The medical marijuana community was left feeling much stronger this past month after a federal court determined that the Department of Justice must adhere to the regulations designated with the passing of the Rohrabacher-Farr amendment-a budget restriction that restricts the use of federal money for the prosecution of marijuana shops and patients that legally comply with state law.
The Rohrabacher-Farr amendment, which was passed back in 2014 and renewed in 2015, was created as a form of protection for the medical marijuana industry by blocking the use of federal money for raids and prosecutions of medical marijuana users.
The Justice Department used its own loose interpretation of the rider to further its reign of terror, implying that it only prohibited the department from “Impeding the ability of states to carry out their medical marijuana laws,” however did nothing to stop them from bullying the medical marijuana community.
After a lot of commotion, the United States Court of Appeals for the Ninth Circuit finally took a stand to offer some clarity on the matter, saying, “At a minimum, prohibits DOJ from spending funds from relevant appropriations acts for the prosecution of individuals who engaged in conduct permitted by the State Medical Marijuana Laws and who fully complied with such laws.” However, Judge Diarmuid F. O’Scannlain, who wrote the decision on behalf of the three-judge panel, was quick to highlight that the Department of Justice and its associates over at the DEA could one day resume the dropping of the gavel on medical marijuana businesses and patients the second Congress makes the choice to no longer support Rohrabacher-Farr.
“Congress could restore funding tomorrow, a year from now, or four years from now, and the government could then prosecute individuals who committed offenses while the government lacked funding,” O’Scannlain wrote.
An email sent to HIGH TIMES by the Marijuana Majority suggest that the Rohrabacher-Farr amendment, which is tucked inside a federal spending bill, is set to run out on September 30.
This should be making the medical marijuana community a little worried, especially considering that no one knows for sure whether Congress will renew the rider for inclusion in the Fiscal Year 2017 federal spending plan.
That’s because of Republican leadership, the same federal gatekeepers responsible for preventing a number of marijuana-related amendments earlier this year has seemingly started to strong-arm the amendment process, allowing “Only certain approved amendments” to advance to the floor-a situation that could easily destroy the current medical marijuana defense system. However, nothing extreme is expected to take place in the next few months, it is possible that the medical marijuana community could once again find itself with a target painted on its back.
MAPH Enterprises, LLC | (305) 414-0128 | 1501 Venera Ave, Coral Gables, FL 33146 | new@marijuanastocks.com
