Budgetary provisions enacted by Congress in 2014 forbid the Justice Department from taking action against medical marijuana providers who are operating in compliance with state law, a federal judge for the northern district of California determined earlier this week.
The ruling, issued by US District Court Judge Charles Breyer, rejects the Justice Department’s ‘tortured’ interpretation of the statute (Section 538 of the Continuing Appropriations Act of 2015) and affirms that the “plain reading” of the law prohibits the federal government from spending funds in a manner that interferes with a state’s ability to authorize the use, distribution, possession, or cultivation of medical marijuana. Consequently, the statute forbids the federal government from taking actions that would result in the closure of state-compliant medical cannabis facilities, the Court opined.
Breyer ruled: “It defies language and logic for the Government to argue that it does not ‘prevent’ California from ‘implementing’ its medical marijuana laws by shutting down these … dispensaries, whether one shuts down one, some, or all. … [C]ontrary to the Government’s representation, the record here does support a finding that Californian’s access to medical marijuana has been substantially impeded by the closing of dispensaries.”
He added: “[T]he legislative history of Section 538 points in only direction: away from the counter-intuitive and opportunistic meaning the DOJ seeks to ascribe to it now. … [T]he statutory language … is plain on its face [and] the Court must enforce it according to its terms.”
Breyer’s ruling removes an injunction that had forbidden the Marin Alliance for Medical Marijuana from operating. The injunction had been in effect since federal officials took action to close down the facility in 2011 as part of a statewide crackdown against dispensary operators.
Although Section 538 was included as part of a fiscal year 2015 spending bill, the language is expected to be renewed by Congress later this year as part of a FY 2016 appropriations measure.
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