California High Court Ruling: DEA Breaking The Law By Raiding Legal Dispensaries

Better late than never: Signaling a significant victory for patients and dispensaries participating in state sanctioned medical marijuana programs, a federal Judge ruled on Monday the DEA must back-off raiding and shutting down medical marijuana collectives legally operating under California’s Prop 215, first passed in 1996.

Charles Breyer, U.S. District Judge

Charles Breyer, U.S. District Judge (Photo Courtesy of SFGate Blog)

Starting the week off on a high note, Charles Breyer, a U.S. District Judge from Northern California, admonished the DEA with a ruling critical of the agency for its systematical harassment of the medical marijuana community. Citing last year’s Rohrabacher-Farr amendment, Judge Breyer noted it prevents the use of any government funds from being utilized for such actions.

Representing the first ruling of its kind by a federal judge, this decision safeguards all state marijuana laws. Preventing the DOJ (Department of Justice) from spending any of our tax dollars to bust legal dispensaries or MMJ patients in any of the 23 states that have voter approved medical marijuana programs.

According to Time.com:

” Judge Charles Breyer of the U.S. district court in northern California disagreed with the DEA memo, writing in his decision that the department’s interpretation of the law “defies language and logic” and is “at odds with fundamental notions of the rule of law.” Instead, the court sided with the dispensaries, saying the department could not interfere with medical marijuana providers operating legally under state regulations.”

MAMM vs USDOJ – Charles R. Breyer ruling to lift injunction

Lynette Shaw, owner of Fairfax’s Marin Alliance for <stro />Medical</strong> Marijuana ” width=”250″ height=”192″ /></p>
<p class=Lynette Shaw, owner of Fairfax’s Marin Alliance for Medical Marijuana (Photo Courtesy of MarinIJ)

The recent ruling involves the case of Lynette Shaw, owner of Fairfax’s Marin Alliance for Medical Marijuana. Shaw was originally forced to close her shop four years ago after the Department of Justice decided to make an example of her –– issuing a federal cease and desist order against her dispensary.

While the feds claim they were dazed and confused over the Rohrabacher-Farr amendment, not sure whether it was meant to stop the DOJ from spending taxpayer cash to crush marijuana related businesses and prosecute patients in medical marijuana states – or simply cut off any federal funding that would discourage states from legalizing medical marijuana.

Attempting to justify their position earlier this year, the Justice Department told The LA Times the Rohrabacher-Farr amendment only stops the feds from “Impeding the ability of states to carry out their medical marijuana laws,” leaving individuals within the medical marijuana community open to prosecution.

Thanks to Judge Breyer’s recent moral epiphany – – and clarifying that congressional law “forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with state California law” – – the Justice Department may find themselves strapped for cash during their next attempt at circumventing state law and ignoring an individuals civil liberties.

(Main Photo Courtesy of the Huffington Post)

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