The holding was based on a 2014 federal budget restriction.
In a unique ruling, a federal judge has stopped the prosecution of two men in Northern California for growing marijuana. The men, Anthony Pisarski and Sonny Moore, had already pled guilty to conspiracy to possess and grow marijuana under federal law. They faced up to three years in prison. However, U.S. District Court Judge Richard Seaborg suspended the proceedings and stated that the men could not be prosecuted because in 2014, Congress added restrictions to the Department of Justice’s budget that prevented it from interfering with states’ medical marijuana laws.
Under these restrictions, which were sponsored by two Orange County representatives, Sam Farr and Dana Rohrabacher, the Department of Justice is forbidden from spending funds that would interfere with the implementation of a state medical marijuana law. In August 2016, the Ninth Circuit Court of Appeals found that this amendment prevented federal prosecutors from charging individuals who are complying with their state’s medical marijuana laws — even though federal law forbids the use and possession of marijuana for any purpose. Judge Seaborg found that the two men complied with California law in their grow operation, and so their prosecution was barred by the 2014 amendment. The men will seek to withdraw their guilty pleas.
This ruling is the first known holding of its kind, and it could represent a significant victory for anyone who has been charged under federal law for a marijuana crime despite complying with California’s medical marijuana laws. Anyone who has been charged or convicted under federal law for these offenses should contact a drug defense lawyer in Los Angeles, CA to determine if he or she can seek to have their conviction overturned or have their case thrown out of court.
However, it is important to note that this budget amendment must be renewed in order for this ruling to continue to stay in effect. Attorney General Jeff Sessions has called for the removal of the restrictions on the Department of Justice’s budget, and has argued that marijuana crimes should be more harshly punished. The budget amendment has passed through one Senate subcommittee with bipartisan support, and may continue to receive broad support.
While California has largely legalized the use of marijuana for both medical and recreational purposes, the possession and use of marijuana is still a crime under federal law. If you have been charged with drug possession under federal law, you will need the help of a skilled drug defense lawyer in Los Angeles, CA. At the Chambers Law Firm, we are experienced at representing clients who have been charged with drug crimes, including those involving marijuana. We will aggressively defend you, and will explore all options for resolving the case, including the potential for challenging the charges based on your compliance with California’s medical marijuana laws. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation or to learn more about how we can help you.
