Loophole Might Protect the Medical Marijuana Industry

Throughout the years, since recreational marijuana was first legalized, the federal government has been leading a heavy war against the drug. The federal war on marijuana did not come out as successful as expected not too long ago after a huge win in California’s Ninth Circuit Court in the month of April. During 2015, an amendment was added that said that the Department of Justice cannot use its funding during 2015 or 2016 to infringe on the use of medical marijuana where it has already been legalized.

Lynette Shaw was successful in reversing a civil injunction that has been around for almost two decades, which made it illegal for her to work in the marijuana industry. However, she used the Congressional amendment previously described in her argument. One of the judges concurred with Shaw, admitting that the government’s case against her was nothing more than “torture.” The Department of Justice was trying to appeal the decision but realized that it would probably lose and decided to get rid of the case. As a result, Shaw is now able to operate in the industry.

Her entire case hung on the fact that Rohrabacher-Farr’s Amendment from 2014stopped the Department of Justice from getting in the way of Colorado’s medical cannabis laws. Congress decided to change the decision this year.

Her argument hinged on the notion that 2014’s Rohrabacher-Farr Amendment barred the DOJ from interfering with state’s medical marijuana. Shaw is not the first person to deal with the wrath of the federal government.

‘‘It’s been the hardest thing I’ve ever had to deal with in my life when you see the government coming down on you for simply trying to be healthy,’’ says Rolland Gregg. Gregg was arrested for cannabis plants he was growing in Washington, he reports to the Boston Globe.