUGS SO THAT WE COULD COPE WITH THEIR SHOT!!! AND I AM SERIOUS!!! THAT’S THE LEAST HEY COULD DO!!!!

  • landy fincannon

    Not so fast , it’s the ninth the most overturned court. You know the Feds, won’t back down. We’ll have to back them down

  • pharmerdavid

    If you don’t already know how corrupt and evil the DEA is, read this website to learn:
    Even though the DEA can’t prosecute cannabis ‘crimes’ anymore (unless ruling is overturned), that won’t stop them from terrorizing innocent growers and stealing their possessions. Vice cops (especially drug ‘warriors’) are the worst of police, and the DEA is the worst of alphabet agencies. There is an “A” version and “B” version of all law enforcement and spook agencies. “A” is the pubic, patriotic version sold to us by television and movies. “B” is the secret, criminal version, which is their real purpose. The “B” version is one huge organization controlled by the banksters, with tentacles into all law enforcement and spook agencies. We need to take guns away from police, like they do in the UK where there are much fewer cops shot, and fewer citizens (and dogs) shot. Over 80% of the police in UK do not carry guns, and they do NOT want to carry them. The alphabet agencies should all be abolished, because they only serve the banksters – not the people who have their money extorted by taxes to pay their salaries. DEA helps the banksters drug rackets by going after their competition – legalization of ALL drugs is the best solution to the drug (enforcement) problem. Cannabis is the most valuable plant on the planet. The most dangerous thing about cannabis are the laws against it. Lives are ruined by those laws, not by the plant, which is nontoxic. I grew opium poppies in my front yard a couple years ago to demonstrate how illogical the laws against cannabis are. Opium poppies are de facto legal to grow here in Oregon, and I see them all over town. My front yard looked like “little Afghnaistan” two summers ago, but I was never questioned about it by police. Growing cannabis, however, requires a medical permit for growing over 4 plants, which is legal now, but they must be kept hidden from public view. Cannabis HEMP is still illegal to grow though, which is telling…!

  • SMH2much

    “the Department of Justice (DOJ) cannot spend budget money to prosecute people who grow, sell or use medical marijuana — if they comply with state law.”

    Guess what peeps. They don’t have to spend budget money now that the feds have convinced the locals to join up together on your count & state taxpayers dime. You are now paying the feds as usual, plus the feds through your local taxes. When you see the fed branches teaming up with local sheriffs, the feds aren’t paying it, the locals are. It is all explained in the new strong cities network, by jarett & obama. Another side benefit? Your locals are now also working as feds. See how this works? You are being scammed & plundered every which way.