Landmark Decision Aids Medical Marijuana Dispensaries

(Winter 2015) In October, a federal judge decided that the Department of Justice (DOJ) is prohibited from prosecuting legal providers of medical marijuana. The decision cited a 2014 budget amendment Congress approved which orders the federal government to acknowledge state marijuana legislation and nullified an injunction against California dispensary Marin Alliance for Medical Marijuana (MAMM). Under this new amendment, the Justice Department cannot use federal funds to bring down state medical marijuana businesses. MAMM closed its doors in 2011 due to federal pressure.

Previously the DOJ narrowly interpreted the amendment to mean that the new laws do not apply to dispensaries or individuals owning them but, instead, prohibits the federal government from “impeding the ability of the states to carry out their medical marijuana laws.”

The court’s ruling could have a profound impact since 23 states and the District of Columbia have approved medical marijuana and an additional 17 states have given the nod to non-psychoactive cannabis extract to alleviate conditions such as severe epilepsy in children.

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