# Federal Court: DOJ can't prosecute medical marijuana cases **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 18, 2016, 2:29am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142 "2016-08-18T02:29:22Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 18, 2016, 2:29am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/1 "2016-08-18T02:29:22Z")
[Appeals Court Bars Feds From Prosecuting Medical Marijuana Cases](http://fortune.com/2016/08/17/appeals-court-medical-marijuana-doj/) > [@](#): > > A federal appeals court told the U.S. Department of Justice this week that it can no longer prosecute cases against medical marijuana businesses where the defendants are compliant with relevant state laws. > > The federal appeals court’s ruling followed the congressional passing of a budget rule two years ago barring the DOJ from putting federal funds toward obstructing medical marijuana operations in states with legal markets for the drug. The appeals court on Tuesday sided with defendants in 10 combined cases—dealing with marijuana dispensaries and growing operations in California and Washington—who argued to have federal charges against them dropped because their businesses were operating within the guidelines set by their respective states’ legal medical marijuana markets. Recreational use is still not protected but it’s a step in the right direction. ---
**Author:** ![Ambivalid](https://avatars.discourse-cdn.com/v4/letter/a/a5b964/32.png) [@Ambivalid](https://boards.straightdope.com/u/Ambivalid)\ **Post date:** [August 18, 2016, 2:36am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/2 "2016-08-18T02:36:33Z")
> [@running\_coach](#): > > Recreational use is still not protected but it’s a step in the right direction. If a recreational smoker enjoys their recreation enough, making the transition from “recreational” smoker to “medical” smoker is easy. Anyone can qualify. Get your blood pressure taken by a doc, get asked a couple incredibly vague health questions, pay a $60 fee and bam. You’re a patient. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 18, 2016, 2:47am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/3 "2016-08-18T02:47:03Z")
> [@Ambivalid](#): > > If a recreational smoker enjoys their recreation enough, making the transition from “recreational” smoker to “medical” smoker is easy. Anyone can qualify. Get your blood pressure taken by a doc, get asked a couple incredibly vague health questions, pay a $60 fee and bam. You’re a patient. Unfortunately, I think that hinders allowing medical marijuana in states that don’t yet allow it. ---
**Author:** ![Pai325](https://avatars.discourse-cdn.com/v4/letter/p/c68b51/32.png) [@Pai325](https://boards.straightdope.com/u/Pai325)\ **Post date:** [August 18, 2016, 6:41am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/4 "2016-08-18T06:41:06Z")
> [@Ambivalid](#): > > If a recreational smoker enjoys their recreation enough, making the transition from “recreational” smoker to “medical” smoker is easy. Anyone can qualify. Get your blood pressure taken by a doc, get asked a couple incredibly vague health questions, pay a $60 fee and bam. You’re a patient. Illinois is quite a bit stricter. They just decided to add terminal illness to their small list of conditions, and I think most of the doctors around here, if you can find one who will certify you, charge between $490 and $500. ---
**Author:** ![Ranger\_Jeff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ranger_jeff/32/2065_2.png) [@Ranger\_Jeff](https://boards.straightdope.com/u/Ranger_Jeff)\ **Post date:** [August 18, 2016, 6:42am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/5 "2016-08-18T06:42:11Z")
So, is medical marijuana covered by medical insurance? ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 18, 2016, 11:09am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/6 "2016-08-18T11:09:53Z")
> [@Ranger\_Jeff](#): > > So, is medical marijuana covered by medical insurance? Nope. It’s still illegal at the federal level. Also, doctors can’t prescribe marijuana. They can only write a recommendation(which protects the patient under state law) and it’s up to the patient to obtain the pot. ---
**Author:** ![Channing\_Idaho\_Banks](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/channing_idaho_banks/32/250_2.png) [@Channing\_Idaho\_Banks](https://boards.straightdope.com/u/Channing_Idaho_Banks)\ **Post date:** [August 18, 2016, 11:45am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/7 "2016-08-18T11:45:19Z")
> [@Ranger\_Jeff](#): > > So, is medical marijuana covered by medical insurance? They cover drobnabinol, thc pills. ---
**Author:** ![kopek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kopek/32/337_2.png) [@kopek](https://boards.straightdope.com/u/kopek)\ **Post date:** [August 18, 2016, 11:59am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/8 "2016-08-18T11:59:49Z")
> [@Channing\_Idaho\_Banks](#): > > They cover drobnabinol, thc pills. And I believe some of the oil/extract forms. (Smoke is still basically against the law in PA even for medical purposes) ---
**Author:** ![LouisB](https://avatars.discourse-cdn.com/v4/letter/l/dfb087/32.png) [@LouisB](https://boards.straightdope.com/u/LouisB)\ **Post date:** [August 18, 2016, 1:04pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/9 "2016-08-18T13:04:55Z")
When I delivered prescription medications to nursing homes I noticed a fair amount of “Marrinol”(sp?) They looked like little round gelatin balls; the pharmacist told me they were an extract of marijuana used to enhance appetite in elderly patients. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [August 18, 2016, 1:29pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/10 "2016-08-18T13:29:47Z")
I couldn’t tell from the article -what was the legal reasoning behind the decision? States rights? Limited government? Equal protection? Interstate commerce? I am usually hesitant to say that this is a step in the right direction until I know where we are going. Regards, Shodan ---
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [August 18, 2016, 1:58pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/11 "2016-08-18T13:58:31Z")
> [@Shodan](#): > > I couldn’t tell from the article -what was the legal reasoning behind the decision? States rights? Limited government? Equal protection? Interstate commerce? I am usually hesitant to say that this is a step in the right direction until I know where we are going. > > Regards, > Shodan None of those things, actually. It wasn’t a ruling on the Constitution or even the federal government’s power over the states. Congress passed a law telling the DOJ not to spend money prosecuting these cases, so it cannot prosecute these cases. Congress actually did something good! _dances in streets_ ---
**Author:** ![Me\_Billy](https://avatars.discourse-cdn.com/v4/letter/m/e480ec/32.png) [@Me\_Billy](https://boards.straightdope.com/u/Me_Billy)\ **Post date:** [August 18, 2016, 2:02pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/12 "2016-08-18T14:02:38Z")
Well some COMMON SENSE in government for a change! I don’t smoke marijuana - actually cough near it and am allergic to it… BUT I think it is a big waste of time to prosecute people for this. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [August 18, 2016, 2:26pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/13 "2016-08-18T14:26:25Z")
> [@Richard\_Parker](#): > > None of those things, actually. It wasn’t a ruling on the Constitution or even the federal government’s power over the states. Congress passed a law telling the DOJ not to spend money prosecuting these cases, so it cannot prosecute these cases. > > Congress actually did something good! _dances in streets_ Thanks, **Richard**. Checks and balances, and another step towards not wasting money trying to tell people they can’t get fairly harmlessly baked if they want. Think I’ll join you in the dance. But you’ll have to lead - I have two left feet. Regards, Shodan ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [August 18, 2016, 2:41pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/14 "2016-08-18T14:41:49Z")
nm ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [August 18, 2016, 3:02pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/15 "2016-08-18T15:02:33Z")
I must say, the DOJ’s supposed “interpretation” of the rule they were violating was shockingly full of crap. > [@](#): > > In 2014, Congress passed a bipartisan measure, known as the Rohrabacher-Farr amendment, prohibiting the Justice Department from using federal funds to prevent states from “implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” The agency interpreted the measure to mean only that it couldn’t stop state governments from carrying out their medical marijuana laws — not that it couldn’t prosecute cases against individuals or businesses in those states. [WP article](https://www.washingtonpost.com/news/wonk/wp/2016/08/16/yet-another-federal-court-has-told-the-doj-to-stop-harassing-medical-marijuana-providers/) They can’t have honestly believed arresting people licensed by the state was not interfering with the state’s implementation of medical marijuana laws. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [August 18, 2016, 4:23pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/16 "2016-08-18T16:23:55Z")
The only thing I don’t understand is why it took an appeals court to do this. And why can’t Obama simply order the DOJ to obey the law? The whole situation passeth understanding. Why can’t Obama force the DEA to hold to the facts that marijuana really does have known medical uses and is not highly addictive? Let me just mention another widely used drug: tobacco. Not that I am advocating banning it. That would be a major disaster. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [August 18, 2016, 4:29pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/17 "2016-08-18T16:29:30Z")
> [@Hari\_Seldon](#): > > The only thing I don’t understand is why it took an appeals court to do this. And why can’t Obama simply order the DOJ to obey the law? He’s been busy. Regards, Shodan ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [August 18, 2016, 4:44pm UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/18 "2016-08-18T16:44:36Z")
I kid, I kid. Actually, what he has been busy doing is what he said he wouldn’t. The appeals court was necessary because Obama ordered the DOJ not to obey the law. > [@](#): > > Obama famously said he wouldn’t be using federal resources to “circumvent state laws on the issue” of medical marijuana. But not long after he got into office, his administration began a crackdown on growers and dispensers in states that had legalized it. By 2012, he had publically changed his tune from 2008, arguing that not to enforce federal anti-pot statutes in states where medical marijuana was legal would be to “nullify congressional law.” [Cite](http://www.slate.com/articles/news_and_politics/jurisprudence/2016/04/obama_s_medical_marijuana_prosecutions_probably_aren_t_legal.html). So he promised not to use federal resources to circumvent state law. Then he was elected and started using federal resources to circumvent state law, because he didn’t want to nullify congressional law. Then Congress passed a law, and he then got the opportunity to circumvent state law **and** nullify congressional law. So, one broken promise, one circumvention of state law, and one violation of congressional law. It must be the Republicans’ fault. Regards, Shodan ---
**Author:** ![Carryon](https://avatars.discourse-cdn.com/v4/letter/c/9fc29f/32.png) [@Carryon](https://boards.straightdope.com/u/Carryon)\ **Post date:** [August 19, 2016, 12:29am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/19 "2016-08-19T00:29:31Z")
NM ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [August 19, 2016, 3:04am UTC](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142/20 "2016-08-19T03:04:05Z")
> [@Shodan](#): > > So, one broken promise Did he really promise this? Cite? [Next page](https://boards.straightdope.com/t/federal-court-doj-cant-prosecute-medical-marijuana-cases/763142.md?page=2)