DOJ

warning: Creating default object from empty value in /home/hemporg/public_html/news/modules/taxonomy/taxonomy.pages.inc on line 34.

California: Court Blocks Federal Prosecution of Cannabis Farmers

California Cannabis

By Michael Bachara
Hemp News

On Tuesday, a U.S. District Court blocked federal prosecutors from moving forward with a conspiracy case against a duo of Northern California cannabis cultivators because the pair was determined to be complying with California medical cannabis laws.

Sonny Moore and Anthony Pisarski, both Humboldt County farmers, plead guilty to federal allegations but sought an evidentiary hearing based on legislation that prohibits the U.S. Department of Justice from cracking down on cannabis suspects who are otherwise following their state laws.

The 2014 Rohrabacher-Farr amendment is a budget rider, co-authored by California Rep. Dana Rohrabacher which prevents enforcement and prosecution in medical cannabis states by halting federal funding for such projects.

U.S.: DOJ Task Force Recommends Against Sessions Targeting Legal Marijuana Providers

doj.jpg

Recommendations would preserve current policy of not interfering with medical and adult-use businesses that comply with state law and federal guidelines

By Michael Bachara
Hemp News

A Dept. of Justice task force subcommittee on marijuana policy is not recommending any policy changes that would target state-legal marijuana programs or businesses operating in compliance with state laws, according to a report by the Associated Press. The task force asked for continued study and dialogue on the issue.

U.S.: Take Action Against Prohibitionist Attorney General Sessions

Jeff Sessions Reefer Madness

By August, states that have legalized recreational and medical cannabis should have a better idea how the Justice Department and Trump Administration plan to act

By Michael Bachara
Hemp News

Attorney General Jeff Sessions, the ever outspoken critic of cannabis, issued a recent directive stating he wants to increase asset forfeiture, which would allow the government to seize money and property from people suspected of a crime even before conviction. If the businesses have the means to sue to get their assets back, the case would be time consuming, stressful and expensive and virtually impossible for the entity to survive financially.

U.S.: House Judiciary Committee Unanimously Approves Law Helping Fight Asset Forfeiture

AssetForfeiture[FreedomWorks]

Legislation Eases Burden of Contesting a Government Forfeiture and Raises Government’s Burden to Keep Property

Advocates Caution that the Bill Will Not End Policing-for-Profit

The U.S. House Committee on the Judiciary on Wednesday unanimously approved asset forfeiture reform legislation.

Known as the DUE PROCESS Act (H.R. 5283) and sponsored by Crime Subcommittee Chairman Rep. F. James Sensenbrenner (R-WI), House Judiciary Committee Chairman Bob Goodlatte (R-VA), Ranking Member John Conyers (D-MI), Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX), Representative Tim Walberg (R-MI), Representative Peter Roskam (R-IL) and others, the bill makes important procedural reforms that will help give property owners fighting a federal civil asset forfeiture action greater leverage to contest a government seizure and increases the federal government's burden of proof in civil forfeiture proceedings.

The DUE PROCESS Act, however, currently does not address the “policing for profit” incentive issue.

U.S.: DOJ Accepts Decision Saying It Can't Target State-Legal Medical Marijuana Dispensaries

LynetteShawMAMM[TimPortier-MarinMagazine].jpg

By Steve Elliott
Hemp News

The U.S. Department of Justice has abandoned its appeal of a ruling that said federal prosecutors are breaking the law when they go after medical marijuana dispensaries who are in compliance with state law.

U.S. District Judge Charles Breyer issued the ruling last October, when he said that enforcing an injunction against a state-legal dispensary would violate a spending rider prohibiting the Justice Department from spending funds to interfere with state laws allowing medicinal use of cannabis, reports Jacob Sullum at Reason.

Breyer's ruling is left in force by the ruling in the Marin Alliance for Medical Marijuana (MAMM) casea, without establishing a circuit-wide precedent. The DOJ's request to abandon the appeal probably came about because it feared the 9th Circuit would agree with Breyer's reading of the Rohrabacher-Farr Amendment, which says the DOJ may not used funds to "prevent" states from "implementing" their medical marijuana laws.

The DOJ argued that prosecuting dispensaries, seizing their property, and shutting them down does not prevent implementation of laws which allow them. Judge Breyer rightly ruled that interpretation "defies language and logic."

Syndicate content