United States v. McIntosh

833 F.3d 1163 (2016)

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United States v. McIntosh

United States Court of Appeals for the Ninth Circuit
833 F.3d 1163 (2016)

Facts

Steve McIntosh and numerous other individuals (the medical-marijuana proponents) (defendants) grew or sold medical marijuana in states that had enacted laws authorizing such activities. The medical-marijuana proponents were charged under the federal Controlled Substances Act and moved to dismiss the charges or enjoin the US Department of Justice (DOJ) from pursuing the charges, arguing that a recently enacted federal appropriations bill prohibited the DOJ from spending appropriated funds to pursue the charges. The appropriations bill cited by the medical-marijuana proponents stated that the DOJ could not use any appropriated funds to prevent particular states that had enacted laws authorizing the cultivation, possession, distribution, and use of medical marijuana from implementing those state laws.

Rule of Law

Issue

Holding and Reasoning (O’Scannlain, J.)

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