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Article • November 2, 2015 • from P&J November, 2015
U.S. v. Marin Alliance for Medical Marijuana, No. C-9800086-CRB (N.D.Cal.) (139 F.Supp.3d 1039) (October 19, 2015) (Judge Charles R. Breyer) by This case has been before the courts for some 17 years; and it involves the intractable battle between the Federal Government and any states that have had the audacity …
Article • December 24, 2012 • from P&J December, 2012
U.S. v. Duval, No. 11-20594 (E.D.Mich.) (865 F.Supp.2d 803) (March 30, 2012) (Judge David M. Lawson) by This case presented a series of high-stakes and fascinating questions that are likely to be raised frequently in future Federal marijuana prosecutions as more and more states carve out exceptions for the use …
Article • September 6, 2010 • from P&J September, 2010
U.S. v. Friel, No. Crim. No. 06-25-P-H (D.Me.) (699 F.Supp.2d 328) (March 29, 2010) (Judge D. Brock Hornby) by We have to applaud defendant Dennis Friel for his brave and highly imaginative efforts to amend his conditions of supervised release in this case. He was convicted in 2006 of possession …
Article • February 1, 2007 • from P&J February, 2007
Raich v. Gonzales, No. 03-15481 (9th Cir.) (500 F.3d 850) (March 14, 2007) (Judge Harry Pregerson) by From the Decision of the Day Blog: Raich Update: Ninth Denies Relief in Medical Marijuana Remand March 14th, 2007 Anyone who has been following the medical marijuana movement knows Angel Raich: she has …
Article • May 1, 2005 • from P&J May, 2005
Gonzales v. Raich, No. 03-1454 (U.S. Supreme Court) (545 U.S. 1; 125 S.Ct. 2195) (June 6, 2005) (Justice Stevens) by Relying on the Court's 1942 decision in Wickard v. Filburn, the Court held, by a vote of 6-to-3, that Congress had the authority to make it a crime to grow …
Article • November 1, 2003 • from P&J November, 2003
Raich v. Ashcroft, No. 03-15481 (9th Cir.) (352 F.3d 1222) (December 16, 2003) (Judge Harry Pregerson) by Here, a divided panel upheld a constitutional challenge to a portion of the Controlled Substances Act of 1970 (21 U.S.C. §§ 802(6) and 812(a)), holding that patients who take marijuana pursuant to a …
Article • November 1, 2003 • from P&J November, 2003
U.S. v. Landa, No. CR 02-0220 WHA (N.D.Cal.) (281 F.Supp.2d 1139) (July 31, 2003) (Judge William Haskell Alsup) by After the three defendants in this case were charged with participating in a “large-scale” marijuana-cultivation venture, they pled guilty to maintaining a place for the manufacturing of marijuana, in violation of …
Article • August 1, 2003 • from P&J August, 2003
U.S. v. Rosenthal, No. CR 02-0053 (CRB) (N.D.Cal.) (266 F.Supp.2d 1091) (June 9, 2003) (Judge Charles R. Breyer) by In response to the defendant's assertion of a defense of medical marijuana, the Court granted him a significant downward departure, both because he was eligible for the safety valve and because …
Article • February 1, 2003 • from P&J February, 2003
U.S. v. Campbell, No. 00-4134 (6th Cir.) (317 F.3d 597) (January 28, 2003) (Judge George C. Steeh) by
Article • November 1, 2002 • from P&J November, 2002
Conant v. Walters, No. 00-17222 (9th Cir.) (309 F.3d 629) (October 29, 2002) (Judge Mary M. Schroeder) by This decision is the latest episode in the Government’s long-running battle to outlaw the use of marijuana for medical purposes. Previously, in a decision reported sub nom. Conant v. McCaffrey, 2000 WL …
Article • June 1, 2001 • from P&J June, 2001
U.S. v. Fort, No. 00-10418 (5th Cir.) (248 F.3d 475) (April 17, 2001) (Judge Jerome Farris) by Here the Court rejected the defendant's contention that the one-year maximum sentence for small amounts of marijuana applied to him because he admitted at his sentencing hearing that he possessed 195 pounds of …
Article • May 16, 2001 • from P&J April, 2001
U.S. v. Oakland Cannabis Buyer's Cooperative, et al., No. 00-151 (U.S. Supreme Court) (532 U.S. 483; 121 S.Ct. 1711) (May 14, 2001) (Justice Thomas) by Here the Court held that that medical necessity is not a defense to criminal charges for manufacturing and distributing marijuana; although the decision left open …
Article • January 1, 2001 • from P&J January, 2001
U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent) by This decision will surprise a lot of Apprendi watchers. Here, the defendant, Gilbert Garcia, argued on his direct appeal that his five year term of supervised release was erroneous under Apprendi - …
Article • January 1, 2001 • from P&J January, 2001
U.S. v. Lowe, No. CRIM A 3:00-00063 (S.D.W.Va.) (143 F.Supp.2d 613) (November 28, 2000) (Judge Joseph R. Goodwin) by Here the Court made a strong and persuasive case for the proposition that in marijuana cases, involving only small amounts which are disputed, the proper statutory maximum sentence is one year …
Article • January 1, 2001 • from P&J January, 2001
U.S. v. Salazar-Flores, No. 99-50956 (5th Cir.) (238 F.3d 672) (January 25, 2001) (Judge Reynaldo G. Garza) by The defendant in this case was charged by indictment with one count of possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841. At the same time it filed …
Article • August 1, 2000 • from P&J August, 2000
Conant v. McCaffrey, No. 97-00139 (N.D.Cal.) (2000 WL 1281174) (September 7, 2000) (Judge William Haskell Alsup) by Ever since California adopted Proposition 215 (also called the Compassionate Use Act), the DEA has been at war with doctors who recommend the use of marijuana for medical purposes. The DEA’s position has …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Oakland Cannabis Buyers' Cooperative, No. 98-16950 (9th Cir.) (190 F.3d 1109) (September 13, 1999) (Per Curiam) by In the eyes of the Government, the Ninth Circuit has often been considered a dangerous, run-away maverick court. Two years ago, for example, the Supreme Court reversed 27 of the Court's …
Article • May 1, 1999 • from P&J May, 1999
Kuromiya v. U.S., No. Civ. A. 98-3439 (E.D.Pa.) (37 F.Supp.2d 717) (March 10, 1999) (Judge Marvin Katz) by In this suit brought by individuals who sought to use marijuana for medicinal purposes, the Court rejected a broad series of constitutional challenges to the validity of the Controlled Substance Act. The …
Article • August 1, 1998 • from P&J August, 1998
U.S. v. Cannabis Cultivators Club, No. C 98-0085 CRB (N.D.Cal.) (5 F.Supp.2d 1086) (May 13, 1998) (Judge Charles R. Breyer) by In his ruling, Judge Breyer emphasized that he was not ruling on the legality of the possession of marijuana by patients whose doctors recommended its use, only the distribution …