Vaporizer Blog judge rules against dea

Published on November 12th, 2015 | by News Feed

Dispensaries Are Back in Business After Judge Rules Against DEA

When it comes to the distribution and use of medical marijuana, the rules have sometimes seemed a little incomprehensible. Even the Justice Department and the DEA manage to get their wires crossed from time to time. Most recently, the DEA landed in hot water in district court after they forced one medical marijuana dispensary to shut down with a federal injunction. The dispensary’s owner challenged the shut down in court and won the case. District Court Judge Bryers ruled that the DEA had violated the Rohrabacher-Farr amendment, which “forbids the Department of Justice from enforcing this injunction against MAMM to the extent that MAMM operates in compliance with state California law.”

According to the Justice Department and the DEA, there has been a great deal of confusion regarding the Rohrabacher-Farr amendment. The Justice Department seemed to believe that the amendment made it possible for them to investigate and take legal action against medical marijuana facilities and patients. They also indicated that they felt that the amendment was passed so that it would be more difficult for other states to pass laws approving the use of medical marijuana.

It didn’t take long for one half of the duo that first introduced the amendment to become irritated with the Justice Department’s statements regarding the way they interpreted the amendment. In response, one of the congressmen sent an angry letter demanding that the Attorney General “bring your Department back into compliance with federal law by ceasing marijuana prosecutions and forfeiture actions against those acting in accordance with state medical marijuana laws.” And that wasn’t all he had to say. As the letter continued, he was very clear about what the Rohrabacher-Farr amendment was supposed to do when he stated, “The purpose of our amendment was to prevent the Department from wasting its limited law enforcement resources on prosecutions and asset forfeiture actions against medical marijuana patients and providers, including businesses that operate legally under state law.”

While the medical marijuana community has not reached the point where they are free from hassles by the Justice Department and the DEA, it’s nice to know that people like District Court Judge Bryers are willing to stand on the side of justice.

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