Medical marijuana victory as Federal court tells DEA to back off the states
A California Federal Court recently ruled that the Drug Enforcement Administrations interpretation of a state empowering medical marijuana bill "defies language and logic," "tortures the plain meaning of the statute" and is "at odds with fundamental notions of the rule of law."
The amendment, called the Rohrabacher-Farr amendment dictates that the Justice Department is barred from using federal funds to "prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana." Basically, the feds leave the states alone and respect individual state marijuana laws.
A leaked document shows that the Justice Department and DEA wanted to read it differently. Instead of heeding the meaning of the law, they proposed that it meant they couldn't interfere with states but had free reign to prosecute the individuals or businesses that actually carry out marijuana laws.
When the document leaked, sponsors of the bill were outraged. They demanded recourse and an investigation into this "tortuous twisting of the text" of the bill, saying it violated common sense. Federal judge Charles Breyer agreed, claiming the DoJ's interpretation of the amendment was "counterintuitive and opportunistic."
As the US judicial system continues to support emergence from this awful prohibition patients and doctors can breathe a sigh of relief. Sponsors of the legislation, including co-author Dana Rohrabacher, were thrilled at the judge's clarification to the DoJ's "ridiculous interpretation" of the law.
https://www.congress.gov/bill/113th-congress/house-bill/83/text